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Discharge to Surface Waters - Virginia Pollutant Discharge Elimination System (VPDES)

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Opportunities for public comment for VPDES Permits, issued under the authority of the State Water Control Board, are listed below in chronological order. DEQ accepts comments and requests for public hearing on the draft permit by hand-delivery, e-mail, or postal mail.

How to comment and/or request a public hearing:

All comments and requests must be in writing and be received by DEQ during the comment period. DEQ must receive hand-delivery and postal mail by close of business and email comments by 11:59 p.m. on the last day of the comment period. Submittals must include the names, mailing addresses and telephone numbers of the commenter/requester and of all persons represented by the commenter/requester.

A request for public hearing must also include:

  1. The reason why a public hearing is requested.
  2. A brief, informal statement regarding the nature and extent of the interest of the requester or of those represented by the requestor, including how and to what extent such interest would be directly and adversely affected by the permit.
  3. Specific references, where possible, to terms and conditions of the permit with suggested revisions. 

A public hearing may be held, including another comment period, if public response is significant, based on individual requests for a public hearing, and there are substantial, disputed issues relevant to the permit.

Helpful Terms

  • Watershed: A watershed is the land area drained by a river and its incoming streams.

Current VPDES Public Notices:

Public Notice - Midtown Elizabeth River Tunnel: VA0005860

  • Date: -  

Public Notice – Environmental Permit

Purpose of notice: To seek public comment on a draft permit from the Department of Environmental Quality that will allow the release of treated wastewater and stormwater into a water body in Norfolk, Virginia.

Public comment period: September 2, 2025 to October 2, 2025

Permit name: Virginia Pollutant Discharge Elimination System Permit – Wastewater and Stormwater issued by DEQ pursuant to applicable water laws and regulations

Applicant Name, address and permit number: Elizabeth River Crossings Opco, LLC; 152 Tunnel Facility Drive, Portsmouth, VA 23707; VA0005860

Facility name and location: Midtown Elizabeth River Tunnel; Interstate Route 264, Norfolk, VA

Project description: Elizabeth River Crossings Opco, LLC has applied for reissuance of a permit for the private Midtown Elizabeth River Tunnel. The applicant proposes to release treated industrial wastewaters and stormwater at a rate of 9,900 gallons per day into a water body. Solids from the treatment process are collected and taken to Clearfield MMG for disposal. The facility proposes to release the treated industrial wastewaters and stormwater in the Elizabeth River in Norfolk in the James River watershed. A watershed is the land area drained by a river and its incoming streams. The permit will limit the following pollutants to amounts that protect water quality: physical and chemical properties, metals, solids, and inorganics.

HOW TO COMMENT AND/OR REQUEST A PUBLIC HEARING: DEQ accepts comments and requests for public hearing on the draft permit by hand-delivery, e-mail, or postal mail. All comments and requests must be in writing and be received by DEQ during the comment period. DEQ must receive hand-delivery and postal mail by close of business and email comments by 11:59 p.m. on the last day of the comment period. Submittals must include the names, mailing addresses or email addresses of the commenter/requester and of all persons represented by the commenter/requester. A request for public hearing must also include: 1) The reason why a public hearing is requested. 2) A brief, informal statement regarding the nature and extent of the interest of the requester or of those represented by the requestor, including how and to what extent such interest would be directly and adversely affected by the permit. 3) Specific references, where possible, to terms and conditions of the permit with suggested revisions. A public hearing may be held, including another comment period, if public response is significant, based on individual requests for a public hearing, and there are substantial, disputed issues relevant to the permit.

Contact for public comments, document requests and additional information: Ben Cunningham; DEQ Central Office, P.O. Box 1105, Richmond, Virginia 23218; Phone: (804) 659-2686; E-mail: Benjamin.Cunningham@deq.virginia.gov; The public may review the draft permit and application at the DEQ office named above by appointment or may request copies of the documents from the contact person listed above.

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