In a recent State Capitol news conference, Governor Jim Gilmore asked Virginia Attorney General Mark Earley to investigate recent Virginia Department of Transportation (VDOT) environmental mishaps, including unpermitted construction of the East-West Expressway on wetlands in Hampton and a sewage sludge spill into Tuckahoe Creek during construction of Route 288 in Goochland County.

The Department of Environmental Quality (DEQ) has begun an investigation into the matters with the cooperation of the U.S. Environmental Protection Agency (EPA) and the Virginia State Police. As a result of these mishaps, the Governor also has accepted the resignation of VDOT Commissioner David Gehr.

"This behavior towards the environment is irresponsible and unacceptable," Governor Gilmore said. "I cannot tolerate, and the people of Virginia cannot afford, a blatant disregard of our environmental laws. These laws exist for good reason - to protect the health and safety of every man, woman, and child in Virginia and to ensure that our precious wildlife, our scenic beauty, and our natural resources remain plentiful for generations to come. It is for these reasons that I am referring these matters to the Attorney General."

On December 1, 1998, a contractor for VDOT began clearing timber and removal of soils and placement of fill into wetlands at the site of construction of the East-West Expressway in Hampton. DEQ and the State Water Control Board had not yet approved VDOT's application for a Virginia Water Protection Permit. On December 23, the contractor halted on the project, and on February 9, 1999, VDOT informed DEQ that construction had begun before a permit was issued. On April 12, at DEQ's request, VDOT agreed to build 2.5 acres of wetlands to compensate for the loss of wetlands due to the unpermitted construction. Eight days later, the State Water Control Board approved the permit, but requiring that VDOT not use acidic soils to mitigate the wetlands and will use bottomless structures beneath the roadway to protect threatened wildlife. The incident may increase the $13 million project by $1 million to Virginia's taxpayers.

On June 2, 1999, VDOT began construction on Route 288 along Tuckahoe Creek in Goochland County. The approved permit required a plan for managing the closure of a nearby sewage lagoon, but the closure plan had not been approved. On June 17 and 18, a VDOT contractor broke down the wall of the lagoon, resulting thousands of gallons of sewage sludge flowing into Tuckahoe Creek, the City of Richmond's back-up water supply.

On July 1, a DEQ inspector discovered the sludge on the creek's banks, notified VDOT, and requested immediate cleanup, which VDOT began the next day. DEQ estimates that more than 100,000 gallons of sludge were removed from the creek. Four days later, state and federal investigators began an inquiry into the sludge release.

Current investigations into the Tuckahoe Creek sludge spill have revealed that both private contractors and state employees may have broken the law. As a result of legislation spearheaded by Gilmore to give the authority to Virginia's Attorney General to prosecute environmental crimes, Attorney General Earley will conduct a complete investigation of this matter and of any other violations that have occurred.

"When our drinking water is threatened, our air is harmed, or our soil is damaged, all Virginians should be very concerned," Attorney General Earley said. "Clearly, the incidents outlined by Governor Gilmore are potentially very serious. We will work closely with local, state and federal authorities to investigate these and any other similar instances, and to take the appropriate action."

Until a permanent VDOT Commissioner is appointed, Assistant Secretary of Transportation Charles D. "Chip" Nottingham will take over the agency as Acting VDOT Commissioner.

Since Governor Gilmore took office, he has ensured the protection of the health and safety of Virginians and the Commonwealth's environment and waterways. Governor Gilmore proposed and signed into law several pieces of legislation to cap landfills, reduce the flow of out-of-state garbage, and ban garbage barges on Virginia's waterways. The Governor also provided more than $48 million in additional funding for water quality improvements. In addition, Gilmore has taken steps to improve the water quality in the Chesapeake Bay.