Fairfax County, VDOT sue EPA over Accotink Creek watershed regulations Fairfax County and the state of Virginia have accused the U.S. Environmental Protection Agency of "massive" and expensive regulatory overreach in its attempts to control sediment buildup in the Accotink Creek watershed, according to a lawsuit filed Thursday. The lawsuit - which was filed by Virginia Attorney General Ken Cuccinelli's (R) office in federal court in Alexandria on behalf of the county Board of Supervisors and the Virginia Department of Transportation - says the federal agency has gone too far by requiring the county to control the flow of water itself as a way of managing sediment discharges. In asking for declaratory judgment and an injunction, the state and county argue that the EPA's proposed restrictions on water flow exceed its authority under the Clean Water Act and would divert public funds that could be spent more effectively on restoring Accotink Creek and other waterways. They said the EPA would require the county to cut the flow of water by half at a cost that could reach as much as $500 million. "EPA is literally treating water itself - the very substance the Clean Water Act was created to protect - as a pollutant," the lawsuit says. "Fairfax County has demonstrated a strong and unwavering commitment to water quality and environmental stewardship during the last six decades," Fairfax County Board of Supervisors Chairman Sharon Bulova (D) said in a written statement. We are absolutely committed to maintaining and improving water quality in Fairfax County and the Chesapeake Bay. However, we believe that regulations, whether federally or state imposed, must effectively address the targeted problem and be fiscally sound and realistic. Reaction from the EPA was not immediately available. The state and county say that although the EPA has the power to regulate the discharge of pollutants, including sediment, the agency last year issued a restoration plan - known as Total Maximum Daily Load (TMDL) - that would require the county to control the quantity or flow of water itself in Accotink Creek to improve aquatic life there. Similar TMDL plans were issued in four areas in the United States, including waterways in Missouri, and all have been challenged in federal court, according to state and county officials. State and Fairfax officials said they decided to challenge the EPA's proposed restrictions because, they said, the cost of implementation is higher than restoration plans that target the pollutant itself, and because they believe the EPA's plan will "will deliver a worse environmental result." State and local officials said the EPA's mandated reduction in waterflow could not be achieved by retrofitting existing stormwater management structures and would instead require VDOT to acquire significant amounts of private property for new stormwater facilities. They also argue that the EPA would effectively require the county and state to regulate runoff from private property beyond their control.