Thursday, March 6, 2014

Breaking News: Judge rules Duke must take immediate action to eliminate sources of groundwater contamination at ash ponds


Judge rules Duke must take immediate action to eliminate sources of groundwater contamination at ash ponds


Press Release from the Southern Environmental Law Center

For Release:  March 6, 2014
Contacts:SELC, Kathleen Sullivan 919-945-7106 or ksullivan@selcnc.org<mailto:ksullivan@selcnc.org>
Representing: Cape Fear River Watch, Kemp Burdette, kemp@cfrw.us<mailto:kemp@cfrw.us>, 910-762-5606
Sierra Club, Kelly Martin, 828-423-7845
Waterkeeper Alliance, Pete Harrison, 828-582-0422, pharrison@waterkeeper.org<mailto:pharrison@waterkeeper.org>
WNCA, Hartwell Carson, 828-258- 8737

CHAPEL HILL, N.C.—A Wake County Judge today ruled that Duke Energy must take immediate action to eliminate the sources of groundwater contamination that are currently violating water quality standards at all 14 of its coal-fired power plants in North Carolina.

The ruling comes in the wake of recent claims by the Department of Environment and Natural Resources (DENR) that it lacks the legal authority to require cleanup of the ash ponds which hold millions of gallons of toxic coal ash.  DENR’s comments were made in response to the February 2014 coal ash spill that dumped up to 35,000 tons of coal ash into the Dan River.

“The ruling leaves no doubt, Duke Energy is past due on its obligation to eliminate the sources of groundwater contamination, its unlined coal ash pits, and the State has both the authority and a duty to require action now,” said D.J. Gerken, senior attorney at the Southern Environmental Law Center who represented the conservation groups in the case.  “This ruling enforces a common-sense requirement in existing law – before you can clean up contaminated groundwater, you first must stop the source of the contamination- in this case, Duke’s unlined coal ash pits.”

Data collected by DENR over several years indicates that many of Duke’s coal-fired power plants are causing groundwater contamination by storing hazardous coal ash in unlined pits often adjacent to major bodies of water, including drinking water reservoirs.  The state has asserted however that it can take no action without first determining how far contamination has spread and that it lacks the legal power to require Duke to remove ash from the ponds.  Today’s ruling clarifies the State’s authority under the North Carolina groundwater protection law to require Duke to stop the ponds from further contaminating groundwater, before it tackles the long term challenge of cleaning up the groundwater it has already polluted.

“Duke’s toxic legacy in North Carolina needs to end, and the North Carolina Department of Environment and Natural Resources won’t do its part to protect our water,” said Kelly Martin, senior campaign representative with Sierra Club’s Beyond Coal campaign. “Clean water is our right, and if Duke Energy won’t do the right thing even after the Dan River coal ash spill, we’ll keep fighting to hold them accountable.”

Although almost all of the unlined coal ash ponds in the state have been in operation for decades– some for as many as fifty years–the ponds went largely unregulated until December 22, 2008 when a dam burst at the TVA Kingston Fossil Plant causing the largest coal ash spill in the history of the United States.  The February 2014 spill on the Dan River was reportedly the nation’s third largest coal ash spill, coating the Dan River with some 70 miles of toxic ash.

“Arsenic has been detected at levels exceeding legal standards in the groundwater at the Dan River plant at every sampling event since January 2011,” said Pete Harrison with the Waterkeeper Alliance.  “If the state had exercised its authority to require cleanup of those ponds previously, the catastrophic February 2014 coal ash spill could have been prevented.  The time to use this authority to require cleanup at other plants around the state is now, before another disaster occurs.”

Lawsuits filed by DENR earlier this year against each coal-fired power plant in the state allege that Duke Energy is violating state groundwater standards with contamination at several of its plants.  Those violations include thallium at the Asheville plant near the French Broad River and arsenic and selenium at the L.V. Sutton plant on the Cape Fear river.  Groundwater contamination at both facilities has been shown to be spreading towards local communities and water resources.   Duke has already been forced to buy out neighboring property because of contaminated groundwater and to supply alternate drinking sources to nearby homeowners at several of its plants – but has not yet stopped the source of the contamination.

“To effectively address contamination, you have to address the cause of that contamination,” said French Broad Riverkeeper Hartwell Carson. “Bailing water out of a boat with a hole in it doesn’t do you any good; you’ve got to fix the hole first. Today’s ruling means Duke will have to address the source of the thallium contamination in Asheville that is spreading toward our neighborhoods and river.”

Conservation groups are hopeful that the ruling will move the state to use its authority to require that the ash be removed from the ponds and stored in dry, lined landfills.  The ruling comes as Duke ceases coal-burning operations at several plants and prepares closure plans for the aging coal ash ponds.  The L.V. Sutton plant in Wilmington is among those plants which has converted to natural gas in lieu of coal.

“It would be a disaster to allow Duke to leave the coal ash ponds at the Sutton plant in place as it converts to natural gas,” said Cape Fear Riverkeeper Kemp Burdette.  “The ponds have already caused decades of contamination, leaching selenium and other dangerous contaminants into our groundwater and river to the point the community can no longer utilize the groundwater resources in a 17-square mile area because it is too contaminated.  If Duke closes the Sutton plant and leaves the ash in place it is the citizens that will bear the cost – it’s time for the state to require Duke to remove the ash.”

http://wnca.org/judge-rules-duke-must-take-immediate-action-to-eliminate-sources-of-groundwater-contamination-at-ash-ponds/


 
BREAKING: A judge ruled Thursday that Duke Energy must immediately stop the source of groundwater pollution at its 14 coal-fired power plants in NC.
Read more here: http://bit.ly/1e6J2EJ 

Keep the pressure on and SIGN our coal ash petition today: http://bit.ly/cleanupcoalash
Keep the pressure on and SIGN our coal ash petition today: http://bit.ly/cleanupcoalash


Judge rules Duke must stop groundwater pollution at NC coal ash sites

ablythe@newsobserver.com cjarvis@newsobserver.com
March 6, 2014 Updated 27 minutes ago

— A Wake County Superior Court judge ruled Thursday that Duke Energy must immediately stop the source of groundwater pollution at its 14 coal-fired power plants in North Carolina.

Judge Paul Ridgeway reversed a decision by the state’s Environmental Management Commission, saying it failed to properly apply state law when it didn’t force the utility to clean up its coal ash ponds.

The appeal of the commission’s decision was brought by the Cape Fear River Watch, Sierra Club, Waterkeeper Alliance and Western North Carolina Alliance in 2012. Charlotte-based Duke could appeal the decision to the state Court of Appeals.

A DENR spokesman, Drew Elliot, said the agency is “carefully reviewing the court’s decision.”

At issue in the case was whether the commission, comprised of 15 members appointed by the governor and leaders of the General Assembly, has the legal authority to force Duke to take immediate action in cleaning up the coal ash ponds.

These questions have been roundly debated recently after a coal ash spill at one of Duke's plants dumped up to 35,000 tons of coal ash into the Dan River.

“The ruling leaves no doubt, Duke Energy is past due on its obligation to eliminate the sources of groundwater contamination, its unlined coal ash pits, and the State has both the authority and a duty to require action now,” said D.J. Gerken, senior attorney at the Southern Environmental Law Center who represented the conservation groups in the case.
 “This ruling enforces a common-sense requirement in existing law – before you can clean up contaminated groundwater, you first must stop the source of the contamination- in this case, Duke’s unlined coal ash pits.”

Read more here: http://www.newsobserver.com/2014/03/06/3679254/judge-rules-duke-must-stop-groundwater.html#storylink=cpy
http://www.newsobserver.com/2014/03/06/3679254/judge-rules-duke-must-stop-groundwater.html


Legislators get update on Dan River coal ash spill

Posted: Thursday, March 6, 2014 4:53 pm 
            
Del. Danny Marshall facilitated a second meeting today to update legislators and the public about the current status of the Dan River contamination from a Duke Energy coal ash spill at Eden, N.C., which has moved downstream to affect Virginia waters for more than 30 miles.
Secretary of Natural Resources Molly Ward and several agency representatives gave updates and answered questions.

Joining Marshall in the discussion were Delegates Les Adams, James Edmunds, Ed Scott, Tony Wilt, and Tommy Wright, along with Senators John Cosgrove and Frank Ruff.

Those providing detailed information were Molly Ward, Secretary of Natural Resources; Dr. David Trump, Acting Chief Deputy Commissioner, Virginia Department of Health; John Aulbach II, Director of Drinking Water; David Paylor, Director of the Department of Environmental Quality; Bob Duncan, Director of the Department of Game and Inland Fisheries; David Whitehurst, Director of Wildlife Resources; and John Daniel, Office of the Attorney General.

“We must do our best to recover from this damage and to be constantly vigilant to detect future problems,” Marshall said. “I appreciate our state agencies reacting quickly, making this a top priority and keeping us informed.”

Ward reported that Virginia Department of Environmental Quality workers have been on site since the incident was reported. She stated that there have been attempts to recover ash, but that the river has been so high and turbulent, that most of the ash dispersed.

Also, Ward stated that several Virginia agencies will be meeting with Duke Energy on Friday. She indicated that Virginia is expecting Duke Energy to take full responsibility.
“There will be enforcement actions and civil penalty,” she said.

All Virginia agencies and localities that have already incurred, and will in the future incur, costs are to document and report them to the Department of Environmental Quality.
David Paylor, director of the Department of Environmental Quality, reported that they have collected fish samples and will have more test results coming in.

He said that current tests indicate the fish do not show tissue contamination. They will continue testing.

Paylor reported that they have briefings with the federal Environmental Protection Agency and the Tennessee Valley Authority next week.

The idea of meeting with the Tennessee Valley Authority came up at a previous meeting when Marshall reminded the group of a spill in Tennessee that happened about 5 years ago, and suggested that Virginia should reach out and learn from those who have already experienced a spill.

Hearing about the TVA actions, successes and even warnings could be very beneficial as Virginia moves forward.

When asked how the public could trust test results, since some tests by Duke Energy had errors, Paylor assured the group that DEQ operates independently and their scientists are following standard procedures. They have relied on DEQ tests, not the Duke Energy tests.
John Aulbach, director of the Office of Drinking water, reported that they have had extra staff continually taking samples of the drinking water since the spill incident.
There has been simultaneous independent testing.

His department has performed the tests in Richmond, while Danville had an independent private analysis.

Both results have deemed the drinking water to be safe.

John Daniel, representing the Virginia Attorney General’s Office, reinforced Ward’s statement that Virginia will keep records of all costs, consolidate those records and report them in a timely way, so that Duke Energy can be held fully accountable.

Virginia is currently evaluating all legal avenues in regards to making sure Duke Energy is held 100% accountable.

http://www.chathamstartribune.com/news/article_b688dc76-a579-11e3-9642-001a4bcf887a.html

Haz-Mat team finds coal ash in Dan River

Posted: Wednesday, March 5, 2014 4:37 pm
DANVILLE — The hazardous materials unit of the Danville Fire Department responded this afternoon to a call of a substance with an unusual appearance in the Dan River.

The substance was found above the dam at Union Street Bridge near the south bank.
The hazmat team collected samples. Tests determined the substance is coal ash.

“We believe this coal ash was stirred up from the bottom of the river due to the higher water flow as a result of the recent rain and snow,” Assistant Fire Chief Steve Dishman said. “This is something we expect to see from time to time with high water events.”

Barry Dunkley, director of water and wastewater treatment for Danville Utilities, said there have been no visible signs recently of coal ash entering the water treatment plant through the water intake at the river.

All tests of treated water leaving the water treatment plant continue to show the water is clean and safe to drink, he said.

The city has notified the Virginia Department of Emergency Management of the incident.
“We will continue to monitor the situation,” Dishman said. “If any citizen sees something of concern like this, we ask that they contact us.”

http://www.chathamstartribune.com/news/article_41541bd0-a4ae-11e3-bef2-001a4bcf887a.html

NC officials want pipes at Duke plants probed

MICHAEL BIESECKER The Associated Press | Posted: Wednesday, March 5, 2014 6:30 pm
RALEIGH, N.C. — North Carolina regulators are pressing Duke Energy to send robot cameras up drainage pipes at all of its coal ash dumps in the state following a big spill last month that left 70 miles of the Dan River coated in toxic sludge.

The state Department of Environment and Natural Resources said Wednesday it asked the company to take video from inside pipes at 14 facilities and to develop new emergency action plans in case of another disaster.

The massive Feb. 2 spill in Eden was triggered when a stormwater pipe running underneath a 27-acre coal ash dump collapsed.

Inspectors recently expressed concern about potentially contaminated water flowing from a heavily corroded pipe at another Duke plant adjacent to the Broad River. Coals ash contains hazardous chemicals including arsenic, lead and mercury

http://www.godanriver.com/news/coal-ash/nc-officials-want-pipes-at-duke-plants-probed/article_24741910-a4be-11e3-9ef0-001a4bcf6878.html


Comments:  I saw men wearing orange jumpsuits on the Dan on Thursday

 

Dead mussels, clams piling up downstream of Dan River coal ash spill

Posted on: 7:37 pm, March 5, 2014, by , updated on: 07:59am, March 6, 2014
 
DANVILLE, Va. — Dead clams and mussels dot the Dan River Bank for at least 20 miles, according to the Dan River Basin Association.

A toxic coal ash spill into the Dan River at the beginning of February from a Duke Energy site in Eden is causing concern miles downstream.

Danville resident Morris Lawson first discovered piles of dead mollusks at the Dan Daniel Memorial Park and reported it to river officials.

“They’re laying everywhere,” he said. Lawson is the same man who found two dead turtles in the river several weeks ago.

Brian Williams with the Dan River Basin Association said they consulted with scientists and consider this number of dead mollusks “abnormal.” While some species, like the Asian clam, reproduce and die in large numbers, he said they are not used to seeing this many on the riverbank.

“This is the first of the dead organisms you’re going to see,” worried Lawson.

Dr. Matt Wasson with Appalachian Voices is an ecologist who says organisms at the bottom of the river are being covered with the thousands of tons of coal ash spilled into the Dan.
He said mussels are not just a food source in the river. They act as filters in the water, just like a filter for a fish tank keeps the water clean.

If the populations die off, he said, “That role, that filtering and kind of cleaning role, doesn’t get played and so it’s subtle changes that would happen over a period of years. But they could accumulate to very profound impacts on the whole river ecosystem including fish.”

A DENR spokesperson had not heard of the dead mussels and clams but told FOX8 they would look into it.
 
 

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