Environ News

North Carolina regulators pull deal with Duke on coal ash pollution

The Associated Press | Posted: Friday, March 21, 2014 4:42 pm
RALEIGH, N.C. - North Carolina regulators said Friday they have asked a judge to withdraw a proposed settlement that would have allowed Duke Energy to resolve environmental violations by paying a $99,000 fine with no requirement that the $50 billion company clean up its pollution.
The state Department of Environment and Natural Resources said in a statement that it would scuttle the proposed consent order to settle violations for groundwater contamination leeching from coal ash dumps near Charlotte and Asheville.
The decision comes after a Feb. 2 spill at a Duke coal ash dump in Eden coated 70 miles of the Dan River in toxic sludge.
North Carolina officials said they will now partner with the U.S. Environmental Protection Agency to pursue joint enforcement actions against Duke for Clean Water Act violations at Dan River and other sites.
Duke operates 14 facilities in North Carolina with leaky unlined coal ash dumps, all of which have been cited for polluting groundwater. Duke was also cited this week for illegally pumping 61 million gallons of contaminated water from two coal ash dumps into a canal leading to the Cape Fear River.
State officials touted the EPA's extensive experience from the ongoing cleanup in Kingston, Tenn., site of the largest coal ash spill in the nation's history in 2008.
"The state's goal is to clean up both the Dan River and to protect public health and the environment at the other Duke Energy facilities around the state, and we are pleased to announce that the EPA will join us as we address these important issues," said Gov. Pat McCrory, a Republican.
Before becoming governor, McCrory worked at Duke for more than 28 years. Records show the company and its employees have provided more the $1.1 million to McCrory's campaign and GOP groups that supported his candidacy.
The scuttled settlement was initially tabled Feb. 11, the day after The Associated Press published a story highlighting what environmentalists criticized as a "sweetheart deal" to the governor's former employer.
The state only took legal action against Duke after a coalition of environmental groups represented by the Southern Environmental Law Center filed notice in January 2013 that they planned to sue Duke over its coal ash pollution under the Clean Water Act. The McCrory administration then used its authority under the act to file state violations against Duke and then quickly negotiated the settlement - a move environmentalists contend was intended to shield the nation's largest electricity company from far harsher penalties it might have faced in federal court.
Federal prosecutors are now conducting a criminal investigation of the Dan River spill and probing the relationship between Duke and the state officials charged with enforcing clean water laws. There have been at least 23 subpoenas issued since the spill and a grand jury met this week at the federal courthouse in Raleigh
McCrory and officials at the state environmental agency, which is known by the acronym DENR, have ardently defended the proposed deal with the company, even as they abandoned it.
Frank Holleman, a senior lawyer at the Southern Environmental Law Center, welcomed what he termed as "a total reversal" of the state's position.
"We hope that DENR will now work with us to enforce the law and force Duke Energy to clean up its illegal coal ash storage and move the ash to safe dry storage in lined landfills away from our rivers," Holleman said. "It is a shame that it took the Dan River spill and a federal criminal grand jury to get DENR to change course and that a year was lost while DENR tried to defend this now-defunct settlement."

http://www.godanriver.com/news/coal-ash/north-carolina-regulators-pull-deal-with-duke-on-coal-ash/article_647c354c-b139-11e3-9f2a-0017a43b2370.html

Dan River group wants in on lawsuit against Duke Energy

By Taft Wireback
(Greensboro, N.C.) News & Record | Posted: Friday, March 21, 2014 10:10 am
The Dan River Basin Association joined with three other conservation groups Thursday to intervene in a lawsuit state officials have filed against Duke Energy to stop pollution from the power company’s coal ash ponds.
DRBA, Roanoke River Basin Association, Waterkeeper Alliance and the Southern Alliance for Clean Energy want a state judge to admit them so they can push for a full cleanup of the Feb. 2 spill at Duke Energy’s retired Dan River Steam Station in Eden. The spill sent huge amounts of toxic coal ash and polluted wastewater into the Dan River.
“It is important that local citizens in the Dan River Basin have a voice in the cleanup of Duke Energy’s coal ash pollution, and DRBA can represent that voice,” said Allison Szuba, the president of the Dan River Basin Association’s board of directors.
The lawsuit was necessary to keep pressure on both Duke Energy and the N.C. Department of Environment and Natural Resources to end coal ash pollution at Duke Energy’s spill site in Eden and elsewhere across the state, said Frank Holleman, a senior attorney for the Southern Environmental Law Center, which represents the citizen groups.
“The tragic Dan River spill and the revelations of uncomfortably close ties between Duke Energy and DENR make it all the more important that citizens and local conservation groups have a seat at the table,” Holleman said.
“The Roanoke basin group joined DRBA and the others to make sure that Duke cleans up all remnants of the Feb. 2 spill, move any remaining stored ash away from the river and into a secure landfill and to do so as quickly as reasonably possible,” said Mike Ward, a resident of Martinsville, Va., who serves on that group’s board of directors.
“We want reassurance more than just saying, ‘We’re going to do it,’ ” Ward said.
The lawsuit is part of a series that several other environmental groups initially sought to file last year, contending that state government was doing nothing about groundwater pollution from Duke
Energy’s ash ponds at 14 active and retired coal-fired plants across the state.
The DENR stepped into the lawsuits belatedly to sue Duke for the alleged environmental violations and supplant the original environmental groups.
Last year, the original citizen groups assumed the role of intervenors, side parties to the lawsuit that are allowed to participate because they have significant interests in its outcome.
The other groups intervened in the DENR’s case against Duke Energy involving other plants with ash ponds, including the utility’s plants near Charlotte, Asheville and Wilmington.
Thursday’s action would give DRBA that same status, as a state Superior Court judge sorts through Duke Energy’s obligations at each plant.
DRBA and the three other conservation groups are the first to request intervenor status in the case involving the Dan River facility, Holleman said.

http://www.godanriver.com/news/coal-ash/dan-river-group-wants-in-on-lawsuit-against-duke-energy/article_898f5e4a-b102-11e3-be9b-0017a43b2370.html

Meeting:  Farmer Conversation About Coal Ash

 

Monday at 6:00pm at Rockingham County Cooperative Extension, 525 NC 65, Suite 200, Reidsville, North Carolina 27320

Dan River Basin Association :  Wells March 12 We are getting calls from people concerned about the possible impact of coal ash on their private water wells. Virginia Department of Public Health advises that if you have a private well and live in Virginia, please consult with Southside ...Health District at (434) 799-5190. If you live in North Carolina and are concerned about your drinking water, please contact the Public Information Officer for NC Department of Water Resources at (919) 707-9014. Here's the source: http://www.vdh.state.va.us/CoalAsh.pdf         NC Conservation Network :  Coal Inf March 16 Unbelievable. From the New York Times: "Duke Energy, the giant utility whose spill of toxic waste into a North Carolina river last month is under federal investigation, released waste-water last week from a second site upriver of Raleigh that state regulators said could be illegal." SIGN our petition urging our state leaders to clean-up these unsafe toxic coal ash lagoons today: http://bit.ly/cleanupcoalash   Duke faced few fines over decade By Bruce Henderson, Rick Rothacker and Gavin Off bhenderson@charlotteobserver.com rrothacker@charlotteobserver.com By Bruce Henderson, Rick Rothacker and Gavin Off The Charlotte Observer Posted: Friday, Mar. 14, 2014   North Carolina regulators socked Duke Energy with a flurry of environmental violations after it dumped a 70-mile slug of coal ash into the Dan River last month.But the seven violations filed on Feb. 28 were aberrations, state records show. The N.C. Department of Environment and Natural Resources had cited Duke and Progress Energy, now part of Duke, for only 31 water-quality violations in the previous decade. That’s despite the statewide footprint of the combined Duke. The company serves most of North Carolina, inhaling millions of gallons of water a day to cool its 19 power plants. Duke and state regulators have been under intensifying public scrutiny since the Dan River spill. Environmental advocates contend state regulators are too cozy with Duke to aggressively police the company. Both have been subpoenaed to appear before a federal grand jury that meets in Raleigh next week. The nation’s biggest utility, worth $50 billion, has been fined only four times for a total of less than $4,000 since 2004, according to an Observer analysis of data from DENR’s Division of Water Resources. These civil penalties are the department’s most severe enforcement action, a step above Notices of Violation. The sewage treatment plant for the small Gaston County town of Dallas, by contrast, was fined about $200,000 over that period. DENR spokeswoman Sarah Young said wastewater permits make up the majority of the permits issued by the water resources division. Because they have the capacity to cause the most environmental damage, she said, they merit the most scrutiny. Larger companies such as Duke often have few regulatory problems because they have staff dedicated to environmental compliance, she said. State Water Resources Director Tom Reeder added Friday: “We have limited resources, and we try to focus those resources on emerging problems or problems that are likely to pose the biggest risks. We try to focus our energy where we think we can do the most good.” Duke declined to comment, referring questions about DENR’s enforcement to the environment agency. Total fines have dropped since 2007, when the legislature began trimming water-quality budgets. That trend accelerated when Republicans took control of the legislature in 2011 and Republican Gov. Pat McCrory’s appointees took over the environment department in 2013. Fines that totaled about $2 million a year from 2006 to 2008 dropped to $518,000 last year, the first under new environment Secretary John Skvarla. In 2013, the department issued some 350 water-quality penalties, less than half as many as in 2008. The average total penalty in 2013 – $1,472 – was a little more than half the average in 2008. A new approach Skvarla brought a customer-friendly approach to regulation. DENR adopted a mission statement, prominently displayed within the department, that pledged to weigh economic costs in its decision-making. The agency would not be, it said, “a bureaucratic obstacle of resistance.” Amy Adams, a former DENR regional supervisor who resigned last fall, said she no longer felt support by superiors to take aggressive enforcement action. “What changed was that after the McCrory administration came in, we were going to make these decisions based on the mission statement, which referred to economics,” said Adams, who now works for the advocacy group Appalachian Voices. “It was more of a focus on getting what (regulated entities) wanted than in doing what was best for the environment.” DENR said a number of factors could contribute to the decline in penalties. They include a downturn in the economy, increased willingness by violators to fix problems and a “tiered” enforcement strategy that bases penalties on the threat to the environment. Former staff members say the change in enforcement focus became pronounced in 2011, when the legislature convened with Republican majorities in both chambers for the first time in more than a century. The division became a target of budget cuts, most recently when it lost 68 positions on March 1. Water-quality staffing had fallen 20 percent between mid-2008 and mid-2013. Reeder warned his staff in a departmental video last July that legislators were unhappy with “certain segments” of the division. “We’re in the cross-hairs right now. We are the bulls-eye,” Reeder said. The division would focus on helping applicants win permits and violators get in compliance without fines, he said. In an interview, Reeder said his philosophy has evolved from by-the-book enforcement to a more collaborative approach. http://www.charlotteobserver.com/2014/03/14/4766883/duke-faced-few-fines-over-decade.html#.Uyzma_9OU2x  Details scant on plan to put coal ash at Charlotte Douglas By Ely Portillo  There were more questions than answers Friday as city officials described a proposal to move millions of tons of coal ash from a Duke Energy power plant on Mountain Island Lake to a new landfill at Charlotte Douglas International Airport.Charlotte City Council will hear more details about the proposal March 24, when Duke and an environmental group plan to present pros and cons of the idea. Duke stores 2.7 million tons of toxic coal ash in two unlined pits at the retired Riverbend Steam Station, north of Charlotte. The utility has said it will close its existing ash ponds, a consequence of a Feb. 2 spill on the Dan River that dumped thousands of gallons of toxic sludge. Environmental advocates said Duke’s proposal could be a better solution for the ash than where it sits now, next to the lake that provides drinking water for Charlotte. But they still see potential problems, such as the airport’s proximity to the Catawba River, streams that drain to Lake Wylie and groundwater sources for residents, and the sheer number of unanswered questions about the plan. “A lot depends on the execution,” said Rick Gaskins, executive director of the Catawba Riverkeeper Foundation. His group will also present to City Council. “Is it perfect? Is it what I’d like to see and do in the future? Maybe not, but it is important to get this ash off the drinking water of 830,000 people.” A Duke spokesman and city officials weren’t able to say Friday where on the airport’s 6,000 acres the ash would go, or for which construction projects it would provide fill material. It also wasn’t clear whether Duke would pay Charlotte to store the ash there, or when the project might begin. “We received the letter yesterday,” said Assistant City Manager Hyong Yi. “We can only do so much in 24 hours. There are more questions now than anything else.” Asked whether he knows enough to tell the community that burying coal ash at the airport would be safe for the water supply, Charlotte sustainability program manager Rob Phocas said, “That’s what the due diligence period is about.” City officials said Friday that Duke first approached them last summer with the idea of using coal ash from Riverbend as construction material at the airport. Charlotte Douglas officials went to Asheville to tour a similar project at that city’s airport, where the utility has moved millions of tons of coal ash to fill and grade land there. The discussions didn’t lead anywhere at the time. “After that, it really went quiet,” Phocas said. “We listened to what they had to say, had conversations, and they didn’t reach out to us anymore after that. We weren’t pushing for it.” But Thursday, with a Saturday deadline looming for Duke to present its plans for dealing with the coal ash, Duke revived the plan and sent Charlotte Mayor Patrick Cannon and City Council a letter laying out the basics of its proposal. Duke wants to work with Charah, a Kentucky-based company, to excavate the ash from Riverbend and transport it to Charlotte Douglas. There, the ash would be buried and covered with a waterproof liner on all sides, then buried under several feet of dirt. “It would be totally encased and covered with soil,” said Duke spokesman David Scanzoni. He declined to say whether the Charlotte-based utility is considering other sites for storing the ash. “I don’t think we’re their only option,” said Phocas. “I think we’re one of their top options.” The resulting land would be flat and ready for construction. The airport has a number of projects planned, such as a fourth parallel runway, that would require major grading. The airport’s savings from having Duke do that work could be significant. Deputy Interim Aviation Director Jack Christine said Charlotte Douglas spent $70 million to move 9 million cubic yards worth of dirt and grade the land for its third parallel runway, which opened in 2010. Charah is carrying out a similar-sized project at Asheville Regional Airport, which began in 2007. The company doesn’t expect to finish moving and burying the coal ash there until mid-2015. Airport spokeswoman Tina Kinsey said the utility doesn’t pay Asheville Regional to put coal ash there. “The benefit to the airport is the addition of usable land on the airport property,” she said. So far, the grading and filling has saved the airport $12 million. Charah installed wells to monitor groundwater, Kinsey said. Duke retains ownership of the coal ash buried on the airport’s land, and will be responsible for required testing in the future. The companies said several other airports, including George Bush Intercontinental in Houston, have used coal ash as a building material. Gaskins said he doesn’t know of any problems that have emerged from the project at Asheville’s airport. Although he’s still looking for details on Charlotte’s project – such as how close the ash would be to streams and the thickness of liners – Gaskins said almost any ash storage option is preferable to the current situation next to Charlotte’s main reservoir. “The biggest incremental reduction in the threat is going to be just getting it out of an unlined pond on the banks of drinking water,” he said. http://www.charlotteobserver.com/2014/03/14/4766263/details-scant-on-plan-to-put-coal.html#.UyznRP9OU2x Read more here: http://www.charlotteobserver.com/2014/03/14/4766883/duke-faced-few-fines-over-decade.html#.UyyzAM6-pGg#storylink=cpy Read more here: http://www.charlotteobserver.com/2014/03/14/4766883/duke-faced-few-fines-over-decade.html#.UyyzAM6-pGg#storylink=cpy

EPA to join NC’s coal ash probe

 

By Bruce Henderson

Published in: Local News

The Environmental Protection Agency will join a probe by North Carolina’s environmental agency of how Duke Energy handled and maintained its coal ash across the state.

The public role of EPA so far has been in overseeing the response and cleanup of Duke’s Feb. 2 ash spill into the Dan River. A federal grand jury met this week in Raleigh to investigate a “suspected felony” surrounding the spill.
The state Department of Environment and Natural Resources has cited Duke for two violations at its Dan River power plant but not yet imposed fines. DENR also filed violations against five other Duke plants.
Secretary John Skvarla mentioned a “difficult and complicated” enforcement case that involves Virginia, where the Dan flows, in asking EPA to join the probe March 14.
“People should interpret this as DENR and EPA thinking this is a very important issue and that we want to bring all our resources to bear in determining a solution,” DENR spokesman Drew Elliott said Friday.
The state and EPA share joint authority for enforcing the federal Clean Water Act on rivers and lakes. EPA does not regulate groundwater, which has been contaminated at all 14 of Duke’s North Carolina coal plants, while the state does.
EPA, in turn, has expertise in investigating coal ash spills. That’s based on the massive 2008 spill of ash slurry by the Tennessee Valley Authority in eastern Tennessee.
It’s not clear whether EPA’s involvement would raise the likely penalties to Duke for the spill or its other ash operations.
“How we go about enforcement would very much depend on what we find in our investigation,” Elliot said.
Frank Holleman, senior attorney with the Southern Environmental Law Center, said the EPA’s involvement in the case should help ensure tougher enforcement. The center represents environmental groups that are parties to four state lawsuits against Duke.
“But the proof will be in the outcome,” he said by email. “To date, EPA has not been involved in the civil enforcement against Duke’s illegal coal ash pollution, although its criminal investigators have been actively working on the issues.”
The law center suggested DENR had previously tried to keep EPA out of its ash cases.
It released an email from a DENR official who wrote in March 2013 that EPA was poised to start investigating contamination at Duke’s Asheville power plant. EPA indicated it would not intervene, the official wrote, if the state instead took action.
“Great news!” Secretary Skvarla responded.
The law center filed notice it would sue Duke over the Asheville plant in January 2013. DENR filed its own lawsuit in March of that year.
Agreement at issue
DENR also said Friday it wants to pull out of a proposed agreement with Duke over contamination at the Riverbend and Asheville power plants.
The agreement, which called for a $99,000 fine of Duke and more study of groundwater contamination, drew a harsh public response when it was proposed last summer. Nearly all of about 5,000 public comments called it too lenient.
Public pressure and legal opinion against the deal has only intensified since the Dan River spill. Environmental groups claim the settlement showed collusion between Duke and DENR.
“We are happy they have abandoned the sweetheart settlement. The sad part is we’ve lost a year while they pursued it, and meanwhile we’ve had two failures” of Duke’s ash ponds, Holleman said. Duke this week reported a crack in a dam at its Cape Fear power plant southwest of Raleigh.
DENR said the terms of the agreement were based on the department’s long-standing interpretation of groundwater rules, which a Wake County judge overturned March 6.
Superior Court Judge Paul Ridgeway decided that the rules required “immediate action” to clean up the ash-tainted groundwater that’s been found at all 14 of Duke’s North Carolina coal plants.

http://www.charlotteobserver.com/2014/03/21/4783809/epa-to-join-ncs-coal-ash-probe.html#.UyzqAf9OU2w

DENR plans to abandon Duke Energy settlement

Posted 3:54 p.m. today
Updated 7:10 p.m. today

 

 

By Mark Binker

Raleigh, N.C. — North Carolina regulators say they will withdraw from an controversial agreement that would have settled a set of lawsuits over toxins illegally leaking from coal ash ponds maintained near Duke Energy power plants.
Last month, officials with the Department of Environment and Natural Resources told the court that they were considering expanding the settlement from the three ash ponds that it had covered to all 14 locations where Duke stores coal ash in ponds.
That settlement came in for criticism from environmental groups following a Feb. 2 coal ash spill from a now-shuttered power plant on the Dan River. The spill has coated 70 miles of riverbed with 30,000 to 40,000 tons of toxin-laced ash, according to the Duke and observations the U.S. Fish and Wildlife Service.
DENR officials proposed a settlement that included a $99,000 fine for pollution at steam stations near Asheville and Charlotte. Expanding the settlement would have ended a package of legal challenges. Environmental advocates said that fine was insufficient punishment for a company worth some $50 billion, and they complained that the settlement didn't require Duke to dispose of the ash.
Now those legal actions will proceed.
"We intend for our lawsuits against Duke Energy to move forward," DENR Secretary John Skvarla said in a statement. "We will continue to hold the utility accountable for the clean-up of its coal ash impoundments through the lawsuits, the reopening of the permits and our ongoing investigation."
Legally, DENR must ask the court's permission to withdraw from the agreement.
A DENR spokesman said Friday that the move to withdraw from the agreement was prompted by another court ruling this month ordering Duke to quickly stop toxins from leaking out of coal ash ponds across the state. Earlier this week, Superior Court Judge Paul Ridgeway refused to stay that order until it could be appealed.
"In view of the court’s order, DENR believes the best course of action at this time is to withdraw its support for the current consent order," said a news release from the agency.
“Duke Energy is reviewing NC-DENR’s announcement," said David Scanzoni, a spokesman for the company.
The move drew cheers from environmental groups, who have been pushing both the state and Duke to do more to clean up the ponds.
"Hopefully, DENR will now join with us in enforcing the law," said Frank Holleman, a lawyer for the Southern Environmental Law Center.

More on this

• Judge refuses to stay order in coal ash case
• Judge: Duke Energy must halt coal ash pond contamination
• NC environmental regulators may reinstate coal ash deal with Duke
• DENR gets defensive over Duke deal, coal ash spill

http://www.wral.com/denr-plans-to-abandon-duke-energy-settlement/13500728/

Results from WRAL.com

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http://www.wral.com/search/?jump=1&qs=coal+ash

 

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NC environmental regulators may...
WRAL.com
Lawyers for North Carolina's Department of Environment and Natural Resources say they may ask a court to reinstate a deal for the long-term cleanup of...
Updated March 9 - relevance: 53.19%

Lawmakers say momentum building for...
WRAL.com
Duke Energy must take "immediate action" to stop toxins leaking from coal ash ponds at its North Carolina power plants and develop a plan to clean up...
Updated March 6 - relevance: 52.3%

Judge: Duke Energy must halt coal ash...
WRAL.com
Duke Energy must take "immediate action" to stop toxins leaking from coal ash ponds at its North Carolina power plants and develop a plan to clean up...
Updated March 6 - relevance: 52.3%

New leak found at Dan River coal ash...
WRAL.com
State regulators announced late Friday that another stormwater pipe near the Dan River coal ash pits has been leaking water high in arsenic and other...
Updated March 7 - relevance: 51.84%

More metal pipes found at Duke coal ash...
WRAL.com
Corrugated metal pipes similar to the one that ruptured last month and caused a massive coal ash spill at a retired Duke Energy power plant in Eden...
Updated March 5 - relevance: 51.43%

NC not enforcing rules against leaky...
WRAL.com
A trio of coal ash ponds at a defunct power plant near Goldsboro pose a threat to the city's water supply and continue to leak toxins into nearby...
Updated February 27 - relevance: 50.8%

Coal ash spill prompts review of Duke Energy environmental permits
WRAL.com
Duke Energy failed to get permits it needed at six power plants to discharge rainwater from those sites into nearby rivers and streams, according to...
Updated March 3 - relevance: 50.66%

DENR threatens Duke with fines over coal ash spill
WRAL.com
Environmental regulators say the company could be liable for up to $25,000 per day spilling water into the Dan River without a permit plus additional...
Updated March 2 - relevance: 50.31%

Goldsboro keeps wary eye on upstream...
WRAL.com
A trio of coal ash ponds at a defunct power plant near Goldsboro pose a threat to the city's water supply and continue to leak toxins into nearby...
Updated February 27 - relevance: 50.02%

Researcher: $70M 'starting...
WRAL.com
One researcher says the damage from the Feb. 2 coal ash spill could cost more than $70 million to the state's economy. Others point to risks that...
Updated February 26 - relevance: 49.3%

FULL HEARING: State panel reviews coal...
WRAL.com
The state Environmental Review Commission looks into a massive coal ash spill in the Dan River and a sewage spill in the Haw River.
Updated February 20 - relevance: 48.69%

 

http://www.wral.com/search/?d_since=&d_sort=&d_filter=&d_site=1&qs=coal+ash&d_from=25

 

NC not forcing Duke to clean up leaky...
WRAL.com
Officials with the state Department of Environment and Natural Resources played defense during an hour-long news conference Wednesday, rebutting...
Updated February 19 - relevance: 48.11%

DENR gets defensive over Duke deal, coal...
WRAL.com
Officials with the state Department of Environment and Natural Resources played defense during an hour-long news conference Wednesday, rebutting...
Updated February 19 - relevance: 48.11%

DENR orders Duke to plug second coal ash...
WRAL.com
State environmental regulators on Tuesday ordered Duke Energy to immediately halt discharges from a leaking stormwater pipe at a shuttered power plant...
Updated February 18 - relevance: 48.09%

Wastewater leaking system meant to repair pond that spilled coal ash
WRAL.com
A system meant to route wastewater away from a coal ash storage pond leaked 1,000 gallons of water into the Dan River, Duke Energy officials reported...
Updated February 13 - relevance: 47.51%

State issues Dan River warnings after coal ash spill
WRAL.com
Ten days after a massive spill of coal ash into the Dan River in Rockingham County, state health officials on Wednesday warned people against swimming...
Updated February 12 - relevance: 47.32%

DENR identifies a third problem in Duke coal ash pond
WRAL.com
The Department of Environment and Natural Resources has asked Duke Energy for assurances that a second pipe leak beneath a coal ash pond at its...
Updated February 16 - relevance: 47.31%

Duke starts dredging river as coal ash deal dumped
WRAL.com
Duke Energy says it plans to begin dredging coal ash out of a North Carolina river as state officials move to scuttle a previously proposed settlement...
Updated February 11 - relevance: 47.3%

Duke Energy apologizes for coal ash...
WRAL.com
Duke Energy says it is diverting the flow of coal ash from reaching a North Carolina river, but the company cannot yet declare the massive spill fully...
Updated February 9 - relevance: 47.12%

McCrory trades words with reporters over...
WRAL.com
A winter storm news conference Friday took a tense turn when reporters pushed Gov. Pat McCrory for details on his response to the recent Dan River...
Updated February 14 - relevance: 47.12%

Geologist: Clean up of coal ash spill...
WRAL.com
Geologist Joe Beaman talks with WRAL about the massive coal ash spill into the Dan River and how crews will work to contain and clean up the damage.
Updated February 7 - relevance: 46.97%

Utility, regulators keep eye on river after coal ash spill
WRAL.com
Four days after tons of toxic coal ash flowed into the Dan River from a defunct Duke Energy power plant, Gov. Pat McCrory and a top lawmaker on...
Updated February 6 - relevance: 46.93%

McCrory, Berger call for action after coal ash spill
WRAL.com
Four days after tons of toxic coal ash flowed into the Dan River from a defunct Duke Energy power plant, Gov. Pat McCrory and a top lawmaker on...
Updated February 7 - relevance: 46.86%

Coal ash spill tainting 2 miles of Dan...
WRAL.com
State and federal environmental officials are continuing their investigations of a spill of coal ash into the Dan River in Rockingham County.
Updated February 5 - relevance: 46.75%

Results of Elon University Poll (March 3, 2014)
WRAL.com
Politicians favorability, gay marriage, legal marijuana, knowledge of coal ash spill
Updated March 3 - relevance: 46.73%

Internal emails show Duke Energy, DENR...
WRAL.com
State environmental regulators and representatives of Duke Energy were in early and frequent contact soon after environmental groups threatened in...
Updated March 13 - relevance: 45.42%

DENR plans to abandon Duke Energy...
WRAL.com
A court case over pollution from Duke Energy coal ash ponds will continue after state environmental regulators withdraw from an agreement that would...
Updated 7:10 p.m. today - relevance: 43.8%

TVA applies for permit for 54-acre landfill
WRAL.com
The Tennessee Valley Authority has filed for a permit to build a 54-acre landfill near Gallatin to store coal ash.
Updated March 14 - relevance: 41.35%

DENR chief, environmental lawyer go toe...
WRAL.com
North Carolina's top environmental regulator and the lawyer for a group that has pressured the state to force the cleanup of dozens of coal ash ponds...
Updated March 2 - relevance: 41.3%

Poll: One in four residents say they don't know about NC coal ash spill
WRAL.com
More than a quarter of North Carolina residents say they know nothing about the massive coal ash spill on the Dan River, according to the most recent...
Updated March 3 - relevance: 40.2%

Order denying motion for stay in Duke Energy case
WRAL.com
Judge Paul Ridgeway denies Dukes motion to put on hold an order that directs the power company to stop toxins leaking from coal ash ponds at its North...
Updated 6:04 p.m. yesterday - relevance: 39.38%

Investigation probes possible links...
WRAL.com
A federal grand jury convened Tuesday as part of a widening criminal investigation triggered by the massive Duke Energy coal ash spill that coated 70...
Updated 6:41 p.m. Tuesday - relevance: 36.7%

The Wrap @NCCapitol (March 21, 2014)
WRAL.com
A poll conducted by WRAL News sheds interesting light on the U.S. Senate race and on voters' take on politicians in general. State environmental...
Updated 7:57 p.m. today - relevance: 36.64%

Expert: Concerns about moving ash ponds 'pure speculation'
WRAL.com
The state's top expert on coal ash ponds says concerns voiced by the McCrory administration about potential environmental damage from excavating leaky...
Updated February 19 - relevance: 36.5%

The Wrap @NCCapitol (March 14, 2014)
WRAL.com
Coal ash and the state's continued problem processing food stamp and Medicaid applications dominate the week's headlines as the campaign season heats...
Updated March 14 - relevance: 36.17%

Subpoena to individual DENR employees
WRAL.com
Federal subpoenas asking individual DENR employees for information related to the coal ash spill.
Updated February 19 - relevance: 35.47%

 

http://www.wral.com/search/?d_since=&d_sort=&d_filter=&d_site=1&qs=coal+ash&d_from=50

 

BREDL: Still ‘Strong’ 30 Years Later

 

Behind Janet Marsh and Lou Zeller is BREDL’s mock nuclear waste cask. The barn contains 23 years of records they’ve used in lawsuits and briefs refuting flawed government research.

 

March 11, 2014. The Blue Ridge Environmental Defense League (BREDL) is celebrating its 30th anniversary this month. This league with many chapters serving communities across the Southeast on a variety of environmental concerns began in the High Country after a group of citizens met to oppose a proposed toxic dumpsite in Ashe County.
A study project that year by St. Mary’s Episcopal Church Women’s Group in West Jefferson led to a public meeting of more than 50 merchants and homemakers, farmers and teachers from Boone and Glendale Springs at the Mission House of the Holy Trinity Church to oppose the high-level nuclear waste dump.
This group of citizens formed BREDL’s first chapter in Watauga in ’86, gathering 20,000 signatures opposing this dump along the way, and 550 letters of protest were sent from several North Carolina counties to state representatives opposing this dump.
With Janet Hoyle Marsh Zeller, as lead strategist, BREDL educated the surrounding communities, governments, schools, churches, civic groups & media on the dangers of radioactive waste storage and waste transport and spoke at many public hearings.

BREDL staff in 1990: Ginny Lindsay, Denise Lee, Janet Marsh and Lou Zeller mug for the camera at a New River Festival.

Watauga-BREDL collected at least 30 resolutions opposing storage and transport of nuclear waste through nearby communities, solid waste, hazardous waste sites & the landfill in Watauga County. Other resolutions promoted a zero-solid WASTE Campaign, energy efficiency, environmental justice, sustainable development and earth stewardship.   The town of Blowing Rock and Town Manager Chris May won top awards in the state for Blowing Rock’s recycling/waste management accomplishments.
ASU geology professors – Dr. Rick Abbot, Loren Reymond and Ray Derrick – evaluated the health, safety and geologic suitability of the Ashe County high-level nuclear waste site. They gave expert testimony at several key public hearings outlining the site’s dangers to community health and its geologic unsuitability.
In late 1986, Ashe County was taken off the list but two sites near Asheville still remained on the final list of 12.
Again, Janet, with impeccable research, studied the Elk River Complex site’s technical data once again and found multiple gaps in the Department of Energy’s knowledge of the site.
A 23-hour public hearing at Madison County High School was held opposing this site. BREDL activist’s spoke on the dangers of groundwater contamination, seismic activity and the accident rates on 40 into Asheville, and Elk River Complex was also removed from the list. Nevada’s Yucca Mountain site, also proven to be geologically unsuitable, is the only U.S. site still under consideration to store waste that will remain deadly hundreds of thousands of years.
Also in 1986, North Carolina was also chosen as the site for a low level radioactive waste compact site which BREDL also opposed for 14 years.

BREDL members at a demonstration against nuclear waste at a rally in Rutherford.

In 1987, unable to solve the nuclear waste-dumping problem, the DOE created the monitored retrievable facility with plans to build it in the Statesville area of Stokes County. This “temporary” storage site would have allowed a high level nuclear waste site to be “parked” up to 100 years!  BREDL hosted a 23 state conference on the dangers of the high level nuclear waste transport, and the monitored retrievable facility was cancelled.
North Carolina citizen opposition to nuclear waste in the state gained momentum as citizen’s became further educated, and the number of BREDL chapters grew.
In Dec 1987, SNUB, the “Sunday Nuclear Boycott” protest was held statewide. Thousands of citizens turned off their lights and “lit a candle as a symbol of opposition to our federal government’s nuclear waste policy.” Years of protests and public hearings helped BREDL and grass roots groups across the state further educate North Carolina citizens on the dangers and unsuitability of the US nuclear waste policy.
In a Feb ’98, a 93 percent of North Carolina voters voted “NO” to a nuclear dump in the state in a referendum. BREDL, with other grassroots groups in the state continued its battle against the low level radioactive waste compact in North Carolina, and 1999 the state legislature WITHDREW NC from the low level radioactive waste compact.
Watauga BREDL Office Opens in 1992 Ahead of Its Time
The Watauga BREDL office opened in 1992, focusing on environmental education, and community outreach, and local teachers created incredible K-6 environmental curriculums with Watauga-BREDL’s help.  Receiving a grant for a computer and printer, Watauga-BREDL created a database of chapters and members and produced and mailed a quarterly newsletter covering about 30 chapters’ news and current environmental issues. With help from ASU’s SAVE & ACT, we created and provided yearly Earth Day activities for churches and civic groups. The office was used for chapter meetings, collating material and networking with the community at large.  Exchange students from Boston University volunteered with us on several issues.
Watauga chapter fundraising raised almost $10,000, which was critical to BREDL, from ‘86 to 93. Over 200 donated art objects, three sold out piano concerts donated by John Ferguson, raffle tickets, buttons, bumper stickers, bake goods and car washes also raised funds and community awareness. Ten Watauga artist’s donated work featured in a BREDL “Mountain Heritage Notecard Collection” and raised around $4,000 with 3 reprints.
1993 Earth Day compact fluorescent light bulbs (CFLs) sales, more buttons, bumper stickers and bake goods raised at least $500 & educated citizen’s on energy efficiency, voluntary simplicity, least cost energy and a movement toward a ‘reduce, reuse, recycle philosophy.
Pediatrician Dr. Bill Horn worked tirelessly to discover the causes of local elevated/rare childhood cancers, excessive local childhood respiratory problems and high incidences of local childhood asthma and helped implement a well study aiming to measure and monitor herbicidal runoff below Christmas trees. The results were inconclusive, however, due to the great amount of rain that fell in our county the year of the study. He spoke at several public hearings on air, water quality and public health issues and was instrumental in having Watauga County removed from a peak generating station in Deep Gap. At the hearing, he cautioned that local children already showed high incidences of cancer, asthma & respiratory disease, and NO MORE POLLUTION was acceptable in Watauga County! This station would have provided peak energy generation for industry & air conditioners DOWN THE MOUNTAIN!
With Janet’s lead BREDL partnered with the Clean Water Fund opposing the Statesville FCX super fund site, opposed NC mega dumps, solid and hazardous waste dumps and BREDL continues to work on these issues. BREDL helped draft the “NC Clean Smoke Stacks Initiative,” educating both the state government and citizens on health issues related to hazardous waste. Incineration has long been a primary focus for BREDL.
Preservation and protection of the New River against pollution & overdevelopment is an ongoing commitment. BREDL’s New River Festivals are great fun but also educate local communities on present issues, and the number of BREDL chapters continued to grow. BREDL also continues to work with the Watauga County landfill aiming at  “O Waste”?
 ’90 to ‘94 Watauga-BREDL Church Activities
Watauga BREDL-NC Sun Shares & NC Interfaith Coalition on Energy distributed enormous amounts of info around energy efficiency to local schools and churches during several years of Earth Day activities.
WNC Episcopal Diocese (56 churches) led by Watauga BREDL passed eight resolutions: opposing both nuclear waste sites, temporary nuke storage in Stokes County and the transport of nuclear waste through our communities. They supported “environmental justice” in decision making at all levels of government, Penobscot Indian rights to safe fishing grounds, land stewardship and the “greening” of all 56 Episcopal churches in the Diocese.  A resolution called for WNC church members to shop responsibly, reduce waste, reuse, recycle, reduce energy and have both home and church energy audits. Watauga-BREDL sent ALL local churches & schools Earth Day education packets for several years.
Watauga-BREDL’s  94’ SAFE FOOD CAMPAIGN protest featured in Safe Food News ’95 magazine winter issue called for safe food for our children. Our petition opposed food irradiation, RBGH in dairy products, genetically engineered foods & the excessive use of pesticides & herbicides in our foods. ASU’s ACT & SAVE groups helped Watauga-BREDL collect 1,100 signatures at our four local food chain stores.  All grocery chains were sent copies of 1,100 signatures with a request for a response. (Wonderful street theatre occurred to as ASU SAVE students dressed as cows, veggies and all manner of critters.)
93’94’ Watauga-BREDL worked on the CLOSE CP&L’s Brunswick I & II nuclear reactors CAMPAIGN. A member spoke at the 4-23-93 public hearing and called for the permanent closure of both reactors. At that time Brunswick I & II were considered by Public Citizen’s Critical Mass to be the 3rd & 5th WORST OVERALL OF US 110 COMMERCIAL REACTORS IN OPERATION. BREDL supported a local whistle blower & local grassroots opposition. At the hearing, BREDLE asked thee NRC & Brunswick questions provided us by the Union of Concerned Scientist. Our questions exposed many dangerous hidden operating issues at both reactors. The NRC & CP&L could not deny these issues!
And under scrutiny and public pressure both reactors remained closed almost two years. Now reopened, they still present a GRAVE DANGER to Wilmington during hurricane season as they can only withstand a Class 4 hurricane. Media coverage by reporter, Frank Maley of the Wilmington New Star, gave the issue excellent coverage the entire 2 year campaign.
1996 Watauga-BREDL sent $8,000 in medical supplies to a Chernobyl Children’s Clinic in response to the health issues 10 years after the Chernobyl disaster. The medical supplies were donated by local doctors, dentists, pharmacies and hospitals.
97’ Watauga-BREDL OPPOSED CONSTRUCTION of a FOOD IRRADIATION PLANT in HILO, Hawaii. Speaking at a public hearing in Hilo, BREDL and the Hawaii Green Party speakers provided important health info on the dangers of food irradiation and irradiation accidents. The plant was built and dozens of radiation accidents have occurred there.
Going Strong 30 Years Later
Now, 30 years later and 120 CHAPTERS STRONG in five states, Janet Hoyle Marsh Zeller, her husband Lou Zeller & BREDL continue responding to communities who are facing environmental justice issues. With impeccable research, they EDUCATE & EMPOWER affected communities who are often poor, rural and communities of color. BREDL then ASSISTS these communities in their battles against their communities selection to “host” facilities that present dangers to the health and safety of their children & their land.
Present issues include:

•  protecting citizen’s against an increased amount of legal arsenic allowed in NC’s air.                          
•  protecting impacted communities in ALabama & Tennessee from the dangers of TVA’s nuclear reactors
•  protecting poor communities against the dangers the Georgia Vogle Reactor & Savannah River Weapons Facility pose to their communities.
•  protecting communities from the dangers of fracking, uranium mining, mega dumps, hazardous, solid, medical, biomass waste & incineration

 BREDL is currently working on the dangers a natural gas pipeline to be completed by 2017 from central Alabama to central Florida pose.
 BREDL announced the filing of a Clean Air Act lawsuit with the US Environmental Protection Agency against the permit for the Richmond County Combustion  Turbine Facility in Hamlet.
In February, BREDL and 33 other organizations petitioned the Nuclear Regulatory Commission to conduct a new environmental impact study that incorporates new and significant information from the agency’s post-Fukushima investigation into the risks of severe accidents in nuclear reactor irradiated fuel pools. We also requested that the NRC should suspend all reactor licensing and re-licensing decisions until the assessment is complete.
For more information on these issues go to www.bredl.org or call 919 982 2691 for Janet Hoyle or Lou Zeller.

Blue Ridge Environmental Defense League

Watch the 3 minute anniversary video for BREDL on our website www.BREDL.org

 and on youtube at http://www.youtube.com/watch?v=HrY43o0y6TU

 

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