Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

Two small leaks that preceded December’s Kingston, Tennessee coal ash spill by years went largely ignored by the Tennessee Valley Authority, according to Forbes/Associated Press. The spill dumped more than a billion gallons of toxic ash and mud on to 300 acres of a rural east Tennessee neighborhood, pouring into nearby rivers and destroying property and wildlife in its wake. What remains are remnants of dangerous materials including arsenic, lead, chromium, manganese and barium.

In 2003 and 2006, two small leaks occurred at the Kingston plant, which raised the interest of the Tennessee Department of Environment and Conservation. That agency asked TVA to provide more information about the leaks but did not require a new storage system.

A TVA spokesman says the two smaller leaks were not related to December’s pond failure, and in both cases repairs were made to the ponds to stop the slow leaks. A 2008 inspection report of the Kingston ponds indicated that there were no structural problems with the ponds. However, officials say that the report indicated that TVA was irresponsible for not realizing that the previous spills pointed toward a serious stability problem.

Coal ash ponds are not regulated by the Environmental Protection Agency (EPA) because the EPA doesn’t consider the coal ash to be hazardous material. Federal agents oversee coal mines but don’t regulate the burning power plants. Some experts say states have done a poor job of monitoring the coal ash ponds.

Tennessee Gov. Phil Bredesen said he is working to provide stronger oversight of the coal ash ponds in his state. Other states where TVA has coal ash ponds or landfills include Alabama and Kentucky.

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