TVA found in violation of federal Clean Water Act

February 10th, 2009 by Jennifer Walker-Journey

Following the investigation of the Kingston, Tennessee coal ash impoundment that failed and spilled more than a billion gallons of toxic material on to 300 acres of east Tennessee property, the U.S. Environmental Protection Agency (EPA) has found the Tennessee Valley Authority (TVA) in violation of the federal Clean Water Act, according to Knoxville Biz.

In a letter released late last week, EPA regional administrator Stanley wrote that the EPA “considers the Kingston spill to be an un-permitted discharge of pollutant in contravention of the Clean Water Act.” The TVA has been ordered to produce a plan to correct the violation as soon as possible and to keep the EPA in the loop with all its data communication with the state Department of Environment and Conservation (TDEC).

Officials hope that data that already has been turned in to TDEC and future data will help pinpoint the why the impoundment failed last December, pouring 2.2 million pounds of coal ash onto a rural neighborhood. The coal ash contains toxins that could be hazardous to human health, including arsenic, lead, chromium, manganese and barium.

A massive cleanup is currently underway, costing the TVA about $1 million per day. Temporary dams have been built to keep ash that’s flowed into a nearby river at bay, and grass seeds have been planted to keep ash from flying about. Officials have said air and water quality tests from the area near the spill “continue to show no contamination above regulatory levels,” according to the news report.

TDEC says it will hold a meeting soon to bring community members up to date on air and water testing results.

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