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

Residents of east Tennessee probably thought little of the Tennessee Valley Authority (TVA) coal-firing plant in Kingston, or the toxic brew of coal ash that had been brimming in an impoundment pond for years. But as residents built homes on property just miles away and fished and boated in the Emory River that snaked nearby, the pond walls were beginning to seep and were showing erosion scarring in some areas.

Yet, an October 2008 inspection deemed the Kingston Fossil Plant structurally sound. And life went on as normal for the residents of Kingston. Until December 22, 2008, when the walls of the impoundment pond broke down and poured 1.1 billion gallons of toxic material on to 300 acres of property and into the Emory River.

“The coal ash spill has both immediate and long-term impacts for Kingston residents whose land and homes have been affected by the spill,” says Rhon Jones, Toxic Torts Section Head with Beasley Allen Law Firm. As the sludge poured out from the impoundment pond as high as nine feet tall in some areas, it destroyed multiple homes and knocked some completely off their foundations. Several homes were left uninhabitable. “Aside from the immediate impacts of losing one’s home and use of property, other impacts include diminished property values and increased health risks,” Jones says.

The toxins found in coal ash include arsenic, lead, chromium, manganese, and barium. According to news reports, potential health problems associated with these toxic substances include cancer, liver damage and neurological complications, among other health problems.

While cleanup efforts are underway, there is little to stop the dust particles that fly into the air as the sludge dries, which is likely to aggravate the problem, Jones adds.

“In a recent public meeting with Kingston residents, health officials warned that the dust associated with the spill will pose an increasing challenge as the slurry dries and spring winds arrive,” he says. The fine particulate matter also is linked to respiratory illness. “There are reports of residents complaining of increased illness already,” Jones says. “A recent survey by the Tennessee Department of Health found that one-third of residents living near the spill reported breathing problems and one-half reported increased stress and anxiety.”

Those dust particles may also pose a threat to individuals living farther away from the spill site. “From diminished property value to loss of recreational opportunities, residents throughout the Kingston area are affected by the spill regardless of whether their property suffered directly,” Jones says. “Property values may be diminished due to the proximity of the spill. Dust particles may blow into surrounding areas as the sludge dries. Clean-up activities will be disruptive to the area, because the enormous task of cleaning up the spill is similar to a massive construction project. Dredging of the Emory River began in March, and crews are working 20 hours a day. The clean-up involves trucking the dredged sludge to a yet determined location, and the truck traffic not only will be noisy but also has the potential to spread dust along the travel route.”

Recreational opportunities may be lost due to the dredging activities, because fishing, swimming, and other recreation near the site are no longer appealing, he adds. “The impact of the spill will be long-lasting and the entire community will be affected either directly or indirectly.”

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