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

Lawmakers sit on both sides of the argument about whether lining the coal ash impoundment at the Tennessee Valley Authority’s Kingston, Tennessee, plant would have prevented the massive spill of toxic material onto neighboring homes and property, but legislation is moving through the Tennessee House and Senate that would require such ponds created or expanded in the future to be lined, according to the Times Free Press.

Both the House and the Senate approved the legislation, however the House rewrote the language, requiring the bill to pass back through the Senate for final approval. The bill will not allow laying liners on existing facilities and placing more coal ash on top.

The bill is just one effort by lawmakers to make coal-burning facilities like that in Kingston safer. Last December’s coal ash pond breach dumped more than a billion gallons of coal ash sending a wave as high as 9 feet on to nearby homes and property. Houses were knocked off their foundations, property was damaged, and several residents in the area had little choice but to flee.

Preventing another environmental disaster like the TVA coal ash spill has been on the forefront with legislators, environments and residents alike raising questions about the hundreds of U.S. power plants that produce more than 125 million tons of coal combustion waste each year. Coal ash is currently listed by the Environmental Protection Agency (EPA) as non-hazardous and thus does not fall under strict governmental regulations, says Rhon Jones, Toxic Torts Section Head with Beasley Allen law firm.

As a result of the Kingston coal ash spill, the EPA committed to propose new regulations governing coal combustion waste by the end of 2009. The EPA also committed to act immediately to prevent more spills in the future.

“Hopefully, these actions by EPA and Congress will either increase safety near these facilities, require alternative methods of disposal, or both,” Jones adds.

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