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The Emory River in east Tennessee was once an area of water sports and recreation until dangerous coal sludge from the nearby Tennessee Valley Authority (TVA) coal-firing plant spilled from an impoundment pond into the river and onto neighboring property. Now locals are afraid to enjoy the water, which has tested positive for arsenic and other contaminants by the Environmental Protection Agency.
The U.S. Environmental Protection Agency (EPA) will send its first teams of inspectors to coal ash storage areas across the country within weeks, according to Knoxville Business News. The inspections are the first step in developing new coal ash regulations for an industry not currently overseen by federal regulations.
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.
The Tennessee Valley Authority (TVA) has asked a federal judge to dismiss all lawsuits filed against it as a result of the December 22, 2008, coal ash spill at the utility’s Kingston, Tennessee, coal-firing plant, according to the Ledger-Enquirer/Associated Press. The spill occurred when a coal ash impoundment pond failed and dumped more than a billion gallons of toxic material on to 300 acres of a neighboring community and into the Emory River.
Power plants in the U.S. produce more than 125 million tons of coal combustion waste each year, most of which ends up in dry landfills or in above-ground coal slurry pounds. In 2000, the Environmental Protection Agency (EPA) listed that material as non-hazardous and thus it didn’t fall under any strict government regulations.
When the Tennessee Valley Authority (TVA) coal ash impoundment pond burst last December, it did more than dump a billion gallons of toxic material on to peoples’ property and into Emery River where people from all around would fish, boat and swim. It destroyed homes in its wake, and quickly diminished property values. And it created a nuisance not just to those who had to flee the area, but to the ones who stayed who now live with the 20-hour-a-day, continuous cleanup effort by the TVA.
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.
Problems continue to mount for the Tennessee Valley Authority (TVA). This week a federal judge upheld an order handed down in January that the TVA accelerate its billion-dollar program to clean up four of its coal plants in Tennessee and Alabama so the plants could stop polluting the air in North Carolina, according to the Associated Press/Forbes.
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Montgomery, Ala. – Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., has filed a class action suit on behalf of property owners damaged by the Dec. 22, 2008 Tennessee Valley Authority (TVA) spill at the Kingston Fossil Plant. Located 40 miles west of Knoxville, Tenn., the plant released 1.1 billion gallons of toxin-laden sludge into a rural neighborhood when a waste storage pond retaining wall failed. The suit is filed against the TVA, the nation’s largest public utility, over potentially the most significant environmental disaster since the Exxon Valdez oil spill.
Beasley Allen will be working with attorneys Gary Davis and Mary Parker in Tennessee, both of whom have Environmental experience. Beasley Allen has its own Environmental department to handle cases such as this disaster. The firm has handled previous environmental claims including a $700 million settlement with Monsanto/Solutia in Anniston, Ala., over PCB contamination, the largest environmental settlement in American history. More recently, Beasley Allen obtained a $20.7 million verdict against manufacturers of carbon black for nearby property owners, a verdict that was upheld by the United States Supreme Court.
Coal-fired power plants produce coal ash and other toxic waste byproducts. The material is usually stored on site in retention ponds or dams. A failure in the retaining wall, or an overflow, can result in an environmental disaster contaminating surrounding waterways, soil, and wildlife, and endangering human health and life.
There is ongoing debate about how coal ash is stored and regulated. Currently, the U.S. Environmental Protection Agency does not regulate these types of retention ponds or the materials contained in them. Surprisingly, the EPA does not consider the coal ash hazardous material. There is a great deal of debate over whether state regulations are sufficient to regulate these retention ponds, as evidenced by this most recent disaster.
“It is absolutely incredible that there is no real oversight for the storage and safe disposal of this toxic waste,” said Beasley Allen attorney Rhon Jones, who specializes in Environmental issues. “Most of these retention ponds are not lined or reinforced, and it’s inevitable that potentially hazardous material will leak out. They just are not a long-term solution. It’s only a matter of time before the next disaster. These facilities are everywhere – Alabama, Tennessee. Communities are living under a cloud, uncertain of their safety.”
There is a U.S. Senate hearing set for Jan. 8 to review the Tennessee disaster that will include representatives from the TVA and environmental groups. Beasley Allen attorneys have contacted Congressional leaders offering to speak at the hearings, and lawyers from the Beasley Allen team will be present in Washington.
SOURCE: Beasley Allen Law Firm
A report published today by the Birmingham News says the coal ash retaining ponds at two Birmingham-area coal-fired energy plants contain the highest levels of arsenic in the country, ranked and Nos. 2 and 3 on a list compiled by the Environmental Integrity Project (EIP). The study evaluates the amount of ash deposited in on-site ash ponds and landfills from 2000-2006, according to the News report.
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