Their complaints seem to have fallen on deaf ears as train car loads of coal ash continue to be shipped into Alabama. But Wathen is speaking out. His letter to the EPA documents serious environmental health threats at the Arrowhead Landfill. Here is what Wathen contends:

• Dangerously high arsenic levels have been found in what’s described as “stinking gray/tannish waste” being pumped nightly from the landfill. Wathen tested the leachate from an on-site pump and found levels of arsenic that was 80 greater than the U.S. safe drinking water standard and far higher than what is considered safe for aquatic life.
• The arsenic-tainted waste runs in the landfill’s roadside ditches at levels that have exceeded safe drinking water limits. This water leads to private land where farm animals drink from surface water.
• An excessive amount of wet material is being dumped into the landfill, threatening the protective liner.
• Contaminated coal ash is falling from overloaded, uncovered trucks and spilling along the road. This contaminates the road in which the trucks travel. Untreated water there currently in flows into the Tayloe Creek. Some worry that when the weather dries out, the residue could become airborne.
• When the train cars hauling coal ash to the landfill are washed off, the runoff is allowed to flow into Tayloe Creek’s drainage basin, raising the same concerns.

Source: The Institute for Southern Studies, Facing South

SOURCE: Coal Ash Spill › Activist documents coal ash dangers in letter to EPA

As part of the oversight, TVA is required to perform a comprehensive cleanup from the Emory River and surrounding areas. The utility’s work will be subject to review and approval by the EPA, which will consult with the Tennessee Department of Environment and Conservation (TDEC). Any remaining contamination will be assessed and determination will be made whether additional actions are needed.

The agreement was reached under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, or Superfund law, which gives the EPA the authority to step in and force responsible parties to take action at hazardous waste sites and ensure community involvement.

Residents near the damaged spill site say they see the move as positive. “I just don’t think the TVA has the know-how to do this work,” one resident said to WBIR-TV. “It’ll be better with the EPA taking over. I think they’ll do the right thing.”

“TDEC welcomes EPA’s action and the continued collaborative partnership between our agencies,” said TDEC Deputy Commissioner Paul Sloan. “This successful partnership is vital to the cleanup of the TVA ash spill and we will continue to work with EPA to ensure the cleanup in Roane County is thorough and protective of both public health and the environment.”

Source:
EPA

SOURCE: Coal Ash Spill › EPA to oversee TVA’s coal ash cleanup efforts

More than a billion gallons of coal ash sludge spilled over 300 acres of community property and into the Emory River last December after a coal ash impoundment pond at the TVA’s Kingston, Tennessee coal-burning plant failed. Coal ash contains dangerous toxins such as arsenic and lead which can lead to serious health concerns such as cancer, liver damage and neurological disorders.

Since the spill, the TVA has undergone a $1 million a day cleanup effort that is expected to ring in between $525 million and $825 million. TVA has vowed to restore the land to as good, if not better, than new.

However, residents are skeptical. Many have complained of breathing problems and at least one young child has tested positive for heavy metal in his blood. Environmental Protection Agency (EPA) tests of water near a drinking water treatment plant the day after the spill showed alarming amounts of arsenic – 149 times higher than allowed by federal drinking water standards.

While the government is claiming that water treatment facilities can effectively filter tap water for toxins, some residents say that they have noticed a gray film in their tap water and have experienced a burning sensation on their skin and in their eyes after taking a shower.

SOURCE: Coal Ash Spill › Drinking water may be contaminated by coal ash spill

This is the sixth federal lawsuit filed against the TVA as a result of the utility’s coal ash pond breach last December that flooded an east Tennessee community with more than a billion gallons of coal ash sludge. Not only did the massive spill destroy houses and damage property, it also poured into the neighboring Emory River. Coal ash contains toxic material such as arsenic, lead, barium, manganese and chromium, which can be harmful to human health.

This latest lawsuit against the utility claims the TVA “submitted a vague, misleading and piecemeal environmental assessment and remediation plan which, in significant places, massaged the data and blatantly removed to avoid real and appropriate vigorous scrutiny.”

The TVA claims that it has been open about its cleanup efforts by posting updates on its Web site. A U.S. magistrate judge has set a hearing on the issue for April 29th.

SOURCE: Coal Ash Spill › Residents ask judge to halt TVA’s cleanup efforts

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.

SOURCE: Coal Ash Spill › TVA found in violation of federal Clean Water Act

Exposure to arsenic and radium can have cause serious health issues in humans, including cancer, liver damage and neurological complications.

The Tennessee Department of Environment and Conservation (TDEC) is overseeing the cleanup, with assistance from the Tennessee Department of Health and the U.S. Environmental Protection Agency. Efforts costing $1 million a day include vacuuming ash particles from the river and inlets, building temporary dams to hold back the flow, and dusting the area with more than 80 tons of grass seed to keep the ash from flying in the wind, according to the report.

A spokesperson with TDEC told AP that the agencies are working together to ensure the area is appropriately cleaned for the long-term protection of both the community and the environment. She was quoted: “We have stated throughout this process that coal ash does contain small amounts of some contaminants that could be harmful to human health under certain conditions, primarily ingestion and inhalation. From the point TDEC was initially notified of the ash release, the department recognized the potential inhalation hazard presented by the ash and acted to protect local public health.”

Because trace amounts of toxins were found miles downstream, state and federal agencies will continue to monitor the water and air to ensure that drinking water and air quality remains safe.

SOURCE: Coal Ash Spill › Scientists confirm sludge contains arsenic, radium

The first blow to animals in the area came when the spill occurred. Animals that were caught in the spill’s wake died from strangulation or from being buried in the sludge and ash. Stephen Smith, veterinarian and director of the Southern Alliance for Clean Energy, says the animals that remain are not safe. Fish who swam to fresher water to escape the spill have ash coating their stomachs and gills. The damage isn’t just occurring in aquatic specials like fish, mussels and snails. River otters, mink, muskrat, ospreys and block-crowned night herons may also be at risk.

As wildlife in the area continue to live off the contaminated land, toxins can build up in their blood stream over the coming months and years. If the animals are contaminated, those dangerous toxins may eventually work their way to humans through the food chain.

The Tennessee Wildlife Resources Agency and the U.S. Fish and Wildlife Service will continue to monitor and assess how the spill is affecting animals there over the next three to five years. As a precaution, the Tennessee Department of Environment and Conservation has issued an advisory against eating striped bass caught in rivers around the spill zone, and precautionary advisory for catfish and sauger.

SOURCE: Coal Ash Spill › Spill’s long term effects a concern for wildlife

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

COMPLAINT:Official class action complaint filed in TVA case

SOURCE: Coal Ash Spill › Beasley Allen files coal ash spill class action lawsuit on behalf of residents and property owners affected