According to a news report by the Associated Press, “The Environmental Protection Agency has described the spill as’ ‘one of the worst environmental disasters of its kind.’” To put things in perspective with another recent environmental catastrophe, the BP oil spill released about 206 million gallons of oil into the Gulf of Mexico over the course of nearly five months. The TVA coal ash spill released more than a billion gallons of toxic sludge over 300 acres in East Tennessee within the course of minutes.

The cleanup efforts, which have been ongoing since the spill and are expected to cost around $1.2 billion, include the removal of more than 3.5 million cubic yards of ash and sediment from the Emory River, providing funding for a community betterment foundation for Roane County, and providing health screenings to affected residents. Coal ash contains such toxins as arsenic, lead, mercury and other heavy metals.

Beasley Allen attorneys are working with counsel for Plaintiffs in the other four lawsuits that have been consolidated for this bench trial. The litigation involves more than 230 Plaintiffs.

“After nearly three years, the residents and property owners affected by the coal ash spill are now getting their chance to hold TVA accountable for the destruction of their very way of life,” Beasley Allen lawyer David Byrne says.

TVA continues to argue that it is not liable for the spill, and according to the AP report says that “under Tennessee law it has no legal duty to keep its reservoirs and shorelines safe for the plaintiffs’ recreational use and enjoyment.”

Parties will make opening arguments and testimony will begin on Monday.

SOURCE: Coal Ash Spill › Trial underway to determine liability in TVA coal ash spill litigation

The residents of Kingston, Tenn., know the scenario well by now. It’s been 14 months since an impoundment pond at the Tennessee Valley Authority (TVA) coal-burning plant breached, sending a wave of toxic material over 300 acres and into the Emory River. The sludge, piled as high as nine feet in some areas, knocked houses from their foundations, damaged once-pristine property, and contaminated the Emory River, an area once known for its water recreation. Coal ash contains dangerous toxins that have been found to cause serious health problems such as liver damage, neurological problems and cancer. Many in the area have complained of heightened anxiety and breathing problems. Some, including a small child, have tested positive for heavy metal in their blood.

The land may never be completely restored. The residue left behind can still affect wildlife and plants. The TVA is working around-the-clock on what is expected to be a three-year, $1 billion cleanup effort. That cost does not include what the nation’s largest utility is likely to pay in lawsuits against it because of the spill.

The sad fact is that the coal ash spill could have been prevented if the TVA had simply heeded the warnings from engineers who raised concerns of the impoundment pond’s structural integrity just months before the spill.

It’s an all too familiar scenario. Just last year BP suggested that an accident leading to a massive crude oil spill was all but impossible. Yet, it happened. The blowout from a riser pipe a mile below the water’s surface is pouring at least 200,000 gallons of oil into the ocean every day. The spill is so large it is expected to be much bigger than the Exxon Valdez disaster, in which 11 million gallons poured into the Prince William Sound off the coast of Alaska. The ecological and economic effects could be devastating to an area still recovering from Hurricane Katrina.

Only time will tell how much damage it will cause or how long it will take for the land, the wildlife, and the businesses that rely on it to be restored. Perhaps it’s time these companies learn a lesson and focus on preventing such disasters rather than waiting until they happen to address them.

SOURCE: Coal Ash Spill › Gulf coast oil spill reminiscent of coal ash disaster

The nation’s largest utility is also holding out hope that insurance will cover the cost of the spill, lessening the impact on its rate payers. Before insurances will commit, the TVA must first lay out detailed plans on how it plans to cleanup and restore the land it damaged, and rationalize the cost.

“We have to come up with those plans; we have to then submit to the insurance companies what those plans are and what the costs are, and then they will come back and set a time when they can sit down and discuss that insurance with us,” TVA spokesperson Barbara Martocci told Nashville Public Radio.

The cleanup effort could take as much as three years to complete. It involves dredging the Emory River as well as removing the coal ash on land that built up as high as nine feet in some areas. As part of the cleanup, the TVA also purchased more than a dozen homes that had been damaged in the spill. The utility is also facing numerous lawsuits from people and businesses who lost property.

TVA officials say they hope to start discussions with insurance companies in the next few months.

SOURCE: Coal Ash Spill › TVA customers footing bill for coal ash spill

The company agrees the groundwater is polluted, but says it is not responsible for the contamination. “San Juan Coal Company is confident that allegations of water contamination as a result of coal combustion by-product (CCB ) placement at the San Juan Mine are incorrect and are not supported by water monitoring data,” Charles Roybal, senior counsel for the coal company’s parent company, BHP Billiton, told The Independent.

Skirting responsibility for such environmental disasters is not uncommon among coal-firing plants. Last year, a coal ash impoundment pond at the Tennessee Valley Authority (TVA) Kingston, Tenn., plant breached, sending a wave of toxic material onto 300 acres of a rural community. The massive 1.1 billion gallon spill is listed as one of the largest – if not the largest – environmental disaster in U.S. history.

The TVA is engaged in a 3-year, $1 billion cleanup of the land in Tennessee, but critics worry the world’s largest utility could avoid many of the fines and penalties because a Department of Justice position on the issue shelters the agency from civil penalties in suits brought by citizen groups under some federal environmental statues.

Perhaps San Juan Mine is looking for the same “out.”

SOURCE: Coal Ash Spill › Environmentalists to sue NM coal mine for contaminating groundwater

“There is a lot of scientific uncertainty in this case, as there are in many environmental cases,” Button said in an interview with KnoxNews.com.

Last year, more than a billion gallons of coal ash spilled from an impoundment pond at the Kingston, Tenn., fossil fuel plant and covered about 300 acres of a nearby community. The spill knocked homes off their foundations, damaged property and contaminated nearby waterways. The TVA has been involved in what it anticipates to be a three-year, billion dollar cleanup effort to restore the land, but environmentalists say the damage is not as easy to repair.

To date, 14 lawsuits – some of them class actions – have been filed against the TVA by residents and businesses who lost property or have been injured by the spill. Coal ash, a product of coal-firing plants, contains dangerous toxins that have been linked to serious health conditions such as cancer, liver damage and neurological problems. Some residents in the area have experienced heightened anxiety and breathing problems. Some, including a young child, have tested positive for heavy metals in their blood.

Whether the TVA will actually pay its due for the damages it caused is still in question. “TVA, like all federal agencies, and consistent with the Department of Justice’s position on the issue, is not subject to civil penalties in suits brought by citizen groups under some federal environmental statutes,” says TVA spokeswoman Barbara Martocci. “It would take legislation to change this.”

Button says all hope isn’t lost, that claiming sovereign immunity isn’t a guarantee of protection for the TVA, adding that the U.S. Army Corps of engineers was sued following Hurricane Katrina.

SOURCE: Coal Ash Spill › TVA claims protection as coal ash lawsuits mount

Since the massive spill, called one of the largest environmental disasters in the country, the Tennessee Valley Authority (TVA) has been undergoing an expected three-year, $1 billion cleanup effort of the land. Part of that cleanup involves recovering the spilled ash from the Emory River and loading it on to train cars to be dumped in landfills in other states and counties. Alabama’s Perry County was the first recipient.

Perry County is predominantly black and home to some of Alabama’s poorest citizens. Many are fuming at the local government’s decision to store the coal ash there and worry that the toxic material may seep into the soil and contaminate ground water. Coal ash contains dangerous toxins that have been linked to serious health issues such as cancer, liver damage and neurological problems.

But proponents of the coal ash dumping plan say the benefits out weigh the risks. The county is reaping a $1.05 per ton fee on the storage, which amounts to more than $1 million for the area. Plus, more than 50 jobs have been generated in the community.

Despite the benefits, residents like Holmes say the landfill has changed the community she grew up in. “Everybody was happy and we looked out for each other as we still do,” she said, “but we never had nothing like this.”

SOURCE: Coal Ash Spill › Resident upset about county’s decision to store recovered coal ash

The last thing residents want is for the public to view that mess at will, even while the Tennessee Valley Authority (TVA) undergoes a years-long, $1.2 billion cleanup of the mess it made. Those residents this week applauded a decision made by the TVA to keep an overlook area closed to the general public. Instead, the area will remain behind a locked gate and only be used for scheduled tours, visits by members of Congress and their staffs, other public officials, and the media.

“I am pleased that the TVA has taken into account the thoughts and wishes of the community this ash spill has affected and stopped plans for a public overlook,” says Randy Ellis, who serves on a community advisory panel.

While praised by some, the TVA’s announcement brought criticism from other residents, saying the TVA’s plan to make the overlook a public viewing area was never announced in the first place, says Roane County Executive Mike Farmer. He says he found out about the initial plans through word-of-mouth. “That is indicative of the issue we’ve had all long – a lack of communication between TVA and the county,” he says.

While he appreciates the nation’s largest utility’s willingness to be more transparent, “I really don’t want to draw neon signs to (the disaster),” he adds. “At least they’re working with us a little bit.”

Source: Knox News

SOURCE: Coal Ash Spill › TVA keeps overlook of coal ash spill site closed to general public

Toxic coal ash

“If coal ash poses an unacceptable level of risk, inconsistent state standards should be immediately replaced with national guidelines that would put the safety of the people in one community on the same level as families living in another,” said Rep. Artur Davis, D-Birmingham, in a letter to EPA Administrator Lisa Jackson and circulated around the House of Representatives.

Coal ash is not considered a hazardous material, and thus does not fall under federal regulation. However, improvements in coal ash burning facilities over the decades have made the smoke released into the air much cleaner. Those toxins instead settle in the coal ash left behind. Tests show that coal ash can contain dangerous levels of arsenic, lead, chromium, manganese and barium – toxins that have linked to serious health issues such as cancer, liver damage and neurological complications. That toxic ash is stored in dry or wet landfills throughout the country.

A December 2008 coal ash impoundment breach at a Tennessee Valley Authority (TVA) plant brought the question of the safety of coal ash into the spotlight. Last year’s coal ash spill dumped more than a billion gallons of coal ash on to a neighboring community, knocking houses off their foundations, destroying property, and contaminating nearby waterways. Environmentalists called it the largest environmental disaster of its kind in U.S. history. The TVA began an estimated three-year, $1 billion cleanup of the area, which includes relocating the recovered coal ash to landfills in other counties and states. The first shipments of recovered coal ash have already been shipped by railcar to a landfill in Perry County, Alabama.

Storing the recovered coal ash in Perry County will generate about $3 million in storage fees and bring in about 30 jobs to the poverty-stricken, predominantly black county, which some local officials consider a boon. But people who live and work there say they fear they are sitting on a time bomb that could one day destroy their property and livelihoods.

Earlier this year, Davis met with residents of Perry County who voiced their concerns, asking if there are any guarantees that the dangerous toxins will leach into drinking water or create any health problems now or in the future. Davis’ letter to the EPA aims to address those concerns and move forward EPA efforts to establish federal safety standards that are balanced among all states.

Source: Selma Times Journal

SOURCE: Coal Ash Spill › Rep. Davis fights for people of Perry County in coal ash debate

The county will reap about $8 million over three years from fees. The project will also help improve the mine where the coal ash will be stored and bring road improvements so that covered trucks can haul the coal ash up the mountain to the landfill. What could be wrong with such a plan?

Plenty, say residents who live near the landfill. “I’ve been here for about three years. It’s just a beautiful place. It’s waterfalls, ponds, nature,” says David Brundage, owner of Black Cat Lodge, a rehabilitation escape for people recovering from drug and alcohol addictions. “My concern is everything I’ve built, everything I have here is going to be gone.”

It’s a valid concern. People who lived in the east Tennessee community of Kingston know far too well what can happen in a worse-case scenario. Residents there lost homes and property when 1.1 billion gallons of toxic coal ash tumbled from an impoundment pond from the nearby Tennessee Valley Authority (TVA) coal-burning site. The December 2008 tragedy is listed as the largest environmental disaster of its kind in U.S. history. In an effort to restore the land, TVA is undergoing a three-year, $1 billion cleanup of the land. As part of the cleanup, gallons of recovered coal ash are being shipped via train car to a landfill in Perry County, Alabama, for storage, a move that is winning more support from Perry County officials than from the residents who live there.

Once the Alabama landfill is filled to its brim, TVA officials plan to load up covered trucks and move the toxic coal ash to neighboring Cumberland County, atop Smith Mountain. Which begs the question: how do you define a good neighbor?

Source: News Channel 5

SOURCE: Coal Ash Spill › Cumberland residents say ‘no;’ officials say ‘yes’ to coal ash

About 500 people have been working almost nonstop to fill Norfolk Southern train cars with recovered toxic sludge and transport them to a landfill in Alabama. Judging by the vast stretches of gray on the ground, the end is far from sight. But TVA officials vow they will restore the land to its previous condition. Still, residents are skeptical.

Coal ash contains dangerous toxins such as arsenic, lead, chromium, manganese and barium, which have been linked to serious health concerns such as cancer, liver damage and neurological complications, to name a few. Many residents in the area have complained of respiratory issues and heightened anxiety. Some, including a young child, have tested positive for heavy metal in their blood.

While removing the ash may make the land appear good as new, environmentalists fear that the damage is a deeper problem, that toxins have seeped into the ground and waterways, affecting wildlife and plant life, which ultimately will create more problems for those who go back to live on the land.

Source: KnoxNews

SOURCE: Coal Ash Spill › Coal ash cleanup still months, years away from completion

Roane County, Tenn.

TVA is engaged in a near $1 billion cleanup of the land and said it would also give money to the county to help improve its infrastructure as well as fund projects and campaigns to improve the area’s public image.

The spill has been called one of – if not the – largest environmental disasters in U.S. history. Coal ash contains dangerous toxins, such as arsenic, lead, chromium, manganese and barium, which have been linked to serious health conditions including cancer, liver damage and neurological complications.

Since the coal ash spill, residents have been displaced, water recreation activities have halted, and property values have plummeted. Some residents have reported heightened anxiety and respiratory problems. And some, including at least one young child, have tested positive for metals in their bloodstream.

A committee began Wednesday prioritizing projects and divvying up the money the TVA announced Monday it would give. Kingston’s wastewater treatment will double in size, thanks to a $5 million allocation; $1.7 million will be used to convert Harriman’s Princess Theater into a regional arts education center; and $32,000 has been allocated to pave the entrance to the county industrial park.

Source: Rocky Mountain Telegraph

SOURCE: Coal Ash Spill › Roane County divvies up TVA money to rebuild community after coal ash spill

Roane County, Tenn

“We are not trying to take advantage of anything. We didn’t ask for this. We didn’t go out looking for it. We are not ambulance chasers,” Kingston Mayor Troy Beets told the Associated Press. “We are trying to recover from a hit in the mouth.”

The TVA said it would consider local governments’ request for compensation. Local officials have drafted two options, one of which includes upgrades to water lines, sewer lines and schools, construction of nature trails, and a big public relations campaign that could total as much as $40 million. The nation’s largest utility also faces mounting lawsuits from residents who lost property or suffered injury from the spill.

“How do you recover (from such a huge environmental disaster)?” Roane County Mayor Mike Farmer said to AP. “You do something to make people forget about what today’s news story is — some wonderful announcement that says we are working on a wonderful new Roane County with a new school, new ball fields and a new senior center.”

The TVA is expected to announce this week how much it will pay to compensate the county.

SOURCE: Coal Ash Spill › County asks TVA for millions to clean up tattered image after coal ash spill

The TVA has pulled together an advisory panel to put together an Integrated Resource Plan that will set the course for the utility for the next several years. But some are skeptical that consumers’ interests will be considered, arguing that the advisory panel is stacked with industry and large electricity users and advocates of nuclear power. Few consumers and conservation-minded individuals have a voice in the group.

Furthermore, the panel does not plan to allow the public to listen to the meetings, nor will it provide notes of the meetings. “At the end of the day, we know our interest will not have a fair hearing,” says Louise Gorenflo with the Solar Valley Coalition. The Solar Valley Coalition is a network of sustainable energy advocates across Tennessee, originally founded in January 2007 to respond to the TVA’s Draft Strategic Plan, which had omitted the words “energy efficiency,” “energy conservation,” and “renewable energy.”

Last December, more than a billion gallons of toxic coal ash broke free from an impoundment pond at the TVA’s Kingston plant and poured onto a neighboring community. The sludge knocked houses off their foundations, flooded property and oozed into the nearby Emory River. Called one of the largest environmental disasters in the country, the massive coal ash spill will likely cost the TVA more than a $1 billion in clean up efforts and payments to those who suffered property loss or are suffering from health concerns from inhalation of fly ash.

This week’s TVA board agenda includes a possible rate change to help offset the utility’s costs.

Source: Tennessean

SOURCE: Coal Ash Spill › Will TVA consumers’ voices fall on deaf ears?

To make matters worse, the “tsunami” of fly ash that poured down the river after heavy rains last month exacerbated Lisa’s auto-immune disorder. In short, the environmental disaster has made a disaster of the life they once had in Kingston.

It’s not much better for Gary Topmiller and his family, who live across from the spill site. “We started getting sick as soon as this happened,” he said. “We just keep getting sick … We’re tired of being sick.”

Residents affected by the TVA coal ash spill spoke to U.S. Rep. Eddie Bernice Johnson of Texas, who came to Roane County last weekend to hear first-hand what residents were suffering through. Johnson heads the House Subcommittee on Water Resources and Environment, which has oversight of the TVA.

“This is a bit more serious than we anticipated,” Johnson said. “We didn’t know the frustration is at this level. I think we now have a real good understanding of how the community is being affected. I feel like the reports we’ve gotten have been incomplete. I will give you my commitment that we will look into what we heard today.”

Source: Knox News

SOURCE: Coal Ash Spill › Congressional subcommittee chair hears complaints of coal ash victims

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.

SOURCE: Coal Ash Spill › Lawmakers, EPA search for methods to prevent future coal ash spills

Since the spill, the TVA has spent a reported $1 million a day to clean up the mess, estimating its total cleanup cost to ring in between $525 million and $825 million. Clean up efforts include building temporary dams to stop the flow in neighboring waterways, dusting grass seed on dry land to keep the fly ash at bay, and, most recently, dredging the nearby Emory River. The TVA has vowed to restore the land to its previous condition, though affected property owners and environmental groups remain skeptical.

Last month, a smaller spill occurred when a pipeline at a coal-burning plant ruptured, leaking 4,000 gallons of coal ash into the Potomac River and fanning the flames of concern from lawmakers of the safety and lack of federal regulation of coal ash impoundments.

TVA president and CEO Tom Kilgore, Congressman Lincoln Davis and representatives from the Environmental Protection Agency (EPA) are among those who testified to members of the House subcommittee on Water Resources and Environment as part of the committee’s investigation into why such spills occurred.

SOURCE: Coal Ash Spill › Congressional committee to ask ‘why’ coal ash spills occur

The coal ash spill is being touted as the worst environmental disaster in TVA’s history. Not only were homes destroyed and property damaged by the massive outpour, the material that was dumped on to the land and flowed into the river contains dangerous toxins that could pose a possible health hazard not only to animals and plants in the area, but also to humans.

A massive cleanup is underway, ringing in at about $1 million per day. Estimates on the total cost of the cleanup could be as high as $825 million. Some environmentalists say it is almost impossible to completely rid the area of toxins, suggesting the spill site be converted to an independent educational and research center. However, TVA officials say they would rather continue to follow the cleanup plan rather than consider turning the damaged land into a research site.

While the proposed legislation is a step in the right direction, activists say it doesn’t solve the whole problem. “The issue of keen importance is fly ash needs to be regulated at the federal level as a hazardous waste,” said Sarah McCoin, a member of the newly formed Tennessee Coal Ash Survivors Network.

SOURCE: Coal Ash Spill › Congressional committee considers regulating coal ash ponds, landfills

The massive spill is considered one of the worst environmental disasters, destroying homes and damaging property. The toll on wildlife, plant life and, ultimately, human life, is yet to be determined. Cleanup efforts are expected to cost TVA between $525 million and $825 million depending on how many times the waste will have to be moved and how fast crews can dredge the Emory River.

How the utility will pay for cleaning up the mess is yet to be determined. TVA officials say insurance should cover some of the mounting costs, but other options may also need to be considered, such as disposing of assets, using debt and raising power rates. The latter option likely will come with some criticism.

Last fall the utility’s board approved a 20 percent electric rate hike – the highest in almost 20 years – due to escalating fuel costs. As a small tradeoff, TVA lowered its fuel charge by 6 percent in January and said it will cut another 7 percent effective April 1, resulting in a savings of about $4 to $9 in TVA residential customers’ power bills.

TVA provides electricity to about 8.8 million million customers in Tennessee and parts of Mississippi, Alabama, Kentucky, Georgia, North Carolina and Virginia, according to the report.

SOURCE: Coal Ash Spill › Will customers have to pay for TVA’s coal ash disaster?

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

The EIP released the report, titled “Disaster in Waiting: Toxic Coal Ash Disposal in Impoundments at Power Plants” yesterday. The report says U.S. Environmental Protection Agency data shows power plants are disposing of high volumes of toxic metals in open lagoons.

There is a lot of attention on this issue now, following a December 22, 2008 disaster when the retaining wall at a coal-fired electric plant in Kingston, Tennessee, failed, dumping more than 1 billion gallons of toxic coal ash and other waste over 300 acres in East Tennessee. The event is being called the worst environmental disaster since the Exxon Valdez oil spill.

But the Tennessee disaster is just the tip of the iceberg. In addition to its official report, which listed Birmingham-area facilities Gaston Steam Plant in Shelby County and Gorgas Steam Plant in Walker County at No. 2 and 3, the EIP issued a press release stating that other toxic coal pollution dumps around the United States pose a greater potential danger than the Tennessee coal ash spill disaster site.

According to the release, at least 13 states have three or more under-regulated “wet dumps” on the “Worst Of” list for toxic chemicals. One coal pollution dump in Orlando, Fla., is reported to have TEN TIMES more arsenic than the Tennesee disaster site.

The release says the Tennessee facility was found on five of the six toxic chemical lists for the 50 worst coal-fired power plant pollution “wet dumps.”

EIP evaluations were based on industry-reported data collected by the EPA Toxic Reporting Inventory (TRI) data system for 2000-2006. EIP looked at the presence of arsenic, chromium, lead, nickel, selenium and thallium in the waste at Tennessee-style pollution dumping sites across the nation.

Eric Schaeffer, director of the Environmental Integrity Project, says, “The Tennessee eco-disaster has cast a spotlight on what is a very serious national problem – the existence of under-regulated toxic pollution coal dump sites near coal-fired pwoer plants that pose a serious threat to drinking water supplies, rivers and streams.” He said the Tennessee disaster is a warning sign of more trouble to come.

The EIP is a nonpartisan, nonprofit organization established in March 2002 by former EPA enforcement attorneys to advocate for more effective enforcement of environmental laws. Read the full news release and official report:

EIP News Release

EIP Report: Disaster in Waiting

SOURCE: Coal Ash Spill › Ash ponds at two Birmingham coal facilities top list for arsenic

MONTGOMERY, ALA. – Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., is currently evaluating claims on behalf of property owners affected by a devastating coal ash spill in Tennessee. The disaster spilled thousands of pounds of coal ash and toxic waste across more than 300 acres. The event occurred when an earthen retaining wall at the Kingston Fossil Plant failed, creating one of the largest coal fly ash spills in the United States. The plant is located 40 miles west of Knoxville, Tenn.

Coal-fired power plants produce coal ash and other toxic waste byproducts. The waste contains such heavy metals as arsenic, lead, barium, chromium and manganese, which have been shown to cause cancer, liver damage, and neurological complications. The material is usually stored on site at the energy-production facilities in retention ponds or dams. A failure in the dam’s retaining wall, or an overflow, can result in an environmental disaster contaminating surrounding waterways, soil, and wildlife, and endangering human health and life.

There are coal ash retention ponds at nine locations in Alabama, including six coal-fired steam plants operated by Alabama Power Company. The Tennessee Valley Authority (T.V.A.), which operates the Tennessee plant that failed, also has two coal-fired plants in north Alabama that have ash retention ponds; and PowerSouth Energy Cooperative has a coal ash pond at Lowman Power Plant in southwest Alabama.

“Given that the Tennessee Valley Authority has similar ponds at its two coal-fired plants in Alabama, we hope that they are making certain that those ponds are sound so that we will not have another tragedy like the one at TVA’s Kingston Steam Plant,” said Rhon Jones, an attorney with Beasley Allen who specializes in Environmental law. “Residents and property owners near all nine coal ash retention ponds in Alabama are counting on these ponds to be safe and secure. No property owner should have to go through the disaster facing those persons in Tennessee near the Kingston Steam Plant.”

According to Alabama’s Department of Environmental Management, all nine coal-fired power plants in Alabama were inspected following the Tennessee disaster, and all passed inspection with no problems. However, there is some debate about how coal ash is stored and regulated. 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. For the greatest protection to the public, we recommend coal ash should be buried in lined landfills rather than retention ponds or dams, to prevent it from leaking out and contaminating waterways, groundwater and soil.

SOURCE: Beasley Allen Press Release

SOURCE: Coal Ash Spill › Beasley Allen evaluating claims resulting from Tennessee coal-ash spill disaster, eyeing safety of Alabama plants

A coal ash spill in eastern Tennessee that experts were already calling the largest environmental disaster of its kind in the United States is more than three times as large as initially estimated, according to an updated survey by the Tennessee Valley Authority.

Officials at the authority initially said that about 1.7 million cubic yards of wet coal ash had spilled when the earthen retaining wall of an ash pond at the Kingston Fossil Plant, about 40 miles west of Knoxville, gave way on Monday. But on Thursday they released the results of an aerial survey that showed the actual amount was 5.4 million cubic yards, or enough to flood more than 3,000 acres one foot deep.

The amount now said to have been spilled is larger than the amount the authority initially said was in the pond, 2.6 million cubic yards.

A test of river water near the spill showed elevated levels of lead and thallium, which can cause birth defects and nervous and reproductive system disorders, said John Moulton, a spokesman for the T.V.A., which owns the electrical generating plant, one of the authority’s largest.

Mr. Moulton said Friday that the levels exceeded safety limits for drinking water, but that both metals were filtered out by water treatment processes.

Mercury and arsenic, he said, were “barely detectable” in the samples.

The ash pond was adjacent to the Emory River and near a residential area, where three houses were destroyed by the tide of muddy ash. Water sampled several miles downstream from the spill was safe to drink, but its iron and manganese content exceeded the secondary drinking water standards set by the Environmental Protection Agency, which govern taste and odor but not potential health effects, Mr. Moulton said.

Neither the authority nor the E.P.A. has released the results of tests of soil or the ash itself. Authority officials have said that the ash is not harmful, and the authority has not warned residents of potential dangers, though federal studies show that coal ash can contain dangerous levels of heavy metals and carcinogens.

“You’re not going to be endangered by touching the ash material,” said Barbara Martocci, a spokeswoman for the T.V.A. “You’d have to eat it. You have to get it in your body.”

The Tennessee Department of Environment and Conservation also released a statement saying there was no indication of risk unless the ash was ingested.

But residents like Deanna Copeland were thinking further into the future.

“Our concern is, what happens if this liquid dries out?” Ms. Copeland said. “There are huge health concerns. It’s going to get in our house. We’re going to breathe it in. It would be like walking through a dust bowl, and we don’t know what’s in the dust.”

A round-the-clock cleanup effort continued on Friday, much of it clearing roads and railway tracks that were blocked by the sludge. Several booms, or skimmers, were installed on nearby rivers to catch floating cenospheres, a valuable component of the ash used to make bowling balls and other manufactured goods. A weir, or underwater dam, that would keep settled ash from moving downstream was about one-fifth completed, T.V.A. officials said.

Some nearby residents said that the authority had done little to address their concerns.

“We’re terribly frustrated,” said Donald Smith, 58, a laboratory facilities manager who lives in the affected area. “It seems like T.V.A. is just throwing darts at the problem, and they don’t have a clue how to really fix it.

“It was nice that they came by to talk to us. They’re making an effort. But what upsets me is they didn’t have a plan in place. Why hadn’t anybody thought, ‘What happens if this thing bursts?’ ”

Residents said they were stunned by the new figure for the size of the spill.

“That’s scary to know that they can be off by that much,” said Angela Spurgeon, whose dock and yard are swamped with ash. “I don’t think it was intentional, but it upsets me to know that a number was given of what the pond could hold, and the number now is more than double.”

Authority officials offered little explanation for the discrepancy, saying the initial number was an estimate based on their information at the time.

Ms. Spurgeon said the scope of the disaster was difficult to fathom, even from photos.

“This is not a thin coating of ash,” she said. “These are boulders. There’s one in our cove that’s probably the size of our home.”

The spill has reignited a debate over whether coal ash should be federally regulated as a hazardous material.

Environmentalists have long argued that coal ash, which can contaminate groundwater and poison aquatic environments, should be stored in lined landfills. The ash ponds at Kingston were separated from the river only by earthen dikes. Coal plants around the country, most near rivers that supply the water they need to operate, store coal ash in unlined embankments and ponds, and in some areas coal ash is recycled as fill material.

The T.V.A. is still investigating the cause of the breach, but officials have suggested that unusually heavy rain and freezing temperatures may have been factors.

SOURCE: THE NEW YORK TIMES

SOURCE: Coal Ash Spill › Tennessee Ash Flood Larger Than Initial Estimate