Environmentalists slam new coal ash bill

Critics of compromise coal ash legislation agreed to by North Carolina House and Senate conferees faulted the measure Wednesday for allowing the toxic material to remain in place at most of Duke Energy’s leaking dumps.

The legislation requires the removal of ash within five years from the utility’s Asheville plant and three other facilities, but would let the material be capped in place at 10 other plants if they are deemed “low risk” by a new commission.

The House voted 83-14 Wednesday in favor of the measure, and the Senate approved it later in the night. A conference committee reached a compromise Tuesday on the legislation, which had been stalled after last-minute negotiations to iron out differences broke down.

The bill requires that Duke put all ash from ponds at its Asheville, Dan River, Sutton and Riverbend plants in lined landfills or sell it for use by the construction industry.

Environmantalists noted that Duke already had said it planned to get rid of the ash at the four plants.

“The bill doesn’t explicitly require Duke to do anything it hasn’t already voluntarily committed to do or will soon be required by the federal government,” said D.J. Gerken, an attorney with the Southern Environmental Law Center.

Lawmakers made the handling of coal ash a top legislative priority after the Feb. 2 spill from a Duke ash pond coated 70 miles of the Dan River with gray sludge. Coal ash contains toxic chemicals such as arsenic, mercury and lead.

Senate Leader Phil Berger, who lives in Eden near the site of the spill, applauded the deal.

“Since day one, the House and Senate have agreed that fixing coal ash is a top priority, and I am proud of my colleagues for following through to deliver the most comprehensive, aggressive and science-driven mitigation plan in the entire country,” Berger said.

The legislation also sets a 15-year timetable for closing the remaining ponds, but a new commission could allow the company to cap the ash with plastic sheeting and dirt if officials are convinced it won’t contaminate groundwater.

Environmentalists say all the ash should be dug up and moved to lined landfills away from rivers and lakes.

“A far cry from the historic bill lawmakers have touted, this plan chooses just four communities out of 14 across the state to receive cleanup,” said Amy Adams, North Carolina campaign coordinator for Appalachian Voices. “The others, our lawmakers have decided, will have to wait for a commission of political appointees to decide their fate.”

The bill also adds 30 new full-time positions to monitor and implement closure plans.

Duke has 33 ash dumps at its coal-fired power plants containing more than 100 million tons of ash. Environmental officials say all of the dumps are leaking contaminants.

The utility has two coal ash ponds at its Lake Julian plant covering 91 acres next to the French Broad River.

Officials said about 2.7 million tons of ash have been moved to a fill project at the Asheville Regional Airport over the past six years, with another 1.3 million tons to go before the project ends next year. That will leave about 2 million tons left in one of the ponds, and ash will continue to be generated.

Critics say the legislation approved by the General Assembly Wednesday attempts to shield Duke from cleanup obligations under existing law.

Earlier this year a judge ruled that state environmental officials have the authority to force the utility to take immediate action to eliminate sources of groundwater contamination, but instead the legislation gives the company 15 years to comply at some of the leaky ponds.

“This bill is a big gift to a multi-billion-dollar utility giant,” said Hartwell Carson, French Broad Riverkeeper for the Asheville-based environmental group Western North Carolina Alliance. “Instead of strengthening and furthering protections from coal ash, this bill attempts to weaken cleanup requirements already in place.”