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2014 Coal Ash River - Photo By Waterkeeper Alliance Inc

Site of Duke Energy Coal Ash Spill
Photo b Waterkeeper Alliance

A federal grand jury and North Carolina regulators are investigating Duke Energy, the nation’s largst electric power holding company, as part of a widening criminal investigation initiated by a massive coal ash spill that coated 70 miles of the Dan River with toxic sludge back in February.

The Dan River spill was the third largest coal ash spill in the nation’s history – an estimated 39,000 tons of coal ash were released. Since the Dan River spill the company has been cited for eight more violations.

Controversy Continues

The North Carolina Department of Environment and Natural Resouces (DENR) says Duke Energy illegally pumped 61 million gallons of contaminated water over six months from two coal ash pits at its’ Cape Fear plant in Moncure, N.C., and into a tributary of the Cape Fear River

2014 Pumping from a Duke Energy Waste Pond to a Nearby Stream - Photo by Rick Dove, Waterkeeper Alliance

Pumping from a Duke Energy
Waste Pond to a Nearby Stream
Photo by Rick Dove, Waterkeeper Alliance

A couple of weeks ago Waterkeeper Alliance took aerial photographs showing that Duke Energy has been pumping coal ash into a tributary of the Cape Fear River, a local drinking souce. The state is now testing water in the river to check for contaminants. There are several towns and cities downstream of the most recent spill, but none of them have reported any problems with their drinking water so far.

Duke has unlined coal ash pits at 14 power plants in North Carolina, and all of these were cited last year for polluting groundwater.

Coal ash is a byproduct of burning coal and it is highly toxic to humans and wildlife. Coal ash contains arsenic, lead, mercury and more than a dozen other heavy metals. Studies from the EPA have found that people living within one mile of unlined coal ash ponds can have a 1 in 50 risk of cancer.

NC Pulls Deal with Duke

North Carolina regulators have withdrawn a coal ash violations settlement the would have allowed Duke Energy to resolve environmental violations by paying a $99,000 fine with no requirement to clean up its pollution.

2014-02-05 Signs of coal ash swirl in the water in the Dan River in Danville Va - Photo by Gerry Broome, AP)

On Feb, 5, 2014, signs of coal ash swirl in
the water inthe Dan River in Danville, VA.
Photo by Gerry Broome, AP

State regulators now say that they will partner with the U.S. Environmental Protection Agency (EPA) to pursue joint investigation and enforcement against Duke Energy for Clean Water Act violations related to the Dan River spill and new concerns about the illegal dumping of coal ash at another of the company’s facilities.

Duke Energy has a clear record of complete disregard for pollution and environmental laws. Unfortunately, Duke has so much clout in the North Carolina legislature that it will be difficult for regulators to punish Duke with penalties that match the crime.

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Duke Energy said on Monday afternoon that between 50,000 to 82,000 tons of coal ash and up to 27 million gallons of water were released from a pond at its retired coal fired power plant in Eden, NC, and spilled into the Dan River.

2014-02-04 Re-enforcing and patching the berm to the ash basin at the Duke Energy Dan River Steam Station in Eden, N.C.Joseph Rodriquez - News & Record

Re-enforcing and patching the berm to the ash basin at the Duke Energy Dan River Steam Station in Eden, N.C.
Photo by Joseph Rodriquez, News & Record

Duke said a 48-inch stormwater pipe beneath the unlined 27-acre ash pond broke Sunday afternoon, and tens of thousands of tons of coal ash and water drained into the pipe before spilling into the Dan River. Duke Energy says that the dam along the river remains secure and has not been affected.

Duke did not issue a press release to inform the public until Monday afternoon, more than 24 hours after the spill occurred.  Duke said it notified local emergency managers and the N.C. Department of Environment and Natural Resources on Sunday afternoon. Duke says the leak has been temporarily stopped and they are working on a permanent solution. Duke has 14 coal fired power plants in the state, seven of which have been retired.

The closest community downstream from the spill is Danville, VA, which takes its water from the Dan River only six miles from the pond. Officials are saying that water samples confirm that the water leaving the city’s treatment facility meets public health standards.

“All water leaving our treatment facility has met public health standards,” said Barry Dunkley, division director of water and wastewater treatment for Danville Utilities. “We do not anticipate any problems going forward in treating the water we draw from the Dan River.”

Coal ash, the toxic waste material left after coal is burned, contains arsenic, mercury, lead, and more than a dozen other heavy metals. Studies from the EPA have found that people living within one mile of unlined coal ash ponds can have a 1 in 50 risk of cancer.

This coal ash spill is the third-largest in U.S. history. In 2008, more than a billion gallons of coal ash slurry spilled at the Tennessee Valley Authority’s Kingston coal plant in Tennessee.

The Dan River coal ash spill is the latest in a string of industrial accidents that have jeopardized the environment and health of citizens downstream.

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