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North Carolina sues Duke Energy over coal ash sites

  • Market: Coal, Electricity
  • 20/08/13

Washington, 20 August (Argus) — North Carolina environmental officials filed two lawsuits against Duke Energy Progress and Duke Energy Carolinas over discharges from coal ash storage facilities at 12 power plants.

Duke Energy says it has consistently complied with water discharge permits.

The state's Department of Environment and Natural Resources filed the two complaints on 16 August in Wake and Mecklenburg counties, seeking a state Superior Court order that would require Duke to address groundwater and wastewater violations.

“Monitoring of groundwater at the compliance boundaries of the 12 power plants revealed levels of chemical constituents that exceed standards for groundwater protection,” the agency said. “Also, state water quality inspectors have observed seeps, or releases of liquids not authorized as part of the permitted discharges, at most of the facilities.”

The suits were filed regarding Cliffside Steam Station, Buck Steam Station, Allen Steam Station, Belews Creek Steam Station, Dan River Combined Cycle Station, Marshall Steam Station, Cape Fear Steam Electric Generating Plant, HF Lee Steam Electric Plant, Mayo Steam Electric Generating Plant, Roxboro Steam Electric Generating Plant, LV Sutton Electric Plant, and the Weatherspoon Steam Electric Plant.

Earlier this year, the department filed motions to require Duke to address similar wastewater discharge permit compliance issues at the Asheville Steam Electric Generating Plant and the Riverbend Steam Station. The state in July proposed a consent order with the utility regarding the Asheville and Riverbend locations that would require Duke to determine the extent of the contamination, address the violations, pay a civil penalty for past violations and pay fines if a compliance plan is not adhered to.

Duke said, “state regulators are requesting more data to ensure waters of the state are well protected; however, this action does not indicate that water quality has changed dramatically over the decades these plants have operated safely.”

By the end of this year, Duke said it will have retired seven of its 14 coal plants in North Carolina, including Sutton, and has already committed to properly closing ash basins at retired coal plants, which the company said “ultimately resolves many of these questions.” The company also plans to transition to managing fly ash dry in lined landfills.

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