Environmental groups sue DHEC on coal ash permits

Environmental groups sue DHEC on coal ash permits

By MEG KINNARD – Associated Press

COLUMBIA — Environmental groups on Tuesday filed a lawsuit to force a South Carolina agency to issue a new permit for pools used to store coal ash, a process they said would help cut down on pollution in a river near the state's coast and give the public a voice in the process.

The suit filed by the Southern Environmental Law Center seeks to force the Department of Health and Environmental Control to issue a Clean Water Act permit for discharges from the lagoons near Santee Cooper's Grainger Generating Station into the Waccamaw River.

Located in Conway, Grainger's two coal-fired units began commercial production in 1966 — making it Santee Cooper's oldest coal-fired station — and produce more than 170 megawatts of electricity an hour, according to the utility.

The utility — which stores 650,000 tons of coal ash in earthen lagoons on the banks of the Waccamaw — has, along with DHEC, known for years that the pools are polluting the river and nearby groundwater with chemicals including arsenic, mercury and copper, the environmental groups say.

Santee Cooper's permit for the lagoons expired in 2006. Since then, the lawsuit says DHEC has let the plant use old technology that continues to pollute the river. By not issuing a new permit, the lawsuit also says the public hasn't been given a voice in the matter, since a permitting process would involve taking public comment.

"The Waccamaw River is one of our state's great natural resources," Waccamaw Riverkeeper Christine Ellis said in a news release. "It is a shame that DHEC is not protecting the public and the River, and that DHEC is not working to prevent Santee Cooper's pollution."

DHEC officials said the agency had not been served with the lawsuit and could not comment.

The Southern Environmental Law Center represents several groups, including the Waccamaw Riverkeeper and the Southern Alliance for Clean Energy. Other environmental groups have also sued Santee Cooper, accusing the utility of failing to get state permits for groundwater contamination under and near the coal ash lagoons.

Santee Cooper spokeswoman Mollie Gore said the state-owned utility has filed to renew its permit and has not asked DHEC to delay that process. Gore also said the utility has asked a judge to dismiss the case against Santee Cooper and is waiting on a hearing date.

The Grainger power plant is not currently operating and may be closed permanently if it's determined to be too expensive to bring it in line to comply with new federal regulations, Gore said.