State files lawsuit over Colbert plant

State files lawsuit over Colbert plant

By Robert Palmer - TNValleyNow.com

Environmentalists who intended to file suit against the Tennessee Valley Authority over allegations of water pollution at its Colbert Steam Plant were thwarted when the state stepped in, but they remain cautiously optimistic that improvements will be made at the plant.

The Southern Environmental Law Center, of Birmingham, filed 60-day notice of intent in February to sue in federal court, claiming coal ash storage ponds at the Colbert County plant were leaking pollutants into a nearby creek and, ultimately, the Tennessee River.

Other groups were party to the potential lawsuit, including the Tennessee Riverkeeper, Southern Alliance for Clean Energy and Shoals Environmental Alliance.

The Alabama Department of Environmental Management filed suit against TVA in Colbert County Circuit Court on April 12, making many of the same allegations about the coal-fired plant that were found in the environmentalists' claims. The state's legal action stopped the environmentalists' planned court actions for now.

"We think this is a verification of what we said in our notice of intent letter," said Keith Johnston, managing attorney for the Southern Environmental Law Center, of the state's legal filing.

Johnston said his group and others will watch the state's legal action closely.

"We are looking at all legal options now," he said. "This certainly changes our analysis."

The state environmental regulatory agency has jurisdiction over enforcing the Clean Water Act, so it's legal action nullified other pending lawsuits.

The environmental agency's entrance into the problems at Colbert Steam Plant was anticipated by the Tennessee Riverkeeper's lawyer. Mark Martin, speaking at a meeting of the Shoals Environmental Alliance on March 26, said, "ADEM feels it is their job to keep us from suing their permit holders. ADEM can do their own enforcement action in the 60-day notice period and stop our suit."

Charles Rose, president of the Shoals Environmental Alliance, said he hopes the state will address the problems brought up in the law center's findings.

"We certainly hope ADEM thoroughly addresses all the pollution issues the plant might have," he said.

TVA has been issued violation notices by the state in the past, and so far has spent $12 million on related issues at the plant, said TVA spokesman Mike Bradley.

"We will continue to work with the Department of Environmental Management to improve the environmental management of the coal ash at Colbert," he said.

TVA plans to covert coal ash storage ponds at Colbert and other fossil plants to dry storage by 2021. Bradley said the plan includes capping and sealing some of the ponds, and building off-site storage facilities for coal ash.

Robert Palmer can be reached at 256-740-5720 or robert.palmer@TimesDaily.com.