Suits: Colbert plant violated water act

Suits: Colbert plant violated water act

By Mike Goens

Colbert Fossil Plant is accused of ongoing violations of the federal Clean Water Act in a lawsuit filed by the Alabama Department of Environmental Management.

The Tennessee Valley Authority facility in western Colbert County produces electricity from five coal-fired units.

At the center of the allegations are the coal ash ponds, which house residue left when coal is burned at power plants. The coal ash reportedly contains high levels of mercury and other metals.

Numerous environmental groups have threatened to file a lawsuit, too. Shoals Environmental Alliance, Tennessee Riverkeeper, Southern Environmental Law Center, Southern Alliance for Clean Energy, and Waterkeeper Alliance filed a complaint in mid-February that states their intent to sue TVA. It was unclear Tuesday how ADEM's lawsuit might affect the group's decision.

The groups say Colbert Fossil Plant's coal ash ponds are leaking arsenic, iron and other toxic metals that make their way into the groundwater and nearby Cane Creek and the Tennessee River.

TVA officials said the plant has averaged burning 2 million tons of coal in the past two years.

ADEM's lawsuit seeks civil penalties and assurance that ongoing pollution at the plant will be stopped.

"We are aware of the lawsuit and we will continue to work with ADEM to manage coal ash storage the best we can at Colbert and elsewhere," TVA spokesman Mike Bradley said Tuesday. "We have been working with the state and will continue to do so to make sure we meet all requirements and regulations."

Bradley said TVA has invested more than $12 million on Colbert ash pond enhancements designed to protect local groundwater. He said TVA is on schedule to convert its entire coal fleet to dry storage by 2021.

TVA and ADEM entered into an agreement three years ago that requires the federal utility to address pollution flowing from coal ash ponds into the groundwater near them.

"Groundwater monitoring reports submitted by (TVA) to (ADEM) indicate that defendant has caused or allowed the discharge of pollutants associated with ash pond wastewater and/or other storage pond wastewater, including but not limited to antimony, arsenic, boron, ammonia, iron, manganese, and vanadium from one or more unauthorized sources at Colbert to groundwater," based on ADEM's lawsuit.

According to the lawsuit, monitoring data submitted by TVA on March 27 show mercury levels in water around the plant were above the level set to protect wildlife.

TVA officials said a 2009 site evaluation concluded very little groundwater "transports off the site and that groundwater movement is toward the Tennessee River. Adjacent to the plant, the Tennessee River has been designated by the state of Alabama as drinkable, fishable and swimmable."

Bradley said TVA routinely monitors surface water near some of the sites that have been mentioned for having high readings for toxic metals. He said samples taken by TVA are lower than reported by some environmental groups.

TVA has announced plans to diversify its energy production sources. The plan involves using less coal and more natural gas, nuclear and renewable energy sources.

It's unknown how the plan will affect the Colbert Fossil Plant operation and its workforce.

Mike Goens can be reached at mike.goens@TimesDaily.com.