Kingston Fossil Plant Coal Fly Ash Slurry Spill - Legal Actions

Legal Actions

On December 23, 2008 the environmental group Greenpeace asked for a criminal investigation into the incident, focusing on whether the TVA could have prevented the spill. On December 30, 2008 a group of landowners filed suit against the TVA for $165 million in Tennessee state court. Also on December 30, 2008 the Southern Alliance for Clean Energy announced its intention to sue the TVA under the federal Clean Water Act and the Resource Conservation and Recovery Act.

"On February 4, 2009, EPA, pursuant to Executive Order 12088, and TDEC issued a letter to TVA in which EPA provided notice to TVA that EPA considers the release to be an unpermitted discharge of a pollutant in contravention of the Clean Water Act."

On May 11, 2009 "TVA and the federal Environmental Protection Agency announced today an EPA Order and Agreement that documents the relationship between TVA and EPA in managing the clean-up of the Kingston ash spill and further ensures that TVA will meet all federal and state environmental requirements in restoring affected areas."

The primary objective of the time critical phase of the EPA Order was to expedite the removal of ash from the Emory River. The ash resided in the Emory River subject to significant migration in heavy storms. Over 3.5 million cubic yards were removed in a 12 month period with 85% being removed in a 10 month time frame. The time critical phase accelerated the removal of ash from the river by 75% over original expectations and safely transported it to a permanent, lined and leachate collecting facility in Perry County, Alabama called Arrowhead landfill. Arrowhead landfill is located on a thick layer of Selma chalk. Significant benefits were derived by the receiving community in both jobs and county improvements. The once closed Emory River was reopened in late spring 2010 and has been reopened for full community use with only minor wake zone restrictions. Drinking water continues to remain safe for consumption and air quality associated with the site continues to meet federal standards. The time critical phase removed 90% of the ash located in the Emory River leaving about 500,000K cubic yards of material which will be addressed in the next phase of the clean-up. A more comprehensive report of the actions was finalized in March 2011 and can be found at EPA OSC Report for the Time Critical Removal Action

In August 2010, the non time critical phase began removing ash from the remaining, more contained embayment and began preparations for closing out the failed dredge cell with an earthquake proof subsurface wall and cap. In addition, the non time critical phase is conducting ecological evaluations concerning the remaining risks of the ash in the river.