Coal Ash Law Blog

May 28th, 2014

The U.S. Environmental Protection Agency executed an Administrative Order and Agreement with the local power company to perform a comprehensive assessment, determine the location of coal ash deposits and to remove coal ash in the Dan River. This agreement was prepared in consultation with the US Fish and Wildlife Service as a result of the coal ash spill that occurred near the North Carolina/Virginia line at the Dan River Steam Station on February 2, 2014.

Under the Administrative Order and Agreement on Consent (Order), entered into under the Superfund law, EPA will oversee the coal ash cleanup and the utility will reimburse EPA for its oversight costs.  The contamination extended into Virginia from North Carolina. Removal and assessment work will occur in both North Carolina and Virginia.

EPA Regional Administrator Heather McTeer Toney said, “Protection of public health and safety remains a primary concern, along with the long-term ecological health of the Dan River.”
The terms of the Order require that the disposal of coal ash from the spill meet specific protective disposal standards for landfills, such as synthetic liners, leachate collection systems and groundwater monitoring.

Read the EPA’s response: