Settlement reached in coal ash case
Duke Energy will move forward with excavating nearly 80 million tons of coal ash at sites in North Carolina following the signing of a settlement agreement with community and environmental groups that ends appeal litigation.
The excavation is the largest coal ash cleanup in the nation’s history and will result in more excavation than in four neighboring sites combined. Seven basins will be excavated and ash moved to lined landfills, according to a press release from Duke, including two in Belmont, one in Belews Creek, one in Roxboro, one in Semora and two in Mooresboro.
“North Carolina’s communities have lived with the threat of coal ash pollution for too long. They can now be certain that the cleanup of the last coal ash impoundments in our state will begin this year,” said Department of Environmental Quality Secretary Michael S. Regan in a DEQ press release. “We are holding Duke accountable and will continue to hold them accountable for their actions as we protect public health, the environment and our natural resources.”
Under the signed agreement, Duke will be required to excavate more than 76 million tons of coal ash from open, unlined impoundments at the facilities. More than 3 million tons of non-impoundment coal ash will also be excavated. Two facilities, Roxboro and Marshall, will be left with some coal ash in the ground because state-permitted facilities were built on top of portions of the ash basins there. These sites will be subject to additional protective measures. Protective measures will include stabilization requirements, surface water and groundwater monitoring and any necessary remediation.
“This agreement significantly reduces the cost to close our coal ash basins in the Carolinas for our customers, while delivering the same environmental benefits as full excavation,” said Stephen De May, North Carolina president for Duke Energy. “We are fully focused on these important activities and building a clean energy future for the Carolinas.”
The agreement also requires Duke to enter into a court-supervised consent order with DEQ and the environmental groups represented by Southern Environmental Law Center.
Duke has submitted its closure plans for the excavations, and the public can offer comment on those plans in writing or during public hearings to be held near each of the six sites in February. DEQ’s final action on the closure plans is due within 120 days of receiving the complete closure plans, and implementation of the plans must start within 60 days of approval.
Read the agreement and closure plans at deq.nc.gov/coalashexcavation.
