Environment and Conservation Issues $11.5 Million Penalty to TVA for Kingston Coal Ash Spill

Penalty Addresses Noncompliance with Tennessee's Water and Solid Waste Laws

NASHVILLE –Tennessee Department of Environment and Conservation Commissioner Jim Fyke and Deputy Commissioner Paul Sloan today announced the issuance of a Commissioner’s Order against the Tennessee Valley Authority assessing $11.5 million in penalties in response to the catastrophic coal ash release on December 22, 2008.  The penalties address violations of the Tennessee Water Quality Control Act and the Tennessee Solid Waste Disposal Act.  

 

“These are appropriate penalties in response to an unprecedented event,” said Fyke.  “We have said from the beginning of this process that civil penalties would come once the site had been stabilized and we had an opportunity to have a full picture of the damages.”

 

This Order assessing penalties follows an Emergency Order issued immediately after the ash spill on January 12, 2009.  The Emergency Order outlines the steps TVA must take to stabilize and remediate the Emory River and surrounding property, and remains in effect.  This new Order specifically addresses the violations of Tennessee law resulting from the spill. 

 

The $11.5 million penalty is to be paid, as follows:

 

·         $2.5 million to TDEC by July 15, 2010;

·         At least $2 million in Supplemental Environmental Projects to benefit the environment must be proposed by TVA and approved by TDEC by Dec. 31, 2010.  If acceptable projects equaling at least $2 million are not proposed by Dec. 31, TVA must pay any remaining balance;

·         $2 million to TDEC by July 15, 2011;

·         $2 million to TDEC by July 15, 2012;

·         $3 million has been paid to reimburse the department’s oversight costs, as required by the January 2009 Emergency Order.  TVA must continue to pay these oversight costs over and above the $11.5 million total assessment.

 

“Department personnel have been working with the U.S. Environmental Protection Agency to oversee cleanup activities from the beginning, and that will continue,” said Sloan.  “Significant progress has been made, as signified by the completion of time critical activities, and there is much left to do.  We are committed to seeing this cleanup through to completion.”

 

The Commissioner’s Order announced today specifically reserves the department’s right to assess natural resource damages in the future.  The Department of Environment and Conservation has obtained the services of Industrial Economics, Inc. to assist state and federal trustees in assessing and recovering natural resource damages from TVA as a result of the spill.  Recovering natural resource damages is another step toward restoring these resources for the public.

 

The full Commissioner’s Order can be found on the Department of Environment and Conservation’s TVA Kingston Update webpage at www.tn.gov/environment/kingston.

 

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