State Water Quality officials file amendment to March lawsuit on coal ash

Here’s the press release from the N.C. Department of Environment and Natural Resources:

RALEIGH – State water quality officials this week amended a March lawsuit involving Duke Energy Progress’ (formerly Progress Energy Carolinas) coal-fired power plant in Asheville in order to address similar environmental compliance issues at Duke Energy Progress’ coal-fired power plant in Gaston County.

In March, the N.C. Division of Water Quality sought injunctive relief from the state Superior Court requiring the utility to address wastewater discharge permit compliance issues at the plant in Asheville.

On Monday, the state agency amended its lawsuit to address similar wastewater discharge permit compliance issues at Duke Energy Progress’ Riverbend Steam Station in Gaston County.

Monitoring of groundwater at the compliance boundary of the Riverbend Steam Station revealed levels of chemical constituents that exceed requirements for groundwater protection. Also, state water quality inspectors believe that seeps, or releases of liquids not authorized as part of the permitted discharges, have occurred at Riverbend.

The lawsuit asks that the court require actions by the power company to include the abatement of all violations of state statutes, groundwater standards and permit requirements at the two facilities.

The motion for injunctive relief is one of the tools available to the Division of Water Quality to pursue remedy from violations of the federal Clean Water Act and state regulations. The division will use the information provided to determine the next steps needed to address the contamination.

A link to a copy of the motion and supporting documents is available at and in the Hot Topics section of the division’s home page,


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