New Coal Ash Laws

New coal ash law requires water connections and protects the environment 

North Carolina has become a national leader since 2013 in addressing the long-ignored threat of coal ash. The law signed by Gov. Pat McCrory goes even further to protect the state from a problem that has existed for decades.

The new law provides people who live near coal-ash facilities with certainty that they will receive p ermanent alternate water supplies. It establishes firm deadlines for providing water connections, requires that all dam repairs are fully completed, mandates that coal ash be processed for recycling and allows for cost-effective solutions for closing ponds when certain conditions are met.

The EPA’s regulations do not require excavation as part of the cleanup and closure process. North Carolina is going beyond federal law by requiring at least half of all facilities to be excavated.

Only if Duke Energy proves to our department that it installed water supplies and made necessary repairs to its dams can certain coal ash ponds be closed under federal regulations, which could include capping in place.

Cap-in-place requires coal-ash ponds to be safely drained and covered with a waterproof liner, with nearby groundwater monitored for at least 30 years. The cap-in-place option minimizes effects to electricity rates.

For many years Duke Energy monitored the water under its ponds and found hundreds of samples that did not meet groundwater standards. Again, no action was taken. In fact, the prior administration created a policy instructing regulators not to fine Duke if the company said it would correct the problem.

Previous administrations ignored obvious warning signs and chose to protect Duke Energy instead of residents and the environment. In contrast, the McCrory administration is committed to holding Duke accountable.

Source: The News Observer

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• Governance & Planning
• Water Governance
• Clean Coal