Scope of Inspections into Duke Energy Expands After Dan River Coal Ash Spill in North Carolina

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Researched by Industrial Info Resources (Sugar Land, Texas)--A coal ash spill resulting from two failed stormwater pipes under the ash pond at the Dan River Steam Station in Eden, North Carolina, is still being cleaned up and addressed. The plant, which has been closed since April 2012, is owned and monitored by Duke Energy Corporation (NYSE:DUK) (Charlotte, North Carolina).

The discharge of untreated wastewater initially came to the public's attention when a 48-inch stormwater pipe failed on February 2. As that failure was being addressed, the condition of a second pipe, this time a 36-inch stormwater pipe, raised the concerns of North Carolina's Department of Environment and Natural Resources (NCDENR).

On February 18, Duke Energy said that "samples of the water from the pipe indicated elevated levels of arsenic. The duration and volume of the discharge are not known." The NCDENR said on February 21 that the second pipe has been closed with a temporary concrete plug, while a more permanent solution is assessed.

The NCDENR issued formal notices of violation to Duke Energy on March 3 for not having the required stormwater permits at six of its facilities in the state.

For more information, see March 6, 2014, article - Coal Ash Proves an Issue at Five More Duke Facilities.

Regulators Aware Since 2010
North Carolina's state regulators have said that they have known since at least 2010 that Duke did not have the required stormwater permits but, for reasons that are not yet clear, did nothing to address this until after last month's spill at the Dan River facility. The admission by state regulators came after The Associated Press filed a request for copies of Duke Energy's permits.

NCDENR spokesman Drew Elliot said: "Since 2010, stormwater permitting staff has been working to develop a stormwater permit template that can be used at all coal-fired facilities and had been asking for information from Duke as part of that process. In light of events at the Dan River facility and the subsequent investigation, [NC] DENR determined Duke Energy had been given enough time to comply, so the department issued a notice of violation."

Duke has 30 days from the notice of violation to respond. In the meantime, a Wake County judge ruled on March 6 that Duke Energy must take "immediate action" to stop groundwater contamination from coal ash ponds. Duke has 14 active and retired coal-fired power plants in North Carolina. The NCDENR has announced that it will conduct inspections of all 14 plants, starting this week. The agency has asked Duke Energy to supply engineering and emergency action plans, as well as maps for all of the facilities. The documents were not previously required to be publicly disclosed.

For background, see article from February 20, 2014, article - Containment and Clean Up for Dan River Coal Ash Spill Ongoing; Future Work Under Consideration.

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