« Environment - Stories today | Main | Law - More on running for judge »

Wednesday, October 06, 2004

Environment - Coal ash is an issue again, this time in Marion County

"Critics: IPL's plan to use ash as fill is risky: Utility disputes the charge that putting coal ash in a flood plain could foul waterways," is the headline to this story today in the Indianapolis Star. Some quotes from the story:

A plan to fill a Perry Township floodway with 50,000 tons of ash from a coal-burning power plant is drawing protests from environmentalists who fear it could contaminate local waterways. But officials from Indianapolis Power & Light Co., which has applied for a permit from the Indiana Department of Natural Resources to fill an area along Highland Creek on company property, said it is safe. "My contention is that ash, when managed properly, can be used in the right type of setting as structural fill," said Dwayne Burke, IPL's director of environmental affairs. * * *

But Brian Wright, coal policy adviser at the Hoosier Environmental Council, said filling a flood plain with coal ash -- which contains heavy metals and other materials that can be toxic to wildlife and fish -- is risky. Highland Creek flows into Lick Creek, to the south of the proposed fill area. Lick Creek flows into White River. "It is irresponsible to place it in any quantity in a floodway without any environmental controls to prevent contamination," said Wright, who spoke against the permit at a public hearing Tuesday night.

The controversy illustrates big differences in how coal ash -- hundreds of thousands of tons of which are generated by Indiana electric utilities every year -- is regulated by the state.

The Indiana Department of Environmental Management, which issues permits for landfills, considers coal ash a restricted waste because it can contaminate groundwater, and requires that ash landfills have a clay barrier.

But state law exempts coal ash from environmental regulations if it is being used as structural fill material -- even if it's in a floodway -- or if it's dumped back into a coal mine.

The DNR, not the environmental agency, issues permits to fill floodways and mines, and has no guidelines on how ash should be handled to prevent environmental damage.

The Indiana Law Blog has posted a number of stories about the regulation of coal ash this year, including the following: Coal Ash (2/10/04); Followup on Coal Ash (2/15/04); Town of Pines (Indiana) groundwater contamination the subject of national report (4/22/04); Disposal of coal ash in strip mines questioned (4/25/04). For others, use the search box in the right column.

Posted by Marcia Oddi on October 6, 2004 06:55 AM
Posted to Environmental Issues