EPA v. DUKE ENERGY CAROLINA, LLC (NATIONAL CASE)

Case summary

ON FEBRUARY 23, 2014, EPA R4 RECEIVED A PHONE CALL FROM THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES REQUESTING ASSISTANCE IN RESPONDING TO A COAL ASH POND RELEASE THAT OCCURRED ON 2/2/14. THE RELEASE OF COAL ASH OCCURRED AT THE DAN RIVER STEAM STATION (DUKE ENERGY) NORTH OF EDEN, NC IN ROCKINGHAM COUNTY. THE VOLUME OF ASH RELEASED WAS ESTIMATED AT BETWEEN 50,000 TONS AND 82,000 TONS. AFTER A THIRD PARTY ANALYSIS, THE ESTIMATED VOLUME WAS REVISED TO BETWEEN 30,000 TONS AND 39,000 TONS. IN ADDITION, APPROXIMATELY 27 MILLION GALLONS OF ASH POND WATER WASTE RELEASED. THE RELEASED ASH AND WATER WAS DISCHARGED TO THE DAN RIVER. GIVEN PROXIMITY TO THE SPILL SITE AND THE POTENTITAL IMPACT TO WATERS OF THE OCMMONWEALTH OF VIRGINIA, R4 REQUESTED CROSSOVER SUPPORT FROM R3. SUBSEQUENT INVESTIGATION REVEALED THAT A 48 SLIP-JOINT CONCRETE AND CORRUGATED STEEL STORM SEWER LINE THAT RAN UNDER THE ASH POND FAILED. COAL ASH AND ASH POND WATER FLOWED INTO THE FAILED SECTION OF THE LINE AND THEN TO THE DAN RIVER. THE 48 SEWER LINE AND A 36 SEWER LINE THAT BOTH RAN UNDER THE COAL ASH IMPOUNDMENT WERE SEALED. CREWS REMOVED ACCESSIBLE COAL ASH FROM THE DAN RIVER AND BEGAN SAMPLING DRINKING WATER, SURFACE WATER AND RIVER SEDIMENTS. ON MAY 22, 2014, EPA SIGNED AN ADMINISTRATIVE SETTLEMENT AND ORDER (ORDER) WITH DUKE ENERGY CAROLINA, LLC (DUKE) TO PERFORM A CORMPREHENSIVE ASSESSMENT, DETERMINE THE LOCATION OF COAL ASH DEPOSITS, AND TO REMOVE DEPOSITS ALONG THE DAN RIVER AS DEEMED APPROPRIATE BY EPA IN CONSULTATION WITH THE US FISH AND WILDLIFE SERVICE AS A RESULT OF THE COAL ASH SPILL THAT OCCURRED AT THE DAN RIVER STEAM STATION ON FEBRUARY 2, 2014. UNDER THE ORDER, EPA WILL OVERSEE THE CLEANUP AND DUKE WILL REIMBURSE EPA FOR ITS OVERSIGHT COSTS. AS CONTAMINATION EXTENDED INTO VIRGINIA, AND BECAUSE REMOVAL AND ASSESSMENT WORK WILL OCCUR IN BOTH NORTH CAROLINA AND VIRGINIA, THE AGREEMENT WAS SIGNED BY BOTH EPA REGIONS 3 AND 4. IN ADDITION TO ASSESSMENTS AND CLEANUPS, THE ORDER ALSO REQUIRES DUKE TO REIMBURSE ALL PAST EPA RESPONSE COSTS, AS WELL AS ALL FUTURE OVERSIGHT COSTS IN CONNECTION WITH THE SITE. DUKE'S WORK WILL BE SUBJECT TO REVIEW AND APPROVAL BY EPA, IN CONSULTATION WITH THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND VIRGINIA'S DEPARTMENT OF ENVIRONMENTAL QUALITY. ONCE REMOVAL ACTIVITIES ARE COMPLETE, DUKE WILL BE REQUIRED TO ASSESS ANY REMIANING CONTAMINATION TO DETERMINE WHETHER ADDITIONAL ACTIONS MAY BE NEEDED.

Defendants (1)

• DUKE ENERGY, LLCNamed in settlement

Facilities (1)

• DUKE ENERGY DAN RIVER STEAM STATION

  900 SOUTH EDGEWOOD ROAD, EDEN, NC, 27288

  Registry ID: 110000345993

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• DUKE ENERGY CAROLINA, LLC (NATIONAL CASE)entered 2014-05-22

  Primary law: CERCLA

Timeline (2 milestones)

• 2014-05-22Final Order Issued
• 2014-10-01Enforcement Action Data Entered