Environmental groups seek to sue Rocky Mountain Power’s Huntington Plant over coal ash waste

By By

A notice of intent to sue was sent to Rocky Mountain Power’s parent company, Portland-based PacifiCorp, details the utility’s numerous problems in dealing with the ash waste and scrubber residues from when coal is burned.
The net result of these alleged problems is contaminated water flowing into and fouling Huntington Creek and its tributaries, and the groups contend that U.S. clean water standards require the company to fix the problems.
“Clean water is precious. We all count on it for irrigation, for recreation, for drinking and public health,” said Lindsay Beebe, an organizer for the Sierra Club’s Beyond Coal campaign in Utah. “So when a coal plant owner like PacifiCorp circumvents even the most basic safeguards to protect against water contamination from coal waste – and has been doing so for decades – that sounds a serious alarm.
“Coal-ash waste has pollutants like lead and mercury in it. There’s a big risk of contamination even when it’s managed properly from the start with things liked lined impoundments. When it’s not, as we see at the Huntington plant, there are absolutely going to be problems, especially for local water.”
HEAL Utah and the Sierra Club worked with Public Justice to draft the notice because of the latter’s experience working on coal ash issues. They are giving PacifiCorp, which is owned by Warren Buffett’s Berkshire Hathaway Energy, up to three months to correct the problems. Under the Clean Water Act, the company faces fines up to $37,500 per day per violation.
A statement issued by Rocky Mountain Power said, “The Public Justice’s “Notice of Intent to Sue” contains many assumptions and assertions that are incorrect. (As an example, the point source identified on page 9 item D does not belong to PacifiCorp.) Concerns raised that are actual issues have been identified because they are available in the public records, having been reported by PacifiCorp to the Utah Department of Environmental Quality. These issues have been addressed or are currently being addressed with the oversight of the Department of Environmental Quality. PacifiCorp continues to ensure that the facility remains in compliance with the recently finalized coal combustion residual rules and all requirements of the clean water act.
Regarding the coal inventory at the Rock Garden location, the current stockpile is about 620,000 tons.
The site is permitted by the state and managed in compliance with environmental regulations. Its purpose is to hold a coal stockpile for Huntington plant for both inventory and blending for overall fuel quality. The company began using the site for this purpose in February 2007.”