Engineer: Ash Spill Warning Signs Ignored
http://www.truthout.org/010709EA
Earlier leaks should have been seen as stability issue, ex-regulator
says.

    Nashville, Tennessee - The nation's largest government-run
utility
ignored two small leaks that could have provided a warning years
before a coal ash pond collapsed, flooding a neighborhood with a
billion gallons of sludge, a former federal regulator contends.


    Jack Spadaro, a retired mining engineer who investigated a 1972
coal waste dam break that killed 125 people in West Virginia, said
states have done a poor job monitoring huge ponds of coal ash, which
aren't regulated by the federal government.


Also see below:
Exxon Valdez Survivor to Tennessee Coal Sludge Victims: Get
Everything
in Writing    •


    Three homes were destroyed and 42 parcels of land damaged when
one
such pond at the Tennessee Valley Authority's Kingston Steam Plant
collapsed Dec. 22.


    Tennessee uses solid waste landfill regulations for ash ponds,
even though the substance in them ... a mix of water and fly ash, a
byproduct of coal-fired power plants ... behaves more like a liquid
when it spills.


    "State regulation has failed obviously," said Spadaro, who
contends the ponds should be regulated like dams. "I think there
needs
to be federal regulation of the fly ash and the construction of these
reservoirs."


    The federal Environmental Protection Agency doesn't regulate the
utility ponds because it doesn't consider the coal ash hazardous
material, although it can contain trace amounts of heavy metals. Two
federal agencies that oversee mining keep an eye on similar waste at
coal mines but don't regulate coal-burning power plants.


    2003, 2006 Leaks


    At the Kingston plant, two small leaks in 2003 and 2006 caught
the
attention of Tennessee's Department of Environment and Conservation,
which asked the TVA to provide additional details on the water going
into the ponds but didn't require a new storage system.


    TVA spokesman Gil Francis said the earlier leaks were not related
to last month's spill and were in a different area from the section
that TVA officials believe caused the breach.


    When the pond wall ripped open Dec. 22, more than one billion
gallons of coal ash and water spilled out like a tidal wave, sweeping
a home off its foundations and tearing trees out of the ground.


    "This is not a typical landfill," said Glen Pugh, program
director
for Tennessee's division of solid waste management, which regulates
the ash ponds.


    The ponds on the banks of the Emory River had sides 55 feet above
the nearest road and contained more than 145 million gallons of
water,
according to the TVA. At the time of the spill, piles of ash reached
50 to 60 feet above the water in the ponds, Francis said.


    Pugh said the TVA applied for a landfill permit in the late 1990s
when it decided it needed a new system to handle the ash piling up at
the Kingston plant, about 35 miles west of Knoxville.


    The TVA had to repair the dike in 2003 after the ash started to
leak out, Pugh said. He said the leak wasn't much but enough to lead
the TVA to consider disposing of the ash in a dry form. The utility
eventually decided to continue using the pond and Francis said
repairs
were made based on several recommendations from an independent
engineering consultant.


    According to a 2008 inspection report, the TVA stopped dredging
operations in a main pond after the 2003 leak, but continued using a
smaller temporary pond while repairs were made. TVA resumed dredging
in 2006, only to find ash seeping out of the dike just nine months
later.


    Effort Made to Relieve Pressure


    The TVA installed a system to relieve pressure on the walls, and
Pugh said it was typical to see small areas of water seeping out of
the ponds because of the drains that the TVA installed.


    The state regulators were focused on the effect on the
environment, and nothing in the TVA's latest inspection reports in
May
and October indicated that there was a structural problem with the
retention ponds, Pugh said.


    But Spadaro, who spent nearly 30 years with the federal
government
as a mining regulator and instructor, said the TVA's last inspection
report indicated the agency was irresponsible for failing to see
these
previous failures as an indication of a serious stability problem.


    Spadaro, who also directed the National Mine Health and Safety
Administration's training academy, said that rather than continuing
to
operate the pond, TVA should have drained it and rebuilt the dam.


    Gov. Phil Bredesen has said Tennessee is now planning stronger
oversight of such ponds. Other states where the TVA has ash ponds or
landfills, including Alabama and Kentucky, say they perform regular
inspections at these sites and have not had any problems.


    Knoxville-based TVA supplies electricity to Tennessee,
Mississippi, Alabama, Kentucky, Georgia, North Carolina and Virginia.



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