Source: NCDENR, 8/18/15

The N.C. Department of Environment and Natural Resources filed a motion in court today to ensure implementation of the Coal Ash Management Act (CAMA), including requirements for public participation and scientific analysis.

“DENR has an excellent group of engineers and scientists that are dedicated to meeting all of the requirements and deadlines of the Coal Ash Management Act,” DENR Assistant Secretary for the Environment Tom Reeder said. “There is no 'one size fits all’ solution because each coal ash facility is unique. We believe science and public participation should determine what is best for each site.”

CAMA designates four Duke Energy facilities with coal ash ponds (Dan River, Riverbend, Sutton, and Asheville) as priorities for cleanup and closure, a requirement that is supported by DENR. The law also mandates that 10 additional impoundments be prioritized after public input, thorough scientific study and a transparent decision-making process. Today’s motion asks the court to allow CAMA to determine the prioritization of the remaining 10 coal ash facilities.

In a related motion filed last week, DENR objected to motions by Duke Energy and the Southern Environmental Law Center (SELC) to bypass the law by adding three sites (Cape Fear, Lee, and Weatherspoon) to the priority list without following the CAMA process.

Duke Energy estimates that the total cost of closing all coal ash sites could reach $10 billion. CAMA requires that the potential cost to ratepayers, in addition to public input and science, also be considered in decisions about coal ash cleanup.