Appendix A: Reassessment of Previously Identified Proven Damage Cases

Table of Cases

1) Salem Acres Site Salem, MA ...................................................................................................................1

2) Vitale Brothers Fly Ash Pit Beverly, MA ................................................................................................2

3) Don Frame Trucking, Inc. Fly Ash Landfill Pomfret, NY .......................................................................3

4) Possum Point Virginia Electric Power Co. (VEPCO) Possum Point, VA................................................4

5) PEPCO Morgantown Generating Station Faulkner Off-site Disposal Facility Morgantown, MD ..........5

6) Virginia Power Yorktown Power Station Chisman Creek Disposal Site Yorktown, VA ........................7

7) Hyco Lake Roxboro, NC..........................................................................................................................8

8) Georgia Power Company, Plant Bowen Georgia Power Company Cartersville, GA ..............................9

9) DOE Oak Ridge Y-12 Plant Chestnut Ridge Operable Unit 2 Department of Energy Oak Ridge, TN.11

10) South Carolina Electric & Gas Canadys Plant South Carolina Electric & Gas Walterboro, SC..........12

11) Belews Lake Stokes, Rockingham, Guilford, and Forsyth Counties, NC............................................14

12) DOE Savannah River Project US Department of Energy Aiken, Allendale, and Barnwell Counties, SC

....................................................................................................................................................................15

13) E.J. Stoneman Generating Station Ash Disposal Pond Dairyland Power Cooperative Cassville, WI .17

14) WEPCO Highway 59 Landfill WE Energies Waukesha, WI...............................................................18

15) Nelson Dewey Ash Disposal Facility Alliant (formerly Wisconsin Power & Light) Cassville, WI....20

16) WEPCO Cedar-Sauk Landfill Cedarburg, WI......................................................................................21

17) Port Washington Facility Wisconsin Electric Power Co. (WEPCO) Port Washington, WI ................22

18) North Lansing Landfill Lansing Board of Water & Light (LBWL) Lansing, MI................................23

19) Northern Indiana Public Service Corp. (NIPSCO) Yard 520 Landfill Site (Brown's Landfill) Northern 

Indiana Public Service Corp. (NIPSCO) Township of Pines, Porter County, IN .......................................24

20) Brandy Branch Reservoir Marshall, TX...............................................................................................25

21) Southwestern Electric Power Company Welsh Reservoir Southwestern Electric Power Company 

Mount Pleasant, TX ....................................................................................................................................27

22) Texas Utilities Electric Martin Lake Reservoir Texas Utilities Electric Tatum, TX............................29

23) W.J. Neal Station Surface Impoundment Basin Electric Power Cooperative Velva, ND ....................31

24) Cooperative Power Association/United Power Coal Creek Station Surface Impoundments 

Cooperative Power Association Underwood, ND ......................................................................................32

25) Martin's Creek Power Plant 2005 Release Mount Bethel Township, PA.............................................33

26) TVA Kingston 2008 Release TVA Kingston, TN................................................................................34

27) BBBS Sand and Gravel Quarries Gambrills, MD ................................................................................35
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

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1) Salem Acres Site

Salem, MA

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Landfill

Brief Description

Fly ash disposal occurred at this site from at least 1952 to 1969. The site contained a variety of wastes including fly 

ash, sewage sludge, tannery waste and materials from a landfill on the site. The contamination was confined to the 

southernmost 13 acres of the 235 acre parcel. The fly ash pile covered approximately 0.6 acre and was estimated to 

contain 9,600 cubic yards. 

EPA added the site to the National Priorities List (NPL) on June 10, 1986. EPA signed separate Consent Orders with 

the South Essex Sewerage District (SESD), the Massachusetts Electric Company, and DiBase Salem Realty Trust to 

investigate and remediate the site. Remediation focused on fixation, capping, and excavating contaminated materials 

including removal of approximately 11000 cu. yards of fly ash from the landfill and a further 1000 cubic yards from 

the adjacent wetland. Ground water at the site and adjacent wetlands demonstrated only minor contamination and no 

further remedial actions were planned. The site was officially deleted from the NPL effective July 23, 2001. The site 

now allows for unrestricted land use.

Previous Basis for Consideration

Scientific: Arsenic and chromium exceeded (health-based) primary maximum contaminant levels (MCLs); and 

Administrative: The site was placed on the NPL list, and EPA signed a Consent Order with the owner to clean up the 

lagoons.

Other Considerations

 Considerable co-managed wastes including tannery wastes and sewerage sludge

 Arsenic and chromium were reported above MCL in onsite groundwater

 According to the 1993 USEPA Record of Decision (ROD), only antimony exceeded MCL in groundwater

Classification

Not a Damage Case

Rationale

The co-managed wastes contributed metal contamination indistinguishable from CCRs. Administrative orders do not 

contain explicit findings of specific damage from CCRs. 

Additional Sources

USEPA Record of Decision, March 1993 and April 1997

http://www.epa.gov/superfund/sites/rods/fulltext/r0193078.pdf Accessed: October 6, 2010.

http://www.epa.gov/superfund/sites/rods/fulltext/e0197165.pdf Accessed: October 6, 2010.

USEPA Website 

http://yosemite.epa.gov/r1/npl_pad.nsf/51dc4f173ceef51d85256adf004c7ec8/c8a4a5bec0121f048525691f0063f6f3?

OpenDocument
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2) Vitale Brothers Fly Ash Pit

Beverly, MA

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Sand and Gravel Pit

Brief Description

An abandoned gravel and sand pit that was used as an unpermitted landfill between the 1950s and the mid-1970s. 

The Vitale Brothers, the site owners until 1980, accepted and disposed saltwater-quenched fly ash from New 

England Power Company along with other wastes. Leaking underground storage tanks containing petroleum 

products were also located at the site. In 1973, fly ash at the site eroded into a nearby swamp and a stream that is a 

tributary to a surface drinking water supply. 

Previous Basis for Consideration

This case was not counted as a proven damage case in the 1999 Report to Congress because it was a case of illegal 

disposal not representative of historical or current disposal practices. However, it otherwise meets the criteria for a 

proven damage case for the following reasons: Scientific: (i) selenium and arsenic exceeded (health-based) primary 

MCLs, and (ii) there is evidence of contamination of nearby wetlands and surface waters; and Administrative: the 

facility was the subject of several citations and the State has enforced remedial actions.

Other Considerations

 The site contained other wastes including leaking petroleum Underground Storage Tanks USTs which were 

focus of closure

 Arsenic and selenium exceeded MCLs in onsite groundwater

 Groundwater well had demonstrated volatile organic compounds and cyanidecontamination unrelated to 

CCRs

 Evidence of fly ash in nearby wetlands and surface waters 

 Facility received several citations, State enforced remedial action;No state actions specific to fly ash 

presence or risks from fly ash 

 Closed Tier 2 Site by MADEP; No Response Action Outcome RAO required; EPA # MAD981068273 

MASS ID# 3-0000235;Release Tracking Number RTN based on USTs;

Classification

Not a Damage Case

Rationale

Non-CCR wastes primarily USTs were focus of MADEP remediation; No indication of offsite migration in 

groundwater of CCR specific contaminants; No explicit finding of specific damage due to CCRs in Administrative 

Orders which were limited to USTs.

Additional Sources

“Leaching Of Arsenic From A Fly Ash Dump In Beverly, Massachusetts” David J. Lang, LSP, Ground Water 

Consultants, Inc. and Jan R. Schlictmann; Proceedings Of State Regulation Of Coal Combustion By-Product 

Placement At Mine Sites: A Technical Interactive Forum, Harrisburg, Pennsylvania; May 4-6, 2004
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3) Don Frame Trucking, Inc. Fly Ash Landfill

Pomfret, NY

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Landfill

Brief Description

This landfill has been used for disposal of fly ash, bottom ash, and other material, including yard sweepings 

generated by the Niagara Mohawk Power Corporation's Dunkirk Steam Station. The age of the facility is unknown.

Previous Basis for Consideration

Scientific: The lead levels found in down-gradient wells exceed the primary MCL Action Level; Administrative: the 

State has required remedial action as a result of the contamination, and the owner was directed, by the Supreme 

Court of the State of New York, County of Chautauqua (July 22, 1988), to cease receiving the aforementioned 

wastes at the facility no later than October 15, 1988.

Other Considerations

 Other materials were disposed at this location but identification and relative volumes not detailed. 

 Downgradient wells exceeded MCL for lead twice (seven years apart) in more than 10 years of quarterly 

monitoring

 Sulfate, total dissolved solids (TDS), Iron and manganese exceeded secondary MCLs (SMCLs) in 

downgradient wells

 State required remedial action as result of contamination, court order to cease receiving wastes but without 

explicit finding of specific damage from CCR

Classification

Proven Damage

Rationale

Groundwater exceeded MCLs for lead nad SMCLs for sulfate, TDS, iron, and manganese in downgradient wells. 

Administrative orders did not contain explicit finding of specific damages from CCRs.

Additional Sources
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

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4) Possum Point

Virginia Electric Power Co. (VEPCO)

Possum Point, VA

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Surface Impoundment

Brief Description

This facility, currently listed as closed with Virginia Department of Environmental Quality (VADEQ),, contained 

40-acre unlined ash ponds with solids dredged to 80-acre lined ponds. At this site, oil ash, pyrites, boiler chemical 

cleaning wastes, coal fly ash, and coal bottom ash were co-managed in an unlined surface impoundment, with solids 

dredged to a second pond.

Previous Basis for Consideration

Damage case described in the 1999 RTC. Administrative: action pursued by the State based on evidence on 

exceedances of cadmium and nickel, by requiring the removal of the waste.

Other Considerations

 Co-managed wastes included Oil ash, pyrites, water treatment wastes, boiler cleaning wastes 

 Onsite cadmium and nickel exceeded MCLs

 Elevated cadmium and nickel may be attributable to other wastes

 Segregating selected oil ash and low volume wastes, resulted in cadmium in groundwater below MCLs 

 Virginia entered into special consent order with facility due to MCL exceedances in groundwater

Classification

Not a Damage Case

Rationale

Co-Managed CCR wastes without clear implication of CCR wastes in damages.

Additional Sources

Technical Background Document For the Report to Congress On Remaining Wastes from Fossil Fuel Combustion: 

Potential Damage Cases, March 15, 1999 http://www.epa.gov/osw/nonhaz/industrial/special/fossil/ffc2_397.pdf 

Accessed: October 6, 2010.

Inventory of Solid Waste Management Units, Virginia DEQ, accessed at 

http://www.deq.virginia.gov/export/sites/default/waste/pdf/swfrapr07.pdf
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

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5) PEPCO Morgantown Generating Station Faulkner Off-site Disposal Facility

Morgantown, MD

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Landfills and Surface Impoundments

Brief Description

Landfills at this shallow groundwater site managed fly ash, bottom ash, and pyrites from the Morgantown 

Generating Station starting in 1970. Unlined settling ponds also are used at the site to manage storm water runoff 

and leachate from the ash disposal area. In 1991, the state of Maryland found that water quality in a nearby stream 

and creek were degraded by landfill leachate, with effects including orange staining from iron precipitation and low 

pH (3 to 4). Remedial measures at the site included closure and capping of older units (1996), installation of liners in 

newer units (1993), installation of a slurry wall to prevent ground water migration (1994), and rehabilitation of a 

portion of a stream (1995). In January 2001, the Maryland Department of the Environment (MDE) Water Resources 

Administration (WRA) issued Mirant a Consent Order requiring Mirant to address the nature and extent of the 

ground water impacts and to implement corrective action to mitigate the impacts. In December 2002, Mirant 

completed installation of three passive water treatment systems (systems A, C, and F) at the facility in order to treat 

the acidity, metals, and sulfate present in the leachate-impacted ground water. These systems supplemented the 

leachate collection systems installed in 1994.

Previous Basis for Consideration

Scientific: Ground water contamination migrated off site; and Administrative: the State required remedial action.

Other Considerations

 In offsite groundwater cadmium exceeded MCL and iron and pH exceeded SMCLs

 Onsite groundwater exceeded SMCLs for aluminum, chloride, manganese, iron, and sulfate 

 Local, shallow aquifer impacted by site may not impact deeper aquifer used as water supply

 Biological impact reports identified other potential sources including upgradient cadmium and no biological 

impacts from CCRs

 State required remedial action, based on migration of contaminants in groundwater, charged with 

unpermitted discharge to surface water; State administrative action for vegetative damages, iron staining, 

and low pH.

Classification

Proven Damage

Rationale

Offsite groundwater exceeded MCLs for cadmium in shallow aquifer. State required remediation based on 

groundwater migration but no explicit finding of specific damage from CCRs.

Site Notes

 Cited as proven damage in the March 1999 Report to Congress

Additional Sources

Biological Impact Studies of the Faulkner Fly Ash Site, August 1984, Environmental Resources Management 

submitted to MD DNR
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

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Environmental Aspects of the Faulkner Fly Ash Site, January 1983, Environmental Resources Management, 

submitted to MD DNR

Evaluation of Long-Term Surface Water and Ground Water Quality at the Faulkner Fly Ash Storage Site Charles 

County, Maryland 18 May 2006, Environmental Resources Management, Inc., submitted to MD DNR

Maryland Department of Environment website

http://esm.versar.com/pprp/bibliography/FFAS_06_2/FFAS_06_2.pdf Accessed: October 6, 2010.
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

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6) Virginia Power Yorktown Power Station Chisman Creek Disposal Site

Yorktown, VA

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Sand and Gravel Pits

Brief Description

Between 1957 and 1974, abandoned sand and gravel pits at the site received approximately 500,000 tons of fly ash 

from the combustion of coal and petroleum coke at the Yorktown Power Station. Disposal at the site ended in 1974 

when Virginia Power began burning oil at the Yorktown plant. In 1980, nearby shallow residential wells became 

contaminated with vanadium and selenium. The Remedial Investigation performed by EPA determined that the 

groundwater contamination was localized in the area of the pits. In September 1986 a ROD was issues for OU1 

which included disposal pits and groundwater. The ROD included capping, groundwater restrictions, and 

replacement water supply wells. In 1988 EPA issued a ROD for operable unit number 2 (OU2) which included 

adjacent surface water and wetlands. This ROD called for modification of drainage and monitoring. 

Previous Basis for Consideration

Designated as a proven damage case in the 1999 RTC. Scientific: (i) Drinking water wells contained selenium above 

the (health-based) primary MCL, and (ii) there is evidence of surface water and sediment contamination; and 

Administrative: the site was remediated under CERCLA.

Other Considerations

 Selenium above MCL in offsite groundwater with vanadium and sulfate above SMCLs

 Placed on NPL with remediation efforts with focus on mitigating groundwater contamination and migration

 VADEQ indicated that the subsurface fly ash materials do not pose a public health threat in their present, 

sheltered location.

 In 2001, second five year review recommended more permanent groundwater restrictions

 In 2006, third five year review recommended better delineation of vanadium to ensure protectiveness of 

remedy

Classification

Proven Damage

Rationale

Offsite groundwater exceeded MCLs for selenium. Administrative order specified groundwater use restrictions to 

mitigate risk from CCR leachates

Site Notes

Cited as proven damage in the March 1999 Report to Congress

Additional Sources

Chisman Creek, York County, Virginia Superfund Program Site Fact Sheet

EPA Superfund URL http://epa.gov/reg3hwmd/npl/VAD980712913.htm Accessed: October 6, 2010.

USEPA website (Current Site Information, ROD, and 2006 Five-Year Report). 

http://www.epa.gov/reg3hscd/super/sites/VAD980712913/ Accessed: October 6. 2010.
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

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7) Hyco Lake

Roxboro, NC

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Surface Impoundment

Brief Description

Hyco Lake was constructed in 1964 as a cooling water source for the Electric Plant. The lake received discharges 

from the plant's ash-settling ponds containing high levels of selenium. The selenium accumulated in the fish in the 

lake, affecting reproduction and causing declines in fish populations in the late 1970s and 1980s. In 1990, a dry ash 

handling system was implemented resulting in lower selenium discharge. Subsequently, based on the results of fish 

tissue sampling, the fish consumption advisory has been rescinded in stages starting in 1994 until completely 

rescinded in August, 2001.

Previous Basis for Consideration

Scientific: declines in fish populations were observed (1970s & 1980. Administrative: the State concluded that the 

impacts were attributable to the ash ponds, and issued a fish consumption advisory as a result of the contamination.

Other Considerations

 Surface water tests were generally below MCL, listed as damage because of fish tissue measurements;

Classification

Proven Damage

Rationale

Impact to Fish populations reported from selenium concentrations; State concluded impacts attributable to ash ponds 

and issued fish consumption advisory 

Additional Sources

Ecological Assessment of Selenium in the Aquatic Environment , Appendix A. Selected Case Studies of Ecosystem 

Contamination by Selenium, Terry F. Young et. al. Edited by Peter M. Chapman et. al. CRC Press 2010, Pages 257–

292

Gillespie and Bauman, 1986: Effects of High Tissue Concentrations on Reproduction by Bluegills, In Draft Aquatic 

Life Water Quality Criteria for Selenium, EPA-822-D-04-001, November 2004.

http://www.epa.gov/waterscience/criteria/selenium/pdfs/complete.pdf
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

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8) Georgia Power Company, Plant Bowen

Georgia Power Company

Cartersville, GA

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Surface Impoundment

Brief Description

This unlined surface impoundment was put in service in 1968. On July 28, 2002, a sinkhole developed in the surface 

impoundment that ultimately reached four acres in area. An estimated 2.25 million gallons of ash/water mixture was 

released to a tributary of the Euharlee Creek, containing 281 tons of ash. Georgia’s Department of Natural 

Resources alleged an unpermitted discharge of water containing approximately 80 tons of ash slurry entered 

Euharlee Creek through a stormwater drainage pipe resulting in a temporary degradation of public waters. Georgia 

DNR issued Consent Order to investigate impacts to surface waters, perform engineering assessment, and enact 

necessary corrective actions based on studies. Remedies included vacuum removal of ash from creek, and grouting 

and filling of sink hole. Following the delineation of the extent of the ash release four samples were collected within 

the ash footprint and two samples were collected downstream of the ash deposit. Samples collected within the ash 

footprint in the creek indicate that concentration of certain metals (arsenic. cadmium- chromium, copper, lead, 

mercury, and nickel) exceeded EPA Region IV ecological sediment screening values (ESV'S) indicating a potential 

for ecological affects to aquatic life. After completion of a 2003 slope stability study, operations were converted to 

a dry stack operation, reducing the wet CCR processing area to two small dewatering cells and two gypsum settling 

ponds. The company has taken steps to reduce potential sinkhole conditions although karst geology conditions 

underlying the surface impoundment remain.

Previous Basis for Consideration

Scientific: Unpermitted discharge of water containing ash slurry into the Euharlee Creek resulting in a temporary 

degradation of public waters. Administrative: Georgia Department of Natural Resources issued a consent order 

requiring, among others, a fine and corrective action.

Other Considerations

 Ecological assessment demonstrated that future harm to organisms after cleanup was unlikely

 The release occurred in late July and the ash was removed from the creek by mid-October.

Classification

Proven Damage

Rationale

Limited release of coal ash reported to effect adjacent surface waters requiring removal of sediments. No long term 

ongoing risk. Administrative action does not have explicit finding of specific damage but requires investigation and 

assessment. 
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

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Additional Sources

Assessment of Dam Safety Coal Combustion Surface Impoundments, Draft Final Report, Georgia Power Company

Plant Bowen, Cartersville, Georgia

http://www.epa.gov/wastes/nonhaz/industrial/special/fossil/surveys2/ga-gpc-final-redct.pdf Accessed: October 6, 

2010.

Ecological Assessment of Ash Deposition and Removal, Euharlee Creek, Georgia Power Bowen Plant, September 

2002, Geosyntec Consultants, EPA-HQ-RCRA-2006-0796-0026. 
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9) DOE Oak Ridge Y-12 Plant Chestnut Ridge Operable Unit 2

Department of Energy

Oak Ridge, TN

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Surface Impoundment

Brief Description

The filled Coal Ash Pond (FCAP) is an ash retention surface impoundment used to dispose of coal ash slurry from 

the Y-12 steam plant. It was constructed in 1955 by building an earthen dam across a northern tributary of Upper 

McCoy Branch. After the surface impoundment was filled to capacity, the slurry was released directly into Upper 

McCoy Branch. Erosion of both the spillway and the ash itself resulted in releases of ash into Upper McCoy Branch.

Previous Basis for Consideration

This case has been categorized as a proven ecological damage case based on scientific documentation of impacts to 

fish and other wildlife on-site. 

Scientific: Exceedances of primary and SMCLs were detected in on-site monitoring locations. Administrative:

Federal RCRA and the Tennessee Department of Environmental Conservation (TDEC) requirements, including 

placement of the entire Oak Ridge Reservation on the NPL.

Other Considerations

 Co-Managed wastes but administered in NPL as separate Operable Unit 

 Onsite arsenic above primary MCL, aluminum iron and manganese above SMCL

 Ecological damage from onsite impacts to fish and other wildlife including bioaccumulation, reported fish 

deformities 

 Placement on NPL for groundwater and surface water contamination from coal ash as separate OU

 Fish deformities and potentially elevated arsenic and selenium 

Classification

Proven Damage

Rationale

Documented surface water impacts to biota included bioaccumulation, fish deformities, and biota population 

decline. The site was placed on NPL with the coal ash landfill as a separate operable unit indicating specific damage 

from CCRs.

Additional Sources

Remedial Investigation Report on Chestnut Ridge Operable Unit 2 (Filled Coal Ash Pond/Upper McCoy Branch) at 

the Oak Ridge Y-12 Plant Oak Ridge, Tennessee (Baseline Risk Assessment Included) [DOE/OR/01-1268&D2] 

[Y/ER-172&D2]

Review of the Global Adverse Environmental Impacts to Ground Water and Aquatic Ecosystems from Coal 

Combustion Wastes; Donald S. Cherry, Rebecca J. Currie and David J. Soucek, Hoosier Environmental Council and 

Citizens Coal Council Indianapolis, IN, March 28, 2000
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

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10) South Carolina Electric & Gas Canadys Plant

South Carolina Electric & Gas

Walterboro, SC

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Surface Impoundment

Brief Description

This facility is a coal-fired power plant located along the Edisto River. Ash from the power plant is mixed with 

water and managed in an ash storage pond. surface impoundment. The facility operated an unlined, 80-acre surface 

impoundment from 1974 to 1989. A 95-acre ash pond lined with a bentonite slurry wall began operation in 1989. In 

1982 arsenic was determined above the MCL and the plume was delineated as limited but extending just beyond the 

initial site boundary (the then offsite property was purchased became part of the site). The old surface impoundment 

was deactivated in 1989. DHEC concluded that further migration of contaminants was not likely. In 1996, DHEC 

approved a mixing zone and compliance boundary with ongoing monitoring around the inactive impoundment. In 

2000, further MCL exceedances of arsenic were reported at and outside the original compliance boundary. 

Geophysical investigation revealed the exceedances were due to failures of the new surface impoundment slurry 

wall. Repairs to the slurry wall have been implemented and the mixing zone/compliance boundary expanded to 

include the new, active surface impoundment. Expanding the mixing zone and compliance boundary included 

requirements for groundwater monitoring at 15 wells, annual submittal of data, and comprehensive remedial system 

evaluation. For the 2007 CCR damage case assessment, a South Carolina’s Department of Health and 

Environmental Control (DHEC) confirmed that arsenic contamination is attributable to CCR waste management 

units and the limited likelihood of pathways to human receptors given limited migration. The facility manages 

effluents including ash pond discharge under a NPDES permit (SC0002020 ).

Previous Basis for Consideration

Scientific: There are exceedances of the health-based standard for arsenic at this site. While there are no known 

human exposure points nearby, some recent exceedances have been detected outside an established regulatory 

boundary.

Other Considerations

 Onsite arsenic above MCL 

 Other onsite wastes managed include coal pile runoff and low volume wastes including cooling tower 

blowdown and metal cleaning wastes

Classification

Potential Damage

Rationale

Arsenic on onsite groundwater exceeded the MCL. No indication of offsite migration or potential impact to 

receptors.
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

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Additional Sources

Response to EPA Request for Information, Coal Ash Impoundment Survey Results

http://www.epa.gov/osw/nonhaz/industrial/special/fossil/surveys/sceg.pdf accessed 10/28/10

South Carolina Groundwater Contamination Inventory, Technical Report #002-08, October 2008

National Pollutant DischargeElimination System (NPDES) Permit for Discharge to Surface Waters Permit No. 

SC0002020

Post and Courier Interview with DHEC, 2008 http://media.charleston.net/2008/text/DHECinterview.doc accessed 

10/29/10
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

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11) Belews Lake

Stokes, Rockingham, Guilford, and Forsyth Counties, NC

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Cooling Lake

Brief Description

This lake was impounded in the early 1970s to serve as a cooling reservoir for a large coal-fired power plant. Fly ash 

was disposed in a settling basin, which released selenium-laden effluent in return flows to the lake. Sixteen of the 20 

fish species originally present in the reservoir were entirely eliminated.

Previous Basis for Consideration

Scientific: Evidence of extensive impacts on fish populations due to direct discharge to a surface water body. 

Administrative: the State required changes in operating practices to mitigate the contamination.

Other Considerations

 State required operating changes to mitigate contamination. Fish Advisory issued 

Classification

Proven Damage

Rationale

Selenium discharge impacted fish population

Site Notes

 State fish advisory lifted Dec 2000.

Additional Sources

Ecological Assessment of Selenium in the Aquatic Environment, Appendix A. Selected Case Studies of Ecosystem 

Contamination by Selenium, Terry F. Young et. al. Edited by Peter M. Chapman et. al., CRC Press 2010, 

Pages 257–292

Gillespie and Bauman, 1986: Effects of High Tissue Concentrations on Reproduction by Bluegills, In Draft Aquatic 

Life Water Quality Criteria for Selenium, EPA-822-D-04-001, November 2004.

http://www.epa.gov/waterscience/criteria/selenium/pdfs/complete.pdf

Lemly, 1993b: Teratogenic Effects of Selenium in Natural Populations of Freshwater Fish. In Draft Aquatic Life 

Water Quality Criteria for Selenium, EPA-822-D-04-001, November 2004.

http://www.epa.gov/waterscience/criteria/selenium/pdfs/complete.pdf
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

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12) DOE Savannah River Project

US Department of Energy

Aiken, Allendale, and Barnwell Counties, SC

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Surface Impoundment

Brief Description

The Savannah River Site (SRS) is a 310-square mile reservation on the Upper Coastal Plain of South Carolina 

established in 1950 for the production and processing of nuclear materials for national defense requirements. The 

Department of Energy manages SRS as a controlled area with limited public access. The SRS is on the NPL with 

hundreds of identified waste sites managed as nearly 100 CERCLA operable units. The D-Area Electric and Steam 

Generating Facility is a 70 MW coal fired utility on SRS generates CCRs which are sluiced to a series of open 

settling basins. A continuous flow of sluice water exits the basins, overflows, and enters a swamp that in turn 

discharges to Beaver Dam Creek. Bullfrog tadpoles inhabiting the site have oral deformities and impaired swimming 

and predator avoidance abilities, and there also is evidence of metabolic impacts on water snakes inhabiting the site.

Area remediation strategy included removal of numerous structures, capping of surface impoundment, and 

implementation of land use controls to limit future potential receptors.

Previous Basis for Consideration

Scientific: Evidence of impacts on several amphibian species in a nearby wetland caused by releases from the ash 

settling ponds.

Other Considerations

 Other wastes at SRS but technical studies implicate CCRs in the ecological impacts from this localized 

source

Classification

Proven Damage

Rationale

Technical studies implicate CCRs in ecological impacts to biota through surface water

Additional Sources

Impacts of Aquatic Disposal of Coal Combustion By-Products on Vertebrates on the Savannah River Site, William 

A. Hopkins and Christopher L. Rowe, from the Proceedings of State Regulation Of Coal Combustion By-Product

Placement At Mine Sites: A Technical Interactive Forum, Wyndham Hotel Harrisburg, Pennsylvania May 4-6, 2004

http://www.mcrcc.osmre.gov/MCR/Resources/ccb/PDF/State_Regulation_of_CCB_Placement.pdf

Ecological Assessment of Selenium in the Aquatic Environment, Appendix A. Selected Case Studies of Ecosystem 

Contamination by Selenium, Terry F. Young et al. Edited by Peter M. Chapman et. al., CRC Press 2010, Pages 257–

292

USEPA Web Site, Second 5-Year Review Report, the 1995 and 1998 RODs for the D-Area Oil Seepage Basins, and 

the 1997 ROD for the D-Area Burning/Rubble Pit 

 The 1998 ROD for D-Area Oil Seepage Basins is located at 

http://www.epa.gov/superfund/sites/rods/fulltext/r0498114.pdf
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 16 DamageCaseEval_AppendixA-Final_v1

 The 1995 ROD for D- Area Oil Seepage Basins is located at 

http://www.epa.gov/superfund/sites/rods/fulltext/r0495218.pdf

 The 1997 ROD for the D-Area Burning/Rubble Pit is located at 

http://www.epa.gov/superfund/sites/rods/fulltext/r0497027.pdf

 The second five-year review is located at http://www.epa.gov/superfund/sites/fiveyear/f04-04015.pdf

2008 Savannah River Environmental Report:http://www.srs.gov/general/pubs/ERsum/er09/er2008.htm

Review of the Global Adverse Environmental Impacts to Ground Water and Aquatic Ecosystems from Coal 

Combustion Wastes; Donald S. Cherry, Rebecca J. Currie and David J. Soucek, Hoosier Environmental Council and 

Citizens Coal Council Indianapolis, IN, March 28, 2000
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 17 DamageCaseEval_AppendixA-Final_v1

13) E.J. Stoneman Generating Station Ash Disposal Pond

Dairyland Power Cooperative

Cassville, WI

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Surface Impoundment and landfill

Brief Description

Unlined surface impoundment, on permeable substrate, that managed ash, demineralizer regenerate, and sand filter 

backwash between the 1950s and 1987. During this period, on site ground water exceeded MCLs for cadmium and 

chromium and exceeded SMCLs for sulfate, manganese, iron, and zinc. Offsite wells had boron and sulfate elevated 

over background. Subsequent to ceasing disposal in this surface impoundment, the impoundment was consolidated 

and capped. Since 1989, coal ash has been managed in a double-lined landfill, with leachate collection. 

Previous Basis for Consideration

Scientific: Cadmium and chromium exceeded (health-based) primary MCLs, and contamination [boron and sulfate]

migrated to nearby, private drinking water wells; and Administrative: The State required closure of the facility.

Other Considerations

 Co-managed wastes included demineralizer regenerate and other water treatment wastes. 

 State required closure of facility primarily because location violated state requirements and potential for 

migration

 Offsite ligration of boron and sulfate at elevated levels not exceeding health based standards

Classification

Potential Damage

Rationale

On site groundwater exceeded MCLs for cadmium and chromium and SMCLs for iron, manganese, sulfate, and 

zinc. Boron and sulfate contamination have migrated to nearby private drinking water wells; however, there is no 

indication that these concentrations exceed health-based standards. 

Site Notes

 Cited as proven damage in the March 1999 Report to Congress;

Additional Sources

Technical Background Document For The Report To Congress On Remaining Wastes From Fossil Fuel 

Combustion: Potential Damage Cases, March 15, 1999
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 18 DamageCaseEval_AppendixA-Final_v1

14) WEPCO Highway 59 Landfill

WE Energies

Waukesha, WI

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Sand and Gravel Pit

Brief Description

The approximately 30 acre ash unlined landfill is located in a former gravel quarry that received an estimated 

500,000 cubic yards of fly ash and bottom ash between 1969 and 1978. Waste thickness ranged from less than 10 ft 

to more than 40 ft. Approximately 8,000 cubic yards of ash was deposited below the water table in the pond on the 

northern portion of the site. Groundwater monitoring between 1988 and 1998 indicated concentrations exceeded 

state criteria but not MCLs. There is a closed municipal landfill and a closed foundry waste landfill adjacent to the 

ash landfill. State required groundwater investigation due to the exceedance of state enforceable criteria. WEPCO 

submitted an environmental contamination assessment (ECA) report in 1995 and a remediation plans in 1999. 

Landfill underwent closure including excavation of approximately 8000 cubic yards ash in direct contact with 

groundwater and placement of an engineered cap. Remediation has been performed. The facility is inactive and 

maintained as green space.

Previous Basis for Consideration

Scientific: Although the boron standard was not health-based at the time of the exceedances, the boron levels 

reported for the facility would have exceeded the State's recently promulgated health-based Enforceable Standards

for boron; and contamination from the facility appears to have migrated to off-site private wells. And 

Administrative: As a result of the various Preventative Action Limit and Enforceable Standard exceedances, the 

State required a ground water investigation.

Other Considerations

 Offsite impact includes impacts from two adjacent waste sites: unregulated municipal waste dump and 

foundry sands waste disposal site

 As part of the remediation plan, WE Energies paid for the abandonment of contaminated private water 

supply wells and the connection to municipal water from the City of Waukesha.

 Offsite wells are downgradient of foundry sands landfill and municipal waste dump as well as coal ash 

landfill

 Upgradient as well as downgradient wells had elevated boron and sulfate 

 Several onsite wells screened in the waste indicating concentration of contaminants in leachate not 

groundwater

 State required investigation; remedial actions including closure performed but not under consent order

 Wisconsin Enforceable Standards are enforceable benchmarks to identify potential risk concerns; 

Preventative Action Limits are approximately 10% of MCLs and not comparable' risk based standards.

Classification

Proven Damage

Rationale

Groundwater exceeded state enforceable standards (boron) but not MCLs. Elevated offsite contaminants (boron and 

sulfate) appear CCR related despite adjacent landfills. Administrative action requiring assessment has no explicit 

finding of specific damage.
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 19 DamageCaseEval_AppendixA-Final_v1

Additional Sources

Groundwater Impacts from Coal Combustion Ash Disposal Sites in Wisconsin, Pub-Wa 1174 2004, Michael Zillmer 

and Philip Fauble, Wisconsin Dept. of Natural Resources Waste & Materials Management Division. 

http://www.dnr.wi.gov/org/aw/wm/publications/anewpub/WA1174.pdf
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 20 DamageCaseEval_AppendixA-Final_v1

15) Nelson Dewey Ash Disposal Facility

Alliant (formerly Wisconsin Power & Light)

Cassville, WI

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Originally a Surface Impoundment, then a Landfill

Brief Description

The approximately 24 acre, unlined landfill was originally constructed in the early 1960s as a series of settling 

basins for sluiced ash and permitted by the State in 1979. Groundwater monitoring indicated boron and sulfate 

onsite exceeded Wisconsin Enforceable Standards of boron, sulfate, and fluoride resulting in required groundwater

monitoring in 1993. Onsite groundwater exceeded MCLs for arsenic and selenium. The facility converted to dry ash 

handling operations in 1996. In 1997, the facility began capping. in accordance with WDNR requirements. All

portions of the facility were capped by 2001. Remediation has been performed and the facility is inactive.

Previous Basis for Consideration

Scientific: Although the boron standard was not health-based at the time of the exceedances, the boron levels 

reported for the facility would have exceeded the State's recently promulgated health-based ES for boron; and 

Administrative: The State required a ground water investigation, and the facility took action to remediate ground 

water contamination and prevent further contamination.

Other Considerations

 Onsite groundwater exceeded MCLs for arsenic and selenium.

Classification

Potential Damage

Rationale

Onsite groundwater exceeded MCL for arsenic and selenium. Administrative action required groundwater 

investigation without explicit finding of specific damage. 

Additional Sources

Groundwater Impacts from Coal Combustion Ash Disposal Sites in Wisconsin, Pub-Wa 1174 2004, Michael Zillmer 

and Philip Fauble, Wisconsin Dept. of Natural Resources Waste & Materials Management Division. 

http://www.dnr.wi.gov/org/aw/wm/publications/anewpub/WA1174.pdf
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 21 DamageCaseEval_AppendixA-Final_v1

16) WEPCO Cedar-Sauk Landfill

Cedarburg, WI

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Sand and Gravel Pit

Brief Description

This unlined landfill located in a former sand and gravel pit received CCRs from the WEPCO Port Washington 

Power Plant from 1969 to 1979. The landfill was located in an area of shallow groundwater and relatively permeable 

media. After closure of the facility, ground water monitoring revealed onsite groundwater exceeded the MCL for 

selenium, the State standard for boron, and the secondary MCL for sulfate. Vegetative damage resulting from boron 

uptake also was observed in a nearby wetland and verified by analysis of boron at elevated levels in impacted plant 

tissues. 

Previous Basis for Consideration

Scientific: selenium in offsite (?) ground water exceeded the (health-based) primary MCL, and there was clear 

evidence of vegetative damage; and Administrative: The State required remedial action.

Other Considerations

 WIDNR study of stressed vegetation offsite implicated boron from landfill

 Onsite groundwater exceeded MCL for selenium and WI Enforceable standard/SMCL for Boron, Sulfate

 Several onsite wells screened in the waste indicating concentration of contaminants in leachate not 

groundwater

 Since 1984 only one selenium exceedance in 1997 with selenium only alongside landfill footprint

Classification

Proven Damage

Rationale

Documented study of ecological impact in adjacent wetland due to CCR contamination, including stressed 

vegetation and bioaccumulation in plant tissues of boron.

Additional Sources

Groundwater Impacts from Coal Combustion Ash Disposal Sites in Wisconsin, Pub-Wa 1174 2004, Michael Zillmer 

and Philip Fauble, Wisconsin Dept. of Natural Resources Waste & Materials Management Division. 

http://www.dnr.wi.gov/org/aw/wm/publications/anewpub/WA1174.pdf
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 22 DamageCaseEval_AppendixA-Final_v1

17) Port Washington Facility

Wisconsin Electric Power Co. (WEPCO)

Port Washington, WI

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Sand and Gravel Pit 

Brief Description

The power company placed 40- to 60-foot-deep column of fly ash in a sand and gravel pit from 1948 to 1971. This 

15-acre coal ash fill in and adjacent to a former limestone quarry received approximately 735,000 cubic yards of 

coal ash. A well located ~ 250’ south of the old quarry was reportedly impacted. However the well is reportedly onsite with selenium exceeding the Preventative Action Limit, not MCL or enforceable standard. Boron exceeds 

current Wisconsin enforceable standard although there was no standard at that time. 

Previous Basis for Consideration

Scientific: The off-site exceedance of a health-based standard for selenium

Other Considerations

 The property with the quarry and impacted private well that had pre-remediation boron and sulfate 

exceedances was purchased by the utility and retired.

 No Selenium value exceeded the MCL.

Classification

Not a Damage Case

Rationale

No exceedances of MCL or comparable health based standard. 

Additional Sources

Groundwater Impacts from Coal Combustion Ash Disposal Sites in Wisconsin, Pub-Wa 1174 2004, Michael Zillmer

and Philip Fauble, Wisconsin Dept. of Natural Resources Waste & Materials Management Division. 

http://www.dnr.wi.gov/org/aw/wm/publications/anewpub/WA1174.pdf
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 23 DamageCaseEval_AppendixA-Final_v1

18) North Lansing Landfill

Lansing Board of Water & Light (LBWL)

Lansing, MI

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Gravel Pit 

Brief Description

This 27 acre unlined landfill is located in a former gravel quarry pit with an elevated ground water table. It was 

licensed in 1974 for disposal of inert fill materials, including soil, concrete, and brick. From 1980 to 1997, the NLL 

was used for disposal of approximately 1 million cubic yards of coal ash from the Lansing Board of Water and Light 

electric and steam generating plants. Onsite groundwater exceeded MCLs for lead and selenium, state standards for 

lithium, and SMCLs for manganese, boron, and sulfate. Upgradient wells contain significant contaminants including 

arsenic above the MCL , several metals above SMCLs, and elevated other contaminants including volatile organics 

and ammonia.

Previous Basis for Consideration

Scientific: Observation of off-site exceedances of the State's health-based standard for lithium.

Other Considerations

 Consent order and remediation order signed with state for contamination in on-site wells

 MIDEQ administrative action for monitoring and assessment of on site well contamination

 The site is located alongside a former landfill, industrial waste disposal sites, and a superfund site.

Classification

Potential Damage

Rationale

Onsite groundwater exceeds MCLs for lead and selenium and SMCLs for manganese, boron, and sulfate.. Lithium 

exceeds state risk screening standard for lithium offsite, but complex background and potential sources suggest 

partial contribution from other waste sites

Additional Sources

Superfund Record of Decision: Motor Wheel, MI EPA, EPA/ROD/R05-91/172, September 1991

http://www.epa.gov/superfund/sites/rods/fulltext/r0591172.pdf
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 24 DamageCaseEval_AppendixA-Final_v1

19) Northern Indiana Public Service Corp. (NIPSCO) Yard 520 Landfill Site 

(Brown's Landfill)

Northern Indiana Public Service Corp. (NIPSCO)

Township of Pines, Porter County, IN

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Landfill and Structural Fill

Brief Description

NIPSCO's Bailly and Michigan City power plants have deposited ~ 1 million tons of fly ash in the Town of Pines 

since 1983. Fly ash was buried in the landfill and used as construction fill in the town. The ash is pervasive on site, 

visible in roads and driveways. Resident complaints lead to discovery of contaminated groundwater, a 2001 

Preliminary Assessment and Site Investigation, and ultimately recommendation by IDEM for addition of the site to 

the EPA NPL. Site investigations implicated the Pines Yard 520 Landfill site as the likely source of contamination 

of residential water wells by heavy metals (manganese, boron, molybdenum, arsenic, lead and ionizing radiation) 

from fly ash. Elevated levels of contaminants not associated with coal ash, such as volatile organic compounds 

(VOCs) and MTBE, indicate additional sources of contamination. EPA and IDEM negotiated an Administrative 

Order of Consent 

Previous Basis for Consideration

Scientific: Evidence for boron, molybdenum, arsenic, and lead exceeding health-based standards in water wells 

away from the Pines Yard 520 Landfill site; and Administrative: Orders of consent signed between EPA and IDEM 

with responsible parties for continued work at the site.

Other Considerations

 EPA order of consent requiring remediation, and correcting of contaminated offsite water supplies

 Boron, molybdenum, arsenic and lead were detected in offsite wells above unspecified health based 

standards

 A recently conducted Gamma Ray count survey indicates exceedances of EPA’s soil cleanup radiation 

standards (5 pCi/g)

Classification

Proven Damage

Rationale

Offsite groundwater exceeds MCLs for arsenic and selenium. Administrative Consent Orders were for site 

assessment and delineation of nature and extent but did not contain explicit findings of specific damages. 

Additional Sources

Administrative Order of Consent, 

Remedial Investigation Report, Pines Area of Investigation AOC II , Docket No. V-W-’04-C-784, March 2010

Gamma Count Rate Survey in Pines, Indiana, Conducted October 10 – 15, 2009 PINES (People in Need of 

Environmental Safety), October 27, 2009. http://www.pineswater.org/RadSurveyPINES.htm
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 25 DamageCaseEval_AppendixA-Final_v1

20) Brandy Branch Reservoir

Marshall, TX

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Cooling Reservoir

Constituents of Concern

Selenium

Brief Description

Brandy Branch Reservoir, which is also known as Hallsville or Pirkey Lake, is located southwest of Marshall in 

Harrison County. The reservoir is an impoundment of Brandy Branch Creek. The 1,242-acre reservoir was 

constructed in 1983 to serve as a cooling pond for Southwestern Electric Power’s Pirkey Power Plant. The cooling 

reservoir received discharges from surface impoundments containing elevated levels of selenium. In 1992, the Texas 

Department of State Health Services (DSHS; then known as TDH) issued an advisory restricting the consumption of 

fish from the reservoir based on selenium concentrations in the fish.

Previous Basis for Consideration

Scientific: Observations of impacts on fish populations were confirmed by scientific study, based on which the State 

concluded that the impacts were attributable to the ash ponds. Administrative: the State issued a fish consumption 

advisory as a result of the contamination.

Other Considerations

 No observable impacts on fish population in this case. Brandy Branch was included in early studies because 

of fish kills reported at nearby Martin’s Creek Reservoir (Case #22)

 Fish Consumption advisory issued; Advisory because of selenium concentrations in fish tissue rescinded 

because concentrations were not above new allowable selenium standard

 ATSDR/TDH reevaluated risk in using new samples collected in 1996-1997 and found no risk

Classification

Not a Damage Case

Rationale

No indicator of damage due to elevated selenium in surface water and fish tissue. There is no study finding specific 

damage to fish in the Brandy Branch Reservoir due to elevated selenium..

Site Notes

 Advisory lifted after 2003 fish sampling and analysis of human health risk. New allowable concentrations 

would not have been exceeded. 

 The State of Texas raised the allowable selenium concentration in fish tissue from 2 to 6 ppm (dry weight) 

in 2004 and rescinded the old value. 

Additional Sources

Texas Commission on Environmental Quality Assessment of Brandy Branch Reservoir, 

http://www.tceq.state.tx.us/implementation/water/tmdl/15-brandybranchreservoir.html
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 26 DamageCaseEval_AppendixA-Final_v1

Ecological Assessment of Selenium in the Aquatic Environment , Appendix A. Selected Case Studies of Ecosystem 

Contamination by Selenium, Terry F. Young et. al., Edited by Peter M. Chapman et. al. CRC Press 2010, 

Pages 257–292

Health Consultation Brandy Branch Reservoir Marshall, Harrison County, TX , September 30, 1998, Agency for 

Toxic Substances and Disease Registry, http://www.atsdr.cdc.gov/HAC/pha/PHA.asp?docid=114&pg=0 accessed 

10/27/10
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 27 DamageCaseEval_AppendixA-Final_v1

21) Southwestern Electric Power Company Welsh Reservoir

Southwestern Electric Power Company

Mount Pleasant, TX

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Cooling Reservoir

Constituents of Concern

Selenium

Brief Description

This lake was constructed in 1976 to serve as a cooling reservoir for a power plant and receives discharges from an 

open surface impoundment. The Texas Parks and Wildlife Department's monitoring documents elevated levels of

selenium and other metals in fish. The Texas Parks and Wildlife Department (TPWD) reported levels of selenium in 

Welsh Reservoir fish ranging from 2.28 to 4.41 ppm from 1986-1989.

Previous Basis for Consideration

Scientific: selenium accumulation in fish may be attributable to the ash settling ponds. Administrative: The State has 

issued a fish consumption advisory as a result of contamination.

Other Considerations

 Fish tissue selenium concentration 

 Fish Consumption advisory issued; Advisory because of selenium concentrations in fish tissue rescinded 

because concentrations were not above new allowable selenium standard

 ATSDR/TDH reevaluated risk in using new samples collected in 1998 and found no risk

Classification

Not a Damage Case

Rationale

No indicator of damage due to elevated selenium in surface water and fish tissue

Site Notes

The State of Texas raised the allowable selenium concentration in fish tissue from 2 to 6 ppm (dry weight) in 2004 

and rescinded the old value. Advisory lifted in 2004. Note that this case does not mention fish population impact.

Additional Sources

Ecological Assessment of Selenium in the Aquatic Environment, Appendix A. Selected Case Studies of Ecosystem 

Contamination by Selenium, Terry F. Young et. al. Edited by Peter M. Chapman et. al. CRC Press 2010, Pages 257–

292

Texas Commission on Environmental Quality Assessment of Welsh Reservoir, 

http://www.tceq.state.tx.us/implementation/water/tmdl/14-welshreservoir.html
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 28 DamageCaseEval_AppendixA-Final_v1

Health Consultation Welsh Reservoir Mount Pleasant, Titus County, TX, September 30, 1998, Agency for Toxic 

Substances and Disease Registry, http://www.atsdr.cdc.gov/HAC/pha/PHA.asp?docid=145&pg=0 accessed 

10/14/10
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 29 DamageCaseEval_AppendixA-Final_v1

22) Texas Utilities Electric Martin Lake Reservoir

Texas Utilities Electric

Tatum, TX

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Cooling Reservoir

Constituents of Concern

Selenium

Brief Description

This lake was constructed in 1974 to serve as a cooling reservoir for a power plant and was the site of a series of 

reported fish die-off in 1978 and 1979. Investigations determined that unpermitted discharges from ash settling 

ponds resulted in elevated levels of selenium in the water and fish.

Previous Basis for Consideration

Scientific: Evidence of adverse effects on wildlife--impacts on fish populations were observed, and the State 

concluded that the impacts were attributable to the ash settling ponds. Administrative: The State has issued a fish 

consumption advisory as a result of the contamination.

Other Considerations

 Fish Consumption advisory issued; Advisory because of selenium concentrations in fish tissue rescinded 

because concentrations were not above new allowable selenium standard

 Three year fish study demonstrated reduced biomass and slow fish die-off impacting primarily smaller, 

planktivores (e.g., shads and shiners)

 Dead fish had elevated selenium relative to background fish and impacts (enlarged kidneys, hemorrhaging) 

consistent with selenium overexposure

Classification

Proven Damage Case

Rationale

No indicator of human health damage due to elevated selenium in surface water and fish tissue. Reported slow fish 

die-off demonstrated in three year study reducing total biomass, population, and diversity.

Site Notes

 Advisory lifted in 2004. The State of Texas raised the allowable selenium concentration in fish tissue from 2 

to 6 ppm (dry weight) in 2004 and rescinded the old value. 

Additional Sources

Ecological Assessment of Selenium in the Aquatic Environment, Appendix A. Selected Case Studies of Ecosystem 

Contamination by Selenium, Terry F. Young et. al. Edited by Peter M. Chapman et. al. CRC Press 2010, Pages 257–

292

Texas Commission on Environmental Quality Assessment of Martin Creek Reservoir,

http://www.tceq.state.tx.us/assets/public/implementation/water/tmdl/12martin/12-martin.pdf
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 30 DamageCaseEval_AppendixA-Final_v1

Selenium induced changes in fish populations of a heated reservoir, Gary Garrett, Charles Inman, Proc. Annual 

Conf., Southeastern Fish & Wildlife Assoc., 1984, pp 291-299.

Health Consultation Martin Creek Lake Henderson, Rusk and Panola counties, TX, September 17, 1998, Agency for 

Toxic Substances and Disease Registry, http://www.atsdr.cdc.gov/HAC/pha/PHA.asp?docid=117&pg=0 accessed 

10/27/10
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 31 DamageCaseEval_AppendixA-Final_v1

23) W.J. Neal Station Surface Impoundment

Basin Electric Power Cooperative

Velva, ND

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Surface Impoundment

Brief Description

An unlined, 44-acre surface impoundment received fly ash and scrubber sludge from a coal-fired power plant, along 

with other wastes (including ash from the combustion of sunflower seed hull, between the 1950s and the late 1980s.)

The facility was closed by the State of North Dakota between 1989 and 1990. In 1990, ash was consolidated to a 22-

acre footprint and capped with 18-inches of clay. 

Previous Basis for Consideration

Scientific: Several constituents have exceeded their (health-based) primary MCLs in down-gradient ground water, 

and the site inspection found documentation of releases to ground water and surface water from the site; and 

Administrative: the State required closure of the facility.

Other Considerations

 State study found releases to surface and groundwater, required closure of facility; No offsite impacts 

associated with CCP's, a few onsite impacts and a few uncertain source impacts. 

 MCL exceedances for arsenic and chromium and SMCL for aluminum in down gradient wells

 MCL exceedances for cadmium and lead and SMCL for zinc in an onsite public water supply well

 Documentation of releases to ground and surface water from the site. 

 Groundwater exceedances were downgradient but onsite with no indication of offsite migration since 

closure

Classification

Potential Damage

Rationale

Onsite groundwater exceeds MCLs for arsenic, cadmium, chromium, and lead and SMCLs for aluminum and zinc.. 

The State of North Dakota required closure of the facility without any explicit finding of specific damage.

Additional Sources
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 32 DamageCaseEval_AppendixA-Final_v1

24) Cooperative Power Association/United Power Coal Creek Station Surface 

Impoundments

Cooperative Power Association

Underwood, ND

Source Document

Coal Combustion Waste Damage Case Assessments, docket ID EPA-HQ-RCRA-2006-0796-0015, U.S. EPA Office 

of Solid Waste, July 9, 2007 

Type

Evaporation ponds and surface impoundments

Brief Description

This site includes a number of evaporation ponds and surface impoundments that were constructed in 1978 and 

1979. Both the surface impoundments and the evaporation ponds leaked significantly upon plant start-up. A ND 

DOH regulator was uncertain as to whether a liner was initially installed, "although the plant may have thought they 

were placing some sort of liner." The surficial soils were mostly sandy materials with a high water table. In 1990, 

the State of North Dakota required re-lining of the pond with a composite liner.

Previous Basis for Consideration

Scientific: Arsenic and selenium exceeded (health-based primary MCLs;) and Administrative: The State required 

remedial action.

Other Considerations

 Nearby foundry sands disposal

 Onsite arsenic and selenium above MCLs

 Sulfate and chloride above SMCL 

 State required investigation/remedial action

Classification

Potential Damage

Rationale

Onsite ground water exceeded MCLs for arsenic and selenium. The State of North Dakota required closure of the 

facility without any explicit finding of specific damage.

Site Notes

 Nearest neighbor more than 2 miles away; under remediation and monitoring program; all ponds relined

with synthetic liners; may no longer pose potential risk

Additional Sources
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 33 DamageCaseEval_AppendixA-Final_v1

25) Martin's Creek Power Plant 2005 Release

Mount Bethel Township, PA

Source Document

Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Hazardous and Solid Waste Management System; 

Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals from Electric Utilities (CCR 

Proposed Rule )

Type

Surface Impoundment

Brief Description

In August 2005, a dam confining a 40-acre CCR surface impoundment failed. The dam failure, a violation of the 

State's solid waste disposal permit, resulted in the discharge of 0.5 million cu. yds of coal-ash and contaminated 

water into the Oughoughton Creek and the Delaware River. Ground water monitoring found selenium and 

chromium concentrations exceeding Pennsylvania's Statewide Health Standards and Federal primary drinking water 

standards, and there were also exceedances of the SMCL for iron.

Previous Basis for Consideration

Scientific: Exceedances of primary and SMCLs in on-site ground water, and exceedances of Federal water quality 

criteria in off-site surface water; and Administrative: PA DEP issued a consent order for clean up.

Other Considerations

 Onsite selenium and chromium exceed MCLs

 Offsite groundwater impacts: aluminum, copper, iron, manganese and silver

 Surface water at outfall arsenic, lead, nickel and zinc exceed AWQC

 Dam failure released coal ash into surface water

 Consent order for cleanup

Classification

Proven Damage

Rationale

Offsite MCL exceedances reported. Dam failure impacted river environment. Administrative orders for remediation 

due to surface water impacts.

Additional Sources

Assessment of Water Column Data Collected in Response to a Fly Ash Release on the Delaware River, Delaware 

River Basin Commission, John R. Yagecic, P.E., June 19, 2006

Notice of Intent to File Citizen Suit, Arthur J. Russo, Jeffery M. Russo, Law Offices, September 20, 2005

Phase II – Delaware River Fly Ash Release Recovery Operations, Work plan Description of Portadam Installation & 

Fly Ash Removal, PPL – Martins Creek Steam Electric Station, Lower Mt. Bethel, PA, September 23, 2005

Phase III – Delaware River Fly Ash Release Recovery Operations, Work Plan Description - Dredging Operations, 

Fly Ash Impacted Riverbed Removal, PPL – Martins Creek Steam Electric Station, Lower Mt. Bethel, PA, 

December 12, 2005

Phase IV Completion report, Martins Creek Steam Electric Station, Arcadis BBL, June 2007
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 34 DamageCaseEval_AppendixA-Final_v1

26) TVA Kingston 2008 Release

TVA

Kingston, TN

Source Document

Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Hazardous and Solid Waste Management System; 

Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals from Electric Utilities (CCR 

Proposed Rule )

Type

Surface Impoundment

Brief Description

On December 22, 2008, the northeastern dike of a surface impoundment failed. About 5.4 million cubic yards of fly 

ash sludge was released over about a 300-acre area and into a branch of the Emory River, disrupting power, 

rupturing a gas line, and destroying or damaging scores of homes. Sampling results for the contaminated residential 

soil showed arsenic, cobalt, iron, and thallium levels above the residential Superfund soil screening levels.

Previous Basis for Consideration

Administrative: On May 11, 2009, TVA agreed to clean up more than 5 million tons of spilled coal ash under an 

administrative order and agreement on consent under CERCLA issued by the USEPA, and in early January 2009, 

the Tennessee Wildlife Resources Agency (TWRA) issued a fish advisory stating that until further notice, fishing 

should be avoided in the lower section of the Emory River.

Other Considerations

 Dike failure lead to massive release of fly ash sludge into river. arsenic, cobalt, iron, Thallium above 

residential soil screening levels

 Orders include CERCLA (EPA) administrative order to for clean up., State issued fish advisory, and State 

administrative action

Classification

Proven Damage

Rationale

Large scale failure impacted river environment; Administrative order included fish advisory due to risk from CCR 

contaminants

Additional Sources

Preliminary Summary Report from Water, Sediment and Fish samples collected at the TVA Ash Spill by 

Appalachian State University, Appalachian Voices, Tennessee, Aquarium and Wake Forest University, 2009

http://www.appvoices.org/resources/AppVoices_TVA_Ash_Spill_Report_May15.pdf Accessed: October 6, 2010.

Survey of the Potential Environmental and Health Impacts in the Immediate Aftermath of the Coal Ash Spill in 

Kingston, Tennessee, Laura Ruhl et al., Environmental Science and Technology, 2009, Volume 43, Number 16, pp. 

6326–6333. http://www.ejrc.cau.edu/Statements%2010-27-09/Attachment%202_Duke%20Study.pdf Accessed: 

October 6, 2010.

USEPA, REGION 4, Administrative Order and Agreement on Consent, TVA Kingston Fossil Fuel Plant, Tennessee 

Valley Authority Release Site, Roane County, Tennessee, Docket No.: CERCLA-04-2009, May 2009

http://edocket.access.gpo.gov/2009/pdf/E9-21400.pdf Accessed: October 6, 2010.
APPENDIX A – Reassessment of Previously Identified Proven Damage Cases October 2010

Do Not Cite or Quote 35 DamageCaseEval_AppendixA-Final_v1

27) BBBS Sand and Gravel Quarries

Gambrills, MD

Source Document

Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Hazardous and Solid Waste Management System; 

Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals from Electric Utilities (CCR 

Proposed Rule )

Type

Sand and Gravel Pits

Brief Description

As of 1995, the defendants used fly ash and bottom ash from two Maryland power plants to fill excavated portions 

of two unlined sand and gravel quarries. Groundwater samples collected in 2006/07 from residential drinking water 

wells near the site indicated contaminants at or above groundwater quality standards. Testing of private wells in 83 

homes and businesses in areas around the disposal site revealed MCL exceedances in 34 wells, and SMCLs 

exceedances in 63 wells.

Previous Basis for Consideration

Scientific: Documented exceedances of MCLs in numerous off-site drinking water wells; Administrative: on 

October 1, 2007, the Maryland Department of the Environment (MDE) filed a consent order in Anne Arundel 

County, Maryland Circuit Court to settle an environmental enforcement action against the owner of a sand and 

gravel quarry and the owner of coal-fired power plants for contamination of public drinking water wells in the 

vicinity of the sand and gravel quarry.

Other Considerations

 Documented offsite MCL exceedances at numerous wells

 State filed consent order 

Classification

Proven Damage

Rationale

Offsite MCLs exceedances were reported. Administrative order found contamination of offsite drinking water wells 

impacted public.

Additional Sources

Consent Agreement, 2008-2010 Quarterly Reports, Fly Ash Settlement Agreement, and Alternatives Analysis and 

Proposed Remediation Report. 

http://www.communityashupdate.com/documents.html Accessed: October 6, 2010.

Alternatives Analysis and Proposed Remediation Report, BBSS Site Millersville, Maryland, Project No. 1892, 

Natural Resource Technology, Inc. May 5, 2008.

http://www.communityashupdate.com/pdf/BBSS%20Alternatives%20Analysis%20and%20Proposed%20Remediati

on%20Report.pdf Accessed: October 6, 2010.