Appendix C: Assessment of August 2010 Alleged Damage Cases 

1) Flint Creek Power Plant, American Electric Power - SWEPCO Gentry, AR.....................................1

2) Independence Steam Station, Entergy - AP & L Newark, AR...........................................................3

3) Montville Generating Station, NRG Energy / Montville Power Montville, CT ...............................5

4) CD McIntosh Jr. Power Plant, City of Lakeland Lakeland, FL........................................................8

5) George Neal Station North Landfill, MidAmerican Energy Company Sergeant Bluff, IA.............10

6) George Neal Station South Ash Monofill, MidAmerican Energy Company Salix, IA ...................12

7) Lansing Station Ash Ponds and Landfill, Alliant Energy – IP&L Lansing, IA ..............................14

8) Joliet Generating Station 9 – Lincoln Stone Quarry Landfill, Midwest Generation Joliet, IL .......16

9) Marion Plant, Southern Illinois Power Cooperative Marion, IL......................................................19

10) Venice Power Station, Union Electric Company/Ameren Energy – AmerenUE Venice, IL ..........21

11) Mill Creek Station, Louisville Gas and Electric Louisville, KY......................................................24

12) Shawnee Fossil Plant, Tennessee Valley Authority Paducah, KY...................................................26

13) Spurlock Power Station, Eastern Kentucky Power Cooperative Maysville, KY.............................28

14) Big Cajun 2 Power Plant, NRG Energy - Louisiana Generating, LLC New Roads, LA.................30

15) Dolet Hills Power Station, CLECO Power LLC Mansfield, LA .....................................................32

16) Rodemacher Power Station, CLECO Power, LLC Lena, LA..........................................................34

17) JR Whiting Generating Plant, CMS Energy – Consumers Energy Erie, MI....................................36

18) Dan River Steam Station, Duke Energy Eden, NC..........................................................................38

19) Antelope Valley Station, Basin Electric Power Cooperative Beulah, ND.......................................40

20) Leland Olds Station, Basin Electric Power Cooperative Stanton, ND.............................................42

21) Sheldon Station, Nebraska Public Power District Hallam, NE........................................................44

22) Cayuga Coal Ash Disposal Landfill, AES Lansing, NY..................................................................46

23) Cardinal Fly Ash Reservoirs, American Electric Power Brilliant, OH............................................48

24) General James M. Gavin Power Plant, AEP- Ohio Power Company Cheshire, OH .......................50

25) Industrial Excess Landfill (IEL) Superfund Site Uniontown, OH ...................................................52

26) Muskingum River Plant, AEP- Ohio Power Company Beverly, OH...............................................54

27) Northeastern Station Ash Landfill, AEP- Public Service Company of Oklahoma Oologah, OK....56

28) Boardman Plant, Portland General Electric Company (PGE) Boardman, OR.................................58

29) Bruce Mansfield Power Station, FirstEnergy Shippingport, PA......................................................60

30) Hatfield’s Ferry Power Station, Allegheny Energy Supply Company Masontown, PA..................62

31) Big Stone Power Plant, Otter Tail Power Big Stone City, SD.........................................................65

32) Cumberland Steam Plant, Tennessee Valley Authority Cumberland City, TN ...............................67

33) Gallatin Fossil Plant, Tennessee Valley Authority Gallatin, TN .....................................................69

34) Johnsonville Fossil Plant, Tennessee Valley Authority New Johnsonville, TN ..............................71

35) Fayette Power Project (Sam Seymour), Lower Colorado River Authority La Grange, TX.............73

36) Clinch River Plant, AEP – Appalachian Power Company Cleveland, VA......................................75

37) Glen Lyn Plant, AEP – Appalachian Power Company Glen Lyn, VA............................................77

38) Columbia Energy Center, Alliant Energy – Wisconsin Power and Light Pardeeville, WI...............79

39) Oak Creek Power Plant Wisconsin Energy – Wisconsin Electric Power Oak Creek, WI .............81
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 1 DamageCaseEval_AppendixC_Final_v1 

1) Flint Creek Power Plant

American Electric Power - Southwestern Electric Power Company 

(SWEPCO) 

Gentry, AR

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill and Surface Impoundments

Background and Description

The Flint Creek Power Plant site contains a 40-acre landfill which has been in operation since 

1978 but was only permitted in 1994. The current landfill permit allows for disposal of dried fly 

ash and dredged bottom ash. It is unknown whether the landfill is lined. The site also contains a 

30-acre primary ash pond and a 3.2-acre secondary ash pond located south of the plant 

operations area. Surface impoundments at Arkansas power plants are used for storage, not 

disposal, of CCR. The SWEPCO ponds at Flint Creek are managed for an exempted reuse of 

coal bottom ash; the ponds are dredged for re-use of the solids and/or their disposal elsewhere. 

The ponds and their dredged materials are exempt from regulation under the “use of recovered 

materials” provision in ADEQ Regulation 22. The Arkansas Department of Environmental 

Quality (ADEQ) required the facility to start monitoring in 2005 due to statistically significant 

increases in selenium, sulfate, pH, and total dissolved solids (TDS). The first groundwater 

monitoring at the site was undertaken in 1994, and in 2005 the ADEQ began to require 

assessment monitoring at the site; however, no offsite groundwater data is available. The plant 

has a National Pollutant Discharge Elimination System (NPDES) permit (No. AR0037842.)

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that onsite groundwater is contaminated with barium, 

cadmium, chromium, lead, and selenium at levels greater than EPA Maximum Contaminant Levels 

(MCLs) and Arkansas Groundwater Protection Standards (GWPSs); levels of iron, manganese, and silver 

above the GWPS; and pH, sulfate, and TDS exceeding EPA secondary MCLs (SMCLs). 

The EIJ/EP/SC August 2010 Report also notes that surface water samples of the landfill leachate have 

found a number of elevated contaminant concentrations. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded EPA MCLs for barium, cadmium, chromium, lead 

and selenium.

 Onsite groundwater data exceeded EPA SMCLs for pH, sulfate, and TDS.
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 2 DamageCaseEval_AppendixC_Final_v1 

Other Considerations

 The main ash pond also receives process wastewater and stormwater runoff. 

 Since 2007, the landfill permit has required that SWEPCO collect leachate samples from the 

discharge point, when present, at the southeast corner of the landfill. 

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCLs for barium, cadmium, chromium, lead, and 

selenium, and the SMCLs for pH, sulfate, and TDS have been found onsite. Leachate samples from the 

landfill contain elevated levels of barium, boron, chromium, lead, selenium, sulfate and TDS; however, 

there is no scientific study available that explicitly documents evidence of damage to human health or the 

environment. ADEQ issued an NOD to SWEPCO and requested installation of a leachate collection 

system; however this also does not have an explicit finding of specific damage. 

Additional Sources

US EPA, Facility Registry System, Facility Detail Report, SWEPCO Flint Creek Power Plant, Accessed 

Online Oct 2010. 

http://oaspub.epa.gov/enviro/fii_query_dtl.disp_program_facility?p_registry_id=110000452910

 No offsite groundwater data are available.

Criterion 2:  Surface water samples of leachate collected from a discharge point at the southeast 

corner of the landfill contain elevated levels of barium, boron, chromium, lead, 

selenium, sulfate, and TDS and have alkaline pH readings

Criterion 3:  ADEQ issued a Notice of Deficiency (NOD) to SWEPCO in 2008 due to an 

uncontrolled discharge of CCR leachate and requested AEP install a leachate 

collection system. As of March 2010, no leachate collection system has been installed.
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 3 DamageCaseEval_AppendixC_Final_v1 

2) Independence Steam Station

Entergy - Arkansas Power and Light (AP & L)

Newark, AR

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill and Wastewater Recycle and Surge Ponds

Background and Description

The Independence Steam Station site contains a fly ash and bottom ash landfill, two wastewater recycle 

ponds, a surge pond, and a coal storage pile. The landfill and surge pond are each nearly 3⁄4-mile long. A 

Class 3N Landfill permit was issued in 2002 for the landfill containing coal combustion residuals (CCRs) 

which has been in operation since at least 1990. The permit required that AP & L establish baseline water 

quality conditions. AP & L has also applied for a landfill expansion and the Arkansas Department of 

Environmental Quality (ADEQ) will require that the lateral expansion to the east of the existing landfill 

have a leachate collection system. The leachate is to be disposed of in the surge pond. There are 

reportedly 25 irrigation wells and three drinking water wells within a two-mile radius of the landfill. 

Several wells are immediately adjacent to the plant property; however, no offsite groundwater monitoring 

data is available. The plant has an National Pollutant Discharge Elimination System (NPDES) Permit 

(AR0037451.)

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that onsite groundwater is contaminated with arsenic, 

cadmium, and lead occurring at levels greater than EPA Maximum Contaminant Levels (MCLs), and 

iron, manganese, pH, sulfate, and total dissolved solids (TDS) exceeding EPA secondary MCLs 

(SMCLs). Additionally, the report asserts that strontium concentrations have been detected as high as 

2.72 mg/L, nearing the EPA’s current Lifetime Health Advisory Level of 4.0 mg/L. The report also notes 

that a number of wells right on the plant property line have shown exceedances of SMCLs, noting that 

this would indicate offsite contamination, though ADEQ has not undertaken any action to correct or 

investigate this contamination. The report does note that in 2002 the permit on the landfill required 

groundwater monitoring. However, as of 2007, the conditions of the permit’s monitoring had yet to be 

met. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded EPA MCLs for arsenic, cadmium, and lead.

 Onsite groundwater data exceeded EPA SMCLs for iron, manganese, pH, sulfate, and 

TDS.

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 4 DamageCaseEval_AppendixC_Final_v1 

Other Considerations

 The landfill permit issued in 2002 required that groundwater samples be collected to monitor 28 

heavy metal and indicator parameters, and that statistical analyses of increases in concentrations 

should serve as a basis for corrective actions. AP & L has recently stopped sampling 26 wells at 

the surge pond and plant areas without objection from ADEQ.

 NPDES Permit (AR0037451) focused on runoff from coal piles and various non-CCR wastestream including metal waste cleaning wastes, sanitary landfill, and cooling tower blowdown 

outfalls.

 Along with CCRs, the surge pond and the recycle ponds handle various process wastewaters. 

 Much of the local area is used for farming and it is noted that irrigation of surrounding farms does 

affect the groundwater flow underneath the plant, possibly affecting the migration of 

contaminants. 

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCLs for arsenic, cadmium, and lead, and the SMCLs for 

iron, manganese, sulfate, pH, and TDS have been found onsite. There are no administrative rulings or 

court decisions associated with the site.

Additional Sources

US EPA, Facility Registry System, Facility Detail Report,

http://oaspub.epa.gov/enviro/fii_query_dtl.disp_program_facility?p_registry_id=110000452705 accessed 

10/15/10

NPDES Permit AR0037451, June 30, 2006, http://www.epa-echo.gov/cgibin/npdespdf.cgi?filetype=P&npdes=AR0037451 accessed 10/20/10
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 5 DamageCaseEval_AppendixC_Final_v1 

3) Montville Generating Station

NRG Energy / Montville Power, LLC

Montville, CT

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Impoundments, Ash Settling Ponds, Coal and Ash Storage Area 

Background and Description

Montville Generating Station is a power plant sitting on a 50-acre site that began service in 1919. The 

plant operated as a coal plant until 1971 when it converted to oil. During the 52 years of its operation, 

coal ash and slurry was placed throughout the site including into a number of settling ponds and disposal 

lagoon. The ash disposal sites have all been inactive since the plant switched to oil. US EPA Resource 

Conservation and Recovery Act (RCRA) investigations at the site identified 14 Areas of Concern 

(AOCs), with only the Coal Ash Settling Ponds and Disposal Lagoon AOC related to coal ash 

contamination. The station lies on the Thames River and near populous areas. The Connecticut 

Department of Environmental Protection (CTDEP) estimates that there are over 300 private wells within 

2-miles of the station. The plant has a National Pollutant Discharge Elimination System (NPDES) permit

(No. CT0003115.)

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report claims groundwater contamination is related to CCRs although only 

the coal ash settling ponds and disposal lagoon are impacted primarily by CCR. The CTDEP has 

designated groundwater in the western part of the station as GA/GAA1(currently classified as GA or 

suitable for drinking water without treatment with a goal of improvement to GAA which is intended for 

high volume public water supplies) while groundwater in the eastern part is designated as GB. The report 

notes that arsenic and beryllium concentrations exceeded the primary EPA Maximum Contaminant Level 

(MCL) at monitoring wells in both sections of the station. The report also notes iron, manganese, and pH 

above their secondary EPA MCL (SMCL) in both sections. 

The EIJ/EP/SC August 2010 Report mentions that because groundwater from the site discharges into the 

Thames River, comparison to CTDEP’s Surface Water Protection Criteria (SWPC) is relevant. This 

comparison identified cadmium, copper, nickel, zinc, arsenic, and beryllium as exceeding the SWPC. 

The EIJ/EP/SC August 2010 Report also noted that soil samples in some of the AOC’s exceeded the 

Industrial/Commercial Direct Exposure Criteria (IC DEC) for arsenic, beryllium, and other unidentified 

metals.

 

1 Connecticut Water Quality Standard and Criteria (WQS) classifies surface and groundwater based on existing 

water quality, anticipated water quality needs, and proximity to other nearby zones to protect water resources. 

Groundwater is classified from GAA, GA, GB, GC, and GD in decreasing expectation of groundwater quality. Most 

discharges are severely limited in GA and GAA classified areas. Classification GB groundwater requires treatment 

before consumption and allows some greater flexibility in discharge limits. 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 6 DamageCaseEval_AppendixC_Final_v1 

Finally, the EIJ/EP/SC August 2010 Report mentions that in the late 1960’s the plant disposed of coal ash 

outside the station boundary in the Hunts Brook watershed, which significantly degraded the surface 

water with levels of iron, sulfate, and total dissolved solids (TDS) well above the SMCL downstream 

from the disposed coal ash.

Evaluation against Proven Damage Criteria

Other Considerations

 US EPA made a final determination that current human exposure is under control in 2001. The

proposed RAP focused on soil removal in AOCs unrelated to CCRs. 

 US EPA made a final determination that migration of contaminated groundwater is under control 

in 2000.

 Discharges to Thames River area is considered unlikely based on EPA report on migration of 

contaminated groundwater. However, even if such migration were possible, the Thames River in 

the vicinity of Montville, CT, is saline and is classified as unsuitable for shellfish harvesting, or 

as a fish/shellfish habitat. Furthermore, flow calculations indicate that, due to the high base flow 

in the Thames River, it is highly unlikely that groundwater contaminated in excess of SWPC 

would adversely impact the Thames River.

 Soils in the former coal ash settling pond and disposal lagoons marginally exceeded CT Industrial 

Direct Exposure Criteria guidance only for arsenic, which was determined to not cause a risk due 

to incomplete exposure pathways.

 Some AOC’s on the site are primary related to non-CCR disposal, including fuel storage and 

other sources of contamination associated with the plants operation as an oil facility. 

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for arsenic and beryllium and the SMCL for iron, 

manganese, and pH have been found on site with no indication of migration. Arsenic in soil potentially 

related to CCRs was determined to not cause a risk. There are no administrative rulings or court decisions 

associated with the site that found specific damage related to the CCRs. 

Additional Sources

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded the primary EPA MCLs for arsenic and beryllium.

 Onsite groundwater data exceeded SMCLs for iron, manganese, and pH. 

 No offsite groundwater data are available.

Criterion 2:  A partial Remedial Action Plan (RAP) was designed to achieve compliance and 

reduce potential ecological risk from two AOC’s through excavation of soils that had 

arsenic, beryllium, and other metals contamination above the IC DEC.

 Disposal of coal ash outside the station boundary and in the Hunt’s Brook watershed 

was noted in the late 1960s, which significantly degraded the surface water with 

levels of iron, sulfate, and total dissolved solids (TDS) well above the SMCL 

downstream.

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 7 DamageCaseEval_AppendixC_Final_v1 

US EPA, Waste Site Cleanup & Reuse in New England, RCRA Corrective Action, Montville Station, 

http://yosemite.epa.gov/r1/npl_pad.nsf/701b6886f189ceae85256bd20014e93d/41776e12ca0d77fe85256c

2c00726568!OpenDocument Accessed Online October 2010.

Documentation of Environmental Indicator Determination, RCRA Corrective Action, Current Human 

Exposure Under Control, Final May 16, 2001, http://www.epa.gov/ne/cleanup/rcra/780.pdf, accessed 

10/18/10

Documentation of Environmental Indicator Determination, RCRA Corrective Action, Migration of 

Contaminated Groundwater Under Control, Final September 29, 2000, 

http://www.epa.gov/ne/cleanup/rcra/781.pdf accessed 10/18/10
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 8 DamageCaseEval_AppendixC_Final_v1 

4) CD McIntosh Jr. Power Plant

City of Lakeland

Lakeland, FL

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfills (One on top of a phosphate mine pit), Sludge Dewatering Area and Process Wastewater 

Ponds

Background and Description

The C.D. McIntosh Jr. Power Plant became operational in 1981 on the shore of Lake Parker, a well 

populated lake often used for recreation purposes. Because of the populated lake, approximately 20 

commercial and municipal wells are located within two miles of the plant. The site contains two unlined 

Coal Combustion Residual (CCR) landfills, as well as a coal storage area, process wastewater ponds and a 

sludge dewatering area. The southern landfill was built on top of an abandoned phosphate mine pit which 

likely has some influence on groundwater flow under the site. The site has over 41 monitoring wells, 

however not all have available data because the Florida Department of Environmental Protection (FDEP) 

only requires some wells to be tested. No offsite monitoring data is available. The plant has a National 

Pollutant Discharge Elimination System (NPDES) permit (No. FL0026301; expired 2005, and 

FLR05A184.)

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that a 2001 FDEP Consent Order identified arsenic, lead, 

manganese, selenium, cadmium, vanadium, nitrate ,and total dissolved solids (TDS) above the EPA 

Maximum Contaminant Level (MCL) and Secondary EPA MCL (SMCL) on the site. 

The EIJ/EP/SC August 2010 Report also notes that sampling in 2010 identified arsenic concentrations 

that exceed the primary EPA MCL at 14 different wells that monitor the CCR landfills on the site. The 

report also notes that iron, sulfate, and TDS were above the SMCLs in 32 on-site wells.

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded the primary EPA MCLs for arsenic, lead, 

cadmium, and selenium.

 Onsite groundwater data exceeded secondary MCLs for iron, sulfate, TDS, 

manganese, and nitrate. 

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  FDEP issued a Consent Order in 2001 because of impacts to groundwater and 

required additional monitoring, though no offsite monitoring. The Consent Order 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 9 DamageCaseEval_AppendixC_Final_v1 

Other Considerations

 The site also has process wastewater ponds, a sludge dewatering area, sluice pond overflow, 

cooling tower blowdown, and various chemical waste streams. It is constructed on an abandon 

phosphate mine. 

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCLs for arsenic, lead, cadmium, and selenium

and the SMCLs for iron, sulfate, TDS, manganese, and nitrate have been found onsite. The 

FDEP issued a Consent Order because of groundwater impacts that required additional 

monitoring; however, there was no explicit finding of specific damage to human health or the 

environment.

Additional Sources

US EPA, Facility Registry System, Facility Detail Report, CD McIntosh JR Power Plant, Accessed 

Online Oct 2010. 

http://oaspub.epa.gov/enviro/fii_query_dtl.disp_program_facility?p_registry_id=110000364882

City Of Lakeland, C.D. Mcintosh, Jr. Power Plant, Units 3 And 5, Case No. Pa 74-06p, Conditions Of 

Certification, Modified 11/24/08, http://www.dep.state.fl.us/siting/files/certification/pa74_06_2008_P.pdf

accessed 10/18/10

included approximately $180,000 in civil penalties. 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 10 DamageCaseEval_AppendixC_Final_v1 

5) George Neal Station North Landfill

Berkshire Hathaway - MidAmerican Energy Company

Sergeant Bluff, IA

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill and surface impoundments

Background and Description

The George Neal North plant has placed coal combustion residual (CCR) into a monofill since 1978. The 

landfill is currently unlined and was originally permitted in 1997 and re-permitted in 2001. The landfill 

has two sections: a 32-acre west area which receives mostly fly ash, and a 50-acre east area which 

receives other CCRs. Permits for expansion are currently under review. The site also contains three 

surface impoundments, covering a total of about 116 acres. The plant lies in a rural area next to the 

Missouri River, though no offsite monitoring data is available. The west area of the landfill is capped and 

closed with the east area of the landfill anticipated to be closed by October 2010. The plant has a 

National Pollutant Discharge Elimination System (NPDES) permit (No. IA0004103) and Iowa Landfill 

permit (97-SDP-12-95P.)

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that average arsenic groundwater concentrations from the 

landfill were above the primary EPA Maximum Contaminant Level (MCL) in onsite monitoring wells. 

The report also notes that iron, manganese, and sulfate were above secondary EPA MCLs (SMCLs) at 

various onsite groundwater monitoring wells. 

The EIJ/EP/SC August 2010 Report notes that some upgradient wells, particularly in the deep aquifer, 

also indicate contamination by arsenic. MidAmerican Energy suggested that this upgradient 

contamination was due to upgradient sources of contamination, and is not CCR-related. The EIJ/EP/SC 

August 2010 Report counters that some of the upgradient wells are improperly classified as upgradient 

because groundwater does flow from the monofill towards these wells, and because the impoundments 

may also contribute (though this could not be confirmed as there is no monitoring data available for the 

impoundments). The report also notes that downgradient concentrations are on average higher than the 

upgradient levels, even within the same groundwater path, indicating some of the contamination is likely 

from the landfill. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded the primary EPA MCL for arsenic. 

 Onsite groundwater data exceeded EPA SMCLs for iron, sulfate, and manganese.

 No offsite groundwater data are available.

Criterion 2:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 11 DamageCaseEval_AppendixC_Final_v1 

Other Considerations

 Iowa Department of Natural Resources (DNR) has requested MidAmerican Energy to provide 

more evidence that the arsenic contamination comes from an offsite source and the issue is still 

under consideration. 

 The area off plant property in the same direction as the listed “upgradient” wells is mostly 

farmland. 

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for arsenic and the EPA SMCLs for iron, sulfate, 

and manganese have been found onsite. There are no administrative rulings or court decisions associated 

with the site.

Additional Sources

Koger, Nina. 2010. Telephone Conversation with Nina Koger, Iowa Department of Natural Resources, 

Permitting Department (October 25, 2010). 

US EPA, Facility Registry System, Facility Detail Report, MidAmerican Energy Co Neal North, 

Accessed Online Oct 2010. 

http://oaspub.epa.gov/enviro/fii_query_dtl.disp_program_facility?p_registry_id=110001323318

State documents accessed at Solid Waste Database hyperlink at 

http://www.iowadnr.gov/waste/index.html including

MWH Annual Water Quality Report, 2009. MidAmerican Energy Company, Neal North CCR Monofill. 

Accessed Online Oct 2010. Through 

https://programs.iowadnr.gov/solidwaste/reports/DocumentDNA.aspx

MidAmerican Energy, Neal Energy Center Solid Byproduct Management Plan, Sept 2009. Accessed 

Online Oct 2010. Through https://programs.iowadnr.gov/solidwaste/reports/DocumentDNA.aspx

MWH Special Water Quality Report, Results above UCLs and MCLs. Prepared for MidAmerican 

Energy, Neal North CCR Monofill 2009. Accessed Online Oct 2010. Through 

https://programs.iowadnr.gov/solidwaste/reports/DocumentDNA.aspx

MWH Risk Evaluation for Arsenic in Groundwater 2006. Prepared for MidAmerican Energy Company, 

Neal North CCR Monofill. Accessed Online Oct 2010. Through 

https://programs.iowadnr.gov/solidwaste/reports/DocumentDNA.aspx

MWH Hydrogeological Investigation Report 2006. Prepared for MidAmerican Energy Company, Neal 

North CCR Monofill. Accessed Online Oct 2010. Through 

https://programs.iowadnr.gov/solidwaste/reports/DocumentDNA.aspx

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 12 DamageCaseEval_AppendixC_Final_v1 

6) George Neal Station South Ash Monofill

Berkshire Hathaway - MidAmerican Energy Company

Salix, IA

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill 

Background and Description

The George Neal South plant has placed coal combustion residual (CCR) into an onsite monofill since the 

early 1980s. The landfill was issued a state permit in 2000, approximately 20 years after it was first used.

The landfill covers 30 acres and is at a generally higher elevation than the surrounding area. The plant lies 

in a rural area next to the Missouri River, south of Sioux City, Iowa; it began groundwater monitoring 

around the landfill in 2000. The plant has a National Pollutant Discharge Elimination System (NPDES) 

permit (No. IA0061859.)

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that average arsenic concentrations from the landfill were 

above the primary EPA Maximum Contaminant Level (MCL) in onsite downgradient monitoring wells. 

The report also notes that average concentrations of iron, manganese, and sulfate were above secondary 

EPA MCLs (SMCLs) at various onsite groundwater monitoring wells. 

The EIJ/EP/SC August 2010 Report also notes that the Iowa Department of Natural Resources (DNR) 

uses Upgradient Control Limits (UCLs) to determine the spread of contaminants based on historical

upgradient monitoring well concentrations. The report indicates that barium, selenium, and zinc have all 

exceeded the UCLs in wells downgradient of the landfill, indicating the migration of contaminants. 

The EIJ/EP/SC August 2010 Report notes that high levels of iron, manganese, and sulfate in the 

upgradient well are likely affected by the landfill because of groundwater mounding within the monofill, 

though not enough wells existed to determine if mounding has actually occurred. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded the primary EPA MCL for arsenic. 

 Onsite groundwater data exceeded EPA SMCLs for iron, sulfate, and manganese.

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 13 DamageCaseEval_AppendixC_Final_v1 

Other Considerations

 In 2005 the Iowa DNR requested that future groundwater reports from MidAmerican Energy 

discuss the potential for groundwater mounding under the landfill, evaluate if the listed wells are 

truly “upgradient”, and discuss the potential for migration and possible receptors. MidAmerican’s 

2008 groundwater report did not address these questions.

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for arsenic and the SMCL for iron, sulfate, and 

manganese have been found onsite. There are no administrative rulings or court decisions associated with 

the site.

Additional Sources

Koger, Nina. 2010. Telephone Conversation with Nina Koger, Iowa Department of Natural Resources, 

Permitting Department (October 25, 2010). 

US EPA, Facility Registry System, Facility Detail Report, MidAmerican Energy Co Neal South, 

Accessed Online Oct 2010. 

http://iaspub.epa.gov/enviro/fii_query_dtl.disp_program_facility?p_registry_id=110000414114

State documents accessed at Solid Waste Database hyperlink at 

http://www.iowadnr.gov/waste/index.html including

MWH Annual Water Quality Report, 2009. Prepared for MidAmerican Energy Company, Neal South 

CCR Monofill. Accessed Online Oct 2010. Through 

https://programs.iowadnr.gov/solidwaste/reports/DocumentDNA.aspx

MidAmerican Energy, Neal Energy Center Solid Byproduct Management Plan, Sept 2009. Accessed 

Online Oct 2010. Through https://programs.iowadnr.gov/solidwaste/reports/DocumentDNA.aspx

MidAmerican Energy 2001 Baseline Water Quality Report. Accessed Online Oct 2010. Through 

https://programs.iowadnr.gov/solidwaste/reports/DocumentDNA.aspx

Montgomery Watson Hydrogeological Investigation, Groundwater Monitoring Plan and Baseline 

Groundwater Quality Report, December 1999, Prepared for MidAmerican Energy Company, Neal South 

Ash Landfill. Accessed Online Oct 2010. Through 

https://programs.iowadnr.gov/solidwaste/reports/DocumentDNA.aspx
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 14 DamageCaseEval_AppendixC_Final_v1 

7) Lansing Station Ash Ponds and Landfill

Alliant Energy - Interstate Power and Light

Lansing, IA

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill and Surface impoundments

Background and Description

The Lansing Power Station was first constructed in 1948, with additional units added in 1957 and 1976. 

The site contains an ash landfill which first received coal combustion residuals (CCRs) around 1985, as 

well as a15-acre main ash pond and a 0.2 acre lower ash pond. All the units are currently active. 

Groundwater monitoring is required for the landfill but not the ponds. The plant is located in a rural area 

near the Mississippi River with an estimated 33 private wells within a 2 mile radius. However, no offsite 

monitoring data is available.

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that arsenic concentrations were measured onsite in one 

well (MW11) above the primary EPA Maximum Contaminant Level (MCL). The report also notes that 

concentrations of iron, manganese, and sulfate in this same well were above secondary EPA MCLs 

(SMCLs). The well which measured the exceedances is between the CCR landfill and the ponds, so the 

source of contamination could be from either area. 

Evaluation against Proven Damage Criteria

Other Considerations

 The only well with observed MCL exceedances (MW11) is screened within the interval of 

seasonal fluctuations of the water table, thus allowing only three (3) samples to be taken out of 10 

attempts. The Iowa Department of Natural Resources (DNR) required that the difficulty in 

sampling the well be evaluated and that it be replaced if the well continues to be dry. 

 The general groundwater gradient flows to north or northeast toward the river with the only well 

containing exceedances being the most eastern well

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded the primary EPA MCLs for arsenic. 

 Onsite groundwater data exceeded EPA SMCLs for iron, sulfate, and manganese.

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 15 DamageCaseEval_AppendixC_Final_v1 

Classification

Inadequate Information

Rationale

Groundwater exceedances of the primary EPA MCL for arsenic and the EPA SMCLs for iron, sulfate,

and manganese have been found onsite in only one well (MW11) during limited rounds. However, the 

ability of this well to provide representative groundwater samples is in question as it has been dry for all 

but 3 of the past 11 sample collection rounds. Therefore, there is inadequate information to determine if 

the observed sporadic groundwater contaminant concentrations are attributable to CCRs. While the Iowa 

DNR has required an evaluation of MW11, there are no administrative rulings or court decisions 

associated with the site.

Additional Sources

Koger, Nina. 2010. Telephone Conversation with Nina Koger, Iowa Department of Natural Resources, 

Permitting Department (October 25, 2010). 

State documents accessed at Solid Waste Database hyperlink at 

http://www.iowadnr.gov/waste/index.html including

BT2 Incorporated, Annual Water Quality Report, 2009, Alliant Energy / Interstate Power and Light, 

Lansing Power Station CCR Landfill. Accessed Online Oct 2010 through 

https://programs.iowadnr.gov/solidwaste/reports/DocumentDNA.aspx

BT2 Incorporated, Annual Water Quality Report, 2008, Alliant Energy / Interstate Power and Light, 

Lansing Power Station CCR Landfill. Accessed Online Oct 2010 through 

https://programs.iowadnr.gov/solidwaste/reports/DocumentDNA.aspx

Iowa Department of Natural Resources, Interstate Power and Light Company - Coal Combustion Residue 

Landfill, Review of 2006-2009 Annual Water Quality Reports. Accessed Online Oct 2010 through 

https://programs.iowadnr.gov/solidwaste/reports/DocumentDNA.aspx

Lansing Power Station, Annual Ash Plan 2009. Interstate Power and Light Company. Accessed Online 

Oct 2010 through https://programs.iowadnr.gov/solidwaste/reports/DocumentDNA.aspx
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 16 DamageCaseEval_AppendixC_Final_v1 

8) Joliet Generating Station 9 – Lincoln Stone Quarry Landfill

Midwest Generation 

Joliet, IL

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill (in former quarry) and surface impoundments

Background and Description

Midwest Generation (under parent company Edison International) operates the Joliet 9 and Joliet 29 

generating stations which have disposed of coal combustion residuals (CCRs) in the Lincoln Quarry 

landfill since 1962. The quarry operates under a landfill permit; however the site also includes two 

surface impoundments for the slurry water used to move CCR from the generating stations to the landfill. 

The landfill and surface impoundments are unlined and most of the site remains active. In 1996 the 

landfill became exempt from Illinois Class 1 Groundwater Protection standards and the Illinois 

Environmental Protection Agency (IEPA) applied relaxed standards to a number of contaminants. IEPA 

identified 94 private drinking water wells within one mile of the landfill. 

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that groundwater has been contaminated by the landfill 

since the mid 1990’s and that neither Midwest Generation nor IEPA actions have effectively addressed 

the problem. The report cites a number of permit and engineering reports that indicated groundwater 

damage from the landfill dating back to 1994. The report also notes studies undertaken by Midwest 

Generation’s consultants, which indicated that the Lincoln Quarry landfill was losing its “inward” 

gradient. The report also notes that dewatering of another nearby quarry has altered the subsurface 

gradient to encourage flow southeast from the landfill. A proposal to dewater a third quarry directly east 

of the Lincoln Quarry landfill was denied by the IEPA because of concern groundwater would also begin 

to flow east from the landfill. 

The EIJ/EP/SC August 2010 Report also notes that Midwest Generation undertook sampling of 18 private 

wells near the landfill. The only ash-related contaminant examined in the wells was boron, which was 

found up to 5 times above background concentrations in 8 of the wells south of the landfill (the other 

wells were to the east or “upgradient”). The EIJ/EP/SC August 2010 Report indicates that this would 

indicate other contamination from the landfill would likely affect these downgradient wells. After the 

sampling, Midwest Generation offered to either buy out the properties or drill new deeper wells for these 

residences south of the landfill.

The report also identified a number of instances of groundwater contamination in the monitoring wells 

around the landfill, noting reports from 2007, 2008 and 2009. The report notes a total of 50 different 

exceedances of the IEPA Applicable Groundwater Quality Standards (AGQSs – the relaxed standards 

imposed by the IEPA in 1996) at 10 different wells, 8 of which are over 150 feet from the landfill. The 

AGQSs are generally at or above the Illinois Class 1 Groundwater standard which often matches the EPA 

Maximum Contaminant Level (MCL). The contamination indicated includes arsenic above the primary 

EPA MCL at two wells located to the southeast, as well as sulfate, total dissolved solids (TDS), and pH 

above secondary EPA MCLs (SMCLs) in various wells. There is also contamination of ammonia, above 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 17 DamageCaseEval_AppendixC_Final_v1 

the AGQS, boron above the AGQS and EPA Child Health Advisory, and molybdenum above the AGQS 

and EPA Lifetime Health Advisory. Exceedances of selenium and cadmium above the primary EPA MCL 

were also noted in earlier reports at unknown groundwater monitoring locations. The report also notes 

exceedances of the AGQSs at the plant’s NPDES permitted outfall, though there were no noted 

exceedances of the NPDES limits.

Evaluation against Proven Damage Criteria

Other Considerations

 The plant has a National Pollutant Discharge Elimination System (NPDES) permit, No. 

IL0002216

 The offsite sampling of private wells found detectable boron concentrations, however the

EIJ/EP/SC August 2010 Report did not suggest that the boron concentrations exceeded any 

health-based limits. 

 IEPA has given a variance to the plant on the Class 1 Groundwater standards, resulting in the 

AGQS, and has approved expansion of the facility. 

 Quarry de-watering both in the main quarry and other nearby quarries is noted to have a 

significant effect on the migration of groundwater and associated contamination. 

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCLs for arsenic, selenium, and cadmium; the IEPA’s 

AGQS for ammonium, boron, and molybdenum; and the EPA SMCLs for sulfate, TDS, and pH have 

been found onsite. Elevated boron was found in eight nearby private wells; however the concentrations

did not exceed any health-based standards. AGQS exceedances were also noted in NPDES outfall 

discharge; however, there is no scientific study available that explicitly documents evidence of damage to 

human health or the environment from these effluent discharges. The IEPA has also issued a NOV to 

Midwestern Generation; however, this was for failure to correctly operate their leachate collection 

system, and does not indicate a finding of specific damage. 

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded the primary EPA MCLs for arsenic, selenium, and 

cadmium. 

 Onsite groundwater data exceeded the IEPA AGQSs for ammonium, boron, and 

molybdenum. 

 Onsite groundwater data exceeded EPA SMCLs for sulfate, TDS, and pH.

Criterion 2:  Boron was found elevated in some sampled private wells, prompting Midwestern 

Generation to offer to buy the properties or provide a new deeper drinking well. 

 AGQS exceedances were noted in the discharge at the plant’s NPDES permitted 

outfall.

Criterion 3:  IEPA issued a Notice of Violation (NOV) for “failure to operate a leachate collection 

and management system that assures the protection of Class 1 potable resource 

groundwater” citing a number of AGCS exceedances, including some at the NPDES 

permitted discharge.
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 18 DamageCaseEval_AppendixC_Final_v1 

Additional Sources

Buscher, Bill. 2010. Telephone Conversation with Bill Buscher, Illinois Environmental Protection 

Agency, Bureau of Water, (October 21, 2010).

Hardke, Dave. 2010. Telephone Conversation with Dave Hardke, Illinois Environmental Protection 

Agency, Regional Office, (October 22, 2010). 

Hood, Joel. Report Alleges Contamination of Private Wells in Joliet. Chicago Breaking News, Aug 26 

2010. Accessed Online October 2010. 

http://www.chicagobreakingnews.com/2010/08/report-alleges-contamination-of-private-wells-injoliet.html

Thompson, Gwyneth. 2010. Telephone Conversation with Gwyneth Thompson, Illinois Environmental 

Protection Agency, Bureau of Land (October 25, 2010). 

US EPA, Facility Registry System, Facility Detail Report, Midwest Generation, Joliet 9 Accessed Online 

Oct 2010. http://iaspub.epa.gov/enviro/fii_query_dtl.disp_program_facility?p_registry_id=110000432773
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 19 DamageCaseEval_AppendixC_Final_v1 

9) Marion Plant

Southern Illinois Power Cooperative

Marion, IL

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010

Type

Landfill and Surface Impoundments

Background and Description

The Southern Illinois Power Cooperative (SIPC) has placed coal combustion residuals (CCRs) from the 

Marion Power Plant into seven ponds and a landfill on the plant’s site since 1963. Only one of the seven 

ponds is lined. The approximate 1.1 million cubic yard landfill, located between two forks of the Saline 

Creek, is also unlined. The plant lies in a rural area of Illinois. It began onsite groundwater monitoring in 

1994; however, no offsite monitoring data is available. The plant has a National Pollutant Discharge 

Elimination System (NPDES) permit (No. IL0004316.)

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that groundwater monitoring (which only looked for boron 

cadmium, iron, and sulfate) showed multiple instances of onsite contamination. Cadmium was found 

above the primary EPA Maximum Contaminant Level (MCL) in three wells. The report also notes that 

iron exceeded the secondary EPA MCLs (SMCLs) and the Illinois Class 1 Groundwater Standard in most 

sampling events. Some relatively higher concentrations of iron were recently found in two of the wells, 

which the SIPC attributes to rusting well covers. The report also notes that sulfate occasionally exceeded 

the EPA SMCL and boron occasional exceeded the Illinois Class 1 Groundwater Standard since 

monitoring began. 

The EIJ/EP/SC August 2010 Report notes that the wells with the most significant contamination are those 

which lie between the CCR sites and Saline Creek, to which the shallow groundwater discharges. It also 

notes that effluent samples from one ash pond which has an NPDES permitted discharge into the creek 

indicated aluminum over the EPA Ambient Water Quality Criteria (AWQC), as well as boron over the 

EPA’s criteria for sensitive crop irrigation. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded the primary EPA MCL for cadmium. 

 Onsite groundwater data exceeded the EPA SMCLs for iron and sulfate, and the 

Illinois Class 1 Groundwater Standard for iron and boron.

 No offsite groundwater data are available. 

Criterion 2:  Effluent samples from a pond which discharges to the Saline Creek indicated 

aluminum over the EPA AWQC and boron over the EPA’s criteria for sensitive crop 

irrigation.
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 20 DamageCaseEval_AppendixC_Final_v1 

Other Considerations

 While EPA AWQCs were exceeded in the effluent, there is no indication of NPDES criteria 

exceedance. 

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for cadmium and the SMCL for iron and sulfate 

have been found onsite. While there were exceedances in the effluent which discharges into surface 

water, there is no study with a specific finding of damage to human health or the environment. There are 

no administrative rulings or court decisions associated with the site.

Additional Sources

Buscher, Bill. 2010. Telephone Conversation with Bill Buscher, Illinois Environmental Protection 

Agency, Bureau of Water, (October 21, 2010).

US EPA, Facility Registry System, Facility Detail Report, Southern Illinois Power - Marion Accessed

Online Oct 2010. 

http://iaspub.epa.gov/enviro/fii_query_dtl.disp_program_facility?p_registry_id=110017420049

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 21 DamageCaseEval_AppendixC_Final_v1 

10) Venice Power Station

Union Electric Company/Ameren Energy – AmerenUE

Venice, IL

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Surface Impoundments

Background and Description

The Venice Power Plant was a 500-MW coal burning plant until it converted to burning oil in the late 

1970’s. The plant lowered capacity in the 1980’s but was reconditioned and reopened in 1995. Its current 

operator, AmerenUE, was formed in 1998 by the merger of Union Electric and Illinois Public Service. A 

fire in 2003 closed the original building; however, three additional units came online in 2005 and are used 

sporadically as a peak load facility. A series of unlined ash ponds was constructed in the 1950’s and 

received sluiced coal combustion residuals (CCRs) from the plant as well as wastewater from the boilers 

and water treatment plant. The pond stopped receiving CCRs in 1977 when the plant switched to oil, but 

continued to receive process wastewater until 2005. The ponds have been inactive since 2005; ponds 2 

and 3 are designated for closure in 2011 by capping with a synthetic liner, with the CCR left in place. As 

part of its re-permitting in 1995, the plant was required to investigate the groundwater impact of the ash 

ponds, and has installed 17 monitoring wells in and around the ash pond system. The plant lies near the 

City of Venice and Village of Brooklyn, both of which prohibit the use of groundwater as a potable water 

supply because pre-existing as well as current industrial facilities in the area, including the Venice Power 

Plant, provide multiple potential sources of contamination. 

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that groundwater monitoring showed multiple instances of 

contamination in groundwater. Arsenic concentrations exceeded the primary EPA Maximum 

Contaminant Level (MCL) at a number of wells, including two wells which are about 400 feet east of the 

ponds and off the plant property. The report also noted exceedances of the Illinois Class 1 Groundwater 

Standard for boron at a number of wells, though all onsite. A brief exceedance of the primary EPA MCL 

for cadmium was reported at one of the wells, as well as secondary EPA MCL (SMCL) exceedances for 

iron, manganese, and total dissolved solids (TDS) in a number of wells onsite, and one of the offsite wells 

for iron. 

A Hydrogeological Assessment undertaken by Natural Resource Technology (NRT), an AmerenUE 

consultant, determined that the ash ponds are not the primary source of arsenic in groundwater. The 

EIJ/EP/SC August 2010 Report counters, that differences in how boron and arsenic interact with the 

aquifer would allow for little correlation between the two in individual samples. It also notes, and the 

NRT Memorandum 6 concurs (page 4) that seasonal water stage fluctuation in the Mississippi River 

would cause changes in the gradient and that during the high stage the two offsite wells to the east could 

be downgradient from the pond system. It also notes that while boron did not exceed a standard in the 

offsite wells, it was elevated and could indicate these wells were affected by the ash ponds. 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 22 DamageCaseEval_AppendixC_Final_v1 

Evaluation against Proven Damage Criteria

Other Considerations

 A Hydrogeological Assessment undertaken by an AmerenUE consultant (Natural Resource 

Technology) determined that lack of boron and arsenic correlation in the wells and the fact that 

leachate samples from the ash ponds have lower arsenic than the groundwater indicate that the 

ash ponds are not the primary source of arsenic in groundwater. The assessment also determined 

that even simulating the seasonal fluctuation of the river, the offsite wells where arsenic was 

found above the MCL would be considered upgradient, further indicating that the ash ponds are 

not the primary source of arsenic.

 The Natural Resource Technology assessment concluded that boron and manganese onsite were 

higher than the Illinois Class 1 Groundwater Standards (and SMCL for manganese) and would be 

attributable to the coal ash ponds. The assessment also concluded that other contaminants, 

including arsenic, iron and TDS would not be attributable to leachate from the ash ponds; for 

arsenic, creosote wood treatment plants formerly located upgradient of the monitoring wells area, 

cannot be excluded as potential sources (NRT Memorandum 2). 

 As part of the final closure plan for the ash ponds, AmerenUE proposed a Groundwater 

Management Zone (GMZ) for containing the contaminant plumes, which extends 450 feet south 

from the ponds, covering all boron exceedances. However, it does not cover the two offsite wells 

where arsenic exceeded the primary EPA MCL. 

 Since the plant switched to oil in 1977 the pond system continued to receive process waste water 

from the non-coal plant for approximately 30 years. 

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCLs for arsenic and cadmium, the EPA SMCL for iron, 

manganese, and TDS, and the Illinois Class 1 Groundwater Standard for boron have been found onsite. 

While offsite groundwater data exceeded the primary EPA MCL for arsenic, these (and other) offsite 

exceedances could not be directly attributed to the coal ash ponds. There are no administrative rulings or 

court decisions associated with the site.

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded the primary EPA MCLs for arsenic and cadmium.

 Onsite groundwater data exceeded EPA SMCLs for iron, manganese, and TDS, as 

well as the Illinois Class 1 Groundwater Standard and EPA Child Health Advisory for 

boron.

 Offsite groundwater data exceeded the primary EPA MCL for arsenic and the SMCL 

for iron. Other sources of arsenic, such as creosote wood treatment plants formerly 

located upgradient of the monitoring wells area, cannot be excluded.

Criterion 2:  None

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 23 DamageCaseEval_AppendixC_Final_v1 

Additional Sources

Dunaway, Lynn. 2010. Telephone Conversation with Lynn Dunaway, Illinois Environmental Protection 

Agency, Bureau of Water, (October 22, 2010). 

Hennings, Brian and Hensel, Bruce, Natural Resource Technology, Technical Memorandum No. 1 

Potable Well Survey, Hydrogeologic Assessment, and Modifications to the

Groundwater Monitoring Program, Venice Ash Impoundment, September 17, 2009. Accessed Online Oct 

2010. http://www.epa.state.il.us/water/ash-impoundment/ameren-venice-station/tech-memo1.pdf

Hennings, Brian and Hensel, Bruce, Natural Resource Technology, Technical Memorandum No. 2. 

Supplemental Hydrogeological Assessment, Venice Ash Ponds, March 3, 2010. Accessed Online Oct 

2010.http://www.epa.state.il.us/water/ash-impoundment/ameren-venice-station/tech-memo2.pdf

Hennings, Brian and Hensel, Bruce, Natural Resource Technology, Technical Memorandum No. 6.

Groundwater Modeling of Venice Former Ash Ponds, March 12 2010. Accessed Online Oct 2010. 

http://www.epa.state.il.us/water/ash-impoundment/ameren-venice-station/tech-memo6.pdf

Illinois Environmental Protection Agency, Ash Impoundment Strategy, AmerenUE Venice Station Ash 

Pond Closure, Accessed Online Oct 2010. http://www.epa.state.il.us/water/ash-impoundment/amerenvenice-station/index.html

Memo to Bill Buscher from Ameren Services, March 25, 2010. Ash Pond Closures at AmerenUE’s 

Venice Plant. Accessed Online October 2010. 

http://www.epa.state.il.us/water/ash-impoundment/ameren-venice-station/pond-closure.pdf
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 24 DamageCaseEval_AppendixC_Final_v1 

11) Mill Creek Station

Louisville Gas and Electric

Louisville, KY

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill, surface impoundment, and FGD processing ponds

Background and Description

The Mill Creek Plant located in Louisville, Kentucky, has disposed of coal combustion residuals (CCRs) 

from Louisville Gas and Electric (LG&E) in landfills since 1972. The first two phases of the landfill were 

unlined since they were permitted as “inert” by the Kentucky Division of Waste Management (KDWM). 

In 2009, a third phase was constructed with a clay liner, and the total area of the landfill reached 185 

acres. Additionally, there is a 79 acre ash pond and four flue gas desulfurization (FGD) processing ponds 

(each 2 acrs or less) located onsite. The landfill is located approximately 175 feet from the Ohio River. 

Groundwater has been monitored onsite since 1994; however, no offsite assessment or monitoring has 

been required. The ash pond discharges ultimately outfall to the Ohio River under KPDES permit # 

KY0003221.

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that levels of arsenic exceeded the primary EPA Maximum 

Contaminant Level (MCL) in onsite groundwater. Additionally, sulfate and total dissolved solids (TDS) 

exceeded secondary EPA MCLs (SMCLs) in onsite groundwater. 

The EIP/EJ/SC August 2010 Report also indicates that nine wells onsite have groundwater parameters 

that exceed one or more drinking water standards and that the horizontal extent of contamination is onemile wide. However, no data is provided to support these claims. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded the primary EPA MCL for arsenic.

 Onsite groundwater data exceeded EPA SMCLs for sulfate and TDS.

 Nine wells onsite have parameters that exceed one or more drinking water standards.

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 25 DamageCaseEval_AppendixC_Final_v1 

Other Considerations

 The CCR landfill permit issued by KDWM requires that onsite monitoring occur semi-annually; 

however, no offsite investigations have been required.

 There are reportedly 15 private wells within a two-mile radius and four public wells within a fivemile radius of the landfill. 

 The 79 acre fly ash pond is rated a high hazard by EPA due to its close proximity to a residential 

development and a school. The embankment failed in 1978 during a flood; however, no release of 

CCRs occurred. 

Classification

Potential Damage

Rationale

Groundwater exceedances of primary and secondary EPA MCLs have been found onsite. Additionally, 

several other groundwater parameters have exceeded drinking water standards onsite. There has not been 

any assessment of groundwater or surface water offsite and there are no other impact or damage claims. 

Onsite monitoring is required semi-annually; however, there are no other regulatory corrective actions, 

administrative rulings, or court decisions associated with the landfill. 

Additional Sources

Final Report Dam Safety Assessment Report of CCW Impoundments LG&E Mill Creek Station, 

Lockheed Martin as Contractor for the US EPA, Dec. 2009 accessed 10/28/10 at 

http://www.epa.gov/osw/nonhaz/industrial/special/fossil/surveys2/mill-creek-final.pdf
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 26 DamageCaseEval_AppendixC_Final_v1 

12) Shawnee Fossil Plant

Tennessee Valley Authority

Paducah, KY

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfills and Surface Impoundments

Background and Description

The Shawnee Fossil Plant located in Paducah, Kentucky has disposed of coal combustion residual (CCR) 

from the Tennessee Valley Authority (TVA) in two unlined surface impoundments, one of which was 

commissioned in the 1950s; and two unlined landfills since the 1980s. Recently, the Kentucky Division of 

Waste Management (KDWM) permitted the expansion of the landfills without a liner, which are 

designated as “special waste landfills.” The landfills and fly ash ponds are located approximately 500-700 

feet from the Ohio River and groundwater from the site discharges to surface water via Little Bayou 

Creek located onsite. Groundwater was assessed in the 1980s, but consistent monitoring began only in 

2003. Groundwater has been assessed onsite; however, no offsite groundwater data are available. 

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that levels of arsenic and selenium exceeded the primary 

EPA Maximum Contaminant Levels (MCLs) in onsite groundwater. Additionally, sulfate and total 

dissolved solids (TDS) exceeded secondary EPA MCLs (SMCL), and boron exceeded the EPA Lifetime 

Health Advisory Level in onsite groundwater. 

The EIP/EJ/SC August 2010 Report also indicates a reddish leachate has been seeping into Little Bayou 

Creek onsite, which discharges into the Ohio River a few hundred feet downstream. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded primary EPA MCLs for arsenic and selenium.

 Onsite groundwater data exceeded EPA SMCLs for sulfate and TDS. 

 Onsite groundwater data exceeded the EPA Lifetime Health Advisory Level for 

boron. 

 No offsite groundwater data are available. 

Criterion 2:  A reddish leachate has been observed seeping into Little Bayou Creek located onsite, 

which discharges into the Ohio River downstream. 

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 27 DamageCaseEval_AppendixC_Final_v1 

Other Considerations

 There are reportedly 24 private wells within a two-mile radius of the site.

Classification

Potential Damage

Rationale

Groundwater exceedances of primary and secondary MCLs, as well as EPA’s Lifetime Health Advisory 

Level have been found onsite. While reddish leachate has been observed seeping into surface water 

onsite, there are no data to support that this is causing damage to human health or the environment. There 

are no regulatory corrective actions, administrative rulings, or court decisions associated with the site. 

Additional Sources

TVA. 2009. TVA Disposal Facility Assessment: Phase 1 Plant Summary, Shawnee Fossil Plant (SHF) 

(June 2009) http://www.tva.gov/power/stantec/ky/rpt_005_appndx_c_shf_171468118.pdf
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 28 DamageCaseEval_AppendixC_Final_v1 

13) Spurlock Power Station

Eastern Kentucky Power Cooperative

Maysville, KY

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill and Surface impoundment

Background and Description

The Spurlock Power Station is located in Maysville, Kentucky, and has disposed of coal combustion 

residuals (CCRs) from the Eastern Kentucky Power Cooperative (EKPC) in a landfill since the 1970s. 

The landfill was permitted as an “inert landfill” in 1979 and a construction/operation permit was issued in 

1982, and renewed in 1996. It is unknown if a liner is present at the original phases, however a 389 acre 

expansion in 1996 was lined with two feet of clay. A 57 acre bottom ash pond with a capacity of 

1,750,000 cubic yards is also present at Spurlock Station. The site is located approximately one mile from 

the Ohio River. Groundwater has been evaluated at the site, but not offsite. 

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that levels of arsenic exceeded the primary EPA Maximum 

Contaminant Level (MCL) in onsite groundwater. Additionally, sulfate and TDS exceeded the secondary 

EPA MCL (SMCL) in onsite groundwater. The EIP/EJ/SC August 2010 Report claims that the 

exceedances in groundwater are located 750 feet beyond the coal ash landfill boundary, which is later 

described as 750 feet beyond the permitted area at IW-7. However, later in the EIP/EJ/SC August 2010 

Report, IW-7 is described as being an onsite well. It appears that although IW-7 might be beyond 

permitted boundaries, it is still within the property limits and is therefore onsite. 

Evaluation against Proven Damage Criteria

Other Considerations

 There are reportedly 25 private wells within a two-mile radius and three public wells within a 

five-mile radius of the Spurlock Power Station. 

 The site is located over a karst limestone area, suggesting that groundwater flow could be rapid 

and in many directions. 

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded the primary EPA MCL for arsenic.

 Onsite groundwater data exceeded EPA SMCLs for sulfate and TDS.

 No offsite groundwater data are available. 

Criterion 2:  None

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 29 DamageCaseEval_AppendixC_Final_v1 

Classification

Potential Damage

Rationale

Although the EIP/EJ/SC August 2010 Report indicates that exceedances of primary and secondary MCLs 

had occurred offsite, it is apparent that these exceedances actually occur at well IW-7, which is located 

onsite. Therefore, there has not been any assessment of groundwater or surface water offsite and there are 

no other impact or damage claims. There are no regulatory corrective actions, administrative rulings, or 

court decisions associated with the landfill.

Additional Sources
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 30 DamageCaseEval_AppendixC_Final_v1 

14) Big Cajun 2 Power Plant

NRG Energy - Louisiana Generating, LLC

New Roads, LA

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Surface impoundments, surge and treatment ponds

Background and Description

The Big Cajun 2 Power Plant, located in New Roads, Louisiana, has disposed of coal combustion 

residuals (CCRs) from NRG Energy d/b/a Louisiana Generating in ash ponds since 1980. There are five 

ponds that span over one mile on the disposal site: a 175 acre fly ash pond, a 66 acre bottom ash pond, a 

surge pond, and two treatment ponds (25.4 acres and 7.1 acres, respectively). As of 2009, the fly ash pond 

was 65 percent full and the bottom ash pond was 54 percent full. The ash ponds are located approximately 

one mile from the Mississippi River, although groundwater may flow away from the river. Groundwater 

has been monitored onsite since 1989; however, no offsite assessment or monitoring has been performed. 

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that levels of selenium exceeded the primary EPA 

Maximum Contaminant Level (MCL) in onsite groundwater. Additionally, total dissolved solids (TDS) 

exceeded the secondary MCL (SMCL) in onsite groundwater. The report claims that there is a statistically 

significant increase of calcium concentrations in the groundwater, which is an indicator of CCR leachate.

The EIP/EJ/SC August 2010 Report also indicates that the Louisiana Department of Environmental 

Protection (LDEQ) issued a Notice of Deficiency (NOD) to NRG during permit renewal. LDEQ found 

that the groundwater monitoring system of five wells was inadequate for monitoring the ash ponds and 

required NRG to install ten additional downgradient wells. 

Evaluation against Proven Damage Criteria

Other Considerations

 The MCL exceedances described in the EIP/EJ/SC August 2010 Report are old, dating back to 

the 1990s.

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded the primary MCL for selenium.

 Onsite groundwater data exceeded the secondary MCL for TDS. 

 No offsite groundwater data are available. 

Criterion 2:  None

Criterion 3:  LDEQ issued a NOD to NRG with regards to the inadequacy of the monitoring well 

system and required that ten additional downgradient wells be installed. 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 31 DamageCaseEval_AppendixC_Final_v1 

 There are reportedly 11 public drinking water sources within five miles of the site, each of which 

serves at least 60 citizens. There are also reportedly three private drinking water wells within two 

miles of the site.

 The power plant recently recognized that some groundwater flow may be moving towards surface 

water, which is contradictory to old data suggesting that groundwater flows away from the 

Mississippi River.

Classification

Potential Damage

Rationale

Groundwater exceedances of primary and secondary EPA MCLs have been found onsite. There has not 

been any assessment of groundwater or surface water offsite and there are no other impact or damage 

claims. LDEQ issued a NOD to install additional downgradient monitoring wells onsite; however, there 

are no other regulatory corrective actions, administrative rulings, or court decisions associated with the 

ash ponds.

Additional Sources

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

http://www.epa.gov/osw/nonhaz/industrial/special/fossil/surveys/nrg-cajun.pdf
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 32 DamageCaseEval_AppendixC_Final_v1 

15) Dolet Hills Power Station

CLECO Power LLC

Mansfield, LA

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill and Surface impoundments

Background and Description

The Dolet Hills Power Station, located in Mansfield, Louisiana, has disposed of coal combustion 

residuals (CCRs) from CLECO Power LLC since 1986. There are ten disposal units onsite including one 

landfill, three bottom ash ponds, three surge ponds, a metal cleaning waste pond, a plant discharge 

collection pond, and a limestone runoff pond. Groundwater has been monitored onsite at 36 wells and 

piezometers at six of the disposal units. No offsite assessment or monitoring has been required. 

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that levels of arsenic, lead, and selenium exceeded the 

primary EPA Maximum Contaminant Level (MCL) in onsite groundwater. Additionally, sulfate and total 

dissolved solids (TDS) exceeded the secondary EPA MCLs (SMCLs) in onsite groundwater. Sulfate also 

exceeded the EPA Health Advisory Level. The report claims that there is low pH, and statistically 

significant changes in specific conductance, alkalinity, and calcium, all are indicative of CCR leachate.

The EIP/EJ/SC August 2010 Report also indicates that the Louisiana Department of Environmental 

Quality (LDEQ) required assessment monitoring of the disposal units in 2008; however, no offsite 

evaluation was required. 

Evaluation against Proven Damage Criteria

Other Considerations

 LDEQ required assessment monitoring of the disposal units in 2008.

 There are reportedly two private drinking water wells within a two mile radius and one public 

drinking water well within five miles of the site. 

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded primary EPA MCLs for arsenic, lead, and 

selenium.

 Onsite groundwater data exceeded EPA SMCLs for sulfate and TDS. 

 Onsite groundwater data exceeded the EPA Health Advisory Level for sulfate.

 No offsite groundwater data are available. 

Criterion 2:  None

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 33 DamageCaseEval_AppendixC_Final_v1 

 Although the landfill and ponds are separate units, co-managed wastes such as the limestone 

runoff pond, the lignite runoff pond, and the metal cleaning waste pond are located onsite and 

could have an effect on groundwater beneath other CCR disposal units. 

Classification

Potential Damage

Rationale

Groundwater exceedances of primary and secondary EPA MCLs have been found onsite. There has not 

been any assessment of groundwater or surface water offsite and there are no other impact or damage 

claims. Onsite monitoring has been required by LDEQ; however, there are no other regulatory corrective 

actions, administrative rulings, or court decisions associated with the landfill and ash ponds. 

Additional Sources

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

http://www.epa.gov/osw/nonhaz/industrial/special/fossil/surveys/cleco.pdf
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 34 DamageCaseEval_AppendixC_Final_v1 

16) Rodemacher Power Station

CLECO Power, LLC

Lena, LA

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill, ash ponds, and coal pile

Background and Description

The Rodemacher Power Station located in Lena, Louisiana has disposed of coal combustion residuals

(CCRs) from CLECO Power, LLC in landfills and ash ponds since 1982. The site consists of a coal pile, 

as well as several disposal units including a 109 acre fly ash pond, a 36 acre bottom ash pond, a landfill, 

two metal cleaning waste ponds, a coal sedimentation pond, a landfill leachate collection pond, and an 

unpermitted clarifier sludge sedimentation pond. The overall disposal area exptends over about 0.75 of a 

mile. Surface water is present approximately fifty feet offsite at Lake Rodemacher and the Red River and 

Bayou de Jean nearby. Groundwater has been monitored onsite since 1983; however, no offsite 

assessment or monitoring has been required. 

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that levels of arsenic and lead exceeded primary EPA 

Maximum Contaminant Levels (MCLs) in onsite groundwater. Additionally, chloride, pH, and total 

dissolved solids (TDS) exceeded secondary EPA MCLs (SMCLs) in onsite groundwater. The report

claims that there have been statistically significant changes in specific conductance and chloride and 

sulfate concentrations, which are indicative of CCR leachate.

The EIP/EJ/SC August 2010 Report also indicates that the Louisiana Department of Environmental 

Quality (LDEQ) required complete assessment monitoring at the site.

Evaluation against Proven Damage Criteria

Other Considerations

 LDEQ required a complete assessment of groundwater onsite.

Criteria Evaluation

Criterion 1:  Onsite groundwater exceeded primary EPA MCLs for arsenic and lead.

 Onsite groundwater exceeded EPA SMCLs for chloride, pH, and TDS.

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 35 DamageCaseEval_AppendixC_Final_v1 

 There are reportedly 36 registered wells within a one mile radius, 12 private drinking water wells 

within a two mile radius, and three public drinking water sources within a five mile radius of the 

site.

Classification

Potential Damage

Rationale

Groundwater exceedances of primary and secondary EPA MCLs have been found onsite. There has not 

been any assessment of groundwater or surface water offsite and there are no other impact or damage 

claims. Onsite monitoring was required by LDEQ; however, there are no other regulatory corrective 

actions, administrative rulings, or court decisions associated with the landfill, ash ponds, or coal pile. 

Additional Sources

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

http://www.epa.gov/osw/nonhaz/industrial/special/fossil/surveys/cleco-rod.pdf
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 36 DamageCaseEval_AppendixC_Final_v1 

17) JR Whiting Generating Plant

CMS Energy – Consumers Energy

Erie, MI

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Surface Impoundments

Background and Description

The JR Whiting Plant, owned by Consumers Energy, went online in 1952 and since then has constructed 

six impoundments to receive coal combustion residuals (CCRs) from the plant. These impoundments also 

receive co-disposed liquid wastes regulated by the plant’s NPDES permit (MIO001864). These wastes 

include low volume plant wastes, treated boiler cleaning waste, and treated sewage waste from the plant’s 

sanitary sewage treatment facility. Impoundments 3, 4, and 5 received fly ash and wastewaters until 2008. 

Since that year they have only received fly ash and are the primary focus of the damage claims. Ponds 3 

and 4 were built in 1959, while pond 5 was built in 1974, and the three cover a total of 82 acres. Final 

closure of the ponds was approved in 2005 and is still under way. In recent years, fly ash disposal at the 

plant has been minimal, with most being sold for reuse by cement manufacturers. 

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that effluent discharges from the impoundments caused 

ecological damage to aquatic life. The report cites a study undertaken in the early 1980s (Hatcher 1992), 

which looked at discharges from the impoundments into Lake Erie. The study examined toxic elements in 

sediment, fish, and invertebrates near the impoundments and made comparisons to references points 

nearly 2 miles away. The study found arsenic, cobalt, selenium, and nickel to be elevated in sediments 

near the outfall; however, they were not above Michigan Department of Environmental Quality (MDEQ) 

criteria for soil cleanup. The study found that arsenic, selenium, and bromine were found at elevated 

concentrations in oligochaetes (freshwater worms) near the coal ash basin. The study also found that there 

were consistently less dense populations of the oligochaetes near the outfall compared to the reference 

sites suggesting that such organisms may be incapable of sustaining high population densities in the face 

of these trace coal ash elements. Selenium, bromine, cobalt, nickel, and chromium were also found at 

elevated concentrations in some fish types, particularly younger fish, near the outfall. 

The study reportedly determined that discharges from impoundments to the environment lead to the 

elevated contaminant levels in the sediments and aquatic biota. It determined that chronic exposure to 

these concentrations could undermine the population fitness for various biota particularly those with 

limited mobility such as freshwater worms or fish in the early stages of life. The final determination of the 

study was that placing coal ash impoundments near the shoreline and use of CCRs as a constituent for the 

artificial reef creating blocks should be reevaluated. 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 37 DamageCaseEval_AppendixC_Final_v1 

Evaluation against Proven Damage Criteria

Other Considerations

 EPA rejected this as a damage case in 2007 because evidence did not confirm CCRs as the source 

of contamination, though the EIJ/EP/SC August 2010 Report counters that the study was 

designed to specifically evaluate the effects of discharges from the CCR impoundments and that 

transport of CCR did lead to the elevated concentrations within biota and in sediments. 

 Maximum concentrations in sediment outfalls for target elements (arsenic, cobalt, nickel, 

selenium) were below Michigan Department of Environmental Quality criteria for soil cleanup.

Classification

Inadequate Information

Pending Access to the Original Report (Hatcher, 1992)

Rationale

While scientific studies did indicate elevated levels of contaminants in sediment and aquatic biota and 

reduced population densities of biota near the site outfalls relative to reference location, specific data 

linking the damage to CCR contamination is not currently available. 

Additional Sources

Coal Combustion Waste, Damage Case Assessment. U.S. Environmental Protection Agency, Office of 

Solid Waste, July 9 2007. No. 76, Lake Erie, Ohio. Docket Number EPA-HQ-RCRA-2006-0796-0015. 

Hatcher, C. O., R. E. Ogawa, T.P. Poe and J. R. P. French, III. 1992. Trace Elements in Lake Sediment, 

Macrozoobenthos, and Fish Near a Coal Ash Disposal Basin, J. Freshwater Ecol. 7:257-269 (1992)

Criteria Evaluation

Criterion 1:  None 

Criterion 2:  Study (Hatcher, 1992) determined that discharges from the impoundment had lead to 

elevated levels of contaminants within the sediment and some aquatic biota. It 

concluded that chronic exposure to higher concentrations of these contaminants could 

undermine population fitness particularly for organisms with restricted mobility. 

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 38 DamageCaseEval_AppendixC_Final_v1 

18) Dan River Steam Station

Duke Energy

Eden, NC

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Surface Impoundments and landfill

Background and Description

The Dan River Steam Station began operation in 1949. The original coal combustion residuals (CCRs) 

impoundment was built in 1956 and has had its embankment walls raised twice, in 1967 and 1977. A dike 

was also built across the impoundment to divide it into the two units that still exist today. The two unlined 

impoundments cover a total of 39 acres with a storage capacity of 664 acre feet. The impoundments are 

occasionally dredged with the dredged CCR stored in an unlined landfill north of the ponds. The landfill 

has been capped and is now inactive, and the rest of the plant is expected to be decommissioned soon. 

The plant began voluntary groundwater monitoring in 1993; however, no offsite monitoring data is 

available. 

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that groundwater monitoring has found contamination in 

onsite wells at various times since monitoring began in 1993. The report notes that lead was above the 

primary EPA Maximum Contaminant Level (MCL), chromium and silver were above state groundwater 

criteria, and iron and sulfate were above the secondary EPA MCLs (SMCLs). The report notes that 

because the impoundment is on the edge of the river, downgradient monitoring is difficult and testing 

occurs within or on the edge of the impoundment. Only the impoundments have been subject to 

groundwater monitoring, and no data is available for the landfill. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded primary EPA MCL for lead.

 Onsite groundwater data exceeded EPA SMCL for iron and sulfate, as well as the 

state criteria for chromium and silver. 

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 39 DamageCaseEval_AppendixC_Final_v1 

Other Considerations

 The state criteria, which were exceeded by chromium and silver, are not specifically health- or 

risk-based standards. 

 The state reports that they will not require action until contamination is outside the “compliance 

boundary”; however, monitoring outside the boundary is not required.

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for lead and the SMCLs for iron and sulfate

have been found onsite. There are no administrative rulings or court decisions associated with 

the site.

Additional Sources
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 40 DamageCaseEval_AppendixC_Final_v1 

19) Antelope Valley Station

Basin Electric Power Cooperative

Beulah, ND

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfills (and non-implicated) surface impoundments

Background and Description

The Antelope Valley Station located in Beulah, North Dakota, has disposed of coal combustion residuals 

(CCRs) from the Basin Electric Power Cooperative since 1984. The landfill (Solid Waste Permit #SP-02) 

is lined with clay and has been inactive since 1998. The site was constructed on a reclaimed coal mine. 

The Antelope Valley Station also contains an active coal ash landfill and two ash ponds; however, these 

were not assessed in the EIP/EJ/SC August 2010 Report. Groundwater has been evaluated onsite; 

however, no offsite monitoring has been required. There are no surface water bodies nearby. 

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that levels of arsenic exceeded the primary EPA Maximum 

Contaminant Level (MCL) in onsite groundwater. 

Evaluation against Proven Damage Criteria

Other Considerations

 Groundwater quality at the site may be influenced by the reclaimed coal mine.

 There are reportedly two public water supplies within five miles of the site. The area surrounding 

Antelope Valley Station is agricultural and there are a number privately owned wells used for 

irrigation.

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for arsenic have been found onsite. There has not 

been any assessment of groundwater or surface water offsite and there are no other impact or damage 

claims. There are no regulatory corrective actions, administrative rulings, or court decisions associated 

with the site.

Criteria Evaluation

Criterion 1:  Onsite groundwater exceeded the primary EPA MCL for arsenic.

Criterion 2:  None

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 41 DamageCaseEval_AppendixC_Final_v1 

Additional Sources

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

http://www.epa.gov/osw/nonhaz/industrial/special/fossil/surveys/basin-elect.pdf
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 42 DamageCaseEval_AppendixC_Final_v1 

20) Leland Olds Station

Basin Electric Power Cooperative

Stanton, ND

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Surface Impoundments

Background and Description

Leland Olds Station, located in Stanton, North Dakota, has disposed of coal combustion residuals (CCRs) 

from Basin Electric Power Cooperative in five clay-lined ash ponds dating back to 1966, when the first 

pond (Pond 1) was commissioned. Ponds 2 and 3 followed in 1975, Pond 4 in 1985, and Pond 5 - at an 

unspecified date. In 1996, Ponds 4 and 5 were decommissioned and capped. Prior to closure, fly ash from 

Ponds 1 and 2 was moved to Ponds 4 and 5. The site holds two permits, SP-038 for onsite disposal and 

SP-143 for offsite disposal at Glenharold Mine. The total permit area is 364.6 acres with a 2.7 million 

cubic yard capacity. Surface water is present near the Leland Olds Station at the Missouri River, 

approximately 250 feet from Ponds 3 and 5, and Alderin Creek connects the disposal sites to the River. 

Groundwater has been evaluated onsite; however, no offsite assessment or monitoring has been required. 

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that arsenic and lead exceeded primary EPA Maximum 

Contaminant Levels (MCLs) in onsite groundwater. Additionally, sulfate and total dissolved solids (TDS) 

exceeded secondary EPA MCLs (SMCLs) in onsite groundwater. 

The EIP/EJ/SC August 2010 Report also indicates detections of boron and selenium in onsite 

groundwater; however, the selenium concentrations did not exceed primary EPA MCLs and only an 

unspecified state groundwater standard was referred to for boron. 

Surface water was sampled quarterly, although it is not specified where and no data were provided. 

Evaluation against Proven Damage Criteria

Other Considerations

 There are reportedly three municipal drinking water wells within five miles of the site.

Criteria Evaluation

Criterion 1:  Onsite groundwater exceeded primary EPA MCLs for arsenic and lead.

 Onsite groundwater exceeded EPA SMCLs for sulfate and TDS.

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 43 DamageCaseEval_AppendixC_Final_v1 

Classification

Potential Damage

Rationale

Groundwater exceedances of primary and secondary EPA MCLs have been found onsite. There has not 

been any assessment of groundwater or surface water offsite. There are no regulatory corrective actions, 

administrative rulings, or court decisions associated with these ash ponds. 

Additional Sources
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 44 DamageCaseEval_AppendixC_Final_v1 

21) Sheldon Station

Nebraska Public Power District

Hallam, NE

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill

Background and Description

Sheldon Station, located in Hallam, Nebraska, has been a disposal site of coal combustion residuals 

(CCRs) from the Nebraska Public Power District (NPPD) since the early 1990s. After nine years of 

disposal, the landfill was closed in 1999 and is now in a post-closure groundwater monitoring phase. 

There are other active landfills onsite; however, these were not assessed in the EIP/EJ/SC August 2010 

Report. The landfill, called Ash Pit #3, is clay-lined and has a total capacity of 350,000 cubic yards. There 

is no mention of surface water nearby. Groundwater has been evaluated onsite since 1999; however, no 

offsite assessment or monitoring has been required. 

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that levels of selenium exceeded the primary EPA 

Maximum Contaminant Level (MCL) in onsite groundwater. Additionally, sulfate exceeded the 

secondary EPA MCL (SMCL) in onsite groundwater. The report claims that there are increasing levels of 

chloride and sulfate in the groundwater, which are indicative of CCR leachate. 

After closure of the landfill in 1999, the Nebraska Department of Environmental Quality (NDEQ) 

required groundwater monitoring for ten years. In 2009, NDEQ extended the post-closure groundwater 

monitoring period through 2014 due to evidence of contamination and requested that additional wells be 

installed to further delineate the plume.

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater exceeded the primary EPA MCL for selenium.

 Onsite groundwater exceeded the EPA SMCL for sulfate.

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  NDEQ has required NPPD to install additional wells and extended the post-closure 

groundwater monitoring period from 10 years to 15 years due to evidence of 

contamination.
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 45 DamageCaseEval_AppendixC_Final_v1 

Other Considerations

 NPPD argues that the selenium levels are from naturally occurring sources since the selenium 

levels in detected laboratory coal ash leachate tests were an order of magnitude less than those 

found in onsite groundwater.

 There is one irrigation-well reportedly located within a mile of Sheldon Station.

Classification

Potential Damage

Rationale

Groundwater exceedances of primary and secondary MCLs have been found onsite. There has not been 

any assessment of groundwater offsite and there are no other impact or damage claims. Additional well 

installation and post-closure groundwater monitoring was extended by five additional years by NDEQ 

due to evidence of contamination; however, there are not other regulatory corrective actions, 

administrative rulings, or court decisions associated with the landfill.

Additional Sources
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 46 DamageCaseEval_AppendixC_Final_v1 

22) Cayuga Coal Ash Disposal Landfill

AES

Lansing, NY

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill and CCR leachate pond

Background and Description

The Cayuga Coal Ash Disposal Landfill, located in Lansing, New York, has received coal combustion 

residuals (CCRs) from AES dating back to the 1980s. The landfill consists of two sections, Phase I and 

Phase II. Phase I was unlined and had a series of pipes to collect leachate in a pond, which was then 

discharged to Cayuga Lake. Phase II covers an area of 50 acres and is currently active. The Phase II 

landfill is lined with leachate collection and leak detection systems. Cayuga Lake, located next to the 

landfill, receives discharge from the CCR leachate pond via Outfall 013 under SPDES permit NY-000-

1333. In 2008, the AES power plant disposed of 108,330 tons of fly ash at the landfill and discharged 19 

million gallons of CCR leachate pond water from Outfall 013. Groundwater has been monitored onsite as 

early as 2000. Additionally, groundwater has been monitored offsite in a former private residential well, 

which was acquired by AES and is now under their ownership. Although discharge to Cayuga Lake has 

been evaluated, the lake’s water quality itself has not. 

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that levels of arsenic, cadmium, and selenium exceeded 

primary EPA Maximum Contaminant Levels (MCLs) in onsite groundwater. Additionally, aluminum, 

manganese, sulfate, and total dissolved solids (TDS) exceeded secondary EPA MCLs (SMCLs); arsenic 

and selenium exceeded New York groundwater standards; and aluminum, arsenic, boron, cadmium, 

manganese, selenium, sulfate, and TDS exceeded federal groundwater standards. Furthermore, the 

EIP/EJ/SC August 2010 Report indicates that levels of iron, lead, manganese, selenium, and TDS 

exceeded state and/or federal groundwater standards in a well located offsite, which was acquired by AES 

and is now under their ownership.

The EIP/EJ/SC August 2010 Report also indicates that discharge water via Outfall 013 exceeded federal 

water quality criteria. Specifically, arsenic exceeded the standard for protection of human health from 

surface water ingestion and fish consumption, cadmium exceeded the acute toxicity standard for aquatic 

life, and selenium exceeded the chronic toxicity standard for aquatic life. However, the SPDES permit for 

Outfall 013 does not have limits for these parameters. It is important to note that these exceedances are in 

the discharge water and do not account for dilution in Cayuga Lake. 

In 2009, the New York State Department of Conservation issued a Notice of Violation (NOV) due to the 

facility exceeding the permitted volume limit of coal ash that can be disposed of at the landfill. 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 47 DamageCaseEval_AppendixC_Final_v1 

Evaluation against Proven Damage Criteria

Other Considerations

 There are several homes and farms within 0.03-0.1 miles from the landfill and many homes along 

the lake.

 Cayuga Lake is a major destination for fishing and water recreation.

Classification

Potential Damage

Rationale

Groundwater exceedances of primary and secondary EPA MCLs have been found onsite. Additionally, 

groundwater exceedances of state and/or federal criteria have been found both onsite and offsite; 

however, the offsite data was gathered from a former private residential well now owned by AES. 

Although discharge water into Cayuga Lake via Outfall 013 exceeded various federal water criteria, it did 

not exceed any SPDES permit criteria and there is no scientific study available that explicitly documents 

evidence of damage to human health or the environment. Additionally, no assessment of the actual lake 

water has occurred. The New York Department of Conservation issued a NOV to AES for exceeded 

permit requirements regarding the quantity of coal ash disposed. However, this Order did not have an 

explicit finding of specific damage to human health or the environment. There are no other regulatory 

corrective actions, administrative rulings, or court decisions associated with the landfill.

Additional Sources

Gashler, Krisy. Ithaca Journal: Environment groups cite Lansing power plant for coal ash pollution

(September 2010). Article accessed on October 8, 2010 at http://www.theithacajournal.com/article/

20100909/NEWS01/9090432/Environment-groups-cite-Lansing-power-plant-for-coal-ash-pollution

Criteria Evaluation

Criterion 1:  Onsite groundwater exceeded primary EPA MCLs for arsenic, cadmium, and 

selenium.

 Onsite groundwater exceeded EPA SMCLs for aluminum, manganese, sulfate, and 

TDS.

 Onsite groundwater exceeded federal and/or state standards for aluminum, arsenic, 

boron, cadmium, manganese, selenium, sulfate, and TDS. 

 Groundwater in a well previously offsite, but acquired by AES, exceeded federal 

and/or state standards for iron, lead, manganese, selenium, and TDS.

Criterion 2:  Discharge into Cayuga Lake via Outfall 013 exceeded various federal water criteria 

for arsenic, cadmium, and selenium, including the standard for protection of human 

health from surface water ingestion and fish consumption, the acute standard for 

aquatic life, and the chronic toxicity standard for aquatic life.

Criterion 3:  In 2009, the New York Department of Conservation issued a NOV in response to the 

facility’s permit violations for volume of coal ash disposed. 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 48 DamageCaseEval_AppendixC_Final_v1 

23) Cardinal Fly Ash Reservoir (FAR) 1 and 2

American Electric Power

Brilliant, OH

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill and Surface Impoundments

Background and Description

The Cardinal Fly Ash Reservoir (FAR) 1 and 2 ash ponds, located in Brilliant, Ohio, has received coal 

combustion residuals (CCRs) from American Electric Power (AEP). Both reservoirs are unlined and in 

2000, FAR 1 was closed and ash was transferred to FAR 2. FAR 2 is still currently active and a flue gas 

desulfurization (FGD) landfill with a synthetic liner was built on top of FAR 1. The site overlooks the 

Ohio River and an area known as Block House Hollow, which was dammed to create the ash ponds. 

Discharge water via Outfall 019 discharged into Block House Hollow is covered by a NPDES permit. 

Groundwater and surface discharge water have been evaluated onsite; however, no offsite assessment or 

monitoring has been required.

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that levels of arsenic exceeded the primary EPA Maximum 

Contaminant Level (MCL) for onsite groundwater. Additionally, boron exceeded the EPA Child Health 

Advisory and molybdenum exceeded the EPA Lifetime Health Advisory in onsite groundwater.

The EIP/EJ/SC August 2010 Report also indicates that detectable levels of arsenic and molybdenum are 

being discharged into Block House Hollow via NPDES-permitted Outfall 019. No criteria are cited and 

the NPDES permit has no limit on these constituents. 

The Ohio Environmental Protection Agency (OH EPA) placed four wells under assessment monitoring 

due to groundwater contamination. Assessment monitoring requires AEP to determine the extent and rate 

of groundwater contamination and address the contamination. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater exceeded the primary EPA MCL for arsenic.

 Onsite groundwater exceeded the EPA Child Health Advisory for boron and the EPA 

Lifetime Health Advisory for molybdenum.

 No offsite groundwater data are available. 

Criterion 2:  Detectable levels of arsenic and molybdenum have been observed in the discharge 

water into Block House Hollow via Outfall 019. 

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 49 DamageCaseEval_AppendixC_Final_v1 

Other Considerations

 AEP asserts that groundwater contamination was due to previous mining and other sources of 

pollution.

 Shallow well S-2 is designated as an upgradient well.

 There are reportedly at least nine private drinking water wells approximately 2,000 feet from the 

site.

 In its 2007 Damage Case Assessment Report, US EPA rejected the Cardinal Fly Ash sites as 

damage cases with no evidence of onsite or offsite exceedances but more recent data indicated the 

exceedances and OH EPA required groundwater monitoring.

Classification

Potential Damage

Rationale

Groundwater exceedances of primary EPA MCLs for arsenic have been found onsite. Additionally, other 

EPA advisory levels for boron and molybdenum have been exceeded onsite. There is no evidence or 

studies of surface water discharges damage to human health or the environment. Onsite assessment 

monitoring has been required by the OH EPA; however, there are no other regulatory corrective actions, 

administrative rulings, or court decisions associated with the ash ponds or landfill. 

Additional Sources

US EPA. 2007. U.S. Environmental Protection Agency (US EPA), Office of Solid Waste. Coal 

Combustion Waste Damage Case Assessments July 9 2007. Cases No. 59 and 60, Cardinal PFBC 

Monofill and Cardinal Fly Ash Reservoir II Impoundment. Docket Number EPA-HQ-RCRA-2006-0796-

0015.
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 50 DamageCaseEval_AppendixC_Final_v1 

24) General James M. Gavin Power Plant

American Electric Power - Ohio Power Company

Cheshire, OH

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfills and Surface Impoundment

Background and Description

The General James M. Gavin Power Plant, located in Cheshire, Ohio, has disposed of coal combustion 

residuals (CCRs) from American Electric Power d/b/a Ohio Power Company (AEP) in landfills since 

1994. The landfill is approximately 255 acres and sits along the Ohio River and its tributaries. The 

original landfills included Phase A (80 acres), Phase B (50 acres), and Phase C (111 acres), which are 

now decommissioned. Currently, Phase D, Phase E, and Phase F are active and all inactive/active landfills

are lined with one foot of clay and a 30-mil geosynthetic liner. In addition, there is a 300 acre 

decommissioned, but still uncapped, ash pond located approximately 1,500 feet northwest of the site. 

There are several NPDES permitted outfalls onsite discharging into surface water bodies including 

tributaries to the Ohio River. Groundwater has been monitored onsite, and surface water from outfalls and 

offsite has been monitored as well. 

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that levels of arsenic, barium, cadmium, lead, and gross 

alpha exceeded primary EPA Maximum Contaminant Levels (MCLs) in onsite groundwater. 

Additionally, chloride, manganese, and total dissolved solids (TDS) exceeded secondary EPA MCLs 

(SMCLs) and molybdenum exceeded the EPA Lifetime Health Advisory level in onsite groundwater.

The EIP/EJ/SC August 2010 Report also indicates that levels of boron exceeded NPDES permit criteria at 

Outfall 007 and that levels of aluminum, nickel, and zinc exceeded either acute or chronic exposure water 

quality criteria. Additionally, when laboratory tested, surface water receiving discharge from Outfall 001 

and Outfall 008 have shown acute toxicity to the aquatic insect Ceriodaphnia dubia with a 100% 

mortality rate in the discharge water and 50% mortality rate in the mixing zone at both outfalls. Outfall 

008 also showed acute toxicity to the fathead minnow, with a 100% mortality rate in the discharge water 

and 15% mortality rate in the mixing zone. 

The EIP/EJ/SC August 2010 Report indicates that assessment monitoring has been required by the Ohio 

Environmental Protection Agency (OH EPA) as part of the closure process. This includes determining the 

extent and rate of contamination, followed by a plan to address the contamination.
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 51 DamageCaseEval_AppendixC_Final_v1 

Evaluation against Proven Damage Criteria

Other Considerations

 OH EPA increased the plant’s allowable daily maximum concentration for boron in 2009 so 

concentrations of boron no longer exceed NPDES requirements. 

 In its 2007 Damage Case Assessment Report, US EPA rejected the Gavin impoundments as 

damage cases with no evidence of onsite or offsite groundwater exceedances available at the 

time. OH EPA required monitoring as part of closure process indicated the exceedances. 

Classification

Potential Damage

Rationale

Groundwater exceedances of primary and secondary EPA MCLs have been found onsite. NPDES permit 

and water quality criteria exceedances have been reported in discharge water but laboratory toxicity 

testing of indicator species is not a direct indicator of ecological damage. The OH EPA required 

assessment monitoring is not being driven by an administrative ruling or court decision that has an 

explicit finding of specific damage to human health or the environment.

Additional Sources

US EPA. 2007. U.S. Environmental Protection Agency (US EPA), Office of Solid Waste. Coal 

Combustion Waste Damage Case Assessments July 9 2007. Cases No. 74, Gavin Impoundments 59 and 

60, Cardinal PFBC Monofill and Cardinal Fly Ash Reservoir II Impoundment. Docket Number EPA-HQRCRA-2006-0796-0015.

Criteria Evaluation

Criterion 1:  Onsite groundwater exceeded primary EPA MCLs for arsenic, barium, cadmium, 

lead, and gross alpha. 

 Onsite groundwater exceeded EPA SMCLs for chloride, manganese, and TDS and the

EPA Lifetime Health Advisory level for molybdenum.

 No offsite groundwater data are available. 

Criterion 2:  Boron exceeded NPDES permit limits at Outfall 007. 

 Aluminum, nickel, and zinc exceeded water quality criteria in discharge water at the 

outfalls.

 Outfall 001 and Outfall 008 showed mortality in laboratory toxicity testing. 

Criterion 3:  The OH EPA has required assessment monitoring onsite to determine the extent and 

rate of contamination and to address the contamination.
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 52 DamageCaseEval_AppendixC_Final_v1 

25) Industrial Excess Landfill (IEL) Superfund Site

Hyman Budoff/Merle & Charles Kittinger

Uniontown, OH

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill in a Sand and Gravel Mine 

Background and Description

The Industrial Excess Landfill (IEL) Superfund Site located in Uniontown, Ohio began receiving wastes 

in the early 1960s. The landfill area covers approximately 30 acres and was a sand and gravel mine prior 

to 1959. It is estimated that one million tons of coal combustion residuals (CCRs) were disposed of in the 

landfill in the mid-1960s, and then in the late 1960s through the 1970s, approximately one million gallons 

of industrial organic chemical liquid wastes were dumped into an evaporation lagoon constructed onsite. 

In addition to the industrial wastes, hospital wastes, septic tank wastes, and general public wastes were 

disposed of in the landfill. Chemical wastes were no longer dumped after 1972 and the landfill was closed 

in 1980 and covered with sand and gravel. In 1986, the site was listed on the EPA’s National Priorities 

List (NPL) as a Superfund site. Groundwater has been monitored both onsite and offsite. 

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that levels of antimony, arsenic, barium, beryllium, 

chromium, lead, mercury, nickel, radium, and thallium exceeded primary EPA Maximum Contaminant 

Levels (MCLs) in both onsite and offsite groundwater. Additionally, several other constituents exceeded 

federal standards and/or action levels in both onsite and offsite groundwater. 

The EIP/EJ/SC August 2010 Report also indicates that cancer rates in neighborhoods around the site 

show a high incidence, with one neighborhood reporting cancer in nearly every home. 

Complaints began as early as 1971 when the public voiced concerns about pollution. In 1986, the EPA 

added the landfill to the NPL as a Superfund site, and in 1987 the EPA signed a Record of Decision 

(ROD) to supply public water supply hook-ups to over 100 homes for free. The EPA signed a second 

ROD in 1989 to clean up the site, and remedial action was deemed complete in 2005. 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 53 DamageCaseEval_AppendixC_Final_v1 

Evaluation against Proven Damage Criteria

Other Considerations

 The landfill contains a significant amount of other than CCR wastes, including industrial organic 

chemical liquid wastes, hospital wastes, septic tank wastes, and general public wastes.

 There are reportedly 3,912 registered private wells within a two mile radius of the site. 

 Tens of thousands of people live within three miles of the site, with several thousand living 

within one mile. 

 It is estimated that 30% of residents near the site still use private wells. 

Classification

Not a Damage Case

Rationale

Although there are numerous exceedances of primary and secondary EPA MCLs in both onsite and 

offsite groundwater, high incidences of cancer in the surrounding neighborhoods, and several regulatory 

actions, there are no explicit indications that CCRs are solely responsible for the damages. Large 

quantities of other non-CCR wastes have been co-managed at the landfill since the 1960’s.

Additional Sources

US EPA. Region 5 Cleanup Sites. Accessed October 11, 2010 at 

http://www.epa.gov/Region5/sites/iel/index.htm

Hardy Road Landfill and Industrial Excess Landfill, A Superfund Site, Jim L. Jackson, James R. Bauder, 

James Hardy, And Mark S. Kennedy, Field Studies: Center for Environmental Studies, The University of 

Akron https://kb.osu.edu/dspace/bitstream/1811/23315/1/V089N3_045.pdf last accessed 10/30/10

Criteria Evaluation

Criterion 1:  Offsite groundwater exceeded primary EPA MCLs for antimony, arsenic, barium, 

beryllium, chromium, lead, mercury, nickel, radium, and thallium.

 Onsite groundwater exceeded primary MCLs for antimony, arsenic, barium, 

beryllium, chromium, lead, mercury, nickel, radium, and thallium.

Criterion 2:  The surrounding neighborhoods have shown a high cancer incidence rate and one 

neighborhood has reported cancer in nearly every home.

Criterion 3:  The EPA added the site to the NPL as a Superfund site in 1986.

 The EPA signed a ROD in 1987 to supply free public water to over 100 homes.

 The EPA signed a second ROD in 1989 to clean up the site and deemed remedial 

actions complete in 2005. 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 54 DamageCaseEval_AppendixC_Final_v1 

26) Muskingum River Plant

American Electric Power - Ohio Power Company

Beverly, OH

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Surface Impoundment

Background and Description

The Muskingum River Plant located in Beverly, Ohio receives coal combustion residuals (CCRs) from 

American Electric Power (AEP) d/b/a Ohio Power Company. The site consists of a fly ash reservoir along 

the Muskingum River, which eventually discharges into the Ohio River. Groundwater and seepage water 

have been evaluated onsite; however, no offsite assessment or monitoring has been required. 

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that levels of barium and gross alpha exceeded the primary 

EPA Maximum Contaminant Level (MCL) in onsite groundwater. Additionally, iron, sulfate, and total 

dissolved solids (TDS) exceeded secondary EPA MCLs (SMCLs) in onsite groundwater. 

The EIP/EJ/SC August 2010 Report also indicates that levels of arsenic, barium, and mercury exceeded 

primary EPA MCLs in seepage from the fly ash reservoir dam. Additionally, sulfate exceeded the EPA 

SMCLs in seepage from the fly ash reservoir dam. It should be noted, however, that MCL criteria are not 

applicable to surface waters. Furthermore, high conductivity in wells has been detected in onsite 

groundwater outside of the expected acceptable range suitable for certain species of fish and macro 

invertebrates. 

The Ohio Environmental Protection Agency (OH EPA) mandated AEP to implement a groundwater 

monitoring plan and install 15 groundwater monitoring wells, four groundwater elevation monitoring 

wells, and five piezometers. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater exceeded the primary EPA MCLs for barium and gross alpha.

 Onsite groundwater exceeded EPA SMCLs for iron, sulfate, and TDS.

 No offsite groundwater data are available.

Criterion 2:  Onsite seepage from the fly ash reservoir dam found concentrations of arsenic, 

barium, mercury, and sulfate.

 High conductivity was detected in two onsite wells, which exceeded the acceptable 

range suitable for certain species of fish or macro invertebrates. 

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 55 DamageCaseEval_AppendixC_Final_v1 

Other Considerations

 There are reportedly 70 private drinking water wells within a two mile radius of the fly ash 

reservoir. 

 In its 2007 Damage Case Assessment Report, US EPA rejected the Muskingam Plant as a damage 

case with no evidence of onsite or offsite groundwater exceedances available at the time. OH 

EPA required monitoring indicated the exceedances. 

Classification

Potential Damage

Rationale

Groundwater exceedances of primary (barium and gross alpha) and secondary MCLs (iron, sulfate, and 

TDS) have been reported onsite. There has not been any assessment of groundwater or surface water 

offsite and there are no other impact or damage claims. Groundwater monitoring is required by the OH 

EPA; however, these actions are not being driven by an administrative ruling or court decision that has an 

explicit finding of specific damage to human health or the environment.

Additional Sources

US EPA. 2007. U.S. Environmental Protection Agency (US EPA), Office of Solid Waste. Coal 

Combustion Waste Damage Case Assessments July 9 2007. Cases No. 59 and 60 77, Muskingum River 

Power Plant Cardinal PFBC Monofill and Cardinal Fly Ash Reservoir II Impoundment. Docket Number 

EPA-HQ-RCRA-2006-0796-0015.
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 56 DamageCaseEval_AppendixC_Final_v1 

27) Northeastern Station Ash Landfill

American Electric Power - Public Service Company of Oklahoma

Oologah, OK

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill and Surface Impoundment

Background and Description

Northeastern Station, located in Oologah, Oklahoma, has disposed of coal combustion residuals (CCRs) 

from American Electric Power (AEP) in a landfill since 1978. The landfill is located approximately 75 

feet from the Verdigris River. It occupies 65 acres, is unlined, and operates under Oklahoma State 

Department of Health permit FA3566010. Although CCRs have been disposed of onsite since 1978, site 

monitoring did not begin until 2008. Groundwater has been evaluated onsite for the landfill; however, no 

offsite assessment or monitoring has been required. There is also a 69 acre bottom ash impoundment 

onsite but it has not been subject to groundwater monitoring.

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that levels of arsenic, barium, chromium, lead, selenium,

and thallium exceeded primary EPA Maximum Contaminant Levels (MCLs) in onsite groundwater. 

Additionally, sulfate and pH exceeded secondary EPA MCLs (SMCLs) and vanadium exceeded state 

health-based standards in onsite groundwater. 

The EIP/EJ/SC August 2010 Report also indicates that the Oklahoma Department of Environmental 

Quality (ODEQ) required AEP to establish a groundwater monitoring program at the landfill. As a result 

of this program, ODEQ concluded that due to the relatively high flow of groundwater through limestone 

and the proximity to the river, the plume might have reached the Verdigris River. This prompted ODEQ 

to require further investigation and possible remedial action. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater exceeded primary EPA MCLs for arsenic, barium, chromium, 

lead, selenium, and thallium.

 Onsite groundwater exceeded EPA SMCLs for sulfate and pH and state health-based 

standards for vanadium.

 No offsite groundwater data are available. 

Criterion 2:  None

Criterion 3:  ODEQ required AEP to establish a groundwater monitoring program and later 

required further investigation and possible remedial action.
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 57 DamageCaseEval_AppendixC_Final_v1 

Other Considerations

 There are six private drinking water wells in the town of Oolagah, and three public drinking water 

wells within a five mile radius of the site. 

Classification

Potential Damage

Rationale

Groundwater exceedances of primary and secondary EPA MCLs, as well as state health-based standards 

have been found onsite. There has not been any assessment of groundwater or surface water offsite and 

there are no other impact or damage claims. AEP is required to monitor groundwater quarterly and may 

be required to remediate the site; however, these actions are not being driven by an administrative ruling 

or court decision that has an explicit finding of specific damage to human health or the environment.

Additional Sources

Hampton, Joy. Claremore Daily Progress, DEQ: Public drinking water in Oologah is safe. (September 

2010). Accessed October 12, 2010 at http://claremoreprogress.com/local/x955423905/DEQ-Publicdrinking-water-in-Oologah-is-safe
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 58 DamageCaseEval_AppendixC_Final_v1 

28) Boardman Plant

Portland General Electric Company (PGE)

Boardman, OR

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill, cooling water reservoir, and wastewater ponds

Background and Description

The Boardman Plant, located in Boardman, Oregon, has received coal combustion residuals (CCRs) from 

the Portland General Electric Company (PGE) since the mid-1970s. The site contains several CCR 

disposal areas, including a lined 40 acre landfill, a 1,500 acre closed-loop cooling water reservoir, and six 

industrial wastewater ponds, two of which are lined. The reservoir is approximately 3 miles long and also 

accepts liquid industrial wastes. Groundwater and surface water have been evaluated onsite; however, no 

offsite assessment or monitoring has been required. 

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that levels of arsenic exceeded the primary EPA Maximum 

Contaminant Level (MCL) in onsite groundwater. Additionally, total dissolved solids (TDS) exceeded the 

secondary EPA MCL (SMCL); selenium and TDS exceeded the Oregon Numerical Groundwater Quality 

Reference Levels, and vanadium exceeded health-based standards (from Florida and Minnesota) in onsite 

groundwater. 

Evaluation against Proven Damage Criteria

Other Considerations

 It should be noted that the EPA MCL exceedances for arsenic were observed across the reservoir 

away from the landfill and wastewater ponds, and could be a related to 

farming/livestock/agricultural activity rather than CCR-related sources. 

 The reservoir accepts also industrial liquid wastes. 

Criteria Evaluation

Criterion 1:  Onsite groundwater exceeded the primary EPA MCL for arsenic.

 Onsite groundwater exceeded the EPA SMCL for TDS, the Oregon Numerical 

Groundwater Quality Reference Levels for selenium and TDS, and health-based 

standards (from Florida and Minnesota) for vanadium in onsite groundwater.

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 59 DamageCaseEval_AppendixC_Final_v1 

 Groundwater in the area is used for commercial irrigation and water supply. There are reportedly 

14 wells for irrigation, 19 wells for private water supply, and 18 wells for livestock watering 

within five miles of the site. 

 Numerical Groundwater Quality Reference Levels are not health-based, and the health-based 

standard for vanadium cited in the EIP/EJ/SC August 2010 Report is not applicable to the state of 

Oregon, where the site is located. 

Classification

Inadequate Information

Rationale

Groundwater exceedances of primary and secondary EPA MCLs have been found onsite but at distance 

and upgradient from CCR materials. There is inadequate information to determine whether exceedances 

are site- related, from offsite sources, or from on-site but non-CCR sources. There has not been any 

assessment of groundwater or surface water offsite and there are no other impact or damage claims. There 

are no regulatory corrective actions, administrative rulings, or court decisions associated with the coal ash 

disposal units. 

Additional Sources
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 60 DamageCaseEval_AppendixC_Final_v1 

29) Bruce Mansfield Power Station

FirstEnergy

Shippingport, PA

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste,

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Surface impoundment

Background and Description

The Bruce Mansfield Power Station, located in Shippingport, Pennsylvania, has disposed of 

approximately 1-3 million gallons per day of coal ash from FirstEnergy into the Little Blue Run surface 

impoundment that is located near the Ohio River. The coal ash slurry is transported from the Bruce 

Mansfield Power Plant to the surface impoundment via a 7.5 mile pipe. The impoundment is unlined, 

covers an area of approximately 900-1300 acres, and spans across both Pennsylvania and West Virginia, 

with an earthen dam immediately across from Ohio. The 400 foot high earthen dam is the the largest of its 

kind east of the Mississippi. FirstEnergy holds various permits for the site, including NPDES discharge 

permits (PA0027260) for the outfalls as well as a Pennsylvania Clean Streams Law permit (PA0027481) 

and a Solid Waste permit (300558). Groundwater and surface water have been monitored both onsite and 

offsite. Many of the offsite wells have been acquired by FirstEnergy. In 2007, the Plant was sued by 

residents in its vicinity due to violations of air emissions that resulted in documented health impacts, and 

the suit was resolved in 2009 through a Partial Consent Decree.

Impact and Damage Claims

The EIP/EJ/SC August 2010 Report indicates that levels of arsenic, barium, cadmium, fluoride, lead, and 

turbidity exceeded primary EPA Maximum Contaminant Levels (MCLs) in both onsite and offsite 

groundwater. Additionally, aluminum, chloride, iron, manganese, sulfate, pH, and total dissolved solids 

(TDS) exceeded secondary EPA MCLs (SMCLs) in both onsite and offsite groundwater. It is important to 

note that although exceedances were found in offsite groundwater, these wells have since been acquired 

by FirstEnergy.

The EIP/EJ/SC August 2010 Report also indicates that levels of arsenic, antimony, boron, cadmium, 

hexavalent chromium, lead, selenium, and thallium exceeded Pennsylvania water quality criteria (PA 

WQC) in both onsite and offsite surface waters. Additionally, several constituents exceeded criteria 

continuous concentrations (CCCs) and criteria maximum concentrations (CMCs).

The EIP/EJ/SC August 2010 Report cites numerous incidents that have occurred at or near the Bruce 

Mansfield Power Station, including coal ash fugitive dust covering homes, rotten eggs’ odor, and various 

unregulated discharge issues including 800 gallons of scrubber sludge, 100 gallons of CCR slurry, and 

discolored waters. Additionally, many permit violations have occurred at outfalls located around the site. 

The Pennsylvania Department of Environmental Protection (PADEP) has issued a number of Notices of

Violation (NOV) regarding fugitive dust, discolored water, groundwater contamination, etc.
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Evaluation against Proven Damage Criteria

Other Considerations

 At least 22 private wells have been contaminated and acquired by FirstEnergy. The impacted 

residents have been supplied alternate drinking water. 

 There is no public water supply in Greene Township, where all residents are on private wells.

 Data is unavailable for the West Virginia side of the impoundment. 

Classification

Proven Damage

Rationale

Groundwater exceedances of primary and secondary EPA MCLs have been found both onsite and offsite, 

although FirstEnergy has acquired contaminated wells located offsite. Surface water exceedances of PA 

WQC, CCC, and CMC have been found both onsite and offsite. Several impacts to the surrounding area 

have occurred, including dust, odor, and discharge issues. PADEP has issued several NOVs to 

FirstEnergy for reasons including dust, discolored water, and groundwater contamination. 

Additional Sources

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

http://www.epa.gov/osw/nonhaz/industrial/special/fossil/surveys/first-mansfield.pdf

Environmental News Service. Polluting Pennsylvania Power Plant Sued by Neighbors (October 2007). 

Accessed on October 12, 2010 at http://www.ens-newswire.com/ens/oct2007/2007-10-18-092.html

PennFuture Legal Cases/Current Cases, accessed on October 25, 2010: 

http://www.pennfuture.org/legal_detail.aspx?Type=C&LegalCaseID=47

Criteria Evaluation

Criterion 1:  Onsite and offsite groundwater exceeded primary EPA MCLs for arsenic, barium, 

cadmium, fluoride, lead, and turbidity.

 Onsite and offsite groundwater exceeded EPA SMCLs for aluminum, chloride, iron, 

manganese, sulfate, pH, and TDS.

 Offsite wells have since been acquired by FirstEnergy.

Criterion 2:  Onsite and offsite surface waters exceeded PA WQCs, CCCs, and/or CMCs for

arsenic, antimony, boron, cadmium, hexavalent chromium, lead, selenium, and 

thallium.

 Incidents have occurred near the site including coal ash fugitive dust covering homes, 

rotten eggs’ odor, and various unregulated discharge issues including 800 gallons of 

scrubber sludge, 100 gallons of CCR slurry, and discolored waters.

Criterion 3:  PADEP has issued several NOVs concerning fugitive dust, discolored water from 

discharge, and groundwater contamination. 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 62 DamageCaseEval_AppendixC_Final_v1 

30) Hatfield’s Ferry Power Station 

Allegheny Energy Supply Company

Masontown, PA

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill, Surface Impoundment, and a minefill

Background and Description

The Hatfield’s Ferry Power Station began operation in 1969, with the Pennsylvania Department of 

Environmental Protection (PADEP) issuing a coal combustion residuals (CCRs) landfill permit in 1984. 

The first landfill was a 40-acre unlined area designated as Phase 1 and Phase 2. These two units were also 

built with a leachate collection system and under-drain system to collect groundwater in the coal ash. 

Until 2001, leachate and wastewater were discharged directly to an earthen impoundment and then into a 

tributary of Little Whitely Creek. In 2001, the PADEP determined this discharge was in violation of its 

National Pollutant Discharge Elimination System (NPDES) permit (No. PA0002941), following which 

the operator implemented a passive wetland treatment system for the leachate. This system includes an 

equalization basin, four wetland cells, five rock drain cells, and a sedimentation pond. In 1998, the 

PADEP also re-permitted the site, expanding it to 187-acres. In 2009, PADEP also approved the Phase 3 

expansion for a 110 acre disposal site planned with a composite liner. Groundwater monitoring is required 

on site, and surface water samples have also been taken in the discharge tributary and a downstream 

location. The Hartley strip mine, located on a neighboring property to the south, is also used for the 

disposal of CCRs. 

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that onsite groundwater monitoring since 2005 has shown 

contamination of groundwater related to the CCR disposal areas. Exceedances have included arsenic 

above the primary EPA Maximum Contaminant Level (MCL); boron and molybdenum above the EPA’s 

Lifetime Health Advisory; and manganese, sulfate, total dissolved solids (TDS), and aluminum above 

EPA secondary MCLs (SMCLs). These exceedances occurred at a number of monitoring wells around the 

Phase 1 and 2 landfills, the new Phase 3 landfill, the leachate collection sump, and the Hartley mine 

disposal area. The report also notes that because of differing groundwater flows in different aquifers, 

some of the wells monitored as upgradient do not actually meet the criteria for upgradient and do show 

contamination from the CCRs disposal in the area. 

The EIJ/EP/SC August 2010 Report also notes that discharges from the leachate collection system into 

nearby tributaries have polluted surface water offsite and in Whiteley Creek. The report notes that even 

after the NPDES permit violation was noted in 2001, there were continued violations of aluminum, 

manganese, and thallium over permit effluent limits, resulting in a PADEP Consent Order. The report 

specifies that surface water monitoring in the nearby tributary, and downstream in Whiteley Creek show 

elevated levels for a number of constituents over their upstream values, including Pennsylvania Water 

Quality Criteria (WQC) exceedances for boron in the tributary. The report notes that these elevated 

concentrations generally mirror the elevated concentrations measured directly in the discharge sump as 

well as the groundwater concentrations. The report also notes that a 2006 habitat and stream survey 

undertaken by a third party consultant (GAI Consultants) indicated that CCR leachate degraded the two
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 63 DamageCaseEval_AppendixC_Final_v1 

streams closest to the landfill. It notes that the tributary which receives the leachate discharge (previously 

untreated) and the closest tributary to the Phase 2 landfill both have had impaired benthic 

macroinvertebrate populations, and now have populations only of organisms resistant to pollution. The 

consultants concluded that the studies indicate a disturbed habitat in both tributaries. 

Evaluation against Proven Damage Criteria

Other Considerations

There are 7 private drinking water wells and one public drinking water well within a two-mile radius of 

the Hatfield’s Ferry CCW disposal areas. 

Classification

Potential Damage

Pending Access to the Original Report (GAI Consultants) for consideration of proven ecological damage

Rationale

Groundwater exceedances of the primary EPA MCL for arsenic, the EPA Lifetime Health Advisory for 

boron and molybdenum, and the SMCL for sulfate, manganese and TDS have been found onsite. 

Although a habitat and stream survey undertaken by a third party consultant indicated impaired benthic 

macroinvertebrate populations in the two tributaries nearest the landfill (one of which receives leachate 

discharge), the study could not be located and reviewed. The PADEP entered a COA with Allegheny 

Energy because of violations of NPDES limits for three contaminants and required corrective actions;

however the COA did not indicate a finding of specific damage to human health or the environment.

Additional Sources

US EPA, Facility Registry System, Facility Detail Report, Hatfield Power Station, Accessed Online Oct 

2010. http://iaspub.epa.gov/enviro/fii_query_dtl.disp_program_facility?p_registry_id=110017437148

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded primary EPA MCL for arsenic.

 Onsite groundwater data exceeded the EPA Lifetime Health Advisory for boron and 

molybdenum. 

 Onsite groundwater data exceeded EPA SMCLs for sulfate, manganese, and TDS.

 No offsite groundwater data are available.

Criterion 2:  Surface water monitoring indicates elevated levels of contaminants compared to 

upstream values, including boron over the PA WQC. 

 Effluent samples from the wetland treatment system indicate violations of aluminum, 

manganese, and thallium over NPDES permit effluent limits.

 A habitat and stream survey found that the two tributaries closest to the landfills, one 

of which receives the leachate discharge, had impacted populations of benthic 

macroinvertebrates. 

Criterion 3:  PADEP entered into a Consent Order and Agreement (COA) with Allegheny Energy 

in 2008 because of violations of the NPDES permit effluent limits for aluminum, 

manganese, and thallium. The COA required a corrective action plan and once 

approved allows two years to implement corrective actions for the illegal discharges. 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 64 DamageCaseEval_AppendixC_Final_v1 

Quirindongo, Mayra. Coal Combustion Waste in Pennsylvania: The Case of the Hatfield’s Ferry Landfill. 

Natural Resource Defense Council. 2007. Accessed Online Oct 2010. 

http://www.nrdc.org/health/effects/coal/coalpa.pdf
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 65 DamageCaseEval_AppendixC_Final_v1 

31) Big Stone Power Plant 

Otter Tail Power

Big Stone City, SD

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfill, Surface Impoundments, and Cooling and Evaporation ponds

Background and Description

The Big Stone Power Plant is located in a rural area near Big Stone Lake, approximately one mile from 

Big Stone City, South Dakota. The plant consists of a coal combustion residuals (CCR) landfill, a bottom 

ash pond, and seven other waste disposal ponds. The landfill, which receives mostly dry fly ash and some 

dredged CCRs, also has an associated unlined ash pond for storm water runoff. The landfill and ash pond, 

along with two lined brine ponds, two unlined lime sludge water softener ponds, and an inert construction 

debris landfill are all under the plant’s solid waste permit. The site also has a cooling pond, an 

evaporation pond, a holding pond, and a sluiced bottom ash settling pond, all of which are not managed 

under the solid waste permit. The brine ponds, cooling ponds, evaporation pond, and holding pond form a 

closed loop of water. Both the cooling and evaporation ponds are each nearly a mile wide. Groundwater 

monitoring on the site consists of 25 wells, though the lime sludge ponds and the northern and eastern 

edges of the cooling or evaporation ponds are not monitored. No offsite groundwater data is available. 

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that monitoring onsite found groundwater contamination in 

21 of 25 monitoring wells which screen the shallow and intermediate aquifers. The report indicated that 

arsenic and lead were both found in multiple wells above the primary EPA Maximum Contaminant Level 

(MCL), most commonly in wells near the brine ponds. The report also notes boron above the EPA 

Lifetime Health Advisory in eight wells, and sulfate, chloride, and total dissolved solids (TDS) above the 

secondary EPA MCLs (SMCLs) in a number of wells. Strontium was also found in two wells above the 

EPA Lifetime Health Advisory. The report notes that South Dakota Department of Environment and 

Natural Resources (DENR) officials insist contamination comes from water softener in the brine wastes. 

The EIJ/EP/SC August 2010 Report counters that sulfate, boron, and strontium concentrations all 

generally correspond with the lead and arsenic exceedances. Under the DENR permit, boron, sulfate and 

strontium are designated as ash monitoring parameters, indicating CCR is a significant source of the 

pollution. 

The EIJ/EP/SC August 2010 Report also indicates that for a number of reasons, current monitoring is 

insufficient and cannot define the extent of contamination. For example, it notes that the cooling pond 

causes considerable groundwater contamination and shares a border with the plant property line; no 

monitoring wells, however, exist on this perimeter. It also notes that the closed loop of water, including 

the brine ponds, does not have a permitted surface discharge which means evaporation and leaching into 

the shallow groundwater are the only exit routes from the system. 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 66 DamageCaseEval_AppendixC_Final_v1 

Evaluation against Proven Damage Criteria

Other Considerations

 The South Dakota DENR alleges that all the groundwater contamination reported is related to the 

water treatment process and not to CCR disposal. They indicate that monitoring around the ash 

landfill does not show contamination. 

 The South Dakota DENR also refute the EIJ/EP/SC August 2010 Report claim of elevated sulfate 

and metals indicating CCR damage, noting that ambient groundwater quality in the glacial till 

area is highly mineralized, including elevated sulfate in ambient concentrations. 

Classification

Not a Damage Case

Rationale

Although there are exceedances of primary EPA MCLs, EPA Lifetime Health Advisories, and EPA 

SMCLs in onsite groundwater, the exceedances generally occur near the brine ponds and are possibly 

related to the water softening and treatment process: CCRs cannot be directly implicated as a source of 

the contamination. There are no administrative rulings or court decisions associated with the site. 

Additional Sources

Waste Management Program – Coal Ash. South Dakota DENR. Correspondence with Environmental 

Integrity Project. Accessed Online, Oct 2010. http://denr.sd.gov/coalash.aspx#Correspondence

Jim Wendte, Mark Quarles. Email Correspondence between Earthjustice and South Dakota DENR. July 6

to July 15 Emails. Accessed Online Oct 2010. http://denr.sd.gov/des/wm/coalash/ccreip2.pdf

Jim Wendte, Mark Quarles. Email Correspondence between Earthjustice and South Dakota DENR. May 6 

to June 25 Emails. Accessed Online Oct 2010. http://denr.sd.gov/des/wm/coalash/ccreip1.pdf

Jim Wendte, Mark Quarles. Email Correspondence between Earthjustice and South Dakota DENR and 

attached data. July 16 to July 21 Emails. Accessed Online Oct 2010. 

http://denr.sd.gov/des/wm/coalash/ccreip3.pdf

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded primary EPA MCLs for arsenic and lead. 

 Onsite groundwater data exceeded the EPA Lifetime Health Advisory for boron and 

strontium. 

 Onsite groundwater data exceeded EPA SMCLs for sulfate, chloride, and TDS.

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

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32) Cumberland Steam Plant 

Tennessee Valley Authority

Cumberland City, TN

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Surface Impoundments and ash stack

Background and Description

The Cumberland Fossil Plant has two coal-fired generating units, consuming approximately 20,000 tons 

of coal per day. Construction of the plant began in 1968, and the plant came online in 1973. The plant has 

three coal combustion residual (CCR) disposal/storage areas on site. A gypsum storage area covers 170 

acres and was built in 1996 on top of the plant’s original ash pond (circa 1969). Another ash pond covers 

50 acres and was built in 1969, requiring the movement of Wells Creek. A dry ash stack that covers 110 

acres was also started in 1969, has a maximum height of approximately 35 feet, and is being built over a 

sluiced ash disposal area. The plant is located in a rural area with approximately 440 houses within 3 

miles, the majority of which use groundwater as a drinking source. Tennessee Valley Authority (TVA) 

collects groundwater from a number of downgradient wells and a few upgradient wells; however, no 

offsite groundwater data is available.

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that monitoring onsite found groundwater contamination in 

downgradient wells including arsenic and selenium above the primary EPA Maximum Contaminant 

Levels (MCLs); boron exceeding the EPA’s Health Advisory for Children; and aluminum, chloride, iron, 

manganese, sulfate, and total dissolved solids (TDS) exceeding their secondary EPA MCLs (SMCLs). 

The report also notes that for all these contaminants, the upgradient samples were generally at lower 

concentrations or below the detection limit, indicating that the CCR disposal sites are the primary source 

of contamination. 

Evaluation against Proven Damage Criteria

Other Considerations

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded primary EPA MCLs for arsenic and selenium. 

 Onsite groundwater data exceeded the EPA Health Advisory for Children for boron. 

 Onsite groundwater data exceeded EPA SMCLs for aluminum, chloride, iron, 

manganese, sulfate, and TDS.

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 68 DamageCaseEval_AppendixC_Final_v1 

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for arsenic and selenium, the EPA Child Health 

Advisory for boron, and the SMCL for aluminum, chloride, iron, sulfate manganese, and TDS have been 

found onsite. There are no administrative rulings or court decisions associated with the site.

Additional Sources

Stantec. 2009. TVA Disposal Facility Assessment. Phase 1 Plant Summary- Cumberland Fossil Plant 

(CUF). Accessed Online Oct 2010. 

http://www.tva.gov/power/stantec/tn/rpt_001_tn_report_171468118.pdf (Report)

http://www.tva.gov/power/stantec/tn/rpt_006_appndx_d_cuf_171468118.pdf (Appendix)
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 69 DamageCaseEval_AppendixC_Final_v1 

33) Gallatin Fossil Plant 

Tennessee Valley Authority

Gallatin, TN

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Closed and Active Surface Impoundment 

Background and Description

The Gallatin Fossil Plant, located on the Cumberland River northeast of Nashville, Tennessee, was 

opened in 1959. The plant has three coal combustion residual (CCR) disposal areas onsite. The first is an 

unlined bottom ash impoundment which covers approximately 248 acres. The second is an unlined fly ash 

impoundment which covers approximately 167 acres. The third is an unlined ash impoundment which 

covers approximately 73 acres and was the first of the three sites, opening in the late 1950s. CCRs were 

sluiced into this area until 1970 when the area was abandoned. A closure plan was approved in 1997, with 

the work completed in 1998. Treated water from the Cumberland River is a common municipal water 

supply source in the area, including for the Gallatin Water Department which is located just over a mile 

downstream from the impoundments. However, no offsite monitoring data is available. 

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that monitoring onsite around the closed ash impoundment 

found exceedances of the primary EPA Maximum Contaminant Level (MCL) and secondary EPA MCL 

(SMCL) for a variety of constituents. The report notes that beryllium and cadmium exceeded the primary 

EPA MCL in a number of onsite samples, while nickel exceeded the Tennessee state groundwater MCL 

and boron exceeded the EPA Health Advisory Level for Children. The report notes that upgradient 

concentrations for these chemicals were consistently lower than downgradient concentrations, and were 

often below the detection limit. The report also notes that sulfate, manganese, iron, and total dissolved 

solids (TDS) were above their SMCLs in downgradient wells and followed similar pattern of having 

much lower values upgradient from the impoundments. The report indicates that hydrogeologic studies 

indicate the shallow groundwater near the closed ash area is moving towards and discharging into the 

Cumberland River. The report notes that surface water monitoring data for the two active ponds is not 

available. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded primary EPA MCLs for cadmium and beryllium. 

 Onsite groundwater data exceeded the EPA Health Advisory for Children for boron 

and the Tennessee groundwater MCL for nickel.

 Onsite groundwater data exceeded EPA SMCLs for iron, manganese, sulfate, and 

TDS.

 No offsite groundwater data are available.

Criterion 2:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 70 DamageCaseEval_AppendixC_Final_v1 

Other Considerations

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for cadmium and beryllium, the EPA Child Health 

Advisory for boron, the Tennessee groundwater MCL for nickel, and the EPA SMCL for iron, sulfate 

manganese, and TDS have been found onsite. There are no administrative rulings or court decisions 

associated with the site.

Additional Sources

Stantec 2009. TVA Disposal Facility Assessment, Gallatin Fossil Plant. Accessed Online Oct 2010

http://www.tennessee.gov/environment/kingston/pdf/tva/StantecGallatinAnalysisE.pdf

http://www.tva.gov/power/stantec/tn/rpt_001_tn_report_171468118.pdf (Report)

http://www.tva.gov/power/stantec/tn/rpt_007_appndx_e_gaf_171468118.pdf (Appendix)

http://www.tva.gov/power/stantec/tn/rpt_002_all_11x17_aerials_171468118_tn.pdf (aerial image)

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 71 DamageCaseEval_AppendixC_Final_v1 

34) Johnsonville Fossil Plant 

Tennessee Valley Authority

New Johnsonville, TN

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Surface Impoundments and Landfills 

Background and Description

The Johnsonville Fossil Plant, opened in 1952, has 10 coal generating units and is the oldest coal plant in 

Tennessee. The plant lies on the Tennessee River near Kentucky Lake, both of which are popular 

recreation areas. Tennessee Valley Authority (TVA), the operator, has four ash disposal areas at this 

plant. Three units (a 35-acre former pond for dredged ash, a 95-acre former landfill, and a 45-acre unlined 

ash pond) known as Area A, have all been closed. The fourth area is an 87-acre unlined coal combustion 

residual (CCR) disposal area known as Areas 2 & 3, and is located on an island in the Tennessee River. 

Groundwater monitoring began at the site in 1990; however, TVA did not monitor continuously so only 

data from select years are available at any of the given units. There are estimated to be over 1,000 

households within a 3 mile radius, some using groundwater as a drinking source. In addition, both New 

Johnsonville and the City of Camden intake their municipal water supplies from the Tennessee River near 

the Johnsonville’s plant outfalls. No offsite groundwater data is available. 

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that monitoring onsite found exceedances of the primary 

EPA Maximum Contaminant Levels (MCLs) and secondary EPA MCLs (SMCLs) for a variety of 

constituents at the four CCR disposal areas. The report notes that the active island area had primary EPA 

MCL exceedances for arsenic, cadmium and lead; boron and molybdenum above their EPA Lifetime 

Health Advisory levels; and aluminum, iron, manganese, sulfate, and total dissolved solids (TDS) above 

their EPA SMCLs. The report also notes similar exceedances for primary and secondary MCLs at Area A,

and similar EPA SMCL exceedances at the two other disposal areas. The report also notes that 

groundwater under these disposal areas generally flows south west and ultimately discharges to the 

Tennessee River. It also notes that some of these chemicals were also measured at the water intake point 

in the Tennessee River at levels above EPA Water Quality Criteria for Human Health, most noticeably 

manganese, iron, and aluminum. 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 72 DamageCaseEval_AppendixC_Final_v1 

Evaluation against Proven Damage Criteria

Other Considerations

 The highest groundwater exceedances occurred on the island disposal site, though the exact 

location of these monitoring wells could not be verified. 

 Groundwater data as presented in the EIJ/EP/SC August 2010 Report is only available from the 

late 1980’s and early 1990’s, as the plant stopped monitoring in 1994. 

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for arsenic, cadmium, and lead; the SMCL for 

aluminum, iron, manganese, sulfate, and TDS; and the EPA Lifetime Health Advisory levels for boron 

and molybdenum have been found onsite. While WQC exceedances were found in offsite surface water,

there is no scientific study available that explicitly documents evidence of damage to human health or the 

environment. There are no administrative rulings or court decisions associated with the site.

Additional Sources

Stantec 2009. TVA Disposal Facility Assessment, Johnsonville Fossil Plant. Accessed Online Oct 2010

http://www.tennessee.gov/environment/kingston/pdf/tva/StantecJohnsonvilleAnalysisG.pdf

http://www.tva.gov/power/stantec/tn/rpt_001_tn_report_171468118.pdf (Report)

http://www.tva.gov/power/stantec/tn/rpt_007_appndx_e_gaf_171468118.pdf (Appendix)

http://www.tva.gov/power/stantec/tn/rpt_002_all_11x17_aerials_171468118_tn.pdf (aerial image)

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded primary EPA MCLs for arsenic, cadmium, and 

lead.

 Onsite groundwater data exceeded the EPA Lifetime Health Advisory levels for boron 

and molybdenum. 

 Onsite groundwater data exceeded EPA SMCLs for aluminum, iron, manganese, 

sulfate, and TDS.

 No offsite groundwater data are available.

Criterion 2:  Surface water measurements in the Tennessee River indicate manganese, iron, and 

aluminum above the EPAs Water Quality Criteria. 

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

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35) Fayette Power Project (Sam Seymour) 

Lower Colorado River Authority

La Grange, TX

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Surface Impoundments and landfills

Background and Description

The Fayette Power Project has four waste management units onsite which are currently active. The coal 

ash pond, which receives coal combustion residuals (CCRs) from Units 1 and 2, began operation in 1979, 

has a clay liner, and storage capacity of 3.7 million cubic yards. Half of the pond was closed down in 

1988. The Lower Colorado River Authority (LCRA) has submitted plans to completely close the coal ash 

pond. The site also has a reclaim pond, a coal ash landfill, and a class 2 sanitary landfill. The reclaim 

pond includes CCR materials (FGD byproduct, sludge from the reaction tank, and fly ash particulate 

entrained in water from the coal ash pond) along with other miscellaneous lower volume wastewater. The 

facility discharges are NPDES permitted Texas Pollutant Discharge Elimination System (TPDES) Permit 

No. WQ00020105 (TX0073121) issued by the Texas Commission on Environmental Quality (TCEQ) on 

April 25, 2005. The Class 2 landfill opened in 1979 and accepted non-CCR wastes such as construction 

materials, blast media, insulation-, cleaning- and painting waste, fluorescent lamps and more. The CCR 

landfill is used for dry handling of CCR materials, primarily FGD gypsum. The plant is located on Lake 

Fayette, which is a popular recreational lake for fishing and boating in central Texas. In addition to the 

recreational and camping areas, there are reportedly 42 private drinking wells within 2 miles of the site. 

Groundwater from the site generally discharges into Cedar Creek or Baylor Creek nearby; however, no 

offsite groundwater monitoring data is available.

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that groundwater monitoring in 2009 found multiple 

instances of onsite contamination at levels above the Texas Protective Contamination Levels (PCLs) and 

primary EPA Maximum Contaminant Levels (MCLs). Cobalt above both the residential and commercial 

PCL was found downgradient of the CCR landfill, and molybdenum above the residential PCL was found 

downgradient of the coal ash pond. Selenium was also found above the primary EPA MCL (and PCLs) 

near the reclaim pond. In 2005, the Texas Commission on Environmental Quality (TCEQ) required a 

selenium assessment at the ash pond as the likely source of selenium, though investigations remain 

underway. 

Monitoring also found aluminum, chloride, manganese, sulfate, and total dissolved solids (TDS) above 

secondary EPA MCLs (SMCLs) at various monitoring wells located downgradient from all the waste 

management units at the site. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded primary EPA MCLs for selenium.
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

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Other Considerations

 In addition to CCRs, the reclaim pond also receives wastewater treatment sludge and waste metal 

cleaning solution.

 Arsenic was also detected on the site above the primary EPA MCL downgradient from the Class 

2 landfill in an aquifer not impacted by the CCR disposal sites. The source of arsenic is not 

confirmed as the class 2 landfill, though the CCR disposal units are not likely the cause. Distance 

and relative low waste volume compared to the reclaim pond and coal ash pond suggest the Class 

2 landfill is not the source of selenium and selected other contaminants in wells near the CCR 

units. 

 As a result of measured contamination, the TCEQ notified two neighboring landowners of 

possible molybdenum contamination in groundwater. 

 TCEQ PCLs are not specifically health-based criteria for groundwater. 

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for selenium, and the SMCL for aluminum, chloride, 

manganese, sulfate, and TDS have been found onsite. There are no administrative rulings or court 

decisions associated with the site.

Additional Sources

Fayette Power Project Technical Specifications for Ash Pond Closure Units 1 and 2, September 2010, 

URS for Lower Colorado River Authority

http://www.lcra.org/library/media/public/docs/rfps/2010/5.7629RFP.Technical.Specifications09-23-

10.pdf last accessed 10/30/10

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

http://www.epa.gov/osw/nonhaz/industrial/special/fossil/surveys/lower-co-river.pdf

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

http://www.epa.gov/osw/nonhaz/industrial/special/fossil/surveys/lower-co-river2.pdf

TRRP Protective Concentration Levels, Texas Commission on Environmental Quality. Accessed Online 

Oct 2010 http://www.tceq.state.tx.us/remediation/trrp/trrppcls.html

 Onsite groundwater data exceeded the Texas PCL for cobalt and molybdenum. 

 Onsite groundwater data exceeded EPA SMCLs for aluminum, chloride, manganese, 

sulfate, and TDS.

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

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36) Clinch River Plant 

American Electric Power – Appalachian Power Company

Cleveland, VA

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Surface Impoundments and landfill

Background and Description

The Clinch River plant has two ash ponds and a fly ash landfill. The two ash ponds were commissioned in 

1964, with capacities of 1,240 and 1,332 acre-feet, respectively. Pond Area 1 and the fly ash landfill are

currently active. Pond Area 2 was closed in 1998. The plant lies in a rural area, on the Clinch River, to 

which effluent from the ponds is discharged. The plant has a National Pollutant Discharge Elimination 

System (NPDES) No. VA0001015.

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that a dike failure on Pond Area 1 in June 1967 released 

about 400 acre-feet of ash slurry into Dump’s Creek (which joins Clinch River a half mile downstream) in 

under an hour. The spill equaled approximately 40% of the daily flow for Clinch River, blocked flow for 

several minutes and raised the water level by several meters, forcing some waste nearly a half mile 

upstream. The report notes that studies of the spill determined the high pH as one source of toxicity in the 

released slurry. It also noted that the spill killed approximately 162,000 fish for nearly 66 miles down the 

Clinch River in Virginia and another 55,000 over 24 miles into Tennessee. Studies also noted that benthic 

macroinvertebrates were completely eliminated for nearly 4 miles below the spill, while snails and 

mussels (for which the river is well known and contains multiple species listed as endangered, threatened 

or of special concern) were eliminated for nearly 11 miles downstream of the plant. A study nearly 5 

years later noted that mollusk communities still had significantly reduced numbers for about 18 miles 

downstream, though a smaller acidic spill in 1970 could also have had effect on population recovery. 

Studies later in the 1980s also noted that populations of biota nearer to the discharge point remained 

impaired. They noted that besides the toxic spill, metal concentrations in the effluent for copper and 

aluminum exceeded EPA's Water Quality Criteria (WQC), though copper levels were reduced following 

process modifications in the late 1980s and early 1990s. Recent studies in 2000 and 2002 found that the 

current damages to biota were likely caused by effluent discharges and were less prominent outside the 

area immediately near the discharge point. 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 76 DamageCaseEval_AppendixC_Final_v1 

Evaluation against Proven Damage Criteria

Other Considerations

 This case was listed as a documented case in the EPA’s 1988 Report to Congress and identified 

as a damage case in 1993. However, in the 2007 Coal Combustion Waste Damage Case 

Assessments (EPA-HQ-RCRA-2006-0796-0015) the case was rejected citing “no evidence of

comanagement” based on the 1999 Report to Congress. However, while indeed outside the scope 

of the 1999 Report to Congress due to lack of co-management issues, the case should not have 

been rejected in the 2007 damage case assessment.

Classification

Proven Damage

Rationale

Scientific studies have indicated documented ecological damage in the form of fish, mollusk, and 

macroinvertebrate population damage downstream from the CCR effluent discharge and from the dike 

failure in 1967.

Additional Sources

US EPA. 2007. U.S. Environmental Protection Agency (US EPA), Office of Solid Waste. Coal 

Combustion Waste Damage Case Assessments July 9 2007. Cases No. 59 and 60, Cardinal PFBC 

Monofill and Cardinal Fly Ash Reservoir II Impoundment. Docket Number EPA-HQ-RCRA-2006-0796-

0015.

US EPA, Facility Registry System, Facility Detail Report, American Electric Power – Clinch River Plant, 

Accessed Online Oct 2010. 

http://iaspub.epa.gov/enviro/fii_query_dtl.disp_program_facility?p_registry_id=110000585581

Criteria Evaluation

Criterion 1:  None

Criterion 2:  A dike failure in 1967 resulted in a large spill of ash slurry into the Clinch River. 

Studies of the spill found severe damage to fish, mollusk, and macroinvertebrate 

populations over considerable distances downstream of the spill. Follow-up studies 

noted some lasting effect on populations from this spill, as well as continuing damage 

to biota in the area immediately near the ash pond effluent discharge. 

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 77 DamageCaseEval_AppendixC_Final_v1 

37) Glen Lyn Plant

American Electric Power – Appalachian Power Company

Glen Lyn, VA

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Surface Impoundments

Background and Description

The Glen Lyn Power Plant has two onsite ponds for management of coal combustion residuals (CCRs). 

One is a fly ash pond commissioned in 1965 and covering 7.6 acres. The other is a multi-unit bottom ash 

pond commissioned in 1963 and covering 5.1 acres. Some other wastewaters are treated in contiguous 

units of the bottom ash pond. Effluent was discharged from these ponds into a receiving stream which 

then flowed into the New River, until discharges stopped in 1980. The ponds, however, remain active. 

The plant has a National Pollutant Discharge Elimination System (NPDES) permit No. WI0002780. 

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report claims that a number of scientific studies examined these impacts at 

the Glen Lyn Plant in the late 1970’s until the discharges stopped in 1980. The report indicates that 

effluent discharges from the ponds impacted the biota in the stream, reducing the taxon richness and 

diversity, particularly for macroinvertebrates based on the specific study (Structural, Functional and 

Recovery Responses of Stream Invertebrates to Fly Ash Effluent, Specht 1984). This study is reported to 

demonstrate that along with thermal discharges, elevated total suspended solids (TSS) and pH, there were 

also trace elements (cadmium and selenium) in the effluent above the Virginia Water Quality Criteria 

(WQC) that lead to the ecological damage such as reduction of the mayfly population. Another study 

noted that contaminants such as cadmium and nickel bioaccumulated to very high levels in duckweed, 

which while not toxic to the plant, could be a source of contaminants rather than an endpoint. Another 

study also noted that the bacterial community was altered by the level of effluent discharge. 

Evaluation against Proven Damage Criteria

Other Considerations

 The study of duckweed bioaccumulation did not provide any indication of ecological harm from 

the bioaccumulation

Criteria Evaluation

Criterion 1:  None

Criterion 2:  A number of studies undertaken in the late 1970’s and 1980’s determined that effluent 

discharge from the CCR impoundments had an impact on the biota in the stream, 

affecting the diversity of macroinvertebrate, mayfly, and bacterial populations. 

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 78 DamageCaseEval_AppendixC_Final_v1 

 The study of heterotrophic bacteria population shifts demonstrates potential impact in the ash 

basins but does not demonstrate meaningful shifts beyond the immediate outfall, suggest an 

important role of thermal impacts (due to the plant but not due to CCRs), and does not adequately 

account for differences in reference areas and multiple water sources.

 The original Specht study from 1984 was not reviewed but subsequent work referencing the same 

data set established the critical importance of the thermal discharge to benthic macroinvertebrate 

populations. Thermal discharges from the plant are not a hazardous constituent of CCRs and are 

not capable of triggering a proven damage case claim.

Classification

Not a Damage Case

Pending Access to the Original Report (Specht 1984)

Rationale

While scientific studies did indicate ecological damage in the stream near this site, specific data linking 

the damage to CCR contamination is not available. 

Additional Sources

US EPA, Facility Registry System, Facility Detail Report, Appalachian Power Glen Lyn Power Plant, 

Accessed Online Oct 2010. 

http://iaspub.epa.gov/enviro/fii_query_dtl.disp_program_facility?p_registry_id=110000585518

Cherry, D.S., R.J. Currie, and D.J. Soucek. 2000. Review of the Global Adverse Environmental Impacts 

to Ground Water and Aquatic Ecosystems from Coal Combustion Wastes. Prepared for the Hoosier 

Environmental Council and Citizens Coal Council (Mar. 28, 2000), available at 

http://www.citizenscoalcouncil.org/A_REVIEW_OF_THE_ADVERSE_ENVIRONMENTAL_IMPACT

S_OF_COAL_COMBUS.htm

Clark, J. R., J. H. Van Hassel, R. B. Nicholson, D. S. Cherry and J. Cairns, Jr. 1981. Accumulation and 

Depuration of Metals by Duckweed (Lemna perpusilla). Ecotoxicology and Environmental Safety 5:87-

96. 

Larrick, S. R., J. R. Clark, D. S. Cherry and J. Cairns, Jr. 1981. Structural and Functional Changes of 

Aquatic Heterotrophic Bacteria to Thermal, Heavy and Fly Ash Effluents. Water Res. 15:875-880. 

Lynde, S.R,Techniques For Evaluating Power Plant Discharges Using In-Situ Leaf Breakdown And 

Flow-Through Laboratory Sediment Bioassays, 1994

Rowe, C.L., W.A. Hopkins and J.D. Congdon. 2002. Ecotoxicological Implications of Aquatic Disposal 

of Coal Combustion Residues in the United States: A Review. Environmental Monitoring and Assessment 

80:207-276. 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 79 DamageCaseEval_AppendixC_Final_v1 

38) Columbia Energy Center

Alliant Energy – Wisconsin Power and Light Company

Pardeeville, WI

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Surface Impoundments

Background and Description

The Columbia Power Station has three currently active ash impoundments on site, all officially 

commissioned in 1975, though plant operations and coal combustion residual (CCR) storage and 

discharge began in 1974. The three ponds consist of an 8.5-acre primary ash pond, a 16-acre secondary 

ash pond, and a 1-acre polishing pond. Since the plants opening in 1975, CCRs have been slurried into 

this series of impoundments and sulfuric acid added to reduce the alkalinity. The effluent is then 

discharged into a stream which subsequently flows into Rocky Run Creek. The plant has a non-major 

National Pollutant Discharge Elimination System (NPDES) No. WI0002780, and is also regulated with a 

state WPDES permit. 

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that effluent discharges from the impoundments damaged 

stream habitat and had severe impact on populations of aquatic communities downstream from the 

discharge point. The report notes that a number of studies were undertaken between 1974 and 1980 by the 

US EPA’s Environmental Research Laboratory and the University of Wisconsin-Madison’s Institute for 

Environmental Studies. These studies indicated that along with increased total dissolved and total 

suspended solids (TDS and TSS, respectively), a number of heavy metals had increased concentrations 

downstream, though these were not reported. The report also notes that one of the studies identified 

contaminants in the ash pond drainage over the EPA’s Ambient Water Quality Criteria (AWQC), 

including cadmium and copper.

The EIJ/EP/SC August 2010 also notes that using conductivity as a measurement of effluent strength, 

these late 1970’s studies found that areas with high effluent conductivity had damaged habitats and 

damaged populations of biota, particularly macroinvertebrates. The studies noted that in 1977, the 

downstream monitoring point reached a maximum conductivity and the biota were the most impacted in 

comparison to an upstream reference site. It notes that when process changes reduced the conductivity of 

the effluent in 1980, a study indicated that biota downstream had returned (though modified in relative 

abundance) to pre-discharge levels, indicating the CCR as a source of contamination. 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 80 DamageCaseEval_AppendixC_Final_v1 

Evaluation against Proven Damage Criteria

Other Considerations

Classification

Proven Damage 

Rationale

Scientific studies indicated documented ecological damage in the form of population damage downstream 

from the CCR effluent discharge.

Additional Sources

US EPA, Facility Registry System, Facility Detail Report, WPL – Columbia Energy Center, Accessed 

Online Oct 2010. 

http://iaspub.epa.gov/enviro/fii_query_dtl.disp_program_facility?p_registry_id=110000420385

Magnuson, J. J., Forbes, A. M., Harrell, D. M. and Schwarzmeier, J. D. 1980. Responses of Stream 

Invertebrates to an Ash Pit Effluent, Wisconsin Power Plant Impact Study. EPA-600/ 3-80-081, U.S. 

Environmental Protection Agency, Cincinnati, OH. Accessed Online Oct 2010. 

http://books.google.com/books?id=UdG2efq19PcC&ots=r04mkckWNh&dq=Responses%20of%20Strea

m%20Invertebrates%20to%20an%20Ashpit%20Effluent%2C%20Wisconsin%20Power%20Plant%20Im

pact%20Study.&pg=PR1#v=onepage&q&f=false

Webster, K.E., Anne M. Forbes, and John J. Magnuson. 1986. An Evaluation of Environmental Stress 

Imposed by a Coal Ash Effluent. EPA/600/S3-85/045. U.S. Environmental Protection Agency, Duluth, 

MN. Accessed Online Oct 2010. 

http://nepis.epa.gov/Exe/ZyNET.exe/2000TMJ7.txt?ZyActionD=ZyDocument&Client=EPA&Index=198

1%20Thru%201985&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&T

ocEntry=&QField=pubnumber%5E%22600S385045%22&QFieldYear=&QFieldMonth=&QFieldDay=&

UseQField=pubnumber&IntQFieldOp=1&ExtQFieldOp=1&XmlQuery=&File=D%3A%5CZYFILES%5

CINDEX%20DATA%5C81THRU85%5CTXT%5C00000010%5C2000TMJ7.txt&User=ANONYMOUS

&Password=anonymous&SortMethod=h%7C-

&MaximumDocuments=10&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&Display=

p%7Cf&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page’

Criteria Evaluation

Criterion 1:  None

Criterion 2:  A number of studies undertaken in the late 1970s determined that effluent discharge 

from the CCR impoundments had an impact on downstream habitats and caused 

considerable damage to populations of macroinvertebrates. 

Criterion 3:  None
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 81 DamageCaseEval_AppendixC_Final_v1 

39) Oak Creek Power Plant 

Wisconsin Energy – Wisconsin Electric Power Company

Oak Creek, WI

Source Document

In Harm’s Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their Environment, 

Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste, 

Environmental Integrity Project, Earthjustice and Sierra Club, August 26, 2010 

Type

Landfills

Background and Description

The Oak Creek Power plant has been in operation since the 1950s. Its onsite waste units consist of the 

active Caledonia landfill as well as two inactive landfills, Oak Creek North and Oak Creek South. Oak 

Creek North began operating in the mid 1960s and closed in the late 1970s. Oak Creek South opened in 

1974 and was capped and closed with a gravity leachate collection drain in 1992. The active Caledonia 

landfill is approximately 45 acres with a clay liner and leachate collection system. Caledonia receives coal 

combustion residual (CCR) and wastewater treatment solids from five power plants operated by 

Wisconsin Energy. There are a number of residences near the landfill, and while most receive public 

water from Lake Michigan, there are private drinking water wells in the area, some within 1,500 feet of 

the landfills.

Impact and Damage Claims

The EIJ/EP/SC August 2010 Report indicates that 12 offsite private wells found contamination related to 

CCRs. Two clusters of private wells, the Douglas Avenue Cluster and the Botting Avenue Cluster, lie 

within 1,500 feet of the closed Oak Creek South landfill and the Caledonia Landfill, respectively. The 

report notes that monitoring at these wells has been undertaken since 1989, part of a Wisconsin Energy 

agreement with the city, though only data from 2002 onward was available. The report notes that 

molybdenum in many of the wells in these clusters had shown exceedances of the Wisconsin Department 

of Natural Resources (WDNR) NR140 Enforcement Standard (ES) of 0.04 mg/L, which is also the EPA 

Lifetime Health Advisory level. The report also notes that boron exceeded its Wisconsin Preventive 

Action Limit (PAL) of 0.19 mg/L at a number of these offsite wells. The contamination was first reported 

to the residents in August 2009, at which time Wisconsin Energy voluntarily began to supply bottled 

water to several dozen residents in the area, though Wisconsin Energy did not claim responsibility for the 

contamination.

The EIJ/EP/SC August 2010 Report also notes that molybdenum, manganese, and sulfate were above the 

WDNR ES and arsenic, boron, fluoride, and mercury were above the PALs in onsite wells. 

The EIJ/EP/SC August 2010 Report also notes that National Resource Technologies, who were 

consulting for Wisconsin Energy, determined that molybdenum in the private wells was not coming from 

CCR in the landfills. The EIJ/EP/SC August 2010 Report counters, for a number of reasons, that the 

landfills are the primary source. These reasons include significant ES exceedances for molybdenum and 

boron in the landfill leachate, as well as smaller exceedances in onsite groundwater monitoring near the 

landfills. The report also notes a groundwater monitoring well that has been placed “upgradient” of the 

private wells (which is the opposite direction of the landfills). Concentrations from this “upgradient” well 

are much lower for molybdenum and boron (below the ES) and would indicate there is not an upgradient 

source of this contamination. The report also notes that while the general gradient in groundwater near the 
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 82 DamageCaseEval_AppendixC_Final_v1 

landfills is away from the private wells, the aquifer is a fractured system where groundwater will often not 

follow a hydraulic-gradient based flow direction. 

Evaluation against Proven Damage Criteria

Other Considerations

 Hunts Disposal Landfill, a Superfund site and municipal landfill, is located about 1.5 miles west 

of these CCR landfills. Molybdenum, however, is not listed as a contaminant of concern for the 

site, and the constituents of concern such arsenic were not detected at elevated levels in the 

residential wells.

 Wisconsin DNR officials are investigating possible sources of the contamination, including the 

CCR landfills, Hunts landfills, and other natural or historical causes, though no determination has 

been made, and State representatives claim it could be up to 5 years before the source is 

determined.

 WDNR NR 140 Enforcement Standards are listed as “health-based,” while preventive action 

limits (PALs) are lower standards and not specifically health-based. 

Classification

Potential Damage

Rationale

Groundwater exceedances of the WDNR Enforcement Standards (ES) for molybdenum, manganese, and 

sulfate have been found onsite. Groundwater exceedances of molybdenum was found in offsite private 

drinking wells that appear to be upgradient of the landfill although investigations are underway to better 

establish local background and gradients to determine if the CCRs are the source. There are no 

administrative ruling or court decisions.

Additional Sources

Won, Christine. Report: We Energies landfills likely source of groundwater contamination. The Journal 

Times. Aug 26 2010. Accessed Online Oct 2010. 

http://www.journaltimes.com/news/local/article_ef8a0a86-b135-11df-a466-001cc4c03286.html

Content, Thomas. Tainted wells anger residents. JS Online, Milwaukee-Wisconsin Journal Sentinel. Sept 

6 2010. Accessed Online Oct 2010. http://www.jsonline.com/business/102313819.html

Criteria Evaluation

Criterion 1:  Offsite groundwater in residential drinking water wells exceeded the health-based 

WDNR Enforcement Standards (ES) for molybdenum, and the Wisconsin Preventive 

Action Limit (PAL) for boron. 

 Onsite groundwater also exceeded the WDNR ES for molybdenum, manganese, and 

sulfate, as well as the PALs for arsenic, boron, fluoride, and mercury. 

Criterion 2:  None

Criterion 3:  Wisconsin Energy voluntarily began to supply bottled water to several dozen residents 

in the area in 2009, though they did not claim responsibility for the contamination. To 

date WDNR has taken no regulatory enforcement action at the site.
APPENDIX C- Assessment of August 2010 Alleged Damage Cases October 2010

Draft – Do Not Cite or Quote 83 DamageCaseEval_AppendixC_Final_v1 

Groundwater & Drinking Water Quality, Health Standards/Advisories. Wisconsin Department of Natural 

Resources. Accessed Online Oct 2010. http://www.legis.state.wi.us/rsb/code/nr/nr140.pdf