Appendix B: Assessment of February 2010 Alleged Damage Cases

Table of Contents

1) Indian River Power Plant NRG Energy Millsboro, DE.................................................................1

2) Curtis Stanton Energy Center Orlando Utility Commission (OUC) Orlando, FL.................3

3) Seminole Generating Station Seminole Electric Cooperative Palatka, FL ..........................5

4) Big Bend Station Tampa Electric Company Apollo Beach, FL ............................................7

5) Rocky Acres Coal Combustion By-Product Disposal Site Bunge Corporation Oakwood, IL ........9

6) Gibson Generating Station Plant Duke Energy Princeton, IN .......................................................11

7) Clifty Creek Station Indiana Kentucky Electric Corporation (IKEC) Madison, IN ....................13

8) Brandywine Coal Ash Landfill Mirant Mid-Atlantic, LLC Brandywine, MD..............................15

9) Karn/Weadock Generating Facility Consumer Energy Saginaw, MI............................................17

10) Colstrip Power Plant PPL Montana Colstrip, MT .........................................................................19

11) Sutton Steam Plant Progress Energy Wilmington, NC..................................................................21

12) Lee Steam Plant Progress Energy Goldsboro, NC.........................................................................23

13) Cape Fear Steam Plant Progress Energy Moncure, NC.................................................................25

14) Swift Creek Structural Fill Site ReUse Technology, Inc. / Full Circle Solutions, Inc. Rocky 

Mount, NC .....................................................................................................................................27

15) Belews Creek Steam Station Duke Energy Belews Creek, NC.....................................................29

16) Asheville Steam Electric Plant Progress Energy Arden, NC.........................................................31

17) Four Corners Power Plant Arizona Public Service Fruitland, NM................................................33

18) Reid Gardner Generating Facility NV Energy Moapa, NV...........................................................36

19) Mitchell Power Station Allegheny Energy Courtney, PA .............................................................38

20) Phillips Power Plant Duquesne Light Company Crescent Township, PA.....................................40

21) Seward Generating Station RRI Energy, Inc. (Formerly Reliant Energy, Inc.) New Florence, PA

.......................................................................................................................................................42

22) Fern Valley Landfill Orion Power Holdings, Inc. Elrama, PA......................................................44

23) Hunlock Power Station UGI Development Company Hunlock Creek, PA...................................46

24) Portland Generating Station's Bangor Quarry Ash Disposal Site RRI Energy, Inc. (formerly 

Reliant Energy, Inc.) Bangor, PA ..................................................................................................48

25) Wateree Station South Carolina Electric and Gas (SCE&G) Eastover, SC...................................50

26) Urquhart Station South Carolina Electric & Gas Company (SCE&G) Beech Island, SC.............52

27) Grainger Generating Station South Carolina Public Service Authority (SCPSA) Conway, SC....54

28) John Sevier Fossil Plant Tennessee Valley Authority Rogersville, TN.........................................56

29) Coal Combustion Waste Landfill Trans-Ash, Inc. Camden, TN...................................................58

30) John Amos Power Plant Appalachian Power Winfield, WV.........................................................60

31) Mitchell Generating Station Ohio Power Company Moundsville, WV ........................................62
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

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1) Indian River Power Plant

NRG Energy

Millsboro, DE

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Disposal area (Burton Island) and landfills (mainland)

Background and Description

Between 1957 and 1980 coal ash from the Indian River Power Plant was sluiced into the Burton Island 

disposal area which was originally tidal marsh. The Burton Island disposal area was unlined and berms 

were built using ash and dredge spoils. Approximately 144 acres were covered with coal ash to a 15-foot 

thickness before a new mainland landfill was built. In 2005, after erosion of the ash was observed by the 

Delaware Department of Natural Resources and Environmental Control (DNREC), a voluntary cleanup 

program was agreed upon between NRG Energy (The Owner) and DNREC, dividing the site into three 

operable units (OU). A final remedial action plan for OU 1 (shoreline, intertidal zone and vicinity) and 

OU 3 (subtidal sediments and waters seaward of berms) was developed and approved by DNREC in July 

2008. The final remedial action plan for OU 1 and OU 3 focuses mainly on stabilization and erosion 

control. OU 2 (landfill/land areas and the berms) is currently the subject of a remedial investigation, 

including a full Ecological Risk Assessment (ERA) and Natural Resource Damage Assessment (NRDA). 

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that levels of arsenic, chromium, and thallium in onsite 

groundwater exceeded their primary Maximum Contaminant Levels (MCLs). The report also notes that 

aluminum and iron were found in offsite surface water above Ambient Water Quality Criteria (AWQC). 

Aluminum, arsenic, barium, and iron were also reported to exceed DNREC Uniform Risk-Based 

Standards (URS) in surface water and sediment samples.

The EIP/EJ February 2010 Report noted that in 2005, erosion of the ash berms into the river was observed 

by a DNREC scientist.

Evaluation against Proven Damage Criteria

Criteria Evaluation

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

thallium.

 No offsite groundwater data are available.

Criterion 2:  Aluminum, arsenic, barium, and iron above DNREC URS in surface water samples. 

 Arsenic and barium were found above DNREC URS in shoreline and offshore 

sediment samples.

 A risk assessment is ongoing to determine whether detected contaminants pose a 

potential risk to human health or the environment. 

Criterion 3:  Assessment and remediation performed under the DNREC Voluntary Cleanup 

Program (VCP).
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

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Other Considerations

A final remedial action plan focusing on stabilization and erosion control for OU 1 and OU 3 was 

approved by DNREC in July 2008. 

Classification

Potential Damage

Rationale

Groundwater exceedances of primary EPA MCLs have been found on site. While exceedances of AWQC 

and URS criteria have been documented in surface water and sediment, the risk assessment for OU 2 

(landfill and berms) is still underway to determine if there is a potential risk from the detected 

contamination. A final remedial action plan was prepared and approved under the DNREC VCP, not 

under an administrative ruling or court decision. 

Additional Sources

Burton Island Ash Disposal Area, DNREC SIRB activities, Presentation by Greg Decowsky DNREC, 

http://www.awm.delaware.gov/SIRB/Documents/Burton%20I%20overview%20for%20public%2009042

8.pdf last accessed 10/29/10

Delaware Dept. of Natural Resources and Environmental Control, Division of Air & Waste Management 

Industrial Site Information, http://www.awm.delaware.gov/Info/Pages/NRGIndianRiver.aspx

Delaware Dept. of Natural Resources and Environmental Control, Facility Navigator, 

http://www.nav.dnrec.delaware.gov/DEN3/Detail/FacilityDetail.aspx?id=10000019 last accessed 

10/28/10

Proposed Plan Of Remedial Action, Burton Island Old Ash Landfill Site Operable Units 1 and 3 Sussex 

County, Delaware DNREC Project No. DE-1399, April 2008, 

http://www.dnrec.state.de.us/DNREC2000/Divisions/AWM/sirb/Proposed_Plans/Proposed%20Plan%20

Burton%20Island.pdf last accessed 10/29/10
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

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2) Curtis Stanton Energy Center

 Orlando Utility Commission (OUC)

 Orlando, FL

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Landfill and runoff ponds

Background and Description

The Curtis Stanton Energy Center site contains an active coal combustion residual (CCR) landfill (in 

which coal ash is initially hardened with lime and bottom ash is dewatered), CCR and coal storage area 

runoff ponds, a recycled water pond, and a plant wastewater pond. The EIP/EJ February 2010 Report 

indicates that all of these units are supposed to be lined. The site is located near residential areas east of 

Orlando. Since 2003, the site has reportedly been non-compliant with Florida Department of 

Environmental Protection (FDEP) ground and surface water monitoring criteria, and operational 

requirements. The Orlando Utility Commission (OUC) has agreed to investigate the extent of 

groundwater contamination at the site; however no off-site groundwater or surface water monitoring has 

been required. 

Impact and Damage Claims 

The EIP/EJ February 2010 Report indicates that onsite groundwater monitoring data exceeded the EPA 

Maximum Contaminant Level (MCL) for gross alpha. On-site groundwater data also exceeded FDEP 

Groundwater Clean-up Target Levels (CTLs) for several constituents, including gross alpha, radium-226, 

aluminum, chloride, iron, manganese, sodium, sulfate, vanadium, total dissolved solids (TDS), and pH. 

The EIP/EJ February 2010 Report noted that onsite data from surface water discharges had five 

constituents above FDEP Surface Water CTLs, including aluminum, sodium, chloride, sulfate, and gross 

alpha.

The EIP/EJ February 2010 Report noted that FDEP inspections of the Curtis Stanton Energy Center since 

2008 have revealed compliance problems such as: the CCR landfill was operating without a required 

permit, inadequate freeboard in ash ponds, unpermitted discharge of pollutants to a wetland, failure to 

collect stormwater samples, and water discharges of pH 4.0. A FDEP data review identified groundwater 

impacts from CCR landfill leachate in wells located along the eastern side of the landfill. FDEP has 

reportedly required upgrades to the facility, additional monitoring of the landfill, and determination of 

waste type (Class I or Class III); however OUC has not fully addressed FDEP’s requests.

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded primary EPA MCLs for gross alpha radiation. 

 Onsite groundwater data exceeded FDEP Groundwater CTLs for several constituents.

 No offsite groundwater data are available.

Criterion 2:  Onsite surface water data exceeded FDEP Surface Water CTLs for aluminum, 

sodium, chloride, sulfate, and gross alpha. 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

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Other Considerations

Classification

Potential Damage 

Rationale

Ground water exceedances of the primary EPA MCL for gross alpha have been found on site. While 

onsite surface water samples have exceeded FDEP Surface Water CTLs, there is no risk assessment or 

scientific study available that explicitly documents evidence of damage to human health or the 

environment. The status of enforcement activities is unclear, and there are no administrative rulings or 

court decisions associated with the site.

Additional Sources

State Of Florida Department Of Environmental Protection Orlando Utilities Commission Curtis H. 

Stanton Energy Center Units 1 & 2, Combined Cycle Units A And Unit B PA 81-14K Supplemental 

Conditions Of Certification Modified 07/24/08, 

http://www.dep.state.fl.us/siting/files/certification/pa81_14_2008_K.pdf last accessed 10/29/10

Criterion 3:  FDEP has reportedly required various operational and monitoring actions associated 

with compliance problem identified during inspections. 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 5 DamageCaseEval_AppendixB_Final_v1

3) Seminole Generating Station

 Seminole Electric Cooperative

 Palatka, FL

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Landfill and runoff ponds

Background and Description

The Seminole Generating Station site contains an active flue gas desulfurization (FGD) landfill, three 

process wastewater ponds, and two storm water runoff ponds. The FGD landfill is unlined while the 

ponds are a mix of lined and unlined. The FGD sludge is dewatered and stabilized with lime and fly ash. 

Excess water from the FGD system is collected in the process wastewater ponds. The site is located 

within one-half mile of the St. Johns River. As part of an Interim Remedial Action Plan approved by 

Florida Department of Environmental Protection (FDEP) in 2004, Seminole Electric Cooperative was 

required to construct a contaminated groundwater capture system and perform groundwater monitoring.

The groundwater monitoring is ongoing since 2004 with results reported quarterly to Florida Department 

of Environmental Protection (FDEP). 

Impact and Damage Claims

The EIP/EJ February 2010 Report identified instances of groundwater and surface water contamination 

on site. While the onsite data suggest that contamination may have migrated, data from offsite 

groundwater or surface monitoring locations are not available. 

The EIP/EJ February 2010 Report indicated that arsenic and lead were found onsite in wells near the FGD 

landfill at concentrations above the EPA Maximum Contaminant Level (MCL). A number of other 

constituents in onsite ground water were found to exceed Florida Department of Environmental 

Protection (FDEP) Groundwater Cleanup Target Levels (CTLs) or EPA SMCLs. Some of these other 

constituents [including chloride, sulfate, total dissolved solids (TDS), boron, and iron] were detected up 

to one mile from the FGD landfill at concentrations exceeding FDEP Groundwater CTLs. 

The EIP/EJ February Report 2010 also indicates that historical surface water data exceeded FDEP 

benchmarks for boron, aluminum, and arsenic. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

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

 Onsite groundwater data exceeded FDEP Groundwater CTLs for a number of 

constituents. 

 No offsite groundwater data are available.

Criterion 2:  Surface water data exceed FDEP benchmarks boron, aluminum, and arsenic.

Criterion 3:  A FDEP-required groundwater capture system was constructed in 2004 and remedial 

monitoring is ongoing. 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

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Other Considerations

Classification

Potential Damage

Rationale

Ground water exceedances of the primary EPA MCL for arsenic and lead have been found on site near 

the landfill. While surface water samples have exceeded FDEP benchmarks for boron, aluminum, and 

arsenic, there is no risk assessment or scientific study available that explicitly documents evidence of 

damage to human health or the environment. Ongoing remedial action and monitoring is not being driven 

by an administrative ruling or court decision. 

Additional Sources

Florida DEP Site documents available at

http://appprod.dep.state.fl.us/WWW_WACS/REPORTS/SW_Facility_Docs.asp?wacsid=94790
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

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4) Big Bend Station

 Tampa Electric Company

 Apollo Beach, FL

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Landfill and ponds (impoundments)

Background and Description

The Big Bend Station site contains several coal combustion residual (CCR) disposal areas including 

bottom and fly ash ponds, a bottom ash dry storage unit, a wastewater recycling pond, a flue gas 

desulfurization (FGD) gypsum by-product pond, and a waste disposal management unit. The plant was 

built in 1968 on two dredge-filled peninsulas and is currently owned by the Tampa Electric Company 

(TECO). Most disposal units on the property remain active though some may have been discontinued.

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates a number of instances of groundwater contamination 

including onsite primary EPA Maximum Contaminant Level (MCL) exceedances of thallium and arsenic, 

as well as a thallium primary EPA MCL exceedance on a property offsite, which was subsequently 

purchased by TECO. The report also notes that manganese, sulfate, and chloride were found above EPA 

SMCLs at this same offsite location. A number of other constituents were found in groundwater above 

EPA SMCLs or Florida Department of Environmental Protection (FDEP) Groundwater Clean-up Target 

Levels (CTLs).

The EIP/EJ February 2010 Report also indicates that a FDEP review in the late 1990’s identified 

exceedances of flow and total suspended solid (TSS) effluent limits at a recycled wastewater pond. The 

EIP/EJ February 2010 Report noted that the 2001 FDEP Consent Order [Office of General Counsel 

(OGC0 File No. 1275] reported that surface water samples collected in February 2000 from ditches onsite, from a seepage location, from a process water pond, and from a recycled wastewater pond indicated 

violations of state surface water standards for iron and boron above guidance criteria. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

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

exceed FDEP Groundwater CTLs or EPA SMCLs for a number of other constituents. 

 No offsite groundwater data available 

Criterion 2:  Discharge from recycled wastewater pond reportedly exceeded unspecified effluent 

limits for TSS and flow. 

 Surface water samples reportedly exceeded unspecified state surface water standards 

or iron and boron. 

Criterion 3:  FDEP issued a Consent Order (OGC File No. 1275) in April 2001 because of 

identified contamination. The Consent Order required assessment and remedial 

measures but without sxplicit finding of specific damage. Under the Consent Order 

TECO developed a Remedial Action Plan and groundwater monitoring plan approved 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

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Other Considerations

 The Utility Solid Waste Activities Group (USWAG) response to the EIP/EJ February 2010 

Report clarifies that the groundwater assessment performed in 2001 and 2002 included temporary 

microwells that were placed “directly within or adjacent to” the waste management units at the 

site. None of the wells were placed at or beyond the property boundary of the Big Bend Station. 

USWAG contests the claim made in the EIP/EJ February 2010 Report that there is evidence of 

offsite ground water contamination. 

 Prominent Intertidal canals position across Big Bend Station limits potential discharge to human 

receptors

 Claims of thallium offsite exceedance could not be verified. Claimed results from preliminary 

report could not be verified despite access to all site related groundwater data

Classification

Potential Damage

Rationale

Onsite groundwater data exceeded primary EPA MCLs for arsenic and thallium. While discharge and 

surface water samples reportedly exceed effluent limits and state guidelines, respectively, there is no 

scientific study available that explicitly documents evidence of damage to human health or the 

environment. A Consent Order was issued for repair/replacement of the liner systems on the waste 

management units; however without an explicit finding of specific damage to human health or the 

environment. 

Additional Sources

Florida DEP Site documents available at 

http://appprod.dep.state.fl.us/WWW_WACS/REPORTS/SW_Facility_Docs.asp?wacsid=95345 

Florida Department of Environmental Protection, Consent Order OGC File No. 1275, Tampa Electric 

Company (Apr. 10, 2001). 

Florida Department of Environmental Protection, Consent Order OGC File No. 1275, Tampa Electric 

Company (Jan. 24, 2007). Remedial Action Plan approved

by FDEP January 2007.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 9 DamageCaseEval_AppendixB_Final_v1

5) Rocky Acres Coal Combustion By-Product Disposal Site

Bunge Corporation

Oakwood, IL

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Structural fill 

Background and Description

The Rocky Acres Coal Combustion By-Product Disposal Site contains approximately 380,000 tons of 

coal combustion residual (CCR) generated by Bunge Corporation’s coal plant. CCR was deposited over 

approximately 25 acres in a ravine near the Grays Siding (Rocky Acres) neighborhood between 1995 and 

2006. Grays Siding neighborhood is a rural housing subdivision, consisting of 30 homes which all draw 

their drinking water from local groundwater. In 2006 the Illinois Environmental Protection Agency 

(IEPA) determined the site was an illegal dump, to which site owners (Mr. Jack Salts and Mr. Robert 

Porter) responded that it was a beneficial use site and eventually a building would be constructed on the 

site. The site owner has since declared bankruptcy and the Bunge Corporation refuses liability for any 

damage caused by CCR disposal at this site. Upon IEPA request, Bunge Corporation installed 

groundwater monitoring wells and submitted a Groundwater Investigation Work Plan in August 2007. 

Bunge Corporation has installed three (3) groundwater wells and is undertaking a voluntary study to 

determine if the contamination is related to the fill.

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that two offsite private drinking water wells were impacted 

with lead, iron, and manganese at levels above state groundwater standards. The report indicates that 

IEPA advised the residents of these homes to stop drinking the well water; though at the time of writing 

no alternative source was provided. The report also indicates that 2009 onsite groundwater testing found 

arsenic, barium, chromium, and lead above the EPA Maximum Containment Levels (MCLs), as well as 

iron, lead, manganese, arsenic, barium, nickel, and chromium at levels that exceeded Illinois groundwater 

quality standards.

The EIP/EJ February 2010 Report also notes that no action has been taken to control fugitive dust from 

exposed coal ash at the site, reportedly adversely affecting the nearby residential community. The report 

also notes that surface water drainage from the site flows into Number Six Lake at Kickapoo State Park, 

and may cause degradation, though no surface water testing has been undertaken.

Evaluation against Proven Damage Criteria

Criteria Evaluation

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

chromium, and lead.

 Onsite groundwater data exceed Illinois groundwater quality standards for iron, lead, 

manganese, arsenic, barium, nickel, and chromium.

 Offsite groundwater in two residential drinking water wells exceeded state 

groundwater standards for lead, iron, and manganese.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 10 DamageCaseEval_AppendixB_Final_v1

Other Considerations

 The study indicated lead and other observed metals were likely due to turbidity in the samples 

and found that filtering of the samples largely eliminated the exceedances.

 Lead exceedances of state standard (0.0075 mg/L) but not the MCL were found in two of 11 

private drinking water wells could also be related to lead contained in the domestic piping of the 

homes, as samples were taken at the tap. Bunge re-testing of the two private wells that reported 

contamination resulted in substantially lower lead results that did not exceed state criteria. 

 The extent of groundwater contamination at the site is not conclusive, in part because of 

incomplete understanding of the sites hydrogeology. 

 Illinois groundwater standards are not entirely risk based. Certain criteria (such as iron and 

manganese) are not risk based but based on aesthetics similar to SMCLs.

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for arsenic, barium, chromium, and lead have been

found on site. Offsite groundwater exceedances could not be verified or are not exceedances of risk based 

standards. Claims of fugitive dust adversely impacting the residential community and surface water 

drainage degrading a lake are not supported with site-specific data, scientific study. The groundwater 

investigation undertaken by Bunge Corporation is voluntary, and is not being driven by an administrative 

ruling or court decision. 

Additional Sources

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

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

Turner, Jeff. 2010. Telephone Conversation with Jeff Turner, Illinois Environmental Protection Agency, 

Bureau of Water, (October 25, 2010). 

Criterion 2:  Fugitive dust from the site was reported as uncontrolled 

 Surface water drainage from the site enters a lake in nearby Kickapoo State Park 

which may degrade surface water quality in the park.

Criterion 3:  The IEPA sent notice to the owners/operator that the site was an illegal open dump. 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 11 DamageCaseEval_AppendixB_Final_v1

6) Gibson Generating Station Plant

Duke Energy

Princeton, IN

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Surface impoundments, cooling pond, and landfill 

Background and Description

Duke Energy’s Gibson Generating Station contains the generating station; five unlined surface 

impoundments; a 3,490-acre lake that supplies all of the plant’s cooling water; and a Type II restricted 

waste (CCR) landfill. The landfill consists of an approximately 94-acre older portion built in the 1970’s 

which is unlined, as well as a newer 43-acre portion built around 2002 which has a composite liner and

leachate collection system. CCR generated by the Gibson Generating Station is sluiced into on-site 

impoundments. Excess water is discharged into the cooling pond, so the impoundments do not have 

National Pollution Discharge Elimination System (NPDES) permits. CCR is periodically dredged out of 

the impoundments and sent to the on-site CCR landfill. A sizeable wetland is adjacent to the site, and 

both the cooling lake and wetland are part of a designated Important Bird Area. 

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates onsite groundwater contamination with arsenic above its 

primary EPA Maximum Contaminant Level (MCL), as well as iron and manganese above their secondary 

MCLs and boron above the EPA’s Child Health Advisory. The report also indicates offsite groundwater 

contamination having reached the nearby community of East Mt. Carmel. Nine (9) private residential 

wells sampled in the fall of 2007 by Duke Energy and the fall of 2008 by the Natural Resources Defense 

Council were found to contain boron above the EPA Child Health Advisory and manganese above its 

secondary MCL. The 2008 sampling found levels of sodium exceeding the EPA’s Drinking Water 

Advisory for healthy levels of sodium in water. Duke Energy reportedly accepted responsibility for this 

contamination and is voluntarily supplying town residents with bottled water.

The EIP/EJ February 2010 Report also noted elevated levels of metals (particularly selenium, arsenic, and 

boron) in water samples from the East Ash Impoundment System and the cooling lake. The cooling lake 

had formerly been used by the public for fishing, but it was closed to the public due to concerns with the 

high levels of selenium. The cooling lake also discharged into the Cane Ridge Wildlife area, and U.S. 

Fish and Wildlife Service (USFWS) reports indicate contamination of surface water and impact on biota 

as a result of selenium contamination. USFWS reported that least tern eggs gathered at the site in 1996 

and 2004 had rising selenium levels over time and hatchling mortality was high. According to a 

preliminary assessment by a U.S. Forest Service (USFS) scientist, the surface water quality associated 

with the impoundments and the cooling lake are “a definite hazard to aquatic life.”

Evaluation against Proven Damage Criteria

Criteria Evaluation

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

 Onsite groundwater data exceeded secondary MCLs for iron and manganese, and was 

above the EPA Child Health Advisory for boron. 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

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Other Considerations

 Groundwater monitoring near the impoundments is restricted to a single piezometer located near 

the impoundments, and results from this are not reported to the state.

Classification

Proven Damage

Rationale

A USFWS report indicated that selenium from cooling lake discharge has impacted water quality and 

biota in the Cane Ridge Wildlife Area. The cooling lake has been closed to the public due to concerns 

with elevated selenium levels. Ground water exceedances of the primary EPA MCL for arsenic have been 

found onsite. Groundwater exceedances of the EPA Child Health Advisory benchmark for boron have 

been found in offsite residential wells. Duke Energy is voluntarily supplying bottled drinking water to 

homes with affected wells, but it is not being driven by an official action by IDEM, an administrative 

ruling, or a court decision.

Additional Sources

Harmless, Marty. 2010. Telephone Conversation Marty Harmless, Indiana Department of Environmental 

Management, Land Use Department (October 22, 2010). 

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

http://www.epa.gov/osw/nonhaz/industrial/special/fossil/surveys/duke-gibson.pdf

 Offsite groundwater in residential wells had boron above the EPA Child Health 

Advisory, as well as manganese above its secondary MCL.

Criterion 2:  Elevated levels of selenium in surface water samples from the cooling lake led to 

closure of the lake to the public. 

 A USFWS report indicated that cooling lake discharges into Cane Ridge Wildlife 

Area impacted the surface water quality and the biota because of selenium 

contamination.

Criterion 3:  Duke Energy voluntarily agreed to supply bottled drinking water to homes with 

affected wells. Indiana Department of Environmental Management (IDEM) is 

satisfied with the voluntary action taken by Duke Energy and has not taken any 

official action with regard to the contamination of drinking water wells.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

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7) Clifty Creek Station 

Indiana Kentucky Electric Corporation (IKEC) 

Madison, IN

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Landfill and Surface Impoundment

Background and Description

The Clifty Creek power plant was built in 1955 on the Ohio River, directly beside the Clifty Falls State 

Park. Along with the power plant, the site contains the landfill and unlined surface impoundments. The 

waste management units consist of the West Bottom Ash Pond, an active 58 acre surface impoundment, 

and the South Fly Ash Pond currently used for stormwater management. In the northern-most region of 

the former South Fly Ash Pond, an active Type III restricted waste (CCR) unlined landfill was 

constructed in 1992 as the facility began to process dry fly ash. Currently the landfill is being redesigned 

to be permitted as a Type I landfill to accept flue gas desulfurization (FGD) gypsum along with the dry 

fly ash. The landfill has three (3) onsite downgradient monitoring wells and one well located within the 

old fly ash impoundment. No offsite groundwater monitoring data is available. The Indiana Department 

of Environmental Management (IDEM) approved a permit for the construction of a Type I Restricted 

waste landfill on top of this existing landfill, however citizen groups are appealing this permit, requesting 

additional monitoring, and installation of a liner during future construction. IKEC and IDEM rejected the 

proposed changes, but the appeal is being disputed in court.

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates onsite groundwater with manganese above the secondary 

EPA Maximum Contaminant Level (MCL) and boron above the EPA’s Child Health Advisory. The 

report also notes elevated levels of iron and sulfates in onsite groundwater. The EIP/EJ February 2010 

Report mentions that groundwater studies of the area indicate groundwater is flowing north out of the 

landfill where it could potentially reach city municipal wells, however no monitoring wells are available 

to confirm this.

Evaluation against Proven Damage Criteria

Other Considerations

 According to the Utility Solid Waste Activities Group (USWAG) response, IDEM rejected the 

report that groundwater could be flowing north out of the landfill and possibly to municipal wells 

on “multiple deficiencies.” This was verified with IDEM. 

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded the secondary MCL for manganese, and exceeded 

the EPA Child Health Advisory for boron. 

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  None
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 14 DamageCaseEval_AppendixB_Final_v1

 A 2004 hydrogeological report found that groundwater contaminated by the landfill was 

discharged towards the Ohio River, flowing away from municipal wells and expected to be 

quickly diluted. 

Classification

Not a Damage Case

Rationale

There are no onsite or offsite groundwater exceedances of EPA MCLs. Onsite SMCL exceeded for 

manganese only with no indication of other primary MCL contaminants exceedances. As manganese may 

be leached from soil under any landfill condition alone it is not enough to specifically implicate CCR in 

health risk.

Additional Sources

Harmless, Marty. 2010. Telephone Conversation Marty Harmless, Indiana Department of Environmental 

Management, Land Use Department (October 22, 2010). 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 15 DamageCaseEval_AppendixB_Final_v1

8) Brandywine Coal Ash Landfill

Mirant Mid-Atlantic, LLC

Brandywine, MD

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Landfill and wastewater ponds

Background and Description

The Brandywine Coal Ash Landfill site contains an active coal ash landfill operated by Mirant MD Ash 

Management that receives fly and bottom ash from Chalk Point power plant. Most disposal pits are 

unlined, some have leachate collection systems and one has a synthetic liner. There is also wastewater 

treatment on the site consisting of four settling ponds that collect and treat the leachate which is discharge 

from four outfalls into Mataponi Creek. Shallow groundwater on the site also discharges to Mataponi 

Creek. Citizens groups and the Maryland Department of the Environment (MDE) have filed intents to sue 

Mirant for violations of the Clean Water Act (CWA). The organizations claim that Mirant is discharging 

pollutants into groundwater without a permit, as well as discharging contaminants to surface water via 

outfalls without proper permits.

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that there is contamination of onsite groundwater, including 

cadmium above its primary EPA Maximum Contaminant Level (MCL), as well as aluminum, chlorides, 

iron, manganese, sulfates and total dissolved solids (TDS) above secondary MCLs. 

The EIP/EJ February 2010 Report also notes contamination of offsite surface water in Mataponi Creek 

with cadmium and lead above water quality criteria downstream of the site. Selenium levels in discharge 

from outfalls were noted to consistently exceed water quality criteria between 2006 and 2008.

Evaluation against Proven Damage Criteria

Other Considerations

Criteria Evaluation

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

 Onsite groundwater data exceeded EPA SMCLs for iron, aluminum, manganese, 

sulfates, chlorides and TDS.

 No offsite groundwater data are available.

Criterion 2:  Cadmium and lead were found offsite surface water in Mataponi Creek at levels 

above unspecified water quality criteria. 

 Selenium was above water quality criteria in outfall discharges from the site, though it 

does not appear to be monitored in other offsite surface water.

Criterion 3:  In late 2009 and early 2010, citizen groups and MDE sent notices of intent to sue 

Mirant MD Ash Management and Mirant Mid-Atlantic for violations of the CWA.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 16 DamageCaseEval_AppendixB_Final_v1

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for cadmium have been found on site. While offsite 

surface water and outfall discharges exceeded unspecified water quality criteria, 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, however, notices of intent to sue 

have been filed by citizen groups and MDE.

Additional Sources

Letter from Maryland Dept. of the Environment to Mirant, Jan 15, 2010, Intent to Bring Suit 

http://www.newageblastmedia.com/MDE_OS_Mirant_Notice_Letter_fin01152010sw.pdf last 

accessed 10/29/10
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 17 DamageCaseEval_AppendixB_Final_v1

9) Karn/Weadock Generating Facility

Consumer Energy

Saginaw, MI

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Surface impoundments (regulated as landfills)

Background and Description

The Karn and Weadock landfills are two large surface impoundments located near the Saginaw River and 

Saginaw Bay of Lake Huron that receive coal ash from Consumer Energy’s Karn/Weadock Generating 

Facility. The two active impoundments are regulated as landfills. The sites were built in 1959 and 1961 

and cover 174 acres with a capacity of 4,175,000 cubic yards. Ash was previously sluiced into the 

impoundments but one of the landfills is now transitioning to a dry ash system. The area in Saginaw Bay 

where the river enters has been designated an Area of Concern (AOC) by the International Joint 

Commission, the designation a result of multiple sources of contamination. 

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that there is contamination of onsite groundwater with arsenic 

above the primary EPA Maximum Contaminant Level (MCL) and high levels of boron. The report also 

notes arsenic was found above the primary EPA MCL in a well in Lake Huron (and outside of the power 

plant property). This well monitors the quality of groundwater discharging into the lake.

The EIP/EJ February 2010 Report also indicates that the Saginaw Bay area was designated an AOC by 

the Joint International Commission for reasons including potential damage to fish or wildlife populations 

and/or drinking water restrictions. It mentions that the AOC designation is a result of multiple 

contamination sources, though it also notes a 2005 Michigan Department of Environmental Quality 

(MDEQ) report that determines the Karn and Weadock landfills are major contributors to arsenic 

contamination in the AOC. 

Evaluation against Proven Damage Criteria

Other Considerations

 The State later admitted a miscalculation and ruled that the offsite arsenic exceedance in Lake 

Huron well does not clearly implicate this site or CCR at this site. 

Criteria Evaluation

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

 Offsite groundwater data at one well located in Lake Huron had arsenic above the 

primary EPA MCL, but did not clearly implicate CCP from the landfills as the source.

Criterion 2:  None

Criterion 3:  MDEQ and Consumer Energy are negotiating a consent decree that will require slurry 

walls to be built to stop landfill leakage. The project is already underway – one slurry 

wall has been completed and the other is under construction. 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 18 DamageCaseEval_AppendixB_Final_v1

 An Agency for Toxic Substances and Disease Registry (ATSDR) report evaluated 18 major sites 

for impacts to this Lake Huron AOC but did not include the Karn and Weadock landfills. 

Classification

Potential Damage

Rationale

There are no administrative rulings or court decisions associated with the site; however MDEQ and 

Consumer Energy are negotiating a consent decree to address landfill leakage. Groundwater exceedances 

of the primary EPA MCL for arsenic have been found on site. Arsenic was also found exceeding the 

primary EPA MCL in an offsite well in Lake Huron, however the State ruled that the exceedance did not 

clearly implicate the Karn and Weadock landfills or the CCR at the site as the source. 

Additional Sources

“State says Saginaw Bay coal ash landfills are safe” Jeff Kart Published: Tuesday, October 13, 2009

http://www.mlive.com/news/bay-city/index.ssf/2009/10/state_says_saginaw_bay_coal_as.html last 

accessed 10/29/10

Human Health Risk Assessment Summary for the Consumers Energy Karn/Weadock Generating 

Complex Proposed Modifications (PTI Application # 341-07) January 30, 2009, 

http://www.deq.state.mi.us/aps/downloads/permits/PubNotice/341-07/341-

07%20Cumulative%20Risk%20Assessment.pdf last accessed 10/29/10

Michigan Department of Environmental Quality. 2009a. DEQ CE Karn Weadock Ground Water 

Monitoring, available at http://www.michigan.gov/documents/deq/GSI_MZ_Monitoring_298496_7.pdf
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 19 DamageCaseEval_AppendixB_Final_v1

10) Colstrip Power Plant

PPL Montana

Colstrip, MT

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Temporary and permanent disposal ponds

Background and Description

This Colstrip Steam Electric Station in Colstrip, Montana contains four power units, two built in the 

1970s and two more built in the 1980s. Ash slurry from these units is piped to the coal combustion 

residual (CCR) disposal ponds where ash settles and clean water is piped back for reuse. These permanent 

disposal ponds located to the northwest of Colstrip include the now inactive and unlined Stage I 

Evaporation Pond and the active 176-acre Stage II Evaporation Pond, which opened in 1992 and was 

lined and fitted with a leachate collection system in 2006. The site also contains a number of other 

temporary CCR ponds, some built with Units 1 & 2 in the 1970’s, as well as others built with Units 3 & 4 

in the 1980’s. All the ponds were originally unlined, some have since been closed, and some of the active

ponds have since been lined. The 367-acre Units 3 & 4 Effluent Holding Pond (EHP) is located 

approximately 3 miles to the southeast of Colstrip and was opened in 1983. 

Impact and Damage Claims

The EIP/EJ February 2010 Report claims that contaminated groundwater was moving offsite and affected 

shallow groundwater in a residential area offsite where wells were used for drinking water. The report 

notes one well at the Moose Lodge which was contaminated with boron above the EPA Child Health 

Advisory and other drinking water standards (e.g., European Union, World Health Organization, and 

Minnesota Department of Health). The Moose Lodge well also had sulfate above EPA’s Drinking Water 

Advisory and EPA SMCL, as well as total dissolved solids (TDS) above the EPA SMCL. The EIP/EJ 

February 2010 Report notes that the Moose Lodge well was replaced following these finding but also 

claims that members of Moose Lodge had been made ill by drinking the water before they stopped using 

it.

The EIP/EJ February 2010 Report also indicates that there is contamination of “waters in the various 

CCW disposal areas” with levels of selenium above the primary EPA Maximum Contaminant Level 

(MCL).

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Offsite groundwater data exceeded the EPA Child Health Advisory for boron. 

 Waters in the CCR disposal areas exceeded the primary EPA MCL for selenium, but 

the EIP/EJ February 2010 Report does not confirm that these “waters” are in fact 

groundwater.

Criterion 2:  None

Criterion 3:  Montana Department of Environmental Quality (DEQ) proposed an Administrative 

Order on Consent that requires investigation and remediation of seepage of 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 20 DamageCaseEval_AppendixB_Final_v1

Other Considerations

Classification

Proven Damage

Rationale 

The Montana DEQ proposed an Administrative Order on Consent which requires the investigation 

and remediation of releases from the Colstrip Power Plant. Additionally, a lawsuit filed by Colstrip 

residents was settled for previous damages to groundwater and the environment. Offsite groundwater 

data exceeded the EPA Child Health Advisory for boron, but not primary EPA MCLs. Waters in the CCR 

disposal areas exceeded the primary EPA MCL for selenium, but there is no information presented that 

these “waters” are in fact groundwater.

Additional Sources

Montana Department of Environmental Quality (DEQ), Colstrip Steam Electric Station, Proposed 

Administrative Order on Consent (February 2010) 

http://www.deq.mt.gov/mfs/ColstripSteamElectricStation/default.mcpx.

wastewater into groundwater and soil in a number of areas.

 A lawsuit filed by Colstrip residents claiming damages for groundwater 

contamination, subsurface subsidence, and remediation damages was settled in 2008 

for $25 million.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 21 DamageCaseEval_AppendixB_Final_v1

11) Sutton Steam Plant

Progress Energy

Wilmington, NC

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Surface impoundments

Background and Description

The Sutton Steam Plant site is an active 600 MW coal plant built in 1949. The impoundment consists of 

two unlined ash ponds built in 1972 and 1982, encompassing over 135 acres. New Hanover County 

operates public water supply wells on property immediately to the south of the plant property. Progress 

Energy conducts voluntary groundwater monitoring at the plant, though offsite groundwater data is 

unavailable. 

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that there is contamination of onsite groundwater, with 

arsenic above the primary EPA Maximum Contaminant Level (MCL) and boron, manganese, and iron 

above the North Carolina 2L Groundwater Standards. It also notes that groundwater contamination has 

spread over 500 feet from the impoundment and outside of the state-designated compliance boundary and 

claims this indicates the contamination is moving offsite. 

Evaluation against Proven Damage Criteria

Other Considerations

 Arsenic is only reported at the MW-2 well near the waste site boundary

Criteria Evaluation

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

 Onsite groundwater data exceeded North Carolina 2L Groundwater Standards for 

iron, manganese, and boron.

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  Because the contamination spread beyond the 500 foot compliance boundary, the 

North Carolina Department of Environment and Natural Resources (DENR) issued a 

Notice of Violation (NOV) and requested corrective action. 

 NPDES permit in place and a closure plan is being evaluated. 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 22 DamageCaseEval_AppendixB_Final_v1

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for arsenic have been found beyond the compliance 

boundary, but still on site. The North Carolina DENR issued a NOV and requested corrective action for 

MCL exceedances beyond the compliance boundary; however Progress Energy is performing the 

corrective action work voluntarily.

Additional Sources

Sutton Steam Plant NPDES Permit Modification Permit Number NC0001422, 

http://www.epa.gov/npdescan/NC0001422FS.pdf and renewal at 

http://www.epa.gov/npdescan/nc0001422fp.pdf last accessed 10/29/10

Department of Environment and Natural Resources. NC0001422 Progress Energy, Voluntary Monitoring 

Data.

Progress Energy Sutton Plant Coal Ash Voluntary Monitoring Data 8-2009.xls

Progress Energy Map, Sutton Ash Pond Figure 1 4-23-09.pdf
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 23 DamageCaseEval_AppendixB_Final_v1

12) Lee Steam Plant

Progress Energy

Goldsboro, NC

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Surface impoundment

Background and Description

The Lee Steam Plant was constructed in 1951 and has a capacity of 397 MW. The plant has one active 

unlined ash impoundment covering 143 acres and a capacity of 1,980 acre-feet. The impoundment lies 

less than 250 feet from the plant property boundary and the Neuse River. No offsite groundwater data is 

available as there are no reported monitoring wells outside the plant property line. 

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that onsite groundwater monitoring data exceeded the EPA 

Maximum Contaminant Level (MCL) for lead and arsenic. On-site groundwater data also exceeded North 

Carolina Code 2L Groundwater Standards for boron, manganese, and iron. The report also claims that 

onsite downgradient wells show contamination migrating toward neighboring properties. 

Evaluation against Proven Damage Criteria

Other Considerations

Criteria Evaluation

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

 Onsite groundwater data exceeded North Carolina 2L Groundwater Standards for 

boron, manganese, and iron.

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  North Caroline DENR has not required any corrective action and has no plans to 

take any regulatory action until groundwater contamination reaches the 

compliance boundary.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 24 DamageCaseEval_AppendixB_Final_v1

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for arsenic and lead have been found on site. There 

are no administrative rulings or court decisions associated with the site.

Additional Sources

Department of Environment and Natural Resources. (NC DENR). Progress Energy, Voluntary 

Monitoring Data.

Progress Energy Lee Plant – Coal Ash Voluntary Monitoring Data 8-2009.xls

Progress Energy, LEE_GW_Monitoring_Map_2009_FINAL.jpg
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 25 DamageCaseEval_AppendixB_Final_v1

13) Cape Fear Steam Plant

Progress Energy

Moncure, NC

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Surface impoundments

Background and Description

The Cape Fear Steam Plant was constructed in 1923 and has 316 MW of coal fired capacity. The coal 

plant operates four unlined ash impoundments, one active and three inactive. The impoundments cover a 

total area of 153 acres and the active impoundment has a capacity of 1764 acre-feet. Voluntary 

groundwater monitoring began in 2007 from piezometers next to the impoundments; however no offsite 

groundwater data is available. 

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that onsite groundwater monitoring data exceeded the 

primary EPA Maximum Contaminant Level (MCL) for lead. On-site groundwater data also exceeded 

North Carolina Code 2L Groundwater Standards and EPA SMCLs for boron, chromium, iron, 

manganese, and sulfate.

Evaluation against Proven Damage Criteria

Other Considerations

 The onsite groundwater exceedance for lead occurred as a single exceedance in one piezometer, 

which also had high total dissolved solids (TDS). This may suggest that this sole lead exceedance 

was associated with particulate matter in the sample matrix, and not representative of the aquifer 

conditions. 

Criteria Evaluation

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

 Onsite groundwater data exceeded North Carolina 2L Groundwater Standards (boron, 

chromium, iron, manganese, and sulfate) and EPA SMCLs (iron, manganese, and 

sulfate).

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  North Caroline DENR has not required any corrective action and has no plans to 

take any regulatory action until groundwater contamination reaches the 

compliance boundary.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 26 DamageCaseEval_AppendixB_Final_v1

Classification

Potential Damage

Rationale

Groundwater exceedance of the primary EPA MCL for lead was found in a single sample from one onsite 

piezometer. Onsite groundwater also exceeded North Carolina Code 2L Groundwater Standards and/or 

EPA SMCLs. There are no administrative rulings or court decisions associated with the site.

Additional Sources

Department of Environment and Natural Resources. Progress Energy, Voluntary Monitoring Data.

Progress Energy, Cape Fear Steam – Coal Ash Pond Voluntary Monitoring Data 8-2009.xls.

Progress Energy, Cape Fear_GW_Monitoring_Map_2009_FINAL.jpg.

Progress Energy Carolinas Cape Fear Plant, Assessment of Dam Safety Coal Combustion Surface 

Impoundments (Task 3) Final Report, (Sept. 14, 2009). 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 27 DamageCaseEval_AppendixB_Final_v1

14) Swift Creek Structural Fill Site

ReUse Technology, Inc. / Full Circle Solutions, Inc.

Rocky Mount, NC

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Structural fill

Background and Description

Swift Creek is a 25-acre structural fill site that operated between 1991 and 2001, and accepted coal 

combustion residual (CCR) from six different power plants in North Carolina and Virginia. The site 

contains mostly fly ash which was placed above a shallow water table and at times placed directly into an 

onsite wetland. The site was classified as beneficial use site and did not require a permit from the North 

Carolina Department of Environment and Natural Resources (NC DENR). A subsurface drainpipe system 

was installed in 2008 as a corrective action measure to intercept groundwater and lower groundwater 

elevation in contact with CCR.

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that the primary EPA Maximum Contaminant Level (MCL) 

for lead and arsenic was exceeded in offsite groundwater downgradient of the fill site. The report also 

notes sulfate exceeded the North Carolina Code 2L Groundwater Standard in offsite groundwater. The 

report indicates onsite primary EPA MCL exceedances were observed for lead and arsenic, as well as 

sulfate above the North Carolina 2L Groundwater Standard. 

The EIP/EJ February 2010 Report mentions that a NC DENR inspection in the mid-1990’s found that 

CCR had been placed too close to surface water, the seasonal high groundwater table, and to the property 

line, all of which were in violation of the approved plan. In August 2001, the NC DENR determined that 

coal ash had been placed into a wetland on site.

Evaluation against Proven Damage Criteria

Criteria Evaluation

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

the North Carolina Code 2L Groundwater Standard for sulfate. 

 Onsite groundwater data exceeded the primary EPA MCLs for lead and arsenic, and 

the North Carolina Code 2L Groundwater Standard for sulfate.

Criterion 2:  NC DENR determined in 2001 that coal ash had been placed directly into a wetland 

on site.

Criterion 3:  NC DENR issued a Notice of Violation in 2002 for failure to bring the fill area into 

compliance with an original plan for waste placement. A Compliance Order was 

subsequently issued in 2006, which included a fine and a requirement to delineate the 

nature and extent of groundwater sand surface water contamination. 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 28 DamageCaseEval_AppendixB_Final_v1

Other Considerations

 According to a 2006 NC DENR Compliance Order, the NC DENR collected coal ash samples in 

2004 from the plants where the ash at Swift Creek originated, and found “elevated levels of lead, 

arsenic, and sulfates.” This may suggest that the constituents found in the groundwater at Swift 

Creek are related to the ash it received from the plants. 

Classification

Proven Damage

Rationale

Groundwater exceedances of the primary EPA MCL for arsenic and lead have been found on site and off 

site. The North Carolina DENR issued a NOV and subsequent Compliance Order to delineate 

groundwater and surface water contamination; however this Order did not have an explicit finding of 

specific damage to human health or the environment.

Additional Sources

NC DENR, solid waste database (Jan. 25, 2010) available at www.wastenotnc.org/sw/swpenalties.asp

last accessed 10/29/10. 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 29 DamageCaseEval_AppendixB_Final_v1

15) Belews Creek Steam Station

Duke Energy

Belews Creek, NC

Note: This site overlaps with the 11) Belews Lake in Appendix A. Evaluated below only as 

to recent alleged damage.

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Surface impoundment and landfills

Background and Description

The Belews Creek Steam Station was constructed in 1974 and has 2,240 megawatts of coal-fired capacity. 

The Belews Steam Station includes three landfills and a surface impoundment: Pine Hall Road Fly Ash 

Landfill (NC Permit #85-03); Craig Road Fly Ash Landfill (NC Permit #85-04); FGD Residue Landfill 

(NC Permit #85-05); and an ash impoundment. All landfills are active currently except the 40 acre Pine 

Hall Road Fly Ash Landfill which was initiated closure in 2007 with an NC DENR approved Closure 

Plan. The site has no offsite groundwater monitoring locations but regular groundwater monitoring is 

performed in the vicinity of the landfills. 

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that selected onsite wells have indicated on site exceedances 

of MCLs (lead, arsenic, selenium), along with exceedances of SMCLs (boron, iron, manganese, pH, 

nitrate, sulfate) and state guidelines.

Evaluation against Proven Damage Criteria

Other Considerations

 This site overlaps with the Belews Lake damage case in Appendix A (site #11.) Ecological 

damage claims were previously discussed under Belews Lake/site #11. The evaluation here 

addresses only recent alleged damage pertaining to different waste units. 

Criteria Evaluation

Criterion 1:  No offsite groundwater exceedances of MCLs 

 Onsite groundwater data exceeded the primary EPA MCLs for lead, arsenic, and 

selenium 

Criterion 2:  None

Criterion 3:  None
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 30 DamageCaseEval_AppendixB_Final_v1

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for arsenic, lead, and selenium have been found on 

site. 

Additional Sources

Duke Energy, Belews Creek Steam Station Coal Ash Pond Voluntary monitoring Data, 2009.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 31 DamageCaseEval_AppendixB_Final_v1

16) Asheville Steam Electric Plant

Progress Energy

Arden, NC

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Surface impoundments

Background and Description

The Asheville Steam Electric Plant has two coal ash impoundments that accept coal combustion residual 

(CCR) from the Asheville Plant. One is actively being used for wet storage of coal combustion waste and 

has a capacity of 1,400 acre-feet. The other is being used to dry store material dredged from the wet pond 

and has a capacity of 1,380 acre-feet. The impoundments lie less than 250 feet from the property line, 

and in 2007 the operator began voluntary groundwater monitoring at the site. However, no offsite 

monitoring data is available. 

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that onsite groundwater monitoring data exceeded North 

Carolina Code 2L Groundwater Standards and/or secondary EPA Maximum Contaminant Levels (MCLs) 

for boron, chromium, iron, and manganese. The detected chromium did not exceed its primary EPA 

MCL. 

Evaluation against Proven Damage Criteria

Other Considerations

Classification

Potential Damage

Rationale

There are no exceedances of primary EPA MCLs in onsite or offsite groundwater; however there are 

onsite exceedances of North Carolina 2L Groundwater Standards and/or EPA SMCLs. There are no 

administrative rulings or court decisions associated with the site.

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded North Carolina 2L Groundwater Standards (boron, 

chromium, iron, and manganese) and EPA SMCLs (iron and manganese).

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  North Carolina Department of Environment and Natural Resources (DENR) has not 

required any corrective action and has no plans to take any regulatory action until 

groundwater contamination reaches the compliance boundary.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 32 DamageCaseEval_AppendixB_Final_v1

Additional Sources

Department of Environment and Natural Resources. Progress Energy, Voluntary Monitoring Data.

Progress Energy, Asheville Steam Electric Plant Coal Ash Voluntary Monitoring Data, 2009.

“Coal Combustion Waste Impoundment Dam Assessment Report Site 7 1982 Pond &1964 Pond Progress 

Energy Carolinas Asheville, North Carolina” Prepared By: Dewberry & Davis, Inc. for Lockheed Martin 

Services, Inc. (Sept. 11, 2009)
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 33 DamageCaseEval_AppendixB_Final_v1

17) Four Corners Power Plant

Arizona Public Service

Fruitland, NM

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Landfill and surface impoundments

Background and Description

The Four Corners Power Plant is a 2,040 MW power plant located west of Farmington, New Mexico on 

Navajo Land that has been operating since 1963. The plant has five units which produce around 2 million 

tons of coal combustion residual (CCR) per year. Approximately half the CCR is sluiced into surface 

impoundments on site, while another portion is backfilled into the Navajo Mine which has supplied coal 

to the plant since 1968. The site contains six now inactive unlined impoundments, a new synthetically 

lined active ash impoundment built in 2003, an active and lined water impoundment, and a dry fly ash 

disposal landfill. The site operator began voluntary groundwater monitoring around and downgradient of 

the impoundments, however, he has been unwilling to share the data with the Navajo Nation 

Environmental Protection Agency (NNEPA), the regulatory agency that has jurisdiction over 

environmental regulations at the site. 

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that two separate statistical analyses of surface water quality 

in the Chaco Wash have shown degradation of water quality. One study (Zimmerman 2005) notes levels 

of total dissolved solids (TDS), selenium, sulfate, and boron at higher concentrations in offsite locations 

downstream from the CCR impoundments and mine than in locations upstream of the site. The other 

study (Ross 2007) found statistically significant increases in five metals downstream from the CCR 

disposal area – including boron, copper, lead, zinc, and mercury. 

The EIP/EJ February 2010 Report indicates that the Navajo Nation water quality standards list the Chaco 

Wash as used for wildlife and livestock watering, aquatic habitat, and secondary human contact. The 

report notes copper and lead above the NNEPA recommended livestock water quality levels, as well as 

selenium and zinc above the U.S. Environmental Protection Agency’s (EPA) ambient water quality 

criteria (AWQC). 

The EIP/EJ February 2010 Report also notes that water from the impoundments has seeped out at various 

instances and has surfaced on the Chaco Wash banks. It is also noted that levels of many metals are the 

highest in the ash within the impoundments compared to other source material in the area, and that a 

single well in the disposal area (in contact with CCR and representative of a combination of ash pore 

water and groundwater) had arsenic above the primary EPA Maximum Contaminant Level (MCL) and 

boron above the EPA Child Health Advisory. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite water sample from a single “well” in the disposal area (in contact with CCR) 

had arsenic above the primary EPA MCL and boron above the EPA Child Health 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 34 DamageCaseEval_AppendixB_Final_v1

Other Considerations

 The results of the studies finding damage are questioned based on the data used to characterize 

the wash, and other improper analysis. 

 The site co-manages CCR and coal mining wastes. The studies that observed the downstream 

surface water degradation do not specifically implicate CCRs as a cause. 

Classification

Not a Damage Case

Rationale 

CCR is managed alongside mining wastes on the site, and the studies presented do not specifically 

implicate CCRs as a cause for contamination. The onsite water sample from a “well” in the CCR disposal 

area which had arsenic above the primary EPA MCL and boron above the EPA Child Health Advisory is 

arguably not a groundwater sample, but more representative of an ash pore water sample. While the 

statistical analyses of surface water data claim there is degradation of water quality downstream of the 

site, there is no risk assessment or scientific study available that explicitly documents evidence of damage 

to human health or the environment.

Additional Sources

EPA Region 9 Response To Comments BHP Billiton Navajo Coal Company - Navajo Mine NPDES 

Permit No. NN0028193 http://www.epa.gov/region9/water/npdes/pdf/navajo/navajo-resp-comments-2-

14-08-final.pdf last accessed 10/29/10

National Pollutant Discharge Elimination System Permit No NN0028193, 

http://www.epa.gov/region9/water/npdes/pdf/navajo/bhp-navajo-final-permit-02-13-08.pdf last accessed

10/29/10

Ross, L. 2007. Effects of Four Corner Power Plant Coal Combustion Waste Disposal on Surface and 

Groundwater Quality. Glenrose Engineering, Austin TX. Submitted to Lisa Evans, Earthjustice (August 

2007).

Technical Review of a Report Prepared by D.A. Zimmerman (2005) entitled ‘A Preliminary Evaluation of 

the Potential for Surface Water Quality Impacts from Fly Ash Disposal at the Navajo Mine, New 

Mexico’, Norwest Applied Hydrology prepared for BHP Navajo Coal Company, October 2007, 

http://www.epa.gov/region9/water/npdes/pdf/navajo/bhp-comments.pdf last accessed 10/29/10

Zimmerman, D.A. 2005. A Preliminary Evaluation of the Potential for Surface Water Quality Impacts 

from Fly Ash Disposal at the Navajo Mine, New Mexico. Prepared for Submission to the National 

Advisory. 

 The operator performs voluntary groundwater monitoring, but has not been willing to 

share the data with regulatory authorities.

Criterion 2:  Two statistical analyses of surface water data from the Chaco Wash have shown 

higher concentrations of various metals downstream from the impoundments 

compared to surface water upstream from the impoundments.

 Copper and lead were found in downstream surface water at levels above the NNEPA 

recommended livestock water quality criteria, as well as selenium and zinc above 

AWQC.

Criterion 3:  None
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 35 DamageCaseEval_AppendixB_Final_v1

Academy of Sciences Committee on Mine Placement of Coal Combustion Wastes. SETA, Inc. Cedar 

Crest NM (May 25, 2005).
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 36 DamageCaseEval_AppendixB_Final_v1

18) Reid Gardner Generating Facility

NV Energy

Moapa, NV

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Surface impoundments (settling and evaporation ponds)

Background and Description

The Reid Gardner Generating Facility site is located in Moapa, NV at the Navajo Mine. Fly ash and flue 

gas desulfurization waste produced by the site is sluiced into one of three unlined surface impoundments. 

The impoundments were originally unlined, but were either closed or had double liners installed in 

accordance with a closure plan. Wastewater from the active waste impoundments is discharged to one of 

five evaporation ponds. The operation is designed to be a closed system for recycling of the cooling 

water, and no surface water is discharged from the site. Groundwater has been evaluated onsite and 

offsite. 

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that levels of arsenic, chromium, nitrate, and selenium 

exceeded primary EPA Maximum Contaminant Levels (MCLs) in onsite groundwater. Additionally, 

arsenic exceeded the primary EPA MCL in offsite groundwater. 

Evaluation against Proven Damage Criteria

Other Considerations

 The plant maintains a permitted solid waste disposal facility; however, there is little mention of 

the solid waste causing the contamination. NDEP action in response to observed groundwater 

has focused on the coal combustion product (CCP) units.

 In June 2010, the NPDES permit was reissued by Nevada Department of Environmental 

Protection (NDEP) and immediately challenged in court by citizens groups.

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded primary EPA MCLs for arsenic, chromium, nitrate, 

and selenium.

 Offsite groundwater data exceeded the primary EPA MCL for arsenic.

Criterion 2:  None

Criterion 3:  In 1997, the NDEP issued an Administrative Order of Consent to repair, line, or 

replace evaporation ponds impacting groundwater. Corrective actions have been 

completed and approved by NDEP. 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 37 DamageCaseEval_AppendixB_Final_v1

Classification

Proven Damage

Rationale

Offsite groundwater exceeded the primary EPA MCL for arsenic, and onsite groundwater exceeded the 

primary EPA MCL for arsenic, chromium, nitrate, and selenium. The NDEP issued an Administrative 

Order of Consent to repair and update evaporation ponds to prevent groundwater impact but with no 

explicit finding of specific damages.. 

Additional Sources

Nevada Division of Environmental Protection. 2009. Nevada Power Company- Reid Gardner Station, 

available at http://ndep.nv.gov/BCA/reid_gardner.htm (last visited Oct. 7, 2010).

Nevada Division of Environmental Protection. 2008. Reid Gardner Station Closure Plan. available at

http://ndep.nv.gov/BCA/file/reid_final_closure_plan.pdf .

Nevada Division of Environmental Protection. Permit No. NEV91022.

http://www.sec.nv.gov/appeal_docs/permit_nev91022.pdf last accessed 10/29/10

Notice Of Decision, Permit Number Nev91022, Nv Energy, Inc. Reid Gardner Station June 24, 

2010, http://ndep.nv.gov/docs_10/nod_nev91022_p10.pdf last accessed 10/29/10 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 38 DamageCaseEval_AppendixB_Final_v1

19) Mitchell Power Station

Allegheny Energy

Courtney, PA

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Landfill and wastewater lagoons/surface impoundments

Background and Description

The Mitchell Power Station site is located in Courtney, PA near the Monongahela River and operates a 

70-acre unlined coal combustion residual (CCR) landfill with a capacity of 5.6 million cubic yards. The 

site also has two wastewater treatment lagoons which cover approximately one acre, and are constructed 

with concrete sides and a compacted soil base that is covered with one foot of bottom ash. The landfill is 

used for a mix of fly ash and bottom ash, while the lagoons are for process wastewater and discharge 

under a NPDES permit. Allegheny Power began groundwater investigations at the site in 1998. 

Groundwater has been evaluated onsite; however, no offsite groundwater data are available. Surface 

water has not been evaluated onsite or offsite, although the Monongahela River is nearby. 

Impact and Damage Claims

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

Contaminant Level (MCL) in onsite groundwater. Additionally, boron exceeded the EPA Child Health 

Advisory in onsite groundwater. Elevated levels of molybdenum, nickel, and manganese were also 

reportedly detected in some downgradient monitoring wells. 

Evaluation against Proven Damage Criteria

Other Considerations

 The Utility Solid Waste Activities Group (USWAG) claims that the data should be more 

appropriately compared to Pennsylvania Statewide Health Standards of medium specific 

concentrations (MSCs) for non-residential, non-use aquifers rather than drinking water MCLs. 

The Pennsylvania MSCs for non-residential, non-use aquifers have not been exceeded.

 Permit No. 300809 was reissued on March 28, 2002 with a change of ownership and 

modification of the Waste Acceptance Plan to allow acceptance of fly ash and bottom ash from 

Hatfield's Ferry Power Station.

 Permit ID No. 300809for the Mitchell Power Station CCB Landfill was renewed August 2008.

Criteria Evaluation

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

Child Health Advisory for boron.

 No offsite groundwater data are available.

Criterion 2:  None

Criterion 3:  In 2001, the Pennsylvania Department of Environmental Protection (PADEP) issued a 

Notice of Violation (NOV) to Allegheny Power for failure to minimize fugitive dust 

emissions from the landfill. Monitoring requirements for fugitive dust emissions were 

discontinued in 2004.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 39 DamageCaseEval_AppendixB_Final_v1

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for arsenic have been found on site. PADEP issued 

an NOV in 2001 related to fugitive dusts, however the monitoring requirements were discontinued in 

2004. There are no current administrative rulings or court decisions associated with the site.

Additional Sources
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 40 DamageCaseEval_AppendixB_Final_v1

20) Phillips Power Plant

Duquesne Light Company

Crescent Township, PA

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Landfill and surface impoundments

Background and Description

The Phillips Power Plant is located in South Heights, Pennsylvania and consists of two ash ponds with 

capacities of 13.5 and 9 million gallons, as well as a 157 acre coal ash and flue gas desulfurization (FGD) 

landfill. Fifty acres of the landfill were used for the disposal of coal combustion residual (CCR) from 

1969 until 1991. The two ponds were decommissioned in the early 1990s and the landfill was 

decommissioned in the late 1990s. The power plant itself was acquired by Duquesne Light Company in 

late 1990s and fully decommissioned in 2002. About 75 percent of the landfill is in Allegheny County 

and 25 percent is in Beaver County. Groundwater has been evaluated onsite; however, no offsite 

groundwater data are available. Although surface water is present nearby, no data are available.

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that levels of aluminum, chloride, fluoride, manganese, and 

total dissolved solids (TDS) exceeded secondary EPA Maximum Contaminant Levels (MCLs) in onsite 

groundwater. 

The EIP/EJ February 2010 Report claims that in the late 1980’s several public supply wells in Beaver 

County, Pennsylvania were contaminated with elevated levels of TDS (above EPA SMCLs) from the two 

coal ash ponds at the Phillips Power Plant. The report also claims that residences located offsite 

experienced failure of their hot water heaters and had to frequently replace them (e.g., once per year) due 

to TDS in the groundwater. 

Pennsylvania Department of Environmental Protection (PADEP) filed a complaint against the Duquesne 

Light Company for violations of total suspended solids (TSS) limits at a NPDES outfall and for adversely 

impacting the groundwater aquifer used by the public drinking water supply wells. A subsequent Consent 

Order and Agreement (COA) was signed in 1990 which ordered the Duquesne Light Company to stop 

contamination from the ash pond and provided several options for the to remediate the source of 

contamination. The COA led to the closure of the ponds and landfill. As part of the closure plan for the 

Landfill, PADEP required quarterly groundwater monitoring due to evidence of groundwater degradation.

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded the EPA SMCLs for aluminum, chloride, fluoride, 

manganese, and TDS.

 Offsite groundwater data exceeded the secondary MCL for TDS.

Criterion 2:  Presumably, due to elevated TDS in offsite groundwater, resident’s hot water heaters 

were being ruined and had to be replaced frequently.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 41 DamageCaseEval_AppendixB_Final_v1

Other Considerations

 The EIP/EJ February 2010 Report indicates that 50 acres of the 157 acre landfill is CCR, but the 

wastes contained in the remaining 107 acres are unspecified. In 1975, the Duquesne Light 

Company received Solid Waste Disposal Permit No. 300440 from PADEP.

 The Utility Solid Waste Activities Group (USWAG) claims that since no primary EPA MCLs 

are exceeded, this should not be considered a damage case. 

Classification

Potential Damage

Rationale

There are no exceedances of primary EPA MCLs in onsite or offsite groundwater; however there are 

onsite and offsite exceedances of EPA SMCLs. Damage to resident’s hot water heaters does not constitute 

a scientific study that provides documented evidence of damage to human health or the environment. 

While there was a COA issued in 1990, the agreement did not have an explicit finding of specific damage 

to human health or the environment.

Additional Sources

SE Technologies, Inc. (SET). 1994. Closure Plan, PADEP Solid Waste Permit NO. 300440, Phillips Ash 

Disposal Site, Duquesne Light Company, Crescent Twp. Allegheny County, Hopewell Twp. Beaver 

County, Pennsylvania (Approved by PADEP Feb. 9, 1998).

Criterion 3:  A COA was signed in 1990 providing several options to remediate the source of 

contamination and included a $50,000 penalty for discharge violations.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 42 DamageCaseEval_AppendixB_Final_v1

21) Seward Generating Station

RRI Energy, Inc. (Formerly Reliant Energy, Inc.)

New Florence, PA

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Ash pit and closed piles

Background and Description

Coal ash has been disposed of at the Seward Generating Station in New Florence, PA since 1954. 

Disposal went unpermitted for many years and was not contained in either landfills or impoundments. 

There are two previously closed unlined ash disposal sites (No. 1 and No. 2), as well as an unlined codisposed coal ash and coal refuse pit which is no longer active. The Seward Generating Station was 

rebuilt in 2004 over the coal ash and coal refuse pit. The Seward Generating Station is a fluidized bed 

combustion (FBC) plant that burns waste coal. Groundwater has been evaluated onsite; however, no 

offsite groundwater data are available. Surface water has been evaluated offsite in the Conemaugh River. 

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates groundwater monitoring data have exceeded primary and 

secondary EPA Maximum Contaminant Levels (MCLs) since at least 2004. In onsite groundwater, levels 

of antimony, arsenic, cadmium, chromium, lead, and selenium exceeded their primary EPA MCLs. 

Additionally, aluminum, chloride, iron, manganese, nickel, sulfate, zinc, and TDS exceeded secondary 

MCLs in onsite groundwater. 

The EIP/EJ February 2010 Report also indicates that aluminum, nickel, and zinc exceeded 

Pennsylvania’s Water Quality Criteria (WQC) for Fish and Aquatic Life in surface water downstream 

of the ash sites in the Conemaugh River. 

The EIP/EJ February 2010 Report also claims that aluminum, iron, manganese, and pH exceeded NPDES 

permit limits in the effluent discharge from the coal ash/coal refuse pile (Outfall 012) into the Conemaugh 

River monthly for the past five years. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

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

cadmium, chromium, lead, and selenium.

 Onsite groundwater data exceeded secondary EPAMCLs for aluminum, chloride, iron, 

manganese, nickel, sulfate, zinc, and TDS.

 No offsite groundwater data are available. 

Criterion 2:  Aluminum, nickel, and zinc exceeded Pennsylvania WQC for Fish and Aquatic Life 

in the Conemaugh River downstream of the ash sites.

 Aluminum, iron, manganese, and pH exceeded NPDES permit limits in effluent water 

discharge into the Conemaugh River offsite for the past five years.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 43 DamageCaseEval_AppendixB_Final_v1

Other Considerations

 Coal refuse had been co-managed at the site after 2004.

 Consent orders primarily involved correction of NPDES discharge exceedances of iron, 

aluminum, manganese, pH, temperature, and TDS. PADEP recently revised the NPDES 

permitting levels indicating no likely environmental damage.

Classification

Potential Damage

Rationale

Ground water exceedances of the primary EPA MCLs for antimony, arsenic, cadmium, chromium, lead, 

and selenium have been found on site. While surface water samples downgradient of the ash site have 

exceeded Pennsylvania WQC, there is no risk assessment or scientific study available that explicitly 

documents evidence of damage to human health or the environment. Consent orders do not indicate 

explicit findings of specific damage.

Additional Sources

Criterion 3:  A 1982 Consent Order and Agreement (COA) between the Pennsylvania Department 

of Environmental Protection (PADEP) and RRI Energy ordered the closure of the No. 

1 ash site, cessation of ash disposal at Seward, and a $308,000 fine for violations of 

the Solid Waste Management Act.

 A 2000 COA was issued by PADEP and resulted in capping of the No. 1 ash site with 

three feet of flowable fill. RRI filed its Notice of Intent in November 2001 to 

remediate the site, which included placing a deed restriction on the property to 

prohibit future use of groundwater for human consumption or other human exposure.

 RRI has reportedly been subject to several COAs to cease discharging pollutants 

from Outfall 012.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 44 DamageCaseEval_AppendixB_Final_v1

22) Fern Valley Landfill

Orion Power Holdings, Inc.

Elrama, PA

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Landfill

Background and Description

The Fern Valley landfill is located in Elrama, PA and sits along the Monongahela River. The landfill 

accepted coal ash from Elrama Power Plant from 1989 to 2003. The landfill is lined with a 3-foot thick 

layer of low permeability cementious material. There were several Pennsylvania Department of 

Environmental Protection (PADEP) violations in 2002 for placement of waste beyond permitted 

boundaries, and water quality assessments have been required due to citizen and regulatory concerns. The 

landfill was closed in 2007. Groundwater has been evaluated onsite; however, no offsite groundwater data 

are available. Surface water has been evaluated offsite in the Monongahela River.

Impact and Damage Claims

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

Contaminant Level (MCL) in onsite groundwater. Additionally, boron, chloride, sulfate, and total 

dissolved solids (TDS) regularly exceeded health advisory limits or EPA SMCLs in onsite groundwater. 

EIP/EJ February 2010 Report also notes that selenium concentrations in surface water downstream of the 

landfill have exceeded Pennsylvania Water Quality Criteria (WQC), and other constituents (including 

arsenic, chloride, sulfate, and TDS) were found at concentrations higher than in a sampling location 

upstream of the landfill. 

A benthic study commissioned by the operator in 1995 found that the downstream sampling location was 

degraded relative to the upstream sampling location. This report also noted a number of serious 

deficiencies in the NPDES permit and discharge from the landfill. 

The EIP/EJ February 2010 Report also claims that PADEP violations were issued several times in 2002 

due to placement of landfill wastes outside of permitted boundaries. In addition, water quality 

assessments have been required and will continue through 2017. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

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

 Onsite groundwater data exceeded health advisory limits or secondary MCLs for

boron, chloride, sulfate, and TDS.

 No offsite groundwater data are available. 

Criterion 2:  Selenium in surface water downstream of the landfill exceeded Pennsylvania WQC.

 A benthic study found a decrease in species diversity of aquatic animals has occurred 

in the downstream tributary. 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 45 DamageCaseEval_AppendixB_Final_v1

Other Considerations

Classification

Proven Damage

Rationale

A documented study found degradation of the benthic community downstream of the landfill relative to 

the upstream location. Groundwater exceedances of the primary EPA MCL for arsenic have been found 

on site. There are no current regulatory corrective actions, administrative rulings, or court decisions 

associated with the site; however, notices of violation were issued by PADEP in the past. 

Additional Sources

Criterion 3:  Due to placement of waste outside of the permitted landfill boundaries and failure to 

report monitoring data, PADEP issued several noticed of violation in 2002. 

 Water quality assessments have been required and will continue through 2017 in 

response to citizen and regulatory concerns.

 Actions and responses by the operator have satisfied regulators resulting in no 

further corrective regulatory actions.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 46 DamageCaseEval_AppendixB_Final_v1

23) Hunlock Power Station

UGI Development Company

Hunlock Creek, PA

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Surface impoundment

Background and Description

The Hunlock Power Station is a small power plant along the Susquehanna River located in Hunlock 

Creek, PA. Since 1959, most of the coal combustion residues (CCRs) have been shipped offsite for 

placement in undisclosed landfills and Pennsylvania coal mines. Originally, two small coal ash basins 

existed at the site, one containing fly ash (204,400 cubic yards) and one containing bottom ash (154,500 

cubic yards). However, due to the slurrying operations over time, the two units became a single comanaged surface impoundment. There is a natural clay liner of unknown thickness at the site; however 

parts of it have reportedly been excavated. The facility does not have a solid waste permit but is 

regulated under the Pennsylvania Residual Waste Regulations for storage facilities. Effluent from the 

impoundment outfall is discharged under a NPDES permit. 

Onsite groundwater contamination led the state to require an assessment to delineate the source and extent 

of contamination. Additional monitoring wells were installed and sampled starting in 2009. The 

facility planned to close in May, 2010 and Pennsylvania Department of Environmental Protection 

(PADEP) staff are assessing monitoring data to determine if they have sufficient information to 

determine groundwater impacts in order to determine the scope of abatement necessary under 

closure. There is no offsite groundwater or surface water monitoring for the site; however, PADEP staff 

have indicated that no public water supply intakes or private wells are located along the Susquehanna 

River downstream of the facility.

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that levels of arsenic have exceeded the primary EPA 

Maximum Contaminant Level (MCL) in onsite groundwater for at least 10 years. Additionally, levels of 

iron and manganese exceeded EPA SMCLs in onsite groundwater.

The EIP/EJ February 2010 Report claims that groundwater contamination is discharging from the 

impoundment to the Susquehanna River, and may contribute to arsenic loading in downstream surface 

waters. One of the onsite monitoring wells that is located approximately 240 feet downgradient of the 

waste boundary and near the Susquehanna River has consistently had arsenic concentrations exceeding 

primary EPA MCLs since samples were first taken from the well in April 2009. Additionally, effluent 

discharge samples from the impoundment outfall (Outfall 005) to the Susquehanna River contained 

arsenic. And while the concentrations of arsenic were under surface water quality standards that protect 

aquatic life, the large flow authorized/permitted from the outfall (1,500 gallons per minute) could also 

contribute to arsenic loading in the river. 

Evaluation against Proven Damage Criteria

Criteria Evaluation
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 47 DamageCaseEval_AppendixB_Final_v1

Other Considerations

Classification

Potential Damage

Rationale

Ground water exceedances of the primary EPA MCL for arsenic have been found on site. The EIP/EJ 

February 2010 Report claims that the site may have caused arsenic loading to the Susquehanna River; 

however no data are available to support the claim and there is no scientific study available that explicitly 

documents evidence of damage to human health or the environment. The groundwater assessment and 

monitoring performed by UGI Development Company 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

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

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

 No offsite groundwater data are available.

Criterion 2:  Contaminated groundwater discharge to the Susquehanna River and effluent discharge 

from the impoundment may have caused arsenic loading downstream of the 

impoundment; however, no surface water data from the Susquehanna River are 

available to support this claim.

Criterion 3:  In January 2008, PADEP ordered UGI Development Company to conduct a 

groundwater assessment of the site to delineate the source and extent of 

contamination.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 48 DamageCaseEval_AppendixB_Final_v1

24) Portland Generating Station's Bangor Quarry Ash Disposal Site

RRI Energy, Inc. (formerly Reliant Energy, Inc.)

Bangor, PA

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Landfill

Background and Description

The Portland Generating Station's Bangor Quarry Ash Disposal Site is a lined landfill constructed in a 

quarry located in Bangor, Pennsylvania. The wastes disposed of in the landfill include fly ash, bottom 

ash, and “Trona Test Ash” which is ash produced during a Pennsylvania Department of Environmental 

Protection (PADEP)-approved trial burn at the Portland Generating Station utilizing the injection of a 

substance intended to reduce air emissions. The liner is constructed of a synthetic geo-membrane over a 

6-inch fly ash sub base. Leachate from above the liner drains into an ash leachate pond where it is drained 

into an open channel and then into Brushy Meadow Creek, if it meets acceptable criteria following 

analysis. The site also has a stormwater sedimentation pond. Both ponds discharge under NPDES 

permitted outfalls. Groundwater has been evaluated onsite; however, no offsite groundwater data are 

available. Surface water has been evaluated offsite at Brushy Meadow Creek. 

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that primary EPA Maximum Contaminant Levels (MCLs) 

have been exceeded although there are no constituents mentioned or data given to support this claim. EPA 

SMCLs, however, have been exceeded for aluminum, fluoride, iron, manganese, sulfate, and total 

dissolved solids (TDS). The report also indicates that increasing trends were found for a number of 

constituents (including arsenic, boron, potassium, and others) in downgradient wells, but there is no 

mention of exceedances of criteria or standards for these constituents.

The EIP/EJ February 2010 Report indicates that boron, cadmium, hexavalent chromium, and selenium in 

outfall discharges to Brushy Meadow Creek have exceeded Pennsylvania’s Water Quality Criteria (WQC) 

due to unpermitted discharges from both outfalls at the site.

The EIP/EJ February 2010 Report also claims that ash that has been dumped at the landfill, specifically 

the trona ash (or test ash), has been more toxic than permitted by regulations. Two of the nine composite 

samples collected of the trona ash had concentrations of leachable arsenic that exceeded Pennsylvania 

Class II landfill limits.

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded EPA SMCLs for aluminum, fluoride, iron, 

manganese, sulfate, and TDS.

 No offsite groundwater data are available.

Criterion 2:  Boron, cadmium, hexavalent chromium, and selenium exceeded Pennsylvania’s 

WQC in effluent discharge into Brushy Meadow Creek from both outfalls at the site.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 49 DamageCaseEval_AppendixB_Final_v1

Other Considerations

 There are two public water supply wells within 3⁄4 mile of the site.

Classification

Potential Damage

Rationale

There are no documented exceedances of primary EPA MCLs in onsite or offsite groundwater; however 

there are onsite exceedances of EPA SMCLs. While there are exceedances of Pennsylvania WQC in 

effluent discharge from the site, there is no scientific study that links the exceedances to evidence of 

damage to human health or the environment. There are no regulatory corrective actions, administrative 

rulings, or court decisions associated with the site.

Additional Sources

PADEP, NPDES Permit No. PA0063606 for Bangor Quarry Ash Disposal Facility (issued to RRI on Jan. 

8, 2003).

PADEP, Flow Diagrams of NPDES Permit No. PA00063606 Outfalls 001 and 002.

Criterion 3:  None
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 50 DamageCaseEval_AppendixB_Final_v1

25) Wateree Station

South Carolina Electric and Gas (SCE&G)

Eastover, SC

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Surface impoundment

Background and Description

Coal combustion residuals (CCRs) produced at the Wateree Station are placed into an unlined 80-acre 

coal ash surface impoundments located in Eastover, South Carolina near the Wateree River. The active 

impoundment has a capacity of 52,272,000 cubic feet. Ash Ponds 1and 2 were commissioned in the early 

1970's and have received waste to the present. •.A•sh Ponds 1.and 2· act as the primary settling pond and 

polishing pond, respectively, for ash sluicing operations. In addition the site has coal pile runoff pond and 

two low volume waste ponds for wastewater treatment. The site is located upstream of the Congaree 

National Park, which is reported to have one of the largest contiguous sections of floodplain forest in 

North America. Groundwater has been evaluated onsite and private testing has occurred offsite. Surface 

water has been evaluated offsite at the Wateree River.

Impact and Damage Claims

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

Contaminant Level (MCL) in onsite groundwater. 

The EIP/EJ February 2010 Report also mentions that private testing at a nearby farm property indicated 

that levels of arsenic in seeps coming off the ash impoundment exceeded the “state standard”. These 

results were reported in local newspapers, The State and The Post and Courier. 

The EIP/EJ February 2010 Report also claims that elevated arsenic levels have been found in fish living 

in the Wateree River near the facility when compared to upstream and downstream concentrations. The 

report mentions that one catfish was found to have elevated levels of arsenic in its tissue. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

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

 No offsite groundwater data are available.

Criterion 2:  Private testing at a nearby farm property found arsenic levels above unspecified “state 

standards” in seeps leaking offsite.

 Elevated fish tissue arsenic concentrations have been reported in a single catfish near 

the site in comparison to concentrations found upstream and downstream of the Site.

Criterion 3:  Neighboring landowners have filed lawsuits to stop contamination from reaching their

property.

 The Wateree Station plant was cited in 2001 by the South Carolina Department of 

Health and Environmental Control (DHEC) for violations related to arsenic 

exceedances of state standards in groundwater. However, no regulatory action was 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 51 DamageCaseEval_AppendixB_Final_v1

Other Considerations

 The sources listed in the EIP/EJ February 2010 Report are limited to newspaper reports and no 

primary data sources.

 DHEC approved a mixing zone and compliance boundary in 2001.

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for arsenic have been found on site. While the 

EIP/EJ February 2010 Report claims exceedances of unspecified “state standards” in offsite seepage 

water and elevated arsenic concentrations in fish tissue, there is no scientific study presented that links 

these claims to evidence of damage to human health or the environment. A lawsuit has been filed by 

neighboring landowners, but there are currently no regulatory corrective actions, administrative rulings, 

or court decisions associated with the site.

Additional Sources

“Lawyer details SCE&G water pollution” Sammy Fretwell, The State, Oct 7, 2009, 

http://www.thestate.com/2009/10/07/973941/lawyers-detail-sceg-water-pollution.html last accessed 

10/29/10

taken by DHEC after the site owner agreed to take action to reduce contamination 

from the impoundment.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 52 DamageCaseEval_AppendixB_Final_v1

26) Urquhart Station

South Carolina Electric & Gas Company (SCE&G)

Beech Island, SC

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Landfill and settling basins

Background and Description

Coal ash produced at the Urquhart Station is disposed of in an active landfill and two settling basins along 

the Savannah River in Beech Island, South Carolina. Disposal at this landfill dates back to the late 1980s. 

The landfill is 300 feet from the river, and the two settling basins are 100 feet from the river. Localized 

groundwater flow is assumed to be towards the river. Groundwater has been evaluated onsite and wetland 

contamination has been inferred; however, due to the sporadic nature of contaminants at the site, no 

formal assessment or offsite investigation has occurred. The South Carolina Department of Health and 

Environmental Control (DHEC) has indicated that no offsite monitoring has been required since 

results in wells near the river have not exceeded drinking water standards. 

Impact and Damage Claims

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

Contaminant Level (MCL) in onsite groundwater associated with the landfill and the ash settling basins. 

Additionally, arsenic and nickel have exceeded South Carolina drinking water standards in onsite 

groundwater associated with the landfill. 

EIP/EJ February 2010 Report also claims that contaminated shallow groundwater discharges into the 

adjacent wetland, and that drilling activities for a replacement well near the wetland revealed that coal ash 

wastes were placed into the wetland. 

Evaluation against Proven Damage Criteria

Other Considerations

 Contaminant concentrations have been sporadic.

Criteria Evaluation

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

 Onsite groundwater data exceeded South Carolina drinking water standards for 

arsenic and nickel.

 No offsite groundwater data are available. 

Criterion 2:  Ash was discovered in a replacement well near the wetlands, suggesting that coal ash 

waste were placed into the wetland.

Criterion 3:  SCG&E completed a Comprehensive Groundwater Assessment for the landfill area, 

and they are currently assessing the nature and extent of the contamination 

associated with the ash settling basins. According to DHEC personnel these 

activities are considered to be “informal” actions, and no violations or orders have 

been issued to the owner.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 53 DamageCaseEval_AppendixB_Final_v1

 SCE&G claims that elevated levels of arsenic are due to monitoring wells being placed in ash 

disposal areas and wells that were improperly constructed, and requested that the replacement 

well in the wetland area be abandoned. South Carolina DHEC denied the request.

Classification

Inadequate Information

Rationale

Sporadic groundwater exceedances of the primary EPA MCL for arsenic have been found on site. The 

EIP/EJ February 2010 Report claims that coal ash wastes have been disposed of in the wetland area, 

however there is no scientific study that provides documented evidence of damage to human health or the 

environment. Previous and ongoing assessment activities are “informal” and there are currently no 

regulatory corrective actions, administrative rulings, or court decisions associated with the site.

Additional Sources

South Carolina Department of Health and Environmental Control (SC DHEC), Groundwater 

Contamination Inventory, 2008, available at http://www.scdhec.gov/environment/water/gwci/gwci.pdf.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 54 DamageCaseEval_AppendixB_Final_v1

27) Grainger Generating Station

South Carolina Public Service Authority (SCPSA)

Conway, SC

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Surface impoundments

Background and Description

Grainger Generating Station is located along the Waccamaw River in Conway, South Carolina and uses 

two fly ash ponds to dispose of coal combustion residuals (CCRs). The nature and extent of 

contamination at the site is now being studied, ten years after arsenic was found in groundwater near the 

river. Localized groundwater flow is assumed to be towards the Waccamaw River, and South Carolina 

Department of Health and Environmental Control (DHEC) personnel believe that the river acts as a 

discharge boundary and that offsite migration beyond the river is not likely. Discharge from the two fly 

ash ponds is covered under an NPDES permit. Groundwater is being evaluated onsite; however, no 

offsite groundwater data are available. Surface water has been evaluated offsite. 

Impact and Damage Claims

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

Contaminant Level (MCL) in onsite groundwater at two wells during one monitoring event in 2000. 

The EIP/EJ February 2010 Report indicates that offsite surface water sampling events conducted in 2001 

and 2006 did not find that arsenic was leaching into Waccamaw River. However, the report argues that 

results from these events were not compared to appropriate standards for protection of human health by 

consumption of contaminated water and organisms, since the Waccamaw River in the area of the 

Grainger Station has a “Freshwater” designated use. 

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Onsite groundwater data exceeded the primary EPA MCL for arsenic at two wells 

during one event in 2000. 

 No offsite groundwater data are available. 

Criterion 2:  The EIP/EJ February 2010 Report argues that surface water data from the Waccamaw 

River were not compared to appropriate standards, and that the South Carolina 

DHEC’s finding that arsenic was not leaching into the river is flawed. 

Criterion 3:  The South Carolina Public Service Authority (SCPSA) is currently responsible for 

determining the nature and extent of contamination associated with the ash ponds, 

including if offsite impacts are likely. South Carolina DHEC personnel have indicated 

that the no remediation of the ponds is being conducted, that ongoing assessment 

activities are “informal,” and that no violations or orders have been issued to the site 

owner. 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 55 DamageCaseEval_AppendixB_Final_v1

Other Considerations

 Arsenic was found in one well above MCLs in 2000 and since then no exceedances have been 

found. Ongoing groundwater monitoring is a condition of the sites NPDES permit.

Classification

Inadequate Information

Rationale

There have only been two onsite exceedances of the primary EPA MCL for arsenic, both of which 

occurred in 2000. Subsequent NPDES-required groundwater monitoring has not found any additional 

exceedances over the last 10 years. Additionally, an investigation associated with the ponds is ongoing to 

determining the nature and extent of contamination and if offsite impacts are likely. The EIP/EJ February 

2010 Report argues that surface water data from the Waccamaw River were not compared to appropriate 

standards, however no specific data comparisons are provided to support the claim and there is no 

scientific study that provides documented evidence of damage to human health or the environment. 

Ongoing assessment activities are “informal” and there are currently no regulatory corrective actions, 

administrative rulings, or court decisions associated with the site.

Additional Sources

SC DHEC, Groundwater Contamination Inventory, 2008, available at

http://www.scdhec.gov/environment/water/gwci/gwci.pdf. 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 56 DamageCaseEval_AppendixB_Final_v1

28) John Sevier Fossil Plant

Tennessee Valley Authority

Rogersville, TN

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Surface impoundment

Background and Description

The John Sevier Fossil Plant site consists of an active 90-acre unlined surface impoundment located along 

the Holston River in Rogersville, TN. The Tennessee Valley Authority (TVA) built the impoundment in 

the 1950’s for disposal of combustion residuals (CCR) from the co-located coal plant. Since 1987, dry 

CCR (bottom ash and fly ash) has been stacked on top of the existing 90-acre dewatered ash pond. 

Groundwater at the site discharges to offsite surface water such as Holston River and its local tributaries 

(Dodson Creek and Polly Branch). A public water supply intake on the Holston River is located less than 

two miles downstream from John Sevier Fossil Plant. Groundwater has been evaluated onsite at 

monitoring wells which are located between the impoundment and the river. No offsite groundwater or 

surface water data are available.

The John Sevier Fossil Plant also operates another unlined 41-acre CCR pond for its bottom ash and fly 

ash. Twenty-six (26) acres of the pond are an active disposal site; however, there is no landfill permit for 

this impoundment. Data about the environmental conditions of this impoundment are not available.

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that levels of cadmium exceeded the primary EPA Maximum 

Contaminant Level (MCL) in onsite groundwater wells located on the banks of the Holston River. 

Additionally, aluminum, manganese, and sulfate exceeded EPA SMCLs in onsite groundwater, and boron 

and strontium exceeded various other benchmarks. The EIP/EJ February 2010 Report indicates that TVA 

states that its impoundments are upgradient from the Holston River (and its local tributaries) and that 

groundwater from the site discharges directly into these surface waters. 

No surface water data for the site are available. However, in Tennessee, groundwater that enters a surface 

water body is subject to surface water criteria. The EIP/EJ February 2010 Report indicates that cadmium 

levels in groundwater wells located along the banks of the Holston River exceeded both chronic and acute 

EPA Water Quality Criteria (WQC) levels for freshwater aquatic life, and that arsenic and manganese 

exceeded EPA’s human health criteria for consumption of fish.

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 aluminum, manganese, and 

sulfate. 

 No offsite groundwater data are available.

Criterion 2:  Cadmium, arsenic, and manganese levels in groundwater wells located on the banks 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 57 DamageCaseEval_AppendixB_Final_v1

Other Considerations

 There are 18 private wells located within a one mile radius of the surface impoundment.

Classification

Potential Damage

Rationale

Groundwater exceedances of the primary EPA MCL for cadmium have been found on site. While 

groundwater wells located on the banks of the Holston River exceeded EPA WQC for surface waters, 

there is no scientific study that provides documented evidence of damage to human health or the 

environment. There are currently no regulatory corrective actions, administrative rulings, or court 

decisions associated with the site.

Additional Sources

Tennessee Valley Authority (TVA), John Sevier Dry Ash Stacking Facility, Groundwater Assessment 

Monitoring Reports (May 2009; December 2008).

http://www.state.tn.us/environment/kingston/pdf/tva/StantecJohnSevierAnalysisF.pdf last accessed 

10/29/10

of the Holston River exceeded EPA WQC. 

Criterion 3:  None
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 58 DamageCaseEval_AppendixB_Final_v1

29) Coal Combustion Waste Landfill

Trans-Ash, Inc.

Camden, TN

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Gravel pit serving as a landfill

Background and Description

Since 2002, Trans-Ash has disposed of coal combustion residuals (CCRs) at a former gravel-mined 

quarry (Bivens Quarry) in Camden, Tennessee. The CCRs in the landfill consist of fly ash and bottom ash 

generated at the Tennessee Valley Authority (TVA) Johnsonville Fossil Plant. The landfill is currently 

active, and the Tennessee Department of Environment and Conservation (TDEC) recently 

appro2 € an expansion of the landfill. Due to previous gravel mining activities penetrating into 

groundwater, Trans-Ash was required to install a lining throughout the landfill; however they failed to do 

so, resulting in coal ash in direct contact with groundwater. Sixteen private wells are located within a 

one-mile radius of the landfill, and at least eight wells supply nearby residents with drinking water. 

Groundwater has been evaluated both onsite and offsite.

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that levels of mercury exceeded the primary EPA Maximum 

Contaminant Level (MCL) in groundwater at two offsite residential wells (“Gibson wells”). Additionally, 

arsenic, chromium, lead, and mercury exceeded their primary EPA MCLs in onsite groundwater. The 

report also claims that downgradient monitoring wells have exhibited increasing trends in boron and 

sulfate concentrations over the last two years, indicating that groundwater quality is likely being 

influenced by landfill leachate. 

The EIP/EJ Report also claims that surface water and sediment have been impacted by the Trans-Ash 

landfill. The report indicates that TDEC data show that the highest sediment mercury concentration was 

from the sediment pond at the landfill. TDEC’s Division of Water Pollution Control reportedly issued 

three Notices of Violation (NOV) to Trans-Ash for releasing CCR in an unlined portion of the landfill; 

releasing CCR into an unnamed tributary to Cypress Creek; and failure to report violations or take 

corrective action.

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  Offsite groundwater data exceeded the primary EPA MCL for mercury in two 

residential wells.

 Onsite groundwater data exceeded primary EPA MCLs for arsenic, chromium, lead, 

and mercury.

Criterion 2:  TDEC has issued an NOV to Trans-Ash for releasing CCR into an unnamed tributary 

to Cypress Creek. The EIP/EJ Report claims that surface water and sediment have 

been impacted by the Trans-Ash landfill; however no specific data to support these 

claims was provided.
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 59 DamageCaseEval_AppendixB_Final_v1

Other Considerations

 One woman, Nalgene Gibson, complained of burning skin when bathing in her residential well 

water. Her wells were those that exceeded primary EPA MCLs for mercury.

 There are 16 private wells within a one mile radius of the landfill, eight of which supply drinking 

water. 

 Trans-Ash argued that the mercury contamination is not from their landfill and cites several 

claims including: the CCR does not contain mercury as indicated from leaching results, the wells 

with exceedances are upgradient of the landfill, and the mercury is naturally occurring. 

Classification

Proven Damage

Rationale

Offsite groundwater exceeded the primary EPA MCL for mercury, and onsite groundwater exceeded the 

primary EPA MCL for arsenic, chromium, lead, and mercury. The EIP/EJ February 2010 Report claims 

that surface water and sediment have been impacted by the Trans-Ash landfill, however there is no 

scientific study that provides documented evidence of damage to human health or the environment. The 

TDEC issued a Commissioners Order to address landfill violations and EPA implemented an Emergency 

Removal Action to address contaminated offsite residential wells. 

Additional Sources

Criterion 3:  In 2005, TDEC issued a Commissioners Order and assessed a $160,000 penalty 

against Trans-Ash for not installing a liner in the entire landfill and improperly 

installing a liner in portions of the landfill.

 In 2009, in response to a complaint from a resident with two private wells (“Gibson 

well”) and subsequent TDEC sampling of the well, EPA implemented an Emergency 

Removal Action that involved the connection of the Gibson residence to the city water 

supply. 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 60 DamageCaseEval_AppendixB_Final_v1

30) John Amos Power Plant

Appalachian Power

Winfield, WV

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Surface impoundments

Background and Description

The John Amos Power Plant located in Winfield, West Virginia disposes of coal ash waste in the Little 

Scary Creek surface impoundment. The impoundment is an active, unlined 175-acre fly ash impoundment 

owned by Appalachian Power with a storage capacity is 11,160 acre-feet and a dam height of 223 feet.

Five additional impoundments used to store bottom ash are located at the power plant. These 

impoundments were commissioned in 1971, cover approximately 30 acres; and have a total storage 

capacity of 357 acre-feet. A recently constructed and permitted landfill is also located on the power plant 

property. Surface water discharge from the impoundments into Little Scary Creek has exceeded NPDES 

permit criteria several times in the past; however the state has granted variances for surface water criteria. 

Effluent discharge is planned to be rerouted into the Kanawha River to avoid Little Scary Creek in the 

future. There are no onsite or offsite groundwater data available. Surface water has been evaluated onsite 

and offsite. 

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that levels of selenium in effluent water discharge from the 

site have exceeded NPDES permit limits. The EIP/EJ February 2010 Report also indicates that levels of 

selenium in surface water samples from Little Scary Creek exceeded West Virginia’s acute and chronic 

water quality standards for the protection of aquatic life. 

The EIP/EJ February 2010 Report indicates that selenium concentrations in September 2006 fish tissue 

data (average concentration 58.02 mg/kg, as reported by Janes 2009) exceeded EPA’s proposed selenium 

fish tissue criterion (7.91 mg/kg, EPA 2004) and a threshold value established by a selenium expert at the 

USDA Forest Service (4 mg/kg, Lemly 2002). The report also suggests that the average concentration of 

selenium in fish tissue associate with the site should trigger a West Virginia fish consumption advisory.

Evaluation against Proven Damage Criteria

Criteria Evaluation

Criterion 1:  None

Criterion 2:  Selenium exceeded NPDES permit limits in effluent discharge from the 

impoundment.

 Selenium detected in surface water samples from Little Scary Creek exceeded West 

Virginia’s water quality standards for protection of aquatic life.

 Selenium concentrations in both species reported, Creek Chub fish tissue data 

(average 50.82 mg/kg) and Green Sunfish (average 11.72 mg/kg dry weight) exceeded 

EPA’s proposed selenium fish tissue criterion (7.91 mg/kg, EPA 2004) and a 

threshold value established by a selenium expert at the USDA Forest Service (4 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 61 DamageCaseEval_AppendixB_Final_v1

Other Considerations

 West Virginia granted site-specific variances from the statewide numeric NPDES criteria for 

selenium and copper for Little Scary Creek impoundment discharges. 

 No study documents damage to the environment from the selenium levels and direct implication 

of CCRs given prevalence of selenium laden effluents from othe sources including coal mining.

 Despite elevated levels in fish tissue, there is no documentation of human health risk in part as 

fish in study were primarily Creek Chubs which are minnow sized fish unlikely to be directly 

eaten by humans. The concentrations are likely to accumulate in the foodchain but no study 

documents the damage in this case.

 Fish analysis performed by two separate laboratories and three different sample collection events 

generally confirm results.

Classification

Not a Damage Case

Rationale

There are no documented exceedances of primary EPA MCLs in onsite or offsite groundwater. While 

there are limited and sporadic exceedances of selenium NPDES permit limits in the discharge from the 

impoundment, the state granted variances on the statewide numeric criteria for selenium. Similarly, while 

surface water and fish tissue samples from Little Scary Creek had selenium concentrations above various 

comparison criteria, there is no scientific study that links these exceedances to evidence of damage to 

human health or the environment and implicates CCRs. There are no regulatory corrective actions, 

administrative rulings, or court decisions associated with the site.

Additional Sources

Selenium Bioaccumulation Among Select Stream and Lake Fisheries in West Virginia, West Virginia 

Dept. of Environmental Protection, February 2009

Lemly, Dennis, A. 2002. Selenium Assessment in Aquatic Ecosystems, A Guide for Hazard Evaluation 

and Water Quality Criteria. Springer. New York.

TVA. 2002. Final Environmental Assessment, Johnsonville Fossil Plant: Development of a Long-Term 

Ash Management Strategy (February 2002).

U.S. Environmental Protection Agency, 2004. Aquatic Life Criteria for Selenium - Draft Criteria, Fact 

Sheet; December 2004. Accessed at:

http://water.epa.gov/scitech/swguidance/waterquality/standards/criteria/aqlife/pollutants/selenium/fs.cfm

mg/kg, Lemly 2002).

Criterion 3:  None
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 62 DamageCaseEval_AppendixB_Final_v1

31) Mitchell Generating Station

Ohio Power Company

Moundsville, WV

Source Document

Out of Control: Mounting Damages From Coal Ash Waste Sites, Thirty-one New Damage Cases of 

Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and 

Earthjustice. February 24, 2010.

Type

Surface impoundments

Background and Description

The Mitchell Generating Station is located in Moundsville, West Virginia along the Ohio River and 

operates two impoundments. The 71-acre, unlined Conner Run fly ash impoundment was commissioned 

in 1971, has a capacity of 13,500 acre-feet, and holds 48 million cubic yards of fly ash. The 17.5-acre 

bottom ash pond was commissioned in 1975. The two impoundments receive ash fly ash and bottom ash 

from two American Electric Power (AEP) plants (Mitchell and Kammer), as well as unspecified “coal 

mining wastes” from the Consol McElroy Mine. Surface water discharges from the fly ash impoundment 

into Conner Run Creek and has exceeded NPDES permit limits several times in the past. Groundwater 

has been evaluated onsite; however, no offsite groundwater data are available. Surface water has been 

evaluated onsite and offsite.

Impact and Damage Claims

The EIP/EJ February 2010 Report indicates that levels of arsenic and antimony exceeded their primary 

EPA Maximum Contaminant Levels (MCLs) in onsite groundwater associated with the Conner Run fly 

ash impoundment. The report also claims previous onsite groundwater exceedances of sodium, sulfate, 

and zinc; however, criteria and concentrations are not reported. 

The EIP/EJ February 2010 Report indicates that levels of selenium in effluent water discharge from the 

Conner Run fly ash impoundment have exceeded NPDES variance permit limit and EPA’s Ambient 

Water Quality Criteria (AWQC). The EIP/EJ February 2010 Report also indicates that levels of selenium 

in surface water samples from Conner Run Creek exceeded West Virginia’s acute and chronic water 

quality standards for the protection of aquatic life. 

The EIP/EJ February 2010 Report indicates that selenium concentrations in fish tissue data from Conner 

Run Creek (average of 31.5 mg/kg as reported in Janes 2009) exceeded EPA’s proposed selenium fish 

tissue criterion (7.91 mg/kg, EPA 2004) and a threshold value established by a selenium expert at the 

USDA Forest Service (4 mg/kg, Lemly 2002). The report also suggests that the average concentration of 

selenium in fish tissue associate with the site should trigger a West Virginia fish consumption advisory.

Evaluation against Proven Damage Criteria

Criteria Evaluation

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

 No offsite groundwater data are available.

Criterion 2:  Selenium exceeded NPDES permit limits in effluent discharge from the fly ash 

impoundment.

 Selenium detected in surface water samples from Conner Run Creek exceeded West 
APPENDIX B - Assessment of February 2010 Alleged Damage Cases October 2010

Do Not Cite or Quote 63 DamageCaseEval_AppendixB_Final_v1

Other Considerations

 According to the WVDEP 2009 report on status of fly ash dams and landfills, approximately 60 

percent of the wastes received at the site are “unspecified coal mining wastes” from the Consol 

McElroy Mine. The remaining 40 percent consists of fly ash and bottom ash from two different 

AEP plants. 

 Groundwater monitoring at the site is required by an NPDES permit.

 The WVDEP, in its November 2009 Fly Ash Dam/Landfill Condition Evaluation Report, noted a 

major seepage zone in the natural hillside on the left side of the impoundment that discharges to 

Fish Creek.

Classification

Not a Damage Case

Rationale

The site is reported to co-manage CCR and unspecified “coal mining wastes”; therefore the claim does 

not specifically implicate CCRs as a cause of damage to human health or the environment. 

Additional Sources

Selenium Bioaccumulation Among Select Stream and Lake Fisheries in West Virginia, West Virginia 

Dept. of Environmental Protection, February 2009

Lemly, Dennis, A. 2002. Selenium Assessment in Aquatic Ecosystems, A Guide for Hazard Evaluation 

and Water Quality Criteria. Springer. New York.

U.S. Environmental Protection Agency, 2004. Aquatic Life Criteria for Selenium - Draft Criteria, Fact 

Sheet; December 2004. Accessed at:

http://water.epa.gov/scitech/swguidance/waterquality/standards/criteria/aqlife/pollutants/selenium/fs.cfm

WVDEP, Division of Waste Management, Fly Ash Dam / Landfill Conditions Evaluation (Nov. 2009), 

http://www.dep.wv.gov/WWE/ee/ds/Documents/Status_WV_Fly_Ash_Dams_Landfills_Nov609.pdf

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

http://www.epa.gov/osw/nonhaz/industrial/special/fossil/surveys/survey-mitchell.pdf last accessed 

10/29/10

Virginia’s water quality standards for protection of aquatic life.

 Selenium concentrations in four species fish tissue data from Conner Run Creek

(average of 23.1 mg/kg) exceeded EPA’s proposed selenium fish tissue criterion 

(7.91 mg/kg, EPA 2004) and a threshold value established by a selenium expert at the 

USDA Forest Service (4 mg/kg, Lemly 2002)..

Criterion 3:  None.