Coversheet: 

Tab Tab Description

Proven This table presents the damage cases designated by EPA as a "proven." A proven damage 

case means those cases where: (1) there were documented exceedances of primary MCLs or 

other health-based standards measured in ground water at sufficient distance from the waste 

management unit to indicate the hazardous constituents have migrated to the extent that 

they could cause human health concerns, (2) a scientific study provides documented evidence 

of another type of damage to human health or the environment (e.g., ecological damage), 

and/or (3) there has been an administrative ruling or court decisions with an explicit finding 

of specific damage to human health or the environment.

Potential This table presents the damage cases designated by EPA as "potential." A potential damage 

case means those cases with: (1) documented exceedances of primary MCLs or other healthbased standards only directly beneath or in very close proximity to the waste source, and/or 

(2) documented exceedances of secondary MCLs or other health-based standards on site or 

off site.

Rejected This tab contains a listing of damage cases designated by EPA as "rejected."

References This tab contains a listing of the damage case references.

Abbreviations This tab contains a listing of the acronyms identified in this workbook.

This spreadsheet contains a full listing of the identified damage cases and EPA's designation (i.e., proven, 

potential, or rejected) as of September 18, 2012. Note that this file doesn't address the 19 damage cases 

identified in Environmental Integrity Project's December 2011 Report Risky Business: Coal Ash Threatens 

America’s Groundwater Resources at 19 More Sites (DCN SE01985). These alleged damage cases have not been 

reviewed or confirmed by EPA.
Facility

Georgia Power Plant Bowen

NIPSCO Yard 520

Gibson Generating Station Plant, Duke Energy (Cinergy)

Constellation Energy's BBSS S&G Quarries

PEPCO Morgantwon Faulkner offsite

Lansing Board of Water & Light N. Lansing LF

JR Whiting generating Plant - CMS/Consumers Energy

Detroit Edison Range Road Landfill

Colstrip PP, PPL Montana

Belews Lake Duke energy

Hyco Lake

Swift Creek Structural Fill Site ReUse Techn

Reid Gardner Generating Nevada Energy

Don Frame Trucking Fly Ash LF

Cayuga Coal Ash Disposal LF, AES

Conesville FGD LF, AEP

Martin's Creek PP, PPL

Bruce Mansfield First Energy's Power Station

Hatfield's Ferry Allegheny Energy Power Station
Fern Valley LF Orion Power Holdings

Canadys Plant, SCE&G

DOE Savannah River D-Area

Urquhart Station SCE&G

TVA Kingston

DOE Oak Ridge Y-12 OU 2

CCW LF Trans Ash Inc.

Brandy Branch Reservoir SW Electric Power's Pirkey PP

Southwestern Electric Power Welsh Reservoir

Texas Utilities Electric Martin Lake

VEPCO Chisman Creek 

Clinch River PP AEP-Appalachian Power (Carbo power plant)

Glen Lyn Plant, AEP/Appalachian Power

Dairyland Power E.J. Stoneman

WEPCO Hwy 59 We Energies

WEPCO Cedar Sauk Ash LF

Columbia Energy Center Alliant Energy

Oak Creek Power Plant – Wisconsin Energy/Wisconsin Electric Power (Caledonia)

John Amos PP, AEP/Appalachian Power
Location State

Cartersville GA

Pines IN

Princeton IN

Gambrills MD

Morgantown MD

North Lansing MI

Erie MI

East China Township, St. Clair County MI

Colstrip MT

Stokes, Rockingham, Guilford, and Forsyth 

Counties

NC

Roxboro NC

Rocky Mount NC

Moapa NV

Pomfret NY

Lansing NY

Conesville OH

Mt Bethel Township PA

Shippingport PA

Masontown PA
Elrama PA

Walterboro SC

Savannah River SC

Beech Island SC

Harriman TN

Oak ridge TN

Camden TN

Marshall TX

Mount Pleasant TX

Tatum, Rusk and Manola Counties TX

Yorktown VA

Cleveland VA

Glen Lyn VA

WI

Waukesha WI

Cedarburg WI

Pardeeville WI

Oak Creek WI

Winfield/St. Albans WV
Key Reference(s) WU Type

CCW DC Ass #8 SI

CCW DC Ass #19 LF & BU

Out of Control #6 2 LFs & 6 SIs, Cooling Reservoir 

CCR Proposed Rule, 6/2010 S&G pit

CCW DC Ass #5 LFs (3) & SIs (6); artificial wetland

CCW DC Ass #18 S&G pit

CCW DC Ass #76 [According to ICF (6/2010)- "Rejected"] SIs (6)

EPA-HQ-RCRA-2009-0640-6815 Attachment 5; Becky Cuthbertson Email, 

11/9/2010. http://www.michigan.gov/documents/deq/DNRE-WHMDSW-DETROIT_EDISON_RANGE_ROAD_OpLicense_320053_7.pdf

LF (Type III Low Hazard Industrial LF)

Out of Control #10 SIs (2), Cooling Lake, Evap. Ponds

CCW DC Ass #11 Cooling Reservoir

CCW DC Ass #7 Cooling Reservoir

Out of Control #14 Structural Fill

Out of Control #18 LF & SIs (8) 

CCW DC Ass #3 LF

In Harm's Way #22 LF & SI (Leachate Pond)

CCW DC Ass #63 LF

CCR Proposed Rule, 6/2010 SI

In Harm's Way #29 SI

In Harm's Way #30 LF
Out of Control #22 LF

CCW DC Ass #10 SIs (2)

CCW DC Ass #12 SIs

Out of Control #26 [According to ICF (6/2010)- "Rejected"] LF & SIs (2 Settling basins)

CCR Proposed Rule, 6/2010 SI

CCW DC Ass #9 SI

Out of Control #29 LF & SI 

CCW DC Ass #20 Cooling Reservoir

CCW DC Ass #21 [According to ICF (6/2010)- "Rejected"] Cooling Reservoir

CCW DC Ass #22 Cooling Reservoir

CCW DC Ass #6 S&G pit

In Harm's Way #36 SI

In Harm's Way #37 [According to ICF (6/2010)- "Rejected"] SIs (2)

CCW DC Ass #13 SI

CCW DC Ass #14 S&G pit

CCW DC Ass #16 S&G pit

In Harm's Way #38 SIs (3)

In Harm's Way #39; Collapse coverage based on EPA Region 5 and WDNR 

cleanup bulletins and media coverage.

3 LFs; Old Structural Fill

Out of Control #30 [According to ICF (6/2010)- "Rejected"] SIs (2); LF (1) 
Liner Year Started

No 1968

Partial 1983

No SIs: 1974 (2 SIs); 1991 (2 SIs); 1995; 1999. 

LFs: Late 1970s and (not implicated ) 2009.

Compressed Fly Ash 1995

No; failed 1970; 1979; 1989

No 1980

? 1952 1959 1974

No Early 1950s

3: Clay; 1: Partial Clay; 1: Hypalon; 1-HDPE 1975-76 (2); 1975; 1983 (2); 1992

No 1970s

No 1964

No 1991

SIs: No LF: No 1976

No ?

No (Phase I); Composite (Phase II) 1980s

No 1976

No 1955

No 1977

No 1984
3' Cemented Ash 1989

No; Failed slurry wall 1974 1988

No 1950s

No Late 1980s to mid-1990s

No 1950s

No 1955

0.25" geosynthetic, partial and improperly 

installed

2002

No 1983

No(?) 1976

No 1974

No 1957

No 1964

? 1963 1965

No 1950

No 1969

No 1969

No 1975

2 Inactive LFs: probably No; Active LF: Clay 

(Phase I); Composite w/leachate collect 

(Phase II). Structural Fill: No

1969, 1976; Fill - from 1950s to late 1960s

SIs: No; LF - ? 1971
Year Damage Noted Failure Mode

2002; 2008 SW, Sediment

2000 GW, Soils

SW: 2003; GW: 2007 SW/Ecol, GW

1999 GW, Fugitive Dust

1991 GW & SW; Ecolo (veget. Damage)

1993 GW

2008? SW/Ecol Sediments

1995 GW & SW

Early 1980s GW & SW

1974 SW/Ecol

1974 SW/Ecol

2004 GW

1997 GW, Fugitive Dust

1989 GW

Early 2000s GW & SW

1979/80 GW

2005 SW/Sediments, GW

1993 GW & SW

2001 GW & SW
1995 GW & SW

1982 2008 GW

Mid 1970s SW/Ecol, Sediments

1989; 2007 GW, Soil

2008 GW, SW/Sediments, Soils

1989 SW/Ecol, GW

2005 GW & SW

1986 SW/Ecol

1981 SW/Ecol

1978 SW/Ecol

1980 GW (SW)

1967 SW/Ecol

Late 1970s SW/Ecol

1976 GW

1988 GW

Early 1980s GW

1977 SW/Ecol

2002 or earlier; Fill's partial collapse: 10/31/11 GW; SW: Fill collapsed into Lake Michigan

1974 SW/Ecol
COCs/GW COCs/SW

As, Cd, Cr, Pb, Hg, Ni, Cu

As, Mo, Fe, Mn, Sf

As, Se, B, Fe, Mn As, Se, B, Fe, Mn

As, Cd, Pb, Tl, Be, Al, Mn, Sf

Fe, pH: (onsite: Al, Cl, Mn, Fe, Sf) Fe, pH 

Se, Li

As, Se, Br (Oligochates); Se, Br, Co, Ni, Cr (Fish); 

As, Co, Se, Ni (Sediment)

B, Li, Mn, Sf, Fe B, Li, Mn, Sf, Fe

Se (?), B, Mo, Sf, TDS Sf

Se/fish

Se/fish

As, Pb, Hg, Ba, Sf

As, Se, V, Cr, Mo, B, Cl, Mg, Mn, Ti, Na, Nitr, Sf, 

TDS

Pb, Mn (TDS, Sf)

As, Cd, Se, Pb, B, Al, Mn, Sf, Fe, TDS As, Cd, Se

Pb, As, Cd, Se, Cr, Fe, Sf, Ca, Mg, TDS

Se, Cr, Fe (onsite) As, Pb, Ni, Ag, Zn, Al, Cu, Fe, Mn

Cd, Ba, Pb, TSS, Al, Cl, Fe, Mn, Sf, TDS, pH As, Se, Tl, Cd, Pb, Cr, Sb, B, pH

As, Tl, Cr, Mo, B, Al, Fe, Mn, Sf, TDS As, Tl, Cr, Mo, B, Al, Fe, Mn, Sf, TDS
As, B, Cl, Sf, TDS As, Se, B, Cl, Sf, TDS

As, Ni, Se

Se, Cd, Cr, hg, Al, Cu, Zn, Fe, Sf, pH, TSS

As, Ni As, Ba, Cr, Co, Hg, Ni, Zn, Mn (Soil)

Se, Co, Mn As, Cd, Cr, Pb; As (Sediment); As, Co, Tl, FE (Soil)

Al, Fe, Mn As, Al, Fe, Mn

As, Cr, Pb, Hg, Ni, ag,

Se/fish

Se

Se/fish

Se, V, Sf ?

Al, pH

Cd, Se, Ni, TSS, pH, Thermal

Cd, B, Fe, Mn, Sf (offsite); Cd, Cr, ba, Sf, Mn, Fe 

(onsite)

As, Sf, B, Mn, Fe, Cl

Se, B, Sf

As, Cd, Cu, Cr, Ba, Al, Fe, Zn, Conduct

Mo, B, Mn, As, Hg, Sf, F Cr, As, TCE, diesel

Se, As
Reg Action

State/CO, requiring, among others, a fine and corrective action. 

State/AOC

None. Voluntary closing of cooling lake to fishing. Duke constructed (voluntarily) public water line to homes 

w/affected wells; no enforcement action by the State. Remedial actions in wildlife reserve - voluntary.

State/CO, $1 million penalty; supply of alternative water. Out-of-court settlement of $54 million.

State/CO; lawsuit in Federal court

State/Remedial Action Plan

State: Final closure of the ponds was approved in 2005 and is still under way. 

RI/FS; slurry wall installation

In 2/2010, state proposed (but has not yet issued) a CO. Previous corrective action involved installing hundreds 

of monitoring wells, lining the more recently installed SIs with a rubber-like liners, and the introduction of a 

pump-and-treat system.

State/CO, Fish advisory. State required operating changes to mitigate contamination.

State/Fish advisory; stopped wet handling. The NC DEWQ is requiring long-term monitoring of the lake.

State/NOV, CO (NOV in 2002 for failure to bring the fill area into compliance with an original plan for waste 

placement. A CO, in 2006, included a fine and a requirement to delineate the nature and extent of GW and 

surface water contamination. )

State/AOCs - 1997 and 2008: continue with environmental contaminant characterization activities and for the 

identification of corrective actions and/or clean-up measures for the soil and groundwater at the Site. 

State required remedial action, court order to cease receiving wastes 

State/NOV for excess disposal

State/LF capped by a 2’ clay cap with 6” topsoil cover in 1988. The utility voluntarily monitored groundwater in 

the 1980s, no monitoring is presently required. Post-closure inspections continue.

State/NOV, CO

State/settlement Agreement; several NOV for exceedance of NPDES permits; remedial plan for collection of 

impacted spring water; NOI to sue by citizen groups (5/2012); a CO requiring impact studies, closure of the Little 

Blue Run SI at the end of 2016; and measures to control fugitive dust; 2 NOVs (fugitive dust).

State/COA
State/NOVs: Due to placement of waste outside of the permitted LF 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.

State/CO; slurry wall around old and new SIs; dewatering of old SI and contents' removal towards clean closure; 

extended monitoring well system. Mixing/compliance zone established.

State/Federal: ROD, capping, and institutional control.

None (Utility ia assessing the nature and extent of the contamination associated with the SIs. According to 

DHEC, no offsite monitoring has been required since results in wells near the river have not exceeded drinking 

water standards; these activities are considered to be “informal” actions, and no violations or orders have been 

issued to the owner. Informal state actions have been required, including listing site on GW Contamination 

Inventory (2008) for arsenic from ash basins.

State/CO, Fish advisory; Federal/CERCLA, impact studies

State/Federal: NPL, RI, Remedial Action.

State/Order + penalty

State/Fish advisory; Fish selenium study

State/Fish advisory, fish selenium study. State required operating changes to mitigate contamination.

State/Fish advisory, Fish Se study. State required operating changes to mitigate contamination.

State/CO Federal/NPL

None

None (In its comment to the docket, Virginia DEQ characterizes this incident as a not recent case and a legacy 

issue which is not an accurate picture of VA's current regulatory program.)

State/Admin Order for long-tem groundwater monitoring, closure.

State: Remediation plan, capping, alternative water source to residents.

State: monitoring and site capping 

State/CO

WDNER has been investigating (as of 6/2010) to better establish local background and gradients to determine if 

CCRs are source of exceedances. Collapse cleanup was a multi-agency effort. Containment efforts included 

1,500’ of linear boom on the Lake to contain the debris and fuel. An early January 2012 joint NOAA/Coast Guard 

report established that the ash that ended in the Lake would be so dispersed that it would not have any 

significant environmental impact. However, some long term, sub-lethal impacts on local fish and raptor 

populations cannot be totally ruled out.

State/Compliance Schedule; NOV (2/2009) due to inadequate LF stormwater control resulting in deposition of 

fly ash in adjacent wetland.
Current Status NOV CO/Admin Order Study

Active/modified Y

Inactive Y

Active

Inactive/2007 Y

Some active, some not Y

Inactive/1997

Active

Active (email, Cuthbertson to Livnat, 11/9/2010) Y

Some active, some not Proposed 2/2010, due 

in 2012 (?)

Active/modified Y

Active

Inactive Y Y

Some active, some not Y Y

Inactive/1988

Inactive (Phase I), Active (Phase II) Y

Inactive/1988

Active (Basin 4), Inactive (Basin 1) Y Y

Active Y Y Y

Active Y
Inactive/2007 Y

Some active, some not CO

Some active, some not

Active

Active Y Y

Inactive Y

Active Y

Active Y Y

Active Y Y

Active Y Y

Inactive/1974 Y

Some Active, some not

Inactive

Inactive Y

Inactive/1978

Inactive/1979

Inactive Y

Some Active, some not Y, (Y)*

Active Y
Assmt Monitoring Remedial Action Law Suit

Fish Advisory/

Fishing Ban Provide Drinking Water

Y

Y Y

Y

Y

Y

Y

Y Y Y

Y

Y Y

Y

Y

Y Y Y Y
YY

YY

Y

Y

YYY

Y

YY

Y

Y
Other (Closure)

Fine

None

Penalty; out of court settlement

CERCLA cleanup

Closure

Lining of SIs. Citizens' suit - out of court 

settlement 

State req'd operating changes

State req'd operating changes

Closure

Settlement Agreement (1994); Closure 

required by the end of 2016.
Closure

Closure

None

CERCLA cleanup

NPL

Penalty

State req'd operating changes

State req'd operating changes

NPL

None ('pre-regulatory era')

None

Closure

Closure

Closure

CERCLA cleanup

Compliance schedule
Comments

2002: Sinkhole developed, releasing slurry to creek. 2008: extreme rain event collapsed a dry ash stockpile; 

storm water overwhelmed perimeter ditching in the ash pond and carried ash off of plant property to the 

north to a storm water conveyance and across several adjacent properties where it was deposited in a 

sediment pond. From the sediment pond, some of the ash reached Euharlee Creek. About 40 tons of ash 

was released with about 2 tons of ash reaching Euharlee Creek. About 14 offsite properties in the 

neighborhood were affected. CERCLA cleanup ensued.

Soil: Hexavalent chromium, arsenic. A Superfund Alternative site.

CCR is periodically scooped out of the SIs and sent to an on-site CCR landfill. IDEM considers the SIs to be 

temporary CCR storage areas and not subject to solid waste regulations.

Curtis Pit is slated for closure; protracted history of violations.

2002: Sinkhole developed, releasing slurry to creek. 2008: extreme rain event collapsed a dry ash stockpile; 

storm water overwhelmed perimeter ditching in the ash pond and carried ash off of plant property to the 

north to a storm water conveyance and across several adjacent properties where it was deposited in a 

sediment pond. From the sediment pond, some of the ash reached Euharlee Creek. About 40 tons of ash 

was released with about two tons of ash reaching Euharlee Creek. About 14 offsite properties in the 

neighborhood were affected. CERCLA cleanup ensued.

Leachate migrating off-site in groundwater and reaching two small ponds (no drinking water source 

affected). Note : this site is not included in the 6/15/11 statistic analysis, nor in the interim damage case 

summary tables that are based on ICF's 10/2010 study. For a location map and capacity data (as of the late 

1990s), see: http://www.cis.stclaircounty.org/downloads/04_sw_plan_ii_1_through_30.pdf

Soil: Hexavalent chromium, arsenic. 

EPA-HQ-RCRA-2009-0640-6815, Attach. #5

Curtis Pit is slated for closure; protracted history of violations.

Dike failure
Dike failure

EPA-HQ-RCRA-2009-0640-6815, Attach. # 5

Dike failure. Subsequent actions included closure of the SI and a wastewater treatment plant (1993)

Leachate migrating off-site in GW and reaching 2 small ponds (no drinking water source affected). This site is 

not included in the 6/15/11 statistics.

Elevated GW table

Twelve offsite private wells found exceedances of molybdenum and boron. A consultant to WE determined 

that molybdenum in the private wells was not coming from CCR in the LFs. WE has been supplying (as of 

8/2009) bottled water to several dozen residents in the area without assuming responsibility for the 

contamination. Collapse of old structural fill used for auxiliary facilities landed about 25,000 cubic yards in 

the Lake and in two coastal settlemt ponds. Note : This site, re-categorized from potential to proven damage 

case following the 10/2011 collapse, is included in the 6/15/11 statistical analysis as a potential, rather than a 

proven damage case.

Dike failure; a compliance schedule to meet end-of-pipe chronic toxicity limitations on this discharge in the 

most recent NPDES permit (7/2007).
Facility

TVA Widows Creek Fossil Fuel Plant

TVA Colbert Fossil Fuel Plant

Flint Creek Power Plant, SWEPCO (American Electric Power) 

Independence Steam Station – Entrgy/AP&L

Arizona Public Service Co. Cholla Steam electric Generating Station

Power Montville Generating Station - NRG Energy, 

Indian River Power Plant – NRG Energy, Burton Island

Florida Power & Light Lansing Smith Plant

CD McIntosh Jr. Power Plant – City of Lakeland

Curtis Stanton Energy Center, Orlando Utility Commission

Seminole Generating Station – Seminole Electric Cooperative

Big Bend Station – Tampa Electric Co. 

Muscatine Co. LF

George Neal Station North Landfill - MidAmerican Energy

George Neal Station South Ash Monofill - MidAmerican Energy,

Commonwealth Edison Powerton Plant – Mahoney LF

Ameren (formerly: Central Illinois Light Co.) Duck Creek Station

Dynegy Midwest (formerly: Illinois Power Co. Hennepin Power Station

Dynegy Midwest (formerly: Illinois Power Co.) Havanna Power Plant

Dynegy Midwest (formerly: Illinois Power) Vermillion Power Station

Ameren (formerly: Central Illinois Public Service Co.) Hutsonville Power Station

Dynegy Midwest (formerly: Illinois Power Co.) Wood River Power Station
Ameren Coffeen/White & Brewer Trucking Fly Ash LF

Venice Power Station – Union Electric/Ameren/AmerenUE

Joliet Generating Station 9 – Lincoln Stone Quarry Landfill - Midwest Generation

Marion Plant - Southern Illinois Power Cooperative

NiSource (formerly: NIPSCO) Michigan City Site

NiSource (formerly: NIPSCO) Bailly Generating Station

R.M. Schafer Generation Station

Southern Indiana Gas & Electric Co. A.B. Brown Generating Station

Indiana Power & Light Petersburg Generating Station

Hoosier Energy Merom Generating Station CCW LF

Clifty Creek Station, Indiana-Kentucky Electric Corporation

Cinergy East Bend Scrubber Sludge LF

Mill Creek Station – Louisville Gas &Electric

Shawnee Fossil Plant - TVA

Spurlock Power Station - Eastern Kentucky Power Cooperative
Big Cajun 2 Power Plant – NRG/Louisiana Generating

Dolet Hills Power Station - CLECO Power

Rodemacher Power Station - CLECO Power

K.R. Rezendes South Main St Ash LF, PG&E (compare with CCW DC Ass #72, 'Copicut Road', and footnotes #135 and #141 

therein)

Mirant Dickerson’s Generation Station’s Westland Disposal Site

Brandywine Coal Ash LF – Mirant Mid-American 

Marquette Board of Light & Power Pine Hill

We Energies Presque Isle Power Plant

Muskegon County Type II LF

John Warden Ash Site

Consumers Energy J.H. Campbell

Consumers Energy BC Cobb

Karn/Weadock Generating Facility – Consumer Energy

Xcel Energy/Southern Minnesota Municipal Power Agency (Sherco) Generating Plant

Duke Power Allen Steam Generating Plant

Dan River Steam Station - Duke Energy

Sutton Steam Plant – Progress Energy

Lee Steam Plant – Progress Energy

Cape Fear Steam Plant – Progress Energy

Belews Creek Steam Station, Duke Energy

Asheville Steam Electric Plant, Progress Energy

Basin Electric, W.J. Neal Plant

Great River Energy Coal Creek Station
Montana-Dakota Utilities R.M. Heskett Station

Leland Olds Station - Basin Electric Power Cooperative

Sheldon Station – Nebraska Public Power District

AES Creative Resources Weber Ash Disposal Site

Central Hudson Gas & Electric Corp. Danskammer Waste Management Facility, , NY

C.R. Huntley Flyash LF

Cincinnati Gas & Electric Co. Miamiview LF

Cinergy W.C. Beckjord Station

Cardinal Fly Ash Reservoir (FAR) 1 & 2 – AEP

General James M. Gavin Power Plant – AEP/Ohio Power

Muskingum River Plant – AEP/Ohio Power

Northeastern Station Ash LF, AEP/Public Service Co. of Okla

Mitchell Power Station, Allegheny Energy

Phillips Power Plant – Duquesne Light Co.

Seward Generating Station – RRI Energy, Inc.,

Hunlock Power Station – UGI Development Co.

Portland Generating Station’s Bangor Quarry Ash Disposal Site – RRI Energy, Inc
Wateree Station – South Carolina Elctric & Gas

Grainger Generating Station South Carolina Public Service Authority 

TVA Bull Run Steam Plant,

Cumberland Steam Plant – TVA

Gallatin Fossil Plant – TVA

Johnsonville Fossil Plant – TVA

John Sevier Fossil Plant – TVA

Fayette Power Project (Sam Seymour) – Lower Colorado River Authority

Dominion Virginia Power’s Battlefield Golf Course

Dewey Ash Landfill (Wisconsin Power & Light/ Alliant Nelson)

WEPCO Port Washington Facility/Druecker Quarry Fly Ash Site

Wisconsin Power and Light Alliant (WP&L) Rock River Ash Disposal Facility

(Wisconsin Power and Light Co.) Alliant Edgewater 1-4 Ash Disposal site

Wisconsin Power Supply Co. (WEPSCO) Pulliam ash Disposal Site

Dairyland Power Alma Cooperative On-site Fly Ash LF

Dairyland Power Cooperative Alma Off-site Fly Ash LF
Oak Creek Power Plant – Wisconsin Energy/Wisconsin Electric Power (Caledonia): SEE #38 UNDER PROVEN

PacifiCorp Energy’s Dave Johnston Power Plant, WY

Note: (Y)*: plan submitted for future action, or ongoing.
Location State Key Reference(s)

Stevenson AL CCW DC Ass #32

Colbert County AL CCW DC Ass #33

Gentry AR In Harm's Way #1

Newark AR In Harm's Way #2

Joseph County AZ CCW DC Ass #67

Montville CT In Harm's Way #3

Millsboro DE Out of Control #1

Bay County FL CCW DC Ass #36

Lakeland FL In Harm's Way #4

Orlando FL Out of Control #2

Palatka FL Out of Control #3

Apollo Beach FL Out of Control #4

IA CCW DC Ass #64

Sergeant Bluff/Sioux City IA In Harm's Way #5

Salix IA In Harm's Way #6

Pekin, Tazewell Co. IL CCW DC Ass #40

Canton IL CCW DC Ass #47

Hennepin IL CCW DC Ass #48

Havanna IL CCW DC Ass #49

Oakwood IL CCW DC Ass #52

Hutsonville IL CCW DC Ass #53

Alton IL CCW DC Ass #54
Coffeen, Montgomery County IL CCW DC Ass #56

Venice IL In Harm's Way #10

Joliet IL In Harm's Way #8

Marion IL In Harm's Way #9

Michigan City IN CCW DC Ass #43

Chesterton IN CCW DC Ass #44

IN CCW DC Ass #55

IN CCW DC Ass #57

IN CCW DC Ass #59

IN CCW DC Ass #60

Madison IN Out of Control #7

Rabbit Hash KY CCW DC Ass #35

Louisville KY In Harm's Way #11

Paducah KY In Harm's way #12

Maysville KY In Harm's Way #13
New Roads LA In Harm's Way #14

Mansfield LA In Harm's Way #15

Lena LA In Harm's Way #16

Freetown MA CCW DC Ass #25

Dickerson, Montgomery County MD BNA, 1/5/2011

Brandywine, Prince George's County MD Out of Control #8

Marquette MI EPA-HQ-RCRA-2009-0640-6815, Attach #5

Marquette MI EPA-HQ-RCRA-2009-0640-6815, Attach #5

Muskegon Co. MI EPA-HQ-RCRA-2009-0640-6815, Attach #5

Baraga MI EPA-HQ-RCRA-2009-0640-6815, Attach #5

MI EPA-HQ-RCRA-2009-0640-6815, Attach #5

MI EPA-HQ-RCRA-2009-0640-6815, Attach #5

Saginaw MI Out of Control #9

Becker, Sherburne Co. MN CCW DC Ass #41

Belmont NC CCW DC Ass #34

Eden NC In Harm's Way #18

Wilmington NC Out of Control #11

Goldsboro NC Out of Control #12

Moncure NC Out of Control #13

Belews Creek NC Out of Control #15

Arden NC Out of Control #16

Velva ND CCW DC Ass #23

Underwood ND CCW DC Ass #24
ND CCW DC Ass #66

Stanton ND In Harm's Way #20

Hallam NE In Harm's Way #21

NY CCW DC Ass #27

Newburgh NY CCW DC Ass #28

Tonawanda NY CCW DC Ass #29

OH CCW DC Ass #58

New Richmond OH CCW DC Ass #61

Brilliant OH In Harm's Way #23

Cheshire OH In Harm's Way #24

Beverly OH In Harm's way #26

Oologah OK In Harm's Way #27

Courtney PA Out of Control #19

Crescent Township PA Out of Control #20

New Florence PA Out of Control #21

Hunlock Creek PA Out of Control #23

Bangor, Northapmton County PA Out of Control #24
Eastover, Richland County SC Out of Control #25

Conway SC Out of Control #27

Oak Ridge TN CCW DC Ass #31

Cumberland City TN In Harm's Way #32

Gallatin TN In Harm's Way #33

New Johnsonville TN In Harm's Way #34

Rogersville TN Out of Control #28

Le Grange, Fayette County TX In Harm's Way #35

Chesapeake VA CCR Proposed Rule, 6/2010

Cassville, Grant County WI CCW DC Ass #15

WI CCW DC Ass #17

Rock County WI CCW DC Ass #42

Sheboygan WI CCW DC Ass #45

Green Bay WI CCW DC Ass #46

Grant County WI CCW DC Ass #50

Belvidere, Buffalo County WI CCW DC Ass #51
Oak Creek WI In Harm's Way #39

Glenrock WY CCW DC Ass #65
WU Type Liner

SIs 3: No

2 SIs & 2 LFs SIs: Clay LFs: ?

LF & 2 SIs LF: No

LF; 3 wastewater recycle & surge ponds No

2 SIs and 2 ash contact wastewater ponds (Zero 

discharge facility)

2 SIs: No

SIs; Ash storage area No

SI & LF SI: No; LF-I: No

SI No

2 LFs; Sludge dewatering area, process wastewater 

ponds; artificial wetland (?)

LF: No

LF; 3 Ruoff Ponds Yes

LF; 5 Ruoff and process Ponds LF: Yes; 3 SIs: Some Yes

LF, 4 SI, FGD storage Area LF – Yes; FGD Storage Area: No; SIs: ?

2 LFs 2: No

LF & 3 SIs LF: No; SIs: No

LF ?

LF Poz-O-Pac (ash w/lime)

SI No

SIs 2: No

2 SIs 1: No

2 SIs No

SI No

SI No
LF No

3 SIs No

LF in former quarry; 2 SIs No

1 LF; 7 SIs LF: No; 6 SIs: No; 1 SI: Yes

2 SIs 2: No

2 SIs, 2 LFs 2 LFs and 2 SIs: No

LF No

LF No

LF No

2 LFs Area 1: No; Area 2A: Clay

LF & SI (Boiler slag) No

SIs; LF 3 SIs: No LF:?

3 LFs; 1 Ash SI; 4 FGD process ponds 2 LFs: No; 1 LF: Yes; Ash SIs: No; FGD ponds: ?

2 LFs & 2 SIs LFs: No; SIs: No

LF & SI LF (1996 expansion): 2' compressed clay; SIs: ?
5 SIs & Surge treatment ponds 3 SIs: clay; 2 SIs: ?

1 LF & 9 SIs LF: ?; 2 ash ponds: clay; 7 SIs: ?

1 LF; 1 leach pond; 2 ash SIs; 4 other ponds 2 ash ponds: clay; 5 leach & wastewater ponds: 60-mil 

HDPE

S&G Pit; structural fill No

1 LF; 4(?) ash settling and leachate treatment 

ponds

 'Inadequately lined'

LF, 4- leachate ponds, wastewater ponds LF: No – all but one pit (Composite liner since 2007); 

Ponds: Yes

LF No

LF No

LF No

LF No

SI No?

LF No

2 SIs No

4 SIs, 1 LF, recycling basin 2 SIs: Clay

SIs 2: No

2 SIs & LF No

2 SIs 1972: No; 1982: Clay

SI No

5 SIs (one of which is active) No

3 LFs & 1 SI 3 LFs: geosynthetic; SI: No

2 SIs (one of which serves as a constructed 

wetland)

2 SIs: No

SI No

SIs and ash contact evaporation ponds (Zero 

discharge facility)

2: Yes
LF/Ash Pile No

5 SIs SIs 1-3: No; SIs 4-5: Probably No

 1 LF (closed) No

LF & SI 20 mil PVC/leach collect

LF No

4 LFs 4 Closed: No Phase II: Yes 

S&G Pit Clay

SI No

LF (FGD) & 2 SIs LF: Synthetic; SIs: No

6 LFs & 2 SIs LFs: Composite; SI: Geosynthetic

SI No

LF No

LF; 2 Wastewater lagoons LF: No; 2 wastewater lagoons: compacted 

soil/bottom ash

LF (FGD); 2 SIs LF: Yes? Leachate collection; SIs: No

2 unpermitted LFs; Co-disposal coal ash/coal refuse 

pit

No

2 SIs Partial, in situ clay

LF in a quarry; Stormwater sedimentation & 

leachate collection ponds

60-mil LLDPE geomembrane over 6" fly ash sub base.
2 SIs in former S&G open pit in river bed; 

additional, non-implicated WUs

No

2 SIs No

3 SIs No

2 SIs (one of which is active) & Ash stack SIs: No

3 SIs No

2 SIs & 1 LF 1 SI: Clay; 2 SIs: No; LF: no

1 SI converted into dry stacking; 1 SI No

2 SIs & 1 LF (FGD) SIs: Clay; LF: ?

Structural Fill No

2 SIs, 1 LF No

S&G Pit No

SIs (ash disposal area and 4 settling basins); LF 

(closed?)

No

4 SIs No

LF No

SI No

SI, converted into LF Clay
3 LFs, 1 (inactive) structural fill 2 Inactive LFs: No; Active LF: Clay (Phase I); Composite 

w/leachate collection (Phase II)

3 LFs 3: No
Year Started Year Damage Noted Failure Mode

1950 Early 1990s GW

SI: 1972 LF: 1984 ? GW

1978 GW: 1994; SW: 1996 GW & SW

1983 Early 1990s GW

1978 Pre-1999 GW

1919 SW: Late 1960s GW & SW; Soil

1957; 1980 2005 GW, SW, Sediments, Ecologic (?), 

Fugitive Dust (?)

1965 Pre-1985 GW

1981 1997 GW

1981 2003 GW & SW

1984 2004 GW & SW

1968 2000 GW & SW; damaged vegetation

1964; 1975 Pre-1987 GW

LF: 1978; 2 SIs: 1972; 1 SI: 1975 2001 GW (LF)

Early 1980s 2000 GW

1972 Pre-1985 GW & SW

1976 1999 GW

1952; 1958 1989 GW

1947 1989 GW

1989 Pre-2000 GW

1968 2000 GW

1978 1989 GW
1977 or earlier GW: 1984; SW: 1995 GW & SW; stressed vegetation

1950s 1995 GW

1962 1994 GW

1963 1994 GW & SW

1974 Pre-1982 GW

1962-1970s 1976 GW, SW; Ecologic (?) (stressed 

vegetation)

1984 Pre-1993 GW

1979 Pre-1987 GW

1976 1997 GW

1982; 1994 1987; 1990 GW & SW; Fugitive Dust

SI: 1955; LF: 1991 2002 GW

1980 1981 GW

1972 1994 GW

SIs: 1950s and 1971; LF: 1984 1980s GW & SW

LF: 1982; SI: 1976 2005 GW
1980 1989 GW

1986 1992 GW

SIs: 1982; Leach pond: 2009 1983 GW

1976 2001 GW

1959; 1962 2010 (?) GW & SW

1970; 1971 2002 GW & SW; Fugitive Dust (?)

1985 ? GW

1979 ? GW

1980 ? GW

1974 ? GW & SW

1962 ? GW & SW/Potential for ecologic damage

1970 ? GW

1959; 1961 1982 GW

1975 Pre-1985 GW

1957; 1973 1985 GW

LF: 1949; SIs: 1956 & 1976 1993 GW

1972; 1982 2006 GW

1951 2007 GW

1956; 1963; 1970; 1978; 1985 2007 GW

LFs: 1974, 2007, 2008; SI: 1974 2005 GW & SW

1964; 1982 2007 GW

1950s 1982 GW & SW; Sediments

1978; 1979 1979 GW
1954 1998 GW

1966; 1975 (2); 1985; unspecified date 1985 GW & SW

1989 1999 GW

1978-80 1991 GW

1959 ? GW

Early 1970s ? GW, SW

1983 1994 GW

1956 1985 GW

SIs: 1973 & 1987; LF: Post-2000 1993 GW & SW

SIs: 1974; LFs: 1994, 1996, 1998 1994 GW & SW; Ecologic

1968 2005 GW & SW

1978 2008 GW

1963 1998 GW Fugitive Dust

1969 SIs: Late 1980s; LF: mid-1990s GW

1954 2004 GW & SW

1959 2000 GW & SW; Soil

Pre-1995 GW: 2001; SW: 2006 GW & SW
1970 1997 GW & SW; Potential ecologic damage 

(arsenic in fish)

1966 & 1977 1996 GW

1965 1974 GW, SW

1969 2008 GW

1959 2008 GW

1952 1986 GW & SW

1955; 1979 ? GW & SW; Dam Failure (1973)

SIs: 1979 & 1988; LF: ? 2005 GW

2002-2007 2008 GW & SW

Early 1960s 1986 GW

1948 1990s or earlier GW

1954 1976-1977 GW

1969 (2), 1977 (2), 1985 (2) 1980s GW

1971 1994 GW

1947 1975 GW

1983 1991 GW
1969, 1976 2002 or earlier GW, SW

Late 1960s; 1988 Pre-1985 GW, SW
COCs/GW COCs/SW

Pb, Cd, Cr

Sf, Cr, Se, Cd, Al, Fe, Sb, As, Cr, Pb, B, 

Mn, Mo, Nitrate. 

Se, Fe, Mn, As, B, Mo, pH, Sulfate, TDS Ba, B, Cr, Pb, Se, Sf, TDS, pH

As, Cd, Pb, Fe, Mn, Sf, TDS, pH

Sf, Cl, F, TDS

As, Be, Pb, Mn, pH Cd, Cu, Ni, Zn, As, Be, Fe, Sf, TDS; 

As, Be, Pb (Soils)

As, Se, Cr, Tl SW: Al, As, Ba, Fe; Sediments: As, 

Cd, Cr, Cu, Pb, Hg, Ni, Zn 

Cd, Cr, F, Cl, Sf, Mn, Fe

As, Pb, Se, Mn, Cd, V, Fe, Sf, Nitr, TDS

Gross Alpha, Ra-226, Al, Fe, Mn, V, Cl, 

Na, Sf, TDS, pH

Al, Na, Cl, Sf, Gross Alpha

As, Pb, B, Fe, Cl, Sf, TDS As, B, Al

As, Tl, Mn, Sf, Cl B, Fe, TSS

Se, Sf

As, Fe, Mn, Sf 

As, Fe, Mn, Sf, Ba, Se, Zn 

Pb, Fe, Mn, Ca, Nitr, Sf Pb, Fe, Mn, Ca, Nitr, Sf

Mn, Fe, Cl, Sf, TDS

Fe, Mn, B, Sf, TDS

Mn, B, Sf

Sf, TDS

Mn, B, Sf, TDS

Mn, Fe, B, Cl, Sf, TDS
Cd, Ni, Tl, Mn, Fe, B, Ba, Sf, TDS B, Sulfate, Ni, TDS, Mn, Fe, Zn, Cr

As, Cd, Fe, Mn, B, TDS

As, Se, Cd, Ba, Cu, B, Mo, Sf, Ammon, 

TDS, pH

Cd, Fe, Sf, B Al, B

As, Pb(?)

As, Pb, (Cd?), Al, B, Mn, Mo SW: B, Mn; Sediment/Soil: Cd, As, 

Se, B, Mo, Al, Cr 

Fe, Mn, Mo, B, Sf, Cl, Na

Al, Sf, Cl, TDS, pH

Sf, TDS

Ba, Cr, Cd, Pb, Sf, Cl SW: Se

B, Mn, Fe, Sf

Fe, Sf, TDS

As, Sf, TDS

As, Se, Cr, Pb, Be, Co, Ni, Mo, V, 

Sulfate, TDS, B, pH 

Reddish Leachate

As, Sf, TDS
Se, Ca, TDS

As, Pb, Se, Sf, Ca, TDS, pH, Alkalin, Sp. 

Conduct.

As, Pb, Cl, TDS, pH, Sf, Sp. Conduct.

Se, Sf, Mn, Fe, Al, TDS

Al, As, Ba, Cd, Cr, Co, Cu, Fe, Pb, Mg, 

Mn, Ni, Se, Zn, Cl, Sf 

Al, As, Ba, Cd, Cr, Co, Cu, Fe, Pb, 

Mg, Mn, Ni, Se, Zn, Cl, Sf, pH, TSS 

Cd, Fe, Al, Mn, Sf, Cl, TDS Cd, Pb, Se

B, Li, Na

B, Li, Na

B, Mn

B, Li

Se, B, Li, Sb Se, B, Li, Sb

B, Li

As, B, (Hg, Li)

As, Cd, Cr, F, Pb, Cu, Fe, Mn, Zn, Cl, Sf, 

Nitr

Mn, Fe, B, pH

Pb, Cr, Ag, Fe, Sf

As, Fe, Mn, B

As, B, Mn, Fe, pH

Pb, B, Cr, Fe, Mn, Sf

Pb, As, Se, B, Mn, pH, Sf, Nitr B, Fe, Mn, Sf, TDS

Fe, Mn, B, pH (Cr, Pb, As, TDS)

Cd, Pb, Zn, Al, As, Cr

As, Se, Sf, B, Fe, Na, Cl, TDS
Se, B, Mn, Sf

As, Pb, Se, B, TDS (Se, B)

Se, Sf, Cl

Sf, Mn, Fe, Al, TDS, pH

As, Se, Fe, Mg, Mn, Na, B, Sf, Sulf, TDS, 

pH

As, Fe, Mn, Sf, TDS Fe, TSS

Mn, Sf

Se, Sf

As, B, Mo As, Mo

As, Ba, Cd, Pb, Mn, Mo, Gross Alpha, 

Cl, TDS

B, Al, Ni, Zn

Ba, Fe, Sf, Gross Alpha, TDS As, Ba, Hg, Sf

As, Ba, Cr, Pb, Se, Tl, V, Sf, pH

As, B, Mo, Ni, Mn, Fe

Al, Mn, Cl, F, TDS

Sb, As, Cd, Cr, Pb, Se, Al, Fe, Mn, Ni, 

Zn, Cl, Sf, TDS

Al, Ni, Zn, Fe, Mn, pH

As, Fe, Mn, Li, Ba, B SW: As; Soil: As, Se 

Al, Mn, Fe, F, Sf, TDS Cr +6, Se, Cd, B
As (Cr, Cd, Pb) As

As, pH

Sf, Al, Ca, Fe, As, B, Mn, Mo Sf, Al, Ca, Fe

As, Se, B, Al, Fe, Mn, Cl, Sf, TDS

Cd, Hg, Be, B, Ni, Co, V, Fe, Mn, Sf, 

TDS 

As, Cd, Pb, B, Mo, Al, Fe, Mn, Sf, TDS, 

Co

Mn, Fe, Al

Cd, Al, Mn, Sf Cd, As, Mn

Se, Co, Mo, Al, V, Mn, Sf, Cl, TDS

As, Cr, Pb, V, Cu, B Tl, Cr, Pb, Al, Fe, Mn

As, Se, B, Mn, Sf, F, TDS, pH

Se, B

As, Hg, Fe, Sf, B, Ba, Al, TDS

As, B, Fe, Sf, Cl, TDS

B, Mn, Fe, Sf, TDS

Mn, B, Sf, pH

Cd, Cr, Mn, Fe, B, Sf, TDS, 

conductance
Mo, B, Mn, As, Hg, Sf, F As, Cr, TCE, diesel 

Cd, Mn, Sf, B
Reg Action

None. CO recommended; No Administrative Action was taken by the state; no remediation was 

performed because contamination in an up-gradient well was attributed to an off-site source.

Sinkhole treated and capped.

ADEQ ordered assessment monitoring (2005) due to statistically significant increase in selenium, 

sulfate and TDS. Notice of Deficiency (NOD) in 2008. 

None. Since no primary MCL exceedances noted in the recent years, the state has not responded 

because it does not enforce SMCLs.

None

USEPA made final determination that migration of contaminated groundwater is under control 

(2000).

CO for RI and remediation of the Burton Island (SI) area; New LF (II) permit granted while 

presumably incompatible with several State regulations

None; impact restricted to ZOD

FDEP issued a Consent Order (2001) because of impacts to groundwater and required additional onsite monitoring and about $180,000 in civil penalties.

State required upgrades, additional monitoring of LF, determination of waste type. EIP claims that 

OUC has not fully addressed FDEP’s requests.

State required Interim Remedial Action Plan (groundwater capture system and remedial 

monitoring) 

CO; A Remedial Action Plan and groundwater monitoring plan; closure 

of a SI impacting vegetation 

Capping and seeding; groundwater monitoring/study. No further state remediation action.

IDNR requested MidAmerican to provide more evidence for their claim that arsenic contamination 

comes from an offsite source. Issue is still under consideration.

IDNR requested (2005) that future groundwater reports from MidAmerican discuss potential for 

groundwater mounding under the LF, evaluate if listed wells are truly ”upgradient,” discuss 

potential for migration and possible receptors. The Utility’s 2008 groundwater report did not 

address these questions.

?

Closure of unlined SIs, including dewatering; overhaul of monitoring well system. Remedial action 

under development.

CO by State. Old SI closed in 1996, replaced with a lined SI.

Consent Order; Closing by State/2009.

Study; groundwater monitoring program.

CO to close unlined SI and replace w/2 synthetically-lined SIs. Groundwater program in effect.

CO (switched to dry handling; groundwater monitor program). An approved GMZ.
Leaking cells capped; groundwater monitor in effect. A 5/1995 memo documents areas of dead 

grass on-site, due to groundwater seepage; and a 7/1996 memo discusses IEPA’s recognition of 

contamination to groundwater as a result of ash disposal operations at the site. 

None, but proposed closure of the SIs through capping and a GMZ.

IEPA issued a NOV (8/2009) for ”failure to operate a leachate collection and management system 

that assures the protection of Class I potable resource groundwater”, identifying 50 exceedances 

of groundwater standards in 10 wells. IEPA approved a corrective action of pumping wells in the SE 

area in 2009; the power plant implemented the corrective action in 2010; in 2011 IEPA approved 

an expanded corrective action along the southern boundary along with a GMZ. The GMZ in the SE 

corner of the facility is limited to the area of contamination. The corrective action has two-fold 

purpose: to control the source (and reintroduce an inward gradient required by the IPCB) and to 

mitigate impacts in the south of the LF.

IEPA asked the Utility for and approved a “hydrogeologic assessment plan” to determine the 

source and extent of elevated Fe and Cd contamination at the site, including an upgrade and 

extension of the monitoring well system. 

Located on highly permeable sands on the shore of Lake Michigan, w/GW flow towards the Lake. 

Steel slurry wall down-flow from the disposal site.

RCRA EPA Corrective Action, monitoring wells, Baseline Ecologic Risk Assessment; NIPSCO required 

to investigate whether contamination from the site is affecting soil, groundwater, or Lake 

Michigan.

Original unlined cells capped; switched to dry handling; groundwater monitoring in effect.

A slurry wall was installed in the NE corner of the original LF in late 1987. Leaking cells capped; 

groundwater monitor in effect.

None

State: Corrective Action and groundwater monitor for groundwater impacts. (Federal: Consent 

Decree for emission violations)

Assessment Monitoring. IDEM claims that the parameters that are detected in the monitoring 

program are reflective of the active total chemistry of the formation, including levels of 

manganese, magnesium, and iron that exceed secondary MCLs in some cases.

Extended monitoring, groundwater studies and a Risk Assessment.

KY has discretion, under 401 KAR 45:160 Sect.1, to require or not require a groundwater corrective 

action. The O/O is currently not required to perform a corrective action. Assessment monitoring 

for sulfate is currently required.

A groundwater assessment was performed at the site in the 1980s; no KDWM enforcement action 

since. KDWM permitted (in 2007) the expansion of the LFs without a liner (as “special waste 

landfills”), over old, unlined ash ponds.

EKPC has been directed by the KDWM to conduct an assessment in wells MW-2A & MW-3A, to 

determine the cause of the detection of arsenic in MW-3 at a concentration exceeding the permit 

limit . The Commonwealth of Kentucky did require a Remedial Action Plan under its regulations 

and, as noted above, the plan has been approved and the cooperative has implemented it. 
LDEQ issued a Notice of Deficiency (NOD) during permit renewal regarding inadequacy of 

monitoring well system and required that 10 additional downgradient wells be installed. No other 

regulatory corrective action or administrative ruling. 

LDEQ required (2008) on-site assessment monitoring.

LDEQ required (2008) on-site assessment monitoring.

CO, a partial cap.

MDE filed notices of intent to sue Mirant Mid-Atlantic LLC in federal court (1/2011) for alleged 

water pollution violations.

In 4/2010, MDE filed suit in federal court maintaining that the disposal site was leaching pollutants 

in violation of the CWA and state law

?

?

?

?

?

?

Consent Decree requires slurry walls to be built to stop leakage, and monitoring of 

groundwater/surface water interface. Due to the ongoing site investigation, and the determination 

that the water under the SIs has been determined to be GW not in an aquifer, the DNRE has not 

listed this site as a proven damage case at this time. 

None(?); not clear whether the capping/closing and active dewatering of Pond #1 are in response 

to state requirements.

None: NC DENR does not require groundwater monitoring; has no record of groundwater 

monitoring; no indication that violations or enforcement actions occurred. 

State will not require action until contamination is outside the ”compliance boundary.” Additional 

GW monitoring wells were installed at the Compliance Boundary in 2/2011, and DWQ is evaluating 

GW monitoring data to determine if any additional action is required 

A NOV (1987) and request for corrective action; a CO (2004) was terminated by the company 

(2007) following a "Site Reassessment Report" by NCDENR which recommended the site be redesignated as "No Further Remedial Action Planned".

None. NC DENR has not required any corrective action: DWQ has sent a letter to PE, directing them 

to place wells at their Compliance Boundaries. 

None. NC DENR has not required any corrective action: DWQ has sent a letter to PE, directing them 

to place wells at their Compliance Boundaries. 

Groundwater Corrective Action Plan and Closure of the Pine Hall Road LF, but not for the other two 

LFs. DWQ has sent a letter to PE, directing them to place wells at their Compliance Boundaries. 

Detection monitoring at all the 3 LFs 'is moving toward assessment monitoring'.

None. DWQ has sent a letter to PE, directing them to place wells at their Compliance Boundaries. 

State issued a special use disposal permit to allow disposal to continue, but required continued 

monitoring and site closure. 

State required relining of SIs in 1990; groundwater monitoring in effect. 
State required corrective action: site capped and closed; groundwater monitoring in effect.

None

NDEQ required the Utility to install additional wells and extended post-closure groundwater 

monitoring period from 10 to 15 years due to evidence of contamination. In December 2010 

additional wells were installed in the down gradient direction from the LF. The facility will conduct 

six semi-annual sampling events of all groundwater monitoring wells around the facility and 

perform statistical analysis of these results.

CO. Closed and capped; groundwater monitoring in operation.

Corrective Measure Assessment.

In 7/2006, State Administrative Penalty Order ($500) for oil leak in discharge.

Closed and capped.

Groundwater investigation and remediation oerformed, monitor wells in effect. Ohio EPA 

encouraged the facility to install an interceptor well, but there was no formal compliance action. 

The one public water supply well that was located on site has been abandoned. Remediation has 

been performed. 

The OH EPA placed (2004) four Groundwater monitoring wells under “assessment monitoring” due 

to evidence of CCR contamination.

OH EPA required assessment monitoring onsite to determine extent and rate of contamination and 

to address the contamination.

OH EPA mandated AEP (2004) to implement a groundwater monitoring plan and install 15 

Groundwater monitoring wells, four groundwater elevation monitoring wells, and five 

piezometers. However, OH EPA does not support the conclusion that the Power plant has 

demonstrated an indication of an impact on groundwater quality.

ODEQ required AEP (9/2007) to establish a groundwater monitoring program at the LF (26 wells). 

Concerned about the karstic milieu and the proximity to the Verdigris River, ODEQ required further 

investigation and possible remedial action.

None (State law does not require state response to onsite exceedances of secondary MCLs); NOV 

for fugitive dust.

Consent Order and Agreement was signed in 1990 providing several options to remediate 

contamination source; included $50,000 penalty for discharge violations.

CO (1982) for closing of unpermitted pits and $308,000 fine for violating SWM Act. COA (2000); 

several COAs to cease discharge from coal ash/coal refuse pit.

PADEP ordered groundwater assessment (2008) to delineate source and extent of contamination. 

As of early in 2010, PADEP was assessing monitoring data for well network adequacy to determine 

the scope of abatement necessary under closure.

None (State law does not require state response for onsite exceedances of secondary MCLs). 

PADEP states that the exceedances in the surface water are also present in the up-gradient surface 

water sample. Unless demonstrated that the intermediate and down-gradient surface water 

samples show change in parameter concentration that are indicative of impact from the site, no 

action would be initiated against the facility.
CO (2001) in response to monitoring well violations of arsenic seeping from the SIs. It established a 

Groundwater Mixing Zone, with waivers for arsenic (3000 ppb), sulfate, lead, chromium, and 

cadmium. On 10/14/2011, SCE&G signed a private, legally non-binding Memorandum of 

Agreement (MOA) with DHEC. The MOA sets out an anticipated timeline in which SCE&G would 

transition to dry handling of fly ash by 12/31/2011; transition to dry handling of bottom ash by 

12/31/2012; and complete its removal of ash from the SIs by 1/1/2022. 

SC DHEC required a proposal (2009) for stabilizing arsenic exceedances in three monitoring wells or 

a corrective action plan. DHEC also indicated that no remediation of the SIs is being conducted, 

that ongoing assessment activities are “informal,” and no violations or orders have been issued to 

the site owner. 

None, assuming dilution by the Clinch River. NOV for fugitive dust.

None. Apparently, state law does not require a response to onsite exceedances.

Groundwater Assessment Plan in place since 4/2011.

None. Both New Johnsonville and the City of Camden intake their municipal water supplies from 

the Tennessee River near the power plant’s outfalls. Despite evidence of surface water quality 

impacts from the power plant’s CCR disposal, the state has not required the power plant to limit its 

discharge, monitor CCR disposal areas more frequently, or take any corrective action. The power 

plant quit monitoring in 1994.

None. Apparently, state law does not require a response to onsite exceedances.

TCEQ required (2005) a selenium assessment at one of the SIs as the likely source of selenium; 

investigations remain underway. Assessment monitoring, capping/closure of leaking SI, and 

notification of residents in adjacent properties.

In response to the City of Chesapeake’s request, EPA conduct site inspection under CERCLA. 

Dominion Power undertook installing public water to the two closest communities. Lawsuit 

brought by citizens against the power plant and the gulf course owners. Dominion claims that the 

two lawsuits alleging groundwater contamination filed by residents of the neighboring community 

were dismissed by the Court based on the lack of factual or scientific support. 

The State required an investigation of groundwater contamination, capping and closing.

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

sulfate exceedances was purchased by the utility and retired.

Landfill was capped in 2007, included 2’ of soil with 6” topsoil cover. Remediation has been 

performed, and a groundwater monitoring program is in effect (producing biennial groundwater 

reports).

State required upgrade of groundwater monitoring, studies, and remediation.

State required upgrade of GW monitoring and studies.

AOC; requirement for additional monitoring wells; ultimately-site closure, now under post-closure 

monitoring.

Analysis of LF performance, better liner and mitigation study.
WDNER has been investigating (as of 6/2010) to better establish local background and gradients to 

determine if CCRs are source of exceedances.

No Information on State response. Studies indicate that cadmium and manganese are naturally 

occurring.
Current Status

Active

Some Active, some not

Active

Active

Active

Inactive

Some Active, some not

Active

Active

Active

Active

Some Active, some not

Some Active, some not

Some Active, some not

Active

Inactive/1982

Some Active, some not

Some Active, some not

Some Active, some not

Active

Some Active, some not

Active/ modified
Inactive

Inactive

Active

Active

Active

LFs: Inactive (1976, 1986); SIs: Active

Active/ modified

Some Active, some not

Active

Some Active, some not

Active

Active

Active

Some Active, some not

Active
Active

Active

Active

Inactive 2001

Active

Active

Inactive 1995

Inactive 1993

Inactive 2001

Inactive 1993

Inactive 1998

Inactive 1982

Active

Some Active, some not.

Some Active, some not

Some Active, some not

Active

Active

Some Active, some not

Some Active, some not

Active

Inactive 2000

Active
Inactive

Some Active, some not

Some Active, some not

Inactive 2001

Active

Some Active, some not

Inactive

Active/ modified

Some Active, some not

Some Active, some not

Active

Active

Active

Inactive; early and late-1990s

Inactive

Inactive

Active
Active

Active

Active

Some Active, some not

Some Active, some not

Some Active, some not

Active

Active

Inactive

Inactive 2001

Inactive 1971

Active

Active

Inactive 1986

Inactive

Some Active, some not
Some Active, some not

Some Active, some not
Comments

Landfill is a stacking operation; two sinkhole collapses induced switch to dry handling. Operational change 

(abandonment of sinkhole-prone WUs).

The landfill permit issued in 2002 required that GW samples be collected to monitor 28 heavy metal and indicator 

parameters, and that statistical analyses of increases in concentrations should serve as a basis for corrective actions. 

AP & L has recently stopped sampling 26 wells at the surge pond and plant areas without objection from ADEQ, but 

eight wells around the landfill keep operating.

Baseline groundwater quality (sulfate, chloride, fluoride, and TDS) was worse than that of the contaminant plume. 

‘Zero discharge facility’, high evaporation rates result in high sodium and chloride levels in the ash ponds, as well as 

in salty seeps.

The Thames River close to the power plant is saline, classified as unsuitable for shellfish harvesting, or as a fish/ 

shellfish habitat. Due to its high base flow, it is highly unlikely that groundwater contaminated in excess of SWPC 

would adversely impact the River.

OU #2 (LF, land areas, berms) is currently under RI including ecological risk assessment and natural resource 

damage assessment.

According to the Utility, groundwater impacts are reported to occur within the approved FDEP ZOD, so they are in 

compliance with FDEP's groundwater regulations.

Built on top of abandoned phosphate mine, which likely has some influence on groundwater flow under the site. 

Contamination is still within the ZOD.

Landfill - stabilized FGD. State claims impact is limited to the Zone of Discharge (ZOD).

The unlined Gypsum Management Area is one of the sources of contaminants. State claims impact is limited to the 

Zone of Discharge (ZOD).

Not certain that the active landfill is co-located with the closed landfill. Limited-size landfill and plume with no downgradient recipients. A 1987 scientific article concluded that “the pollution potential for this small upland LF appears 

limited to a small area, and is unlikely to adversely affect any water supplies utilized by humans in the near future.”

The Utility suggested that the up-gradient arsenic contamination was due to up-gradient sources and is not CCRrelated. In Harm’s Way counters that some of the up-gradient wells are improperly classified because groundwater 

does flow from the monofill towards these wells due to mounding. 

There are indications that the only “up-gradient” monitoring point (MW4) has been affected by CCR constituents as 

a result of groundwater mounding within the landfill. MidAmerican and IDNR claim that the background levels of 

arsenic naturally exceed the MCL at the site.

An approved GMZ. 

Utility claims contamination related to coal mining. A GMZ application, and a Corrective Action Plan (including a 

Closure Work Plan) to deal with contamination issues at the site was due 4/1/2012. 

SI removed from service in 2000. 

In late 1990s, two cells were lined: one-double clay w/leachate collect, one composite (45-mil HDPE/clay)
An approved GMZ; as of 10/2011, further assessment is underway.

As part of the plan for final closure of the SIs, AmerenUE proposed (3/2010) final capping and a “Groundwater 

Management Zone” to contain contaminant plumes within the property.

MG offered to either buy out the properties or drill new, deeper wells for the affected residences. There are 

presently two Ground Water Management Zones (GMZs) designation for the landfill area (with a potential for 

allowing off-site contamination of groundwater within one of the GMZs).

While no wells were placed off-site, Dames & Moore concluded that a steel slurry wall downflow from the disposal 

site, in addition to natural attenuation, mitigated and limited the contaminant plume. Because lead exceeding the 

PDWS was detected also in several up-gradient wells, it is not clear whether it is related to the CCR. 

Near the Indiana National Lakeshore on Lake Michigan. In 1978, the SIs were dredged then lined with a composite 

liner (HDPE over clay).

Phase III & IV have composite liner w/leachate collection.

An FGD solids landfill; compacted clay liner in expanded landfill area.

IDEM accepted Utility's claim that impacts are due/inseparable from those caused by coal mining activities

A 5' clay liner (1x10-6 hydraulic conductivity). Also: “Poz-O-Tec” (processed ash and FGD waste). 

State and Utility claim that the as of 10/2011 flow discharges to the Ohio River and does not risk any drinking water 

resources.

KDWM required a risk evaluation and river sampling to demonstrate that the effects of CCR management at the site 

would not negatively affect human health or water quality in the Ohio River. The findings of these studies confirmed 

no impacts to human health or the environment. In addition, groundwater flow for the location is in the direction of 

the Ohio River and there are no residential wells (or non-company owned properties) between the plant and the 

River. All local households are connected to public water supplies.

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

monitoring started only in 9/2008.

The Kentucky Division of Waste Management is unable to determine the location of any well or the direction and 

rate of groundwater flow at the site because it does not require that a potentiometric surface diagram be 

submitted with groundwater reports. In its comment to the docket, KDEP states that there only appears to be one 

residential well down-gradient from the landfill within the two-mile radius. This well needs to be investigated for its 

actual use, as it appears it may be on the power plant's property. 
The higher groundwater elevations in the pond area wells suggest groundwater mounding beneath the ponds due 

to leakage, causing localized reversal of groundwater flow to the west away from the Mississippi River.

Operations at the landfill ended in 2001 as the result of a bylaw passed by the Town of Freetown. The bylaw bans 

the disposal of coal combustion wastes within the town. 

Exceedances of the state's health-based standards for boron and lithium.

Exceedances of the state's health-based standards for boron and lithium.

Exceedances of the State's health-based standards for boron and manganese.

Exceedances of the state's health-based standards for boron and lithium.

Exceedances of the state's health-based standards for selenium, boron, lithium, and antimony, and release to 

Pigeon River: J. M. Besser et al., Ecotoxicology & Envir Safety 35, 7-15 (1966).

Exceedances of the state's health-based standards for boron and lithium.

MDEQ recently claimed that under the revised “mixing zone” standards, and State revisions for boron and arsenic 

standards ‘based on new science’, the discharge levels of these landfills comply with criteria. The US/Canada Joint 

International Commission (for shared water resources) designated the discharge area of the Saginaw River into the 

Bay as an Area of Concern due to multiple sources of contamination. 

According to the Utility, arsenic, barium, chloride, Copper, fluoride, lead, sulfate, and zinc were only detected in 

samples collected from wells screened in the CCP pond.

Past study showed high levels of Fe and Mn in background soils, as well as exceedences of SMCLs for Fe and Mn in 

background GW and the river/lake up-gradient and upstream of the site, at levels similar to those seen in the wells 

immediately adjacent to the ash ponds. 

The landfill has been capped and is now inactive; the rest of the power plant is to be soon decommissioned.

The site has been the subject of several EPA investigations under Superfund (CERCLIS # NCD000830646).

The State has no plans of taking regulatory action until groundwater contamination reaches the compliance 

boundary.

The State has no plans of taking regulatory action until groundwater contamination reaches the compliance 

boundary.

State and industry claim that iron and manganese are due to background levels. This very power plant was 

associated with the Belews Lake ecological damage case.

The State has no plans of taking regulatory action until groundwater contamination reaches the compliance 

boundary. In the wake of EPA's followup on citizen complaints in public hearings, additional groundwater 

monitoring wells were installed at the Compliance Boundary in 2/2011, and DWQ is evaluating groundwater 

monitoring data to determine if any additional action is required under State Rules 15A NCAC 2L.01006(d).

Unclear whether an impacted drinking water well was located on-site or off-site. 

All ponds were relined with composite geosynthetic/clay liners. This case is a possible candidate for categorization 

as a proven damage case. 
Groundwater has been evaluated onsite; however, no offsite assessment or monitoring has been required. 

NDEQ argues that selenium and sulfate exist as naturally occurring minerals throughout the region. In evaluation of 

the site, the natural occurrence of both substances is being considered, as well as the possibility of a localized 

discharge of cooling tower water used for fire suppression or similar power plant activity. 

Currently, owned by Dynegy’s Northeast Generation Inc.

Phase II landfill not implicated

[NOVs (EPA) for emission/PM violations in the late 1990s.]

The Tidd-Dale Subdivision, about 2000’ from the FAR 2 Dam, relies on private drinking water wells (at least nine 

wells). The latest potentiometric map of the power plant suggests that this Subdivision is in the direct path of 

groundwater flow from FAR 2. OH EPA has not required any sampling of these wells.

OH EPA increased the plant’s allowable daily maximum concentration for boron in 2009 so it no longer exceeds 

NPDES requirements; it has also set water quality criteria for Kyger Creek for several metals that are all much higher 

than for the Ohio River; this results in significant mortality rate of the fathead minnow next to the outfalls’ mixing 

zone.

AEP has submitted a proposal to construct a slurry wall and grout curtain barrier along the length of the LF facing 

the Verdigris River, as well as a proposal to ensure rainwater infiltration into the LF proper is minimized/ eliminated.

State claims that elevated levels of iron and manganese and sporadic low levels of arsenic and boron are attributed 

to AMD created by past mining of the Pittsburgh Coal Seam upgradient of the site. 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.

In the late 1980s, several water supply wells of the Cresswell Heights Joint Municipal Water Supply in Beaver 

County, Pennsylvania were contaminated with high levels of TDS from the two coal ash ponds. PADEP claims that 

the decommissioning of the SIs was due to closing of the power plant and not required by legal action. 

PADEP and the power plant claim that is the legacy of the original Seward Power Station that has been demolished; 

and the neutrailzation of old coal refuse with FBC ash used for the foundation of the newly constructed Co-Gen 

plant.

As of 5/22/2010, the Hunlock power plant is no longer operative, including all the associated disposal activities.

RRI claims that there are no permit limits stipulated for discharges of boron, cadmium, and selenium into Brushy 

Meadow Creek from Outfall 002. As to unpermitted discharges of boron, cadmium, hexavalent chromium, and 

selenium into Brushy Meadow Creek from Outfall 001, RRI claims that the CCC is not an end of the pipe standard, 

but rather a standard used in modeling of allowable downstream levels of a pollutant.
The site is upstream of the Congaree National Park, one of the largest contiguous sections of floodplain forest in 

North America. Neighboring landowners filed lawsuits (2009) to stop contamination from reaching their properties.

Toxicity study indicated potential for ecologic damage.

The construction of two CCR storage-disposal areas on top of earlier SIs and on top of a former creek channel, have 

created conditions conducive to groundwater contamination.

Adjacent to the Cumberland River, in Karstic terrain.

One of the power plant’s disposal units - an 87-acre unlined CCR SI - is located on an island in the Tennessee River.

The power plant is located on Lake Fayette. The Lake serves as a cooling reservoir and is also a popular recreational 

site for fishing and boating. Half of the CCR SI was closed down in 1988; the remaining part is to be closed by 2012 

and switch to dry handling. 

The golf course is filled w/1.5 million cubic yards of fly ash, amended with 1.7% to 2.3% cement kiln dust. Virginia’s 

Administrative Code allowed the use of fly ash as fill material without a liner as long as the fly ash was placed at 

least 2’ above groundwater and covered by an 18” soil cap.

The Barge Company (CRT) potable water well (located between the fly ash basin and the landfill) has been rendered 

unsuitable for drinking, due to contamination by sulfate, boron, fluoride, and TDS. SI capped and closed once the 

plant switched to dry handling. Soil at the site - unconsolidated, high-permeability glacial outwash (between about 

10-2cm/sec and 10-5cm/sec). 

Operated from 1948-1971. A well located about 250’ south of the old quarry was impacted by very high levels of 

boron (the state did not have a health-based standard for boron at the time of the exceedances).

The power plant switched to natural gas in 2000.

Ongoing monitoring at the site (including monitoring of the private wells) includes boron, sulfate, and arsenic. 

Previous monitoring included selenium, iron, fluoride, and chloride.

Landfill in a diked area built on a former shallow wetland. The site borders a significant water body (Green Bay) and 

fly ash may have been placed below the water table and/or surface water elevation.

Site is in the Mississippi River's floodplain and ash fill may have been placed below the water table/surface water 

elevation. WDNR issued administrative order in 1975 for a groundwater study and if found necessary, for ultimate 

closure . Closure plan, approved in 1981, included groundwater monitoring. In 1986 WDNR required additional 

monitoring wells. A groundwater monitoring program is in effect.

Ash was originally sluiced to this landfill. The facility switched to dry CCR handling in 1995. 
Twelve offsite private wells found exceedances of molybdenum and boron. A consultant to WE determined that 

molybdenum in the private wells was not coming from CCR in the landfills. WE has been supplying (as of 8/2009) 

bottled water to several dozen residents in the area without assuming responsibility for the contamination. 

The testing documented in the 1988 RTC suggests uncertainty as to the cause of the impacts to downgradient 

groundwater because cadmium, manganese, and sulfate were also found in upgradient wells. The utility reports 

that a follow-up investigation found that the cadmium and manganese occur naturally.
NOV CO/Admin Order Study

Assmt or other 

Monitoring Remedial Action Law Suit

Y Y Y

Y Y

Y Y Y

Y Y

Y

Y

Y

Y

Y

Y Y

Y Y

Y

Y Y (Y)*

Y Y

Y
YY

YYYY

(Y)*Y

Y

YYY

YY

YY

YY

YY

YYYy (y)*
y

y

yy

YY

(Y)*Y

YYYY

Y

y

YYYY

(Y)*

Y

Y

Y
YY

YY

Y

Y

Y

YY

YYYY

Y

YY

YY

Y

(Y)*
Y Y

Y (Y)* (Y)*

Y

Y

Y Y

Y Y

Y Y Y

Y Y

Y Y

Y Y
Y
Fish Advisory/

Fishing Ban Provide Drinking Water

Other (Closure; Design or 

Operational change)

Y

Y

Y

Y

(Y)*

Y

Y

Y

(Y)*

(Y)*

Y
YYYY
Y

(Y)*

Y

y

Y

Y
Y

Y

Y

Y

Y

(Y)*
Y

(Y)*

Y

YYYYYYY
Y

Facility Location State

American Coal Corporation #5 Landfill

Cardinal PFBC Monofill Brilliant OH

Cardinal Fly Ash Reservoir II Impoundment OH

Clinch River VA

Copicut Road Monofill Freetown MA

Dixie Caverns County Landfill Roanoke Co. VA

Gavin Impoundments Cheshire OH

Kyger Creek Power Plant Impoundments OH

Lake Erie, Ohio 

Muskingum River Power Plant Impoundments Beverly OH

Muskogee Environmental Fly Ash Disposal Site OK

Public Service Co Fly Ash Disposal Site OK

Star Coal Company #6 Landfill Monroe Co. IA

Star Coal Company #14 Landfill Monroe Co. IA

Stuart Station Impoundments/Dayton Power & Light Stuart Station OH

Thompson Landfill MI

Turris Coal Company Elkhart Mine IL

Western Farmers Electrical Fly Ash Site Chactaw Co. OK

Salem Acres Site Salem MA

Vitale Fly Ash Pit Beverly MA

VEPCO Possum Point VA

Mitchell Generating Station Moundsville WV

Four Corners Power Plant Fruitland NM
Lansing Station Ash Ponds and Landfill – Alliant/IP&L Lansing IA

Industrial Excess Landfill Superfund Site Uniontown OH

Boardman Plant – Portland General Electric Boardman OR

Big Stone Power Plant – Otter Tail Power Big Stone City SD

New England Power Brayton Point MA

Elrama Plant PA

Florida Power & Light Plant Port Everglades FL

Florida Power & Light Plant Port Riviera FL

Florida Power & Light P.L. Bartow Plant FL
References Status/Rationale

CCW DC Ass #68 Rejected: No Information.

CCW DC Ass #69 Superseded by In Harm's Way #23 (a Potential DC).

CCW DC Ass #70 Superseded by In Harm's Way #23 (a Potential DC).

CCW DC Ass #71 Superseded by In Harm's Way #36 (a Proven DC).

CCW DC Ass #72 Double count': Superseded by CCW DC Ass Case #25, K. R. Rezendes South Main Street 

Coal Ash Landfill (a Potential DC).

CCW DC Ass #73 Rejected: "The fly ash disposed at the site is emission control dust from an electric arc 

furnace, not fossil fuel combustion waste." No subsequent new information.

CCW DC Ass #74 Superseded by In Harm's Way #24 (a Potential DC).

CCW DC Ass #75 Rejected: "Ohio EPA staff are unaware of any issues related to this pond." No subsequent 

new information.

CCW DC Ass #76 Superseded by In Harm's Way Case #17, 'JR Whiting generating Plant - CMS/ Consumers 

Energy' (a Proven DC).

CCW DC Ass #77 Superseded by In Harm's Way #26 (a Potential DC).

CCW DC Ass #78; EPAHQ-RCRA-2003-0796-

0019

Rejected: "There is insufficient information available to identify the extent and nature of 

damages present and attribute them to fossil fuel combustion wastes."

CCW DC Ass #79; EPAHQ-RCRA-2003-0796-

0019

Rejected: "There is insufficient information available to identify the extent and nature of 

damages present and attribute them to fossil fuel combustion wastes."

CCW DC Ass #80 Rejected: "No information available."

CCW DC Ass #81 Rejected: "No information available."

CCW DC Ass #82 Rejected: "This site is categorized as a case without documented evidence of proven or 

potential damage to human health or the environment." No subsequent new 

information.

CCW DC Ass #83 Rejected: "There is insufficient information available to identify the extent of ground 

water contamination, or to positively identify the source of the contamination."

CCW DC Ass #84 Rejected: "An underground mine that disposes of coal processing waste and coal 

combustion waste in a diked surface lagoon...insufficient information to identify the 

extent of the contamination or confirm the source of the contamination."

CCW DC Ass #85 Rejected: "There is insufficient information available to identify the extent and nature of 

damages present and attribute them to fossil fuel combustion wastes." No new 

information.

CCW DC Ass #1; ICF 

(10/2010), Appendix A, 

P. 1 

Rejected: "Contribution of FFC wastes to damage not separable from other wastes.” 

"“The co-managed wastes contributed metal contamination indistinguishable from 

CCRs."

CCW DC Ass #2; ICF 

(10/2010), Appendix A, 

P. 2 

Rejected: “Non-CCR wastes primarily USTs were focus of MADEP remediation." 

CCW DC Ass #4; ICF 

(10/2010), Appendix A, 

P. 4 

Rejected: “Co-Managed CCR wastes without clear implication of CCR wastes in damages.”

CCW DC Ass #31; ICF 

(10/2010), Appendix B, 

#31, p. 62

Rejected: ” 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.” 

Out of Control # 17; ICF 

(10/2010), Appendix B, 

#17, p. 33

Rejected: ”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.”
In Harm's Way #7; ICF 

(10/2010), Appendix C, 

#7, p. 14 

Rejected: Inadequate Information to uphold it as a damage case:”Groundwater 

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

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

However, the ability of this well to provide representative groundwater samples is in 

question as it has been dry for all but three of the past 11 sample collection rounds. 

Therefore, there is inadequate information to determine if the observed sporadic 

groundwater contaminant concentrations are attributable to CCRs.”

In Harm's Way #25; ICF 

(10/2010), Appendix C, 

#25, p. 52 

Rejected: ”Although there are numerous exceedances of primary and secondary EPA 

MCLs in both onsite and offsite groundwater, high incidences of cancer in the 

surrounding neighborhoods, and several regulatory actions, there are no explicit 

indications that CCRs are solely responsible for the damages. Large quantities of other 

non-CCR wastes have been co-managed at the landfill since the 1960s.”

In Harm's Way #28; ICF 

(10/2010), Appendix C, 

#28, p. 58 

Rejected: Inadequate Information to uphold it as a damage case: ”Groundwater 

exceedances of primary and secondary EPA MCLs have been found onsite but at distance 

and upgradient from CCR materials. There is inadequate information to determine 

whether exceedances are site- related, from offsite sources, or from on-site but non-CCR 

sources. There has not been any assessment of groundwater or surface water offsite and 

there are no other impact or damage claims.” 

In Harm's Way #31; ICF 

(10/2010), Appendix C, 

#31, p. 64

Rejected: ”Although there are exceedances of primary EPA MCLs, EPA Lifetime Health 

Advisories, and EPA SMCLs in onsite groundwater, the exceedances generally occur near 

the brine ponds and are possibly related to the water softening and treatment process: 

CCRs cannot be directly implicated as a source of the contamination.” 

CCW DC Ass #26 Rejected: One of nine sites managing oil combustion wastes that are associated with 

largest coal- and oil-powered generating station in New England. 

CCW DC Ass #30 Rejected: Landfill in an abandoned coal mine.

CCW DC Ass #37 Rejected: One of nine sites managing oil combustion wastes that have groundwater 

contamination identified for the 1999 RTC. 

CCW DC Ass #38 Rejected: One of nine sites managing oil combustion wastes that have groundwater 

contamination identified for the 1999 RTC. 

CCW DC Ass #39 Rejected: One of nine sites managing oil combustion wastes that have groundwater 

contamination identified for the 1999 RTC. 
Comments

No Info

Re-categorized as a damage case

Re-categorized as a damage case

Re-categorized as a damage case

Re-categorized as a damage case

Out of Scope

Re-categorized as a damage case

Lack of verification by state regulator

Re-categorized as a damage case

Re-categorized as a damage case

Inadequate information

Inadequate information

Inadequate information

Inadequate information

Inadequate information

Inadequate information

Minefilling

Inadequate information

CCRs commingled with other waste

CCRs commingled with other waste

CCRs commingled with other waste

CCRs commingled with other (coal mining) waste

CCRs commingled with other (coal mining) waste
Inadequate information

Inadequate information

CCRs commingled with other waste

Out of Scope

CCRs commingled with other (coal mining) waste

Out of Scope

Out of Scope

Out of Scope
References:

(1) Coal Combustion Waste Damage Case Assessments, USEPA Office of Solid Waste, July 9, 2007: http://www.regulations.g

(2) The preamble to the June 21, 2010 proposed rulemaking (Disposal of Coal Combustion Residuals from Electric Utilities P

(3) Michigan’s comment to the proposed CCR rule’s docket: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-RCR

(4) Wisconsin’s comment to the proposed CCR rule’s docket: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-RCR

(5) Out of Control: Mounting Damages from Coal Ash Waste Sites, Thirty-one New Damage Cases of Contamination from Im

(6) In Harm’s Way: Lack of Federal Coal Ash Regulations Endangers Americans and Their Environment, Thirty-nine New Dam

(7) Assessment of Previously Identified Proven Damage and Recently Alleged Damage Cases. ICF International. Unpublished r
 http://www.regulations.gov/#!documentDetail;D=EPA-HQ-RCRA-2006-0796-0015

esiduals from Electric Utilities Proposed Rule, 75 FR 35128): http://www.regulations.gov/#!documentDetail;D=EPA-HQ-RCRA-2009-0640-

ocumentDetail;D=EPA-HQ-RCRA-2009-0640-6815 (Attachment 5)

documentDetail;D=EPA-HQ-RCRA-2009-0640-6416 (Appendix – Section D: Groundwater Impacts from Coal Combustion Ash Disposal Site

Cases of Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity Project and EarthJustice, February 24

ronment, Thirty-nine New Damage Cases of Contamination from Improperly Disposed Coal Combustion Waste. Environmental Integrity 

CF International. Unpublished report prepared for U.S. EPA, Office of Resource Conservation and Recovery, EPA Contract No. EP-W-07-0
ail;D=EPA-HQ-RCRA-2009-0640-0352

al Combustion Ash Disposal Sites in Wisconsin, Table 2)

ct and EarthJustice, February 24, 2010. http://www.environmentalintegrity.org/news_reports/documents/OutofControl-MountingDama

 Environmental Integrity Project, EarthJustice and Sierra Club, August 26, 2010. http://earthjustice.org/sites/default/files/files/repo

ry, EPA Contract No. EP-W-07-003, Work Assignment No. 3-88, October 2010.
s/OutofControl-MountingDamagesFromCoalAshWasteSites.pdf

org/sites/default/files/files/report-in-harms-way.pdf
Abbreviations:

AMD Acid Mine Drainage

AOC Administrative Order of Consent

BNA Bloomberg Bureau of National Affairs

CCC Criteria Continuous Concentration

CO Consent Order

COA Consent Order and Agreement

COC Contaminant of Concern

FBC Fluidized Bed Combustion

FGD Flue Gas Desulphurization

GMZ Groundwater Mixing Zone

GW Groundwater

HDPE High-density Polyethylene

IPCB Illinois Pollution Control Board

LF Landfill

LLDPE Linear Low-Density Polyethylene

NOD Notice of Deficiency

NOV Notice of Violation

NPDES National Pollutant Discharge Elimination System

NPL National Priority List

O/O Owner/Operator

OU Operational Unit

PDWS Primary Drinking Water Standard

PM Particulate Matter

RI Remedial Investigation

ROD Record of Decision

RTC Report to Congress

S&G Sand and Gravel

SI Surface Impoundment

SW Surface Water

SWPC Surface Water Protection Criteria

USWAG Utility Solid Waste Activities Group

WU Waste Unit

ZOD Zone of Discharge