North Carolina regulators cite Duke Energy for dumping coal ash

Environmental regulators in North Carolina have cited the country’s largest energy company for dumping millions of gallons of wastewater from coal ash ponds into a public waterway. The company could face $2.75 million in fines if the allegations are confirmed.

The citations issued Thursday concern two coal ash ponds near the Cape Fear River, where regulators allege Duke Energy pumped the wastewater into a public canal, violating its environmental permit.

Coal ash is a byproduct of burning coal and contains high levels of toxic arsenic.

In a statement to Al Jazeera on Wednesday, the company said the water pumped was within the limits of its permit and necessary to perform routine maintenance.

“Our permit authorizes this type of maintenance specifically under the condition that we meet permit limits,” Duke Energy told Al Jazeera. “The water was being pumped to the existing, permitted outfalls.”

However, Tom Reeder, director of North Carolina Division of Water Resources, disagreed.

“The state’s investigation revealed that the pumping activities on-going at this plant far exceeded what would reasonably be considered routine maintenance,” he said in a statement.

The fines from the North Carolina Department of Environment and Natural Resources (DENR) total $25,000 per day of violation. With 109 days of registered violations, the fines could add up to more than $2,725,000.

Around 61 million gallons of wastewater ended up in the waterway, officials say, with dumping occurring as recently as March 11. Duke Energy has 30 days to respond to the citation. The company issued a statement Thursday acknowledging the citation and saying it will respond before the deadline. 

News of Duke Energy’s alleged dumping of wastewater comes days after a hidden camera revealed illegal coal ash dumping in Kentucky that has prompted calls by environmentalists for stricter regulations. 

On Feb. 2, it was revealed that a closed Duke Energy plant in Eden, N.C. had also spilled thousands of gallons of coal ash into the Dan River.

That spill was accidental, occurring because a stormwater pipe underneath the coal ash pond broke.

Also Thursday, Duke Energy reported a crack in an earthen dam that contains coal ash at one of its Cape Fear River sites, but DENR said in a release that it is not in "imminent danger of failure." 

Duke Energy said in a release that the Cape Fear plant was closed in 2012 and that it has not placed any new coal ash there since then. The company said officials noticed a "small depression" in the dam two weeks ago.  

Duke Energy said the depression on the dam remained unchanged until Thursday, when company officials saw it had grown into "a narrow gap about 35 feet long and three to four inches wide."

Although no coal ash has leaked, Duke Energy said, "out of an abundance of caution," that it would immediately make repairs to the crack.

The site itself is listed by the Environmental Protection Agency as one of the 45 most dangerous potential sources of pollution in the country. 

So far, none of the incidents have impacted the quality of drinking water, but levels of arsenic in the Dan River spiked after the Feb. 2 spill. 

DENR’s citation of the company comes amid an on-going investigation by the Justice Department into state regulators and Duke Energy over the Feb. 2 spill.

With additional reporting by David Douglas.