Parker Waichman LLP

Leaks Reported at TVA Fly Ash Pond in Years Before Spill

Disturbing questions are being raised about last month’s Tennessee fly ash spill.  According to a report in The Chattanooga Times Free Press, the fly ash retention pond at the Tennessee Valley Authority (TVA) Kingston Fossil Plant had experienced several leaks over the past decade.  Yet even though it knew about such problems, the TVA continued […]

Disturbing questions are being raised about last month’s <"https://www.yourlawyer.com/topics/overview/Tennessee_Fly_Ash_Spill">Tennessee fly ash spill.  According to a report in The Chattanooga Times Free Press, the fly ash retention pond at the Tennessee Valley Authority (TVA) Kingston Fossil Plant had experienced several leaks over the past decade.  Yet even though it knew about such problems, the TVA continued to allow coal waste to be dumped there.

The Tennessee fly ash spill occurred  around 1:00 a.m. on December 22 after  a wall holding back 80 acres of sludge from the TVA’s facility in Roane County, Tennessee broke.  Though the exact cause of the accident was not known, it was thought that six inches of rain over the previous 10 days and overnight temperatures in the teens contributed to the dam breach.

The TVA said that up to 400 acres of land had been coated by the sludge, making it 48 times larger than the 1989 Exxon Valdez spill in Alaska. The authority now says that  5.4 million cubic yards of potentially toxic fly ash was released from a retention pond. According to the Knoxville News, that’s triple the estimate of  1.7 million cubic yards the TVA first released. The fly ash spill damaged  15 homes. All the residents were  evacuated, but at least three homes were deemed uninhabitable.

According to the Chattanooga Times Free Press, in 2003 and 2006, leaks at the Kingston plant’s retention pond were so bad that TVA repaired drainage and dikes around the pond.  In fact, the authority suspended all deposits in the landfill for nearly 18 months to allow the dredge cell to dry out and stabilize, the Free Press said.

Once the repairs were made, the TVA believed the problems were solved. According to the Free Press, a report on a  2007 TVA inspection of the pond found no hazards, and concluded previous issues had been corrected. Another performed just this past October was not yet available, the Free Press said.  But just two months after that last inspection, the dike at the retention pond  broke.

What’s worse, even after the spill, the TVA didn’t even know how much coal waste had been released.  As previously reported, the authority revised the initial estimate just days after the spill, nearly tripling it.  The director of Southern Alliance for Clean Energy told the Free Press that a lack of regulation likely contributed to the confusion.

According to the Free Press, state agencies, such as the Tennessee Department of Environment and Conservation (TDEC), control how utilities dispose of coal ash from power plants. But during a tour of the site over the weekend, Tennessee’s governor said that the TDEC may have relied too much on TVA’s own inspections of the pond.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Positive: Professionalism , Quality , Value Ashley Lopilato was excellent and very supportive. She is a compassionate and caring young lady. She worked closely with me throughout this process. I highly recommend her to anyone needing an attorney. Thank you Ashley.
Katherine austin
3 years ago
5 Star Reviews 150
Parker Waichman did an outstanding job handling my case. They help me every step of the way and explain what needed to be done to secure my settlement. They were on top of my paper work and reminded me when items were do. I would highly recommend this firm!
Cynthia Yousef
3 years ago
5 Star Reviews 150
Very good law firm Joanne Stevens great person to deal with and staying on top of asking and handling my injuries. Julie Trinidad as the paralegal as well always on top of case and quick response very good people
Steven Palmiotto
4 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038