Parker Waichman LLP

Regulator Claims TVA Could Have Prevented Coal Ash Spill

TVA Ignored Leaks At Its Kingston Fossil Plant Retention Pond. A former federal regulator claims the Tennessee Valley Authority (TVA) ignored two leaks at its Kingston Fossil Plant’s fly ash retention pond that could have been a warning of the disaster to come.  Retired engineer Jack Spadaro told the Associated Press that the leaks, which occurred […]

Coal Ash Spill

TVA Ignored Leaks At Its Kingston Fossil Plant Retention Pond. A former federal regulator claims the Tennessee Valley Authority (TVA) ignored two leaks at its Kingston Fossil Plant’s fly ash retention pond that could have been a warning of the disaster to come.  Retired engineer Jack Spadaro told the Associated Press that the leaks, which occurred in 2003 and 2006, were an indication of a serious stability problem with the pond’s retention walls.

Those stability problems may have led to the December 22 breach that sent a billion gallons of potentially toxic coal ash into neighborhoods around the Eastern Tennessee TVA plant.  The TVA has said that at least 300 acres of land had been coated by the sludge, making it  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 Associated Press, a  2008 inspection report said the TVA stopped dredging operations in a main pond after the 2003 leak, but continued using a smaller temporary pond while repairs were made. TVA resumed dredging in 2006, only to find ash seeping out of the dike just nine months later.  The authority then installed a system to relieve pressure on the walls.

The Agency Charged With Regulating Coal Ash Pond

Glen Pugh, program director for Tennessee’s division of solid waste management, the state agency charged with regulating coal ash ponds, told the Associated Press that his agency was “focused on the effect on the environment”.  Pugh said nothing in the TVA’s inspection reports led to concerns about the retaining wall’s structural integrity.

But Spadaro, who directed the National Mine Health and Safety Administration’s training academy, told the Associated Press that VA’s last inspection report indicated the agency was irresponsible for failing to see these previous failures as an indication of a serious stability problem.

According to the Associated Press, Spadaro is all-too familiar with coal ash spills –  he investigated a similar disaster in 197 that killed 125 people in West Virginia.

Spadaro told the Associated Press that after the leaks were discovered, the TVA should have drained the pond and rebuilt the dam, rather than attempt repairs.

Spadaro also said that the TVA spill shows that states are not doing enough to regulate coal ash, and the federal government should take on the job.  Right now, the U.S. Environmental Protection Agency (EPA) doesn’t regulate the waste because it isn’t considered a hazard.  But coal ash can contain heavy metals and other toxins.  In fact, it is known  that the waste that spilled from the TVA pond contained dangerous substances, including arsenic.

Unregulated coal ash ponds pose a danger in many states, according to report in The New York Times.  There are currently around 1,300 unregulated coal ash ponds across the U.S., the Times said.  Numerous studies have shown that the ash can leach toxic substances that can cause cancer, birth defects and other health problems in humans, and can decimate wildlife populations around the dumps.

According to the Times, a  2007 EPA report identified 63 sites in 26 states where the water was contaminated by heavy metals from such dumps, including three other TVA sites.   Environmental advocacy groups have said that at least 17 additional sites should be added to that list.

The EPA has been studying the issue for 28 years, and regulation has largely been up to the states.  Sadly, as the TVA spill illustrates, states often aren’t up to the job.

Need Legal Help Regarding Coal Ash Spill?

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529).

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
The associates I dealt with, Shelly Davis & Christina Morace were extremely helpful and very pleasant to work with. They responded to my inquires in a timely fashion. They secured very favorable settlement.
John Ilardi
2 years ago
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness , Value
Edith Barrow
2 years ago
5 Star Reviews 150
I’m really satisfied with my experience dealing with Parker and Waichman and especially my attorney, Mathew Hinrichs, along with the support staff (Jacqueline & Theresa). My attorney is very professional and thorough but very approachable. He always returns calls/emails even in the early evening if necessary. His support staff of Paralegals are professional and thorough as well. This law firm gets things done! My confidence in Parker Waichman is very high, and I have been recommending this law firm to others here in Milwaukee by word of mouth. This recommendation will continue.
Daniel Kasten
3 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