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Environmental, Civil Rights Groups Intend To Sue Duke Energy Over Coal Ash Storage

Keri Brown/WFDD

Environmental and civil rights groups say they'll sue Duke Energy for violating parts of the Clean Water Act. They want Duke Energy to clean up coal ash stored at the Belews Creek facility in Stokes County.

The Southern Environmental Law Center has given notice of its intent to file suit within 60 days in federal court. It alleges Duke Energy dumped coal ash pollution into Belews Lake, Little Belews Creek, the Dan River, and groundwater through leaks and seepage from its ash basin.

They say this has led to contaminated water for neighbors. SELC attorney Myra Blake also says the company is illegally using the creek as part of its wastewater pollution system.

“We want Duke Energy and our clients want Duke Energy to take responsibility for this, right the wrongs that they have committed over the years and actually cleanup its ash and remove it from the groundwater that it's sitting deep in right now,” says Blake. She adds that moving the ash to a lined landfill or recycling it into concrete would remedy some of those Clean Water Act violations.

Duke Energy says there continues to be no evidence that the Belews Creek facility is impacting nearby drinking water wells. Company spokesperson Paige Sheehan says excavation would be disruptive, expensive and unnecessary.

“Scientists conclude that such extreme plans can actually cause more harm to the environment than good. For example, it would take approximately 12 years and more than 600,000 truck trips to excavate the Belews Creek ash basin and relocate ash to a new location, possibly in a new community,” says Sheehan.

“We will continue to advocate for our customers and smart ash basin closure plans that are customized for each site,” Sheehan adds. 

The Belews Creek plant is located near Walnut Tree, a predominately black community. The state NAACP and the Stokes County Branch are also represented in the lawsuit.

The U.S. Commission on Civil Rights held a public meeting in Stokes County last year. The department has since released a report that blasted the EPA for not doing enough to protect residents who live around the sites. According to the report, coal ash storage disproportionately impacts economically disadvantaged and minority communities.

Coal ash is the byproduct of burning coal. It contains toxic materials including arsenic and lead.

In 2014, the EPA released new national standards for coal ash. The agency designated it as a nonhazardous waste.

*Follow WFDD's Keri Brown on Twitter @kerib_news

Keri Brown is a multi-award winning reporter and host at 88.5 WFDD. She has been honored with two regional Edward R. Murrow awards for her stories about coal ash, and was named the 2015 radio reporter of the year by the Radio Television Digital News Association of the Carolinas (RTDNAC).Although she covers a variety of topics, her beats are environmental and education reporting.Keri comes to the Triad from West Virginia Public Broadcasting, where she served as the Chief Bureau Reporter for the Northern Panhandle. She produced stories for the state's Public Television and Radio programs and was honored by the West Virginia Associated Press Broadcasters Association for her feature and enterprise reporting.She also served as an adjunct instructor at Wheeling Jesuit University and Bethany College in West Virginia. She worked with the Center for Educational Technologies in Wheeling, WV, and other NASA centers across the country to develop several stories about the use of science, technology, engineering, and math (STEM) concepts in the classroom.Keri's journalism career began at WTRF-TV 7 in Wheeling. She worked in several roles at the station, including the head assignment editor. She also was a field producer and assignment manager at WPGH-TV Fox 53 in Pittsburgh.Keri is a graduate of Ohio University. When she's not in the studio or working on a story, she enjoys watching college football with her family, cooking, and traveling.Keri is always looking for another great story idea, so please share them with her. You can follow her on Twitter @kerib_news.

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