An Illinois environmental group has sued power generator Dynegy Inc., alleging that coal ash ponds from the company's coal-fired power plants are leaching pollution into the Middle Fork of the Vermilion River.
A photo provided by the Prairie Rivers Network shows orange seeps on the Vermilion River that the group says are being discharged from the coal ash ponds at Dynegy's Vermilion power plant in Illinois. |
In a May 30 press release, Prairie Rivers Network alleged that "visible orange, purple and rust-colored toxic residue" is leaching into the river from Dynegy Midwest Generation Inc.'s Vermilion power plant in violation of the Clean Water Act. The group, represented by Earthjustice, has filed a citizen enforcement action with the U.S. District Court for the Central District of Illinois, Urbana division.
"Dynegy has discharged, and is discharging on an ongoing basis, pollutants into the Middle Fork of the Vermilion River from numerous, discrete, unpermitted seeps on the riverbank," the lawsuit asserted.
The power plants' existing permit includes nine discharge points into the Middle Fork, but the leaks documented by the Prairie Rivers Network are not authorized and have been occurring "for years," according to the press release. The group also said that the discharges are contrary to Illinois effluent limits and water quality standards that are also incorporated into the existing permit.
Prairie Rivers Network, an affiliate of the National Wildlife Federation, asked the court to find that Dynegy violated its permit and compel the company to cease all unpermitted discharges and pay civil penalties of $53,484 per day for each day over the last five years the plant has violated the Clean Water Act. The group filed its notice of intent to sue in January.
In a statement issued May 31, a spokeswoman for Dynegy parent company Vistra Energy Corp. said the company has violated no laws and is fully compliant with all legal, regulatory and permit obligations.
"We do not agree with the claims made in the complaint and will vigorously defend against these baseless allegations," said spokeswoman Meranda Cohn. "Regardless of the complaint, we intend to continue to work with state and federal regulatory authorities ... to obtain approval for our permanent closure plans for the inactive impoundments which will enable us to close these areas in compliance with all applicable regulatory requirements."

