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TVA fined $11.5 million for Kingston ash apill

TVA fined $11.5 million for Kingston ash apill
Nashville – Tennessee Department of Environment and Conservation Commissioner Jim Fyke and Deputy Commissioner Paul Sloan this week announced the issuance of a Commissioner’s Order against the Tennessee Valley Authority assessing $11.5 million in penalties in response to the catastrophic coal ash release on Dec. 22, 2008. 
The penalties address violations of the Tennessee Water Quality Control Act and the Tennessee Solid Waste Disposal Act.  
This Order assessing penalties follows an Emergency Order issued immediately after the ash spill on Jan. 12, 2009.
The Emergency Order outlines the steps TVA must take to stabilize and remediate the Emory River and surrounding property, and remains in effect. This new Order specifically addresses the violations of Tennessee law resulting from the spill. 
The $11.5 million penalty is to be paid, as follows:
• $2.5 million to TDEC by July 15, 2010;
• At least $2 million in Supplemental Environmental Projects to benefit the environment must be proposed by TVA and approved by TDEC by Dec. 31, 2010.  If acceptable projects equaling at least $2 million are not proposed by Dec. 31, TVA must pay any remaining balance;
• $2 million to TDEC by July 15, 2011;
• $2 million to TDEC by July 15, 2012;
• $3 million has been paid to reimburse the department’s oversight costs, as required by the January 2009 Emergency Order.  TVA must continue to pay these oversight costs over and above the $11.5 million total assessment.
The Commissioner’s Order announced this week specifically reserves the department’s right to assess natural resource damages in the future.
The Department of Environment and Conservation has obtained the services of Industrial Economics, Inc. to assist state and federal trustees in assessing and recovering natural resource damages from TVA as a result of the spill.
WCP 6.17.10

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