Sen. Boxer takes a stand against false rider tactics.

Some members of the Senate believe it’s acceptable to write up legislation to prevent the EPA from regulating toxic coal ash—and then attach it to a completely unrelated bill.

They tried unsuccessfully earlier this summer to put it into must-pass legislation that would help maintain and improve our nation’s highway infrastructure. They’re considering including it as a “rider” on the pending “fiscal cliff” bill. They even talked about putting it on a spending bill for the Department of Defense.

It seems some senators know no bounds on allowing polluters to continue dumping this waste—filled with arsenic, lead, mercury and more—into unlined and unmonitored ponds and landfills next to coal-fired power plants. Already, coal ash has polluted lakes, rivers, streams and aquifers at nearly 200 sites across the country.

But yesterday, one senator made clear that she’s not willing to allow dangerous environmental riders onto unrelated legislation.

Aerial view of the devastating 2008 coal ash disaster in Tennessee. (TVA)

Four years ago, a small Tennessee town woke up to a nightmare. A nearby coal ash pond that held back more than a billion gallons of toxic waste collapsed, sending a flood of ash and dirt right through their doors. In the weeks and months that followed, an entire nation began to see the magnitude of the coal ash threat.

Cleaning up the Clinch River near Kingston, TN, continues. Just last week, the Tennessee Valley Authority—the owners of the coal ash dam that burst—announced plans to let nature take its course in removing the remaining half a million tons of ash.  Coal ash activist, Watauga Riverkeeper and Earthjustice client Donna Lisenby summed it up best: "Five hundred cubic yards is enough coal ash to fill a football field almost 94 feet high from end zone to end zone. Coal ash contains arsenic, lead, chromium and many other toxic pollutants. Leaving that much ash in the river system to combine with all the other legacy pollutants just increases the total pollutant load."

A child near an AES coal ash fill site in Guayama, Puerto Rico.

(Earthjustice attorney Lisa Evans is co-author of this blog item)

Fed up with the illegal dumping of toxic waste in their communities, a group of concerned citizens from Guayama and Salinas, Puerto Rico, Comité Dialogo Ambiental (CDA), has drawn a line in the sand. CDA announced yesterday that they will take AES Corporation—theVirginia-based energy giant—to federal court unless it meets the group’s demands and stops the dangerous dumping of toxic waste from its Guayama power plant.
 
Salinas attorney Ruth Santiago and Public Justice, a national public interest law firm, sent a Notice of Intent to Sue this week on behalf of CDA, asserting that AES’ practice of dumping toxic coal ash in residential areas poses an “imminent and substantial endangerment” to health and the environment.
  
The AES’ Guayama power plant produces 400,000 tons of coal ash a year – toxic waste that contains arsenic, radioactive isotopes, hexavalent chromium and other heavy metals. But, despite its prodigious generation of dangerous waste, AES has never built a landfill to contain the polluted byproduct since it opened the plant in 2002. Instead, AES sells the waste to local contractors for pennies a ton to build roads and housing developments.
 

Seeking protection from unsafe dumping practices, more than 300 public interest groups from 43 states, representing millions across the nation, sent a letter this week to the U.S. Senate opposing S. 3512, the “Coal Ash Recycling and Oversight Act of 2012.”

The bill, introduced last July by Sens. Hoeven (R-SD), Conrad (D-SD) and Baucus (D- MT), prevents the EPA from finalizing its proposed coal ash rule—or ever issuing regulations for the nation’see second largest industrial waste stream. In its place, S. 3512 encourages inadequate state programs that preserve the status quo and extend the lives of hundreds of leaking toxic dumps.