As Illinois EPA Delays Removal of Toxic Coal Ash, Erosion Passes Critical ‘Trigger Point’ Along Middle Fork

Dynegy Midwest Generation, owner of the closed Vermilion Power Station north of Oakwood, IL, disclosed Friday that riverbank erosion next to its coal ash along the Middle Fork of the Vermilion River has reached a critical point requiring reinforcement to prevent the collapse of its coal ash waste impoundment. The former power plant’s 3.3 million cubic yards of coal ash remain in the floodplain of the river, awaiting Illinois EPA approval for removal. The Agency has been reviewing the removal plan for over four years without action.

“Four years is too long to wait for a permit review. As long as the coal ash is in the floodplain, it will continue to threaten the Middle Fork,” said Andrew Rehn, Director of Climate Policy at Prairie Rivers Network. “This river bank reinforcement is a wake up call for the Agency to propose a final permit, give the public a chance to weigh in, and get this company moving the coal ash out of the floodplain of our state’s only National Scenic River.”

Dynegy’s August 4 disclosure stated that a June 30 riverbank erosion inspection revealed that the trigger line had been reached, initiating a plan to install 500 feet of rock along a critical section of the river to halt the erosion. The Safety Emergency Response Plan Dynegy submitted to Illinois EPA in 2023 established the trigger line, and requires the company to monitor and report on deteriorating conditions in order to prevent a breach of the coal ash impoundments into the river.

However, Dynegy’s required monthly monitoring reports made no mention of an impending or existing problem, including those released at the end of June and July of this year. Prairie Rivers Network and Earthjustice were notified of the plan to armor the riverbank on August 7th, more than five weeks after the erosion trigger point was reached.

“In addition to the delays in removing the coal ash, we are troubled by the lack of transparency shown in Dynegy’s monthly erosion inspection reports,” said Lan Richart, Co-Director of the Eco-Justice Collaborative. “Why was reference to the need for bank stabilization omitted from the reports? The public deserves — and Dynegy is obligated to provide — accurate and timely information about this project.”

Coal ash — the hazardous substance left after burning coal for energy — is a toxic mix of hazardous pollutants, metals, carcinogens, and neurotoxins linked to cancer, heart and thyroid disease, reproductive failure, and neurological harm.

Dynegy, a subsidiary of Vistra Corps, owns the closed Vermilion Power Station, which over its 60-year lifespan dumped 3.3 million cubic yards of toxic coal ash into three large coal ash impoundments on the banks of the Middle Fork. The Middle Fork is Illinois’s only National Scenic River. A 17-mile corridor of the river, including the stretch by the power plant, is federally protected for its outstanding natural, scenic, recreational, ecological, historical, and archaeological values. Prairie Rivers Network and Eco-Justice Collaborative have been calling for the removal of the coal ash from the river’s floodplain for over a decade.

In 2023, Dynegy and the State of Illinois finalized a settlement that required Dynegy create a plan to remove the coal ash, construct a new landfill on Dynegy’s property outside of the Middle Fork’s floodplain, and move the coal ash into the landfill. Dynegy submitted the closure plan to the Illinois EPA in January 2022, where it is awaiting approval. According to the erosion report, the removal of the coal ash might be completed by 2040. The bank armoring would also be removed at that time.