Doesn't Look Like Company Will Appeal Denial Of Lawrenceburg Fly Ash Permit

Tanners Creek Development did not filed a notice of appeal before last week's deadline set by IDEM.

A map outlining the ash ponds at the former Tanners Creek Power Plant property in Lawrenceburg. The ash landfill highlighted in red is the one for which Tanners Creek Development had sought a minor modification to its permit to allow for filling with out-of-state fly ash. Indiana Department of Environmental Management image.

(Lawrenceburg, Ind.) - The fight against out-of-state fly ash being shipped into Lawrenceburg appears to be over - and the local team won.

Last month, the Indiana Department of Environmental Management denied Tanners Creek Development’s request for a “minor modification” to an existing permit. The company sought to use fly ash from two Ohio coal-fired power plants to complete the filling of an ash landfill at the former Tanners Creek Power Plant site in Lawrenceburg.

As the company’s plans were learned by local citizens and government leaders, they began to raise concerns about the coal combustion residual material’s potential effects on the environment and human health. Dozens of letters were submitted to IDEM from Lawrenceburg area residents, the city, neighboring cities, Dearborn County Commissioners, and utility companies.

The March 15 IDEM notice gave Tanners Creek Development 18 days to appeal.

That deadline passed last week. Lawrenceburg city officials say there is no indication from IDEM that Tanners Creek Development will appeal.

City attorney Del Weldon tells Eagle Country 99.3 that means the permit modification denial is final.

“We are obviously very pleased that we were able to stop the fly ash. We are also pleased that IDEM has committed to aggressively test the site and our water on a regular basis. We have also tested the water ourselves and found no issues,” said Weldon.

Drinking water aquifers are underground near the three ash pits already existing at the 725-acre Tanners Creek site from six decades of the power plant operating there.  Two of the pits are lined, but a third is not. As local officials became more educated on the status of the ash storage, they demanded closer monitoring of the water supply.

In recent weeks, both Lawrenceburg City Council and Dearborn County Commissioners have approved ordinances prohibiting use of foreign fly ash from being used for filling.

Commercial Development Company is the parent company of Tanners Creek Development, LLC. A request for comment sent Monday to the company was not returned.

Had the fly ash importation been allowed, Tanners Creek Development stood to make millions from accepting coal combustion residuals from Dayton Power & Light. According to the permit modification request, the company would receive $10 per each ton of fly ash it brought down the Ohio River by barge and buried in Lawrenceburg.

The pond in question has a capacity of about 3 million tons, with 2.25 million tons already in it. 750,000 tons would have generated about $7.5 million in revenue for the company.

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