Toxic Fly Ash Could Be Shipped Into Lawrenceburg; Mayor Trying To Make A Stand

By Mike Perleberg The former Tanners Creek Power Plant site in Lawrenceburg is being cleared and environmentally remediated by Commercial Development Company, Inc. File photo. (Lawrenceburg, Ind.) – Toxic material from power plants along the Ohio River could be shipped into Lawrenceburg, unless local efforts to stop the practice are successful. St. Louis, Missouri-based Commercial Development Company, Inc. bought the former coal-fired Tanners Creek Power Plant site in Lawrenceburg from American Electric Power’s Indiana Michigan Power in 2016. The brownfield development company is demolishing the power generating station and remediating the environmental concerns there so that the 725-acre site may be redeveloped as an inland port by Ports of Indiana. Prospects of turning a mothballed power plant into a port bringing jobs and an economic boost for the southeastern Indiana region have been largely welcomed by local leaders and citizens. But last week, those good feelings turned to serious concerns about the environment and public health. Property owners near the port site recently received from the U.S. Army Corps of Engineers Louisville District a joint public notice of a permit to construct a barge loading and unloading facility, largely using existing mooring cells at the former power plant. Tanners Creek Development, LLC – a subsidiary of CDC – is listed as the applicant. The barge installation was not such a concern, but the devil was in the details. “In addition, an elevated conveyor system would be installed above the (ordinary high water mark), which would be used to unload former power plant residuals such as coal fly ash, bottom ash, and wet scrubber byproducts (off-specification synthetic gypsum), from the hopper barge, which would be transported to the facility from various electric-generating power plants along the Ohio River. These materials would then be used to finish filling the former settling pond, which has subsequently been converted to an IDEM permitted restricted waste landfill,” the notice stated. According to the U.S. Environmental Protection Agency, coal ash combustion residuals such as fly ash, bottom ash, and others contain contaminants like mercury, cadmium and arsenic. Without proper management, those toxic substances can pollute waterways, groundwater, and the air. The permit suggests for 12 to 15 barges full of out-of-state fly ash could arrive and be unloaded in Lawrenceburg per week up until the ponds are full. An update on the redevelopment project given last week by CDC suggests that could continue into late 2019. A map outlining the ash ponds at the former Tanners Creek Power Plant property in Lawrenceburg. The pond highlighted in red is the one for which Commercial Development Company wants a minor modification to its permit to allow for filling with out-of-state fly ash. Indiana Department of Environmental Management image. The idea that CDC and another affiliate, Environmental Liability Transfer, Inc., want to ship in any amount of coal ash into Lawrenceburg does not sit well with Mayor Kelly Mollaun. “Number one: we shouldn’t be taking in out-of-state waste. That’s my opinion. Number two: there’s always the opportunity for something to go wrong when you’re loading and unloading material, especially if it’s hazardous waste. Why would we want to take that chance?” Mollaun told Eagle Country 99.3 on Friday. The mayor says the city may have intervened just in time to stop the ash importation, which poses a risk to the area's air quality and underground water source. The Indiana Department of Environmental Management could have issued a decision last Friday, March 2 on what it calls a “minor modification” to a previously-awarded permit. Mollaun said it was fortunate timing that he was in Indianapolis last Thursday when his secretary managed to set up a meeting with IDEM officials. “They are taking our concerns to (IDEM’s) upper management,” said Mollaun. Mollaun said using outside materials for filling and capping the ash pond was never mentioned with the original permit. The modification to the permit was requested in February, according to IDEM records. From the mayor’s perspective, a more agreeable solution to filling and capping the ash pond would be to use dirt soil, but the company’s motivation to use fly ash is monetary. From his meeting with IDEM, Mollaun says he learned that Dayton Power & Light will pay the company to take and store the fly ash in Lawrenceburg. “My opinion – obviously ELT, the cleanup company, is out to make as much money on this property as they can. They’ve already signed a potential agreement with Ports of Indiana to move forward with the purchase for $8 million. They can make X millions of dollars for bringing in this fly ash, but that just does nothing but help their bottom line. That’s their business and I understand that, but I don’t want it to be done at our expense,” said Mollaun. The mayor believes Ports of Indiana – potential future owner of the proposed river port site – is with Lawrenceburg. “They want the best product that they can get, right? They want to be a good community member as well. They are going to be living there, so to speak. They want to be good neighbors,” said the mayor. Despite rumors that have spread on social media, The City of Lawrenceburg is opposed to the importation of fly ash into the city. The online uproar forced the mayor to issue a statement explaining his administration’s stance. A number of citizens may appear at Monday’s Lawrenceburg Common Council meeting to voice their concerns and perhaps encourage the city to combat the fly ash importation. Mollaun believes IDEM may make a decision on the permit minor modification within the next couple weeks. If the permit is granted to CDC and ELT, the city could utilize an appeal process. According to IDEM’s website, Lawrenceburg would have 15 days to file an appeal which could be heard by an environmental law judge at the Indiana Office of Environmental Adjudication. Likewise, the brownfield company could appeal if IDEM’s decision goes against its wishes. Mollaun indicated that a lawsuit or reaching out to the governor’s office are not beyond question, but said the city will use the processes IDEM has in place to perhaps stop the toxic materials from being brought into the city and state. If the city ultimately loses, Mollaun believes IDEM will have inspectors at the site “watching every move.” “We’re not trying to hinder progress of that port. I’m the biggest cheerleader in southeastern Indiana for that port because I see the benefits long-term, but we just want everything done right,” Mollaun said. The presence of coal ash is far from a new occurrence in Lawrenceburg. For 65 years as AEP and I&M operated the power plant near the city’s historic downtown district, residuals from the combustion of coal used to power the generators were stored on site. Fly ash would be stored in a designated man-made pond until it was ready to be removed for other uses or placed in a dry landfill. By the time the Lawrenceburg plant shut down in 2015, three ash ponds capable of holding more than 3,500 acre foots of ash were in use, according to the EPA. The U.S. Army Corps of Engineers is seeking public comment on the barge facility proposal through March 26, 2018. Visit http://www.lrl.usace.army.mil/Missions/Regulatory/Public-Notices/Article/1441217/lrl-2017-632/ for more information on the permit request and how to comment. Eagle Country 99.3 reached Commercial Development Company, Inc. for comment and questions on Thursday, March 1. A spokesman said the company plans to respond soon. RELATED STORIES: Demolition, Decontamination Timeline Shortened At Former L’burg Power Plant Ports Of Indiana Enjoying Growth In 2017 Ports Of Indiana Enters $8M Purchase Agreement For Lawrenceburg Site IBJ: Governor Continues To Back Lawrenceburg River Port Official Release: Ports Of Indiana Identifies Former Lawrenceburg Coal Plant As Site For Future Port Analysis A Year After Closing, Tanners Creek Plant’s Fate Undecided