State DEP criticized over new discharge permit
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Just three days before environmental groups were set to file a federal lawsuit against RRI Energy alleging thousands of water pollution violations at its Seward waste coal power plant along the Conemaugh River, the state Department of Environmental Protection issued a water discharge permit that will eventually stop the illegal discharges.
Citizens for Pennsylvania's Future, the Sierra Club, Defenders of Wildlife and PennEnvironment praised the DEP for negotiating the new wastewater discharge permit intended to resolve approximately 12,000 violations over five years at the power plant in southern Indiana County.
But they criticized the department for "making a mockery" of the enforcement process and shielding the company from penalties for approximately 12,000 violations.
"[Monday's] action by DEP, negotiated behind closed doors, lets one of the nation's largest power generators off the hook for years of violations of federal and state pollution laws," said David Masur, director of PennEnvironment.
He said it was the second time that the DEP has taken action that ended a federal lawsuit by environmental groups against RRI, formerly known as Reliant. In April 2007, groups filed a federal lawsuit against Reliant for hundreds of water pollution violations at its 1,711-megawatt Conemaugh Generation Station, only to have the DEP file its own lawsuit against Reliant two weeks later and issue a corrective permit.
Helen Humphreys, a DEP spokeswoman, said issuance of the Seward permit does not preclude future enforcement actions, but declined to say if the DEP is considering penalties against the Houston, Texas-based utility.
"This was a thoughtful response on the part of the department to the concerns raised by PennEnvironment and other organizations," Ms. Humphreys said. "It's evidence the system works. It's not an oppositional situation but one of cooperation."
The permit was issued just days before the environmental groups' 60-day notice of intent to sue, required by federal law, was to end, and precludes filing of the lawsuit. The Seward power plant's previous National Pollutant Discharge Elimination System permit expired in 2006 but was extended by the DEP.
"We are pleased the groups decided not to pursue their legal action and the outcome reflects our commitment to environmental compliance, not only at the Seward plant but all of RRI's energy facilities," said Laurie Fickman, an RRI spokeswoman.
RRI's own reports to the state, mandated by previous consent orders to correct pollution discharges, show the 521-megawatt power plant exceeded discharge limits for iron, aluminum, manganese and acid in the river on 400 days since 2005.
Reports also showed that on numerous occasions the discharges caused river water temperatures to spike by 12, 14 and even 20 degrees, although the permit limited the temperature fluctuations caused by discharges to 2 degrees.
The DEP has placed the Conemaugh River it on a list of "impaired" waterways due to pollution contamination caused by high concentrations of metals.
First Published July 21, 2010 12:00 am
