Clermont County Commissioners say they plan to sue the owners of the former Beckjord Power Station in New Richmond to protect the community’s drinking water from toxic coal ash.
The board Tuesday served a Notice of Intent to Sue under a federal environmental law on Beckjord owner Commercial Liability Partners, its subsidiary, New Richmond Development Corporation, and former Beckjord owner Duke Energy.
The commissioners allege the owners violated the Resource Conservation and Recovery Act while handling and disposing of coal ash at the former power plant.
“The original generator of this material is responsible to ensure that it is disposed of in accordance with all regulations and laws, and we believe that that is not happening,” said Commissioner David Painter.
He says the toxic coal combustion residuals are being stored in unlined ponds in contact with groundwater at the Beckjord site. Painter says that threatens public health and the environment. Coal combustion residuals can contain contaminants that are carcinogens or neurotoxins.
The Beckjord property sits next to the Ohio River and upstream of the Pierce-Union-Batavia Townships well fields, which provide drinking water to parts of Clermont County.
“We believe that to protect the drinking water for 145,000 residents here in Clermont County, that the material needs to be exhumed and removed from that site and not left in contact with the actual aquifer,” Painter said.
He says drinking water remains safe, but if the toxic waste reaches more drinking water extraction wells, the community could have to pay to about $30 million to upgrade its water treatment facility.
The notice gives the Beckjord owners 90 days to take appropriate remedial action. If they don’t, commissioners say they intend to file a federal lawsuit.
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