Gulf Power settles Florida coal ash court case

OREANDA-NEWS. June 26, 2015. Southern Co.'s Gulf Power subsidiary has agreed to drain the ash ponds at its Herbert Scholz coal-fired plant and move the residuals to another site to settle a federal lawsuit accusing the company of violating the Clean Water Act.

Southern and the Apalachicola Bay and River Keeper, Southern Alliance for Clean Energy and Waterkeeper Alliance filed an agreement yesterday requiring Gulf Power to dry out, or "dewater," the coal ash ponds so the waste can be moved to dry storage away from the river. The company also agreed to build a cutoff wall designed to divert the groundwater flow so it bypasses the area where the ponds are located.

All plans need Florida Department of Environmental Protection approval.

The environmental groups filed suit against Gulf Power on 4 June 2014 in US District Court for the Northern District of Florida, claiming that by not using impermeable liners the utility allowed excessive levels of heavy metals and toxins to leak from the ash ponds at the Scholz plant.

Gulf Power retired the 80MW coal-fired plant near Sneads, Florida, in April. The ponds would be drained and disposed of anyway as part of the retirement plan, the company said.

The utility is known to have a good working relationship with the Department of Environmental Protection and expects the settlement to be approved. The company said it did not have cost estimates for how much draining and moving the ash ponds will cost.

In reaching the settlement, Gulf Power did not admit liability.