Illinois files lawsuit against City Water, Light & Power over 2021 ash release

The Illinois Attorney General's Office is filing suit against City Water, Light & Power alleging that the company released over 700 tons of fly ash into the atmosphere two years ago in violation of environmental protection laws.

Attorney General Kwame Raoul filed the lawsuit in Sangamon County Circuit Court Thursday, saying that CWLP violated the Illinois Environmental Protection Act, Illinois Pollution Control Board regulations and its Clean Air Act Permit Program permit stemming from an August 2021 incident.

Per the lawsuit, CWLP staff at the Dallman Power Generation station were attempting to remove a fabric filtration separator bag from a silo - where the fly ash is stored before it can be moved offsite - that had been blocking its pipeline flow. Successfully removing the bag, fly ash soon overcame Unit 4 as workers were forced to leave before closing the valve and entered the atmosphere.

Ash Release: Ash release at Dallman Unit 4 caused dust cloud before being contained

The Illinois Environmental Protection Agency, Springfield Fire Department and Illinois Emergency Management Agency responded to the scene, seeing fly ash plume overhead from Clearlake Avenue and Dirksen Parkway.

All told, CWLP reported in February 2022 that 778 tons of fly ash were released onto the ground, and approximately 149 pounds of fly ash went into the atmosphere during the near two hours the valve was open. No injuries were reported.

CWLP chief utility engineer Doug Brown promised corrective action following the release, but noted the utility's procedure ordered that a valve should never be removed when dry ash material is in the silo.

"IEPA has conducted multiple inspections including immediately following the incident, and the City has cooperated with IEPA throughout this process," CWLP public information Amber Sabin told The State Journal-Register in an email. "CWLP hired an environmental contractor for deeper site cleanup and mitigation. Corrective action was taken and disciplinary measures were issued for procedures not being followed with regard to the valve operation on the silo."

Environmental groups said in the aftermath of the ash release that CWLP had failed to properly notify the public by not using its citywide text alert system.

The announcement of the lawsuit showed the urgency for the city to transition from coal-dependency, argued Christine Nannicelli, senior campaign representative for the Beyond Coal Campaign with Sierra Club Illinois.

“From CWLP’s leaching coal ash ponds contaminating groundwater next to Lake Springfield, to the massive coal ash dust cloud and maintenance failures at the center of the Attorney General’s lawsuit, CWLP has repeatedly demonstrated that it can not properly manage its dangerous waste from burning coal,” she said in a statement.

Facing 11 counts centered mostly on its exceedances of emission limits and several record-keeping failures, the utility could face civil penalties for the incident. The state is seeking multiple $10,000 and $50,000 penalties from CWLP in addition to having its court costs covered by the defendant.

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Regardless of a court decision, CWLP and state has reached an agreed interim order while the lawsuit is pending where the utility will file a report with IEPA covering the full-extent of the incident.

CWLP has 30 days to file the report with the agency, showing photos of the equipment from the release and detailing how much fly ash and emissions were released in addition to descriptions of repairs and maintenance. Illinois EPA Director John J. Kim said in a statement the order "holds CWLP accountable."

“This lawsuit and interim order prioritize the safety of Springfield residents while working closely with CWLP to ensure an incident like this does not happen again," added Raoul. "The order entered today is a first step, requiring CWLP to thoroughly evaluate the 2021 incident."

Sabin said the utility will provide the documentation well before the 30-day deadline and "will fully cooperate with any further corrective actions and penalties for the accidental fly ash release."

At the time of the incident, the city had two coal-fired plants but has since closed Unit 33. Unit 4, opened in 2009, consumed 618,240 tons of coal in 2022 according to CWLP figures.

By 2045, all coal-fired plants will be closed in the state.

Contact Patrick Keck: 312-549-9340, pkeck@gannett.com, twitter.com/@pkeckreporter.

This article originally appeared on State Journal-Register: Springfield's City Water, Light & Power sued over 2021 ash release