Attorney General files lawsuit against Dynegy Midwest Generation, LLC
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[June 23, 2021]
Attorney General Kwame Raoul and Vermilion County State’s Attorney
Jacqueline Lacy today filed a lawsuit against Dynegy Midwest Generation,
LLC (Dynegy) over the unlawful disposal of coal ash at the site of the
former Vermilion Power Station, which led to groundwater pollution
surrounding the coal power plant. Raoul and Lacy also filed a motion to
enter an agreed interim order that requires Dynegy to, among other
things, create a safety emergency response plan for the site.
“Dynegy’s actions created a public health risk by contaminating the
area’s groundwater and led to the pollution of Illinois’ only
nationally-recognized scenic river and,” Raoul said. “I am pleased to
partner with Vermilion County State’s Attorney Jacqueline Lacy and am
committed to holding Dynegy accountable for harming our environment and
putting the health of Illinois residents at risk.”
“Protecting our environment is critical to the safety and security of
our Citizens in Vermilion County,” Lacy said. “Thank you to Attorney
General Raoul’s Office for working diligently with our community to
ensure the protection of the Middle Fork of the Vermilion River.”
Raoul’s lawsuit is based on a referral from the IEPA.
“The Agreed Interim Order is a vital step in addressing our
long-standing concerns with the facility’s coal ash ponds,” IEPA
Director John Kim said. “The Order establishes necessary timelines for
addressing the impacts on area groundwater and the Middle Fork of the
Vermilion River, and provides for more meaningful public participation
while moving toward the ultimate closure of the facility’s coal ash
ponds.”
![](http://archives.lincolndailynews.com/2021/Jun/23/images/ads/current/ccaonline_lda050208.png)
Dynegy owns the property in Oakwood, Illinois where the coal-fired
Vermilion Power Station operated until November 2011. Dynegy’s
operations involved burning coal to generate electricity.
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The process resulted in the generation of coal ash,
which Dynegy dumped in man-made ponds at the site. Coal ash can
contain a number of harmful byproducts that may adversely impact
groundwater and the nearby Middle Fork of the Vermilion River,
Illinois’ only national scenic river under the National Wild and
Scenic Rivers Act. The river’s banks continue to steadily erode, and
Raoul’s lawsuit alleges the proximity of the coal ash ponds in the
flood plain further threatens the river’s well-being.
![](http://archives.lincolndailynews.com/2021/Jun/23/images/ads/current/debbiesfloral_lda_MAY_2021.png)
In today’s lawsuit, Raoul and Lacy argue that by
placing coal ash into the onsite ponds, Dynegy contaminated the
surrounding groundwater and the Middle Fork of the Vermilion River.
Raoul and Lacy point out that as long as the coal ash remains in the
unlined ponds, it continues to pose a threat to groundwater and the
river. Raoul and Lacy argue the presence of coal ash seriously
jeopardizes public health and the environment.
Raoul and Lacy also filed an agreed interim order that, if entered,
would require Dynegy to prepare a safety emergency response plan for
the site that outlines circumstances that would trigger the
emergency response and the procedures to be followed in the event of
further contamination or erosion. The order also requires Dynegy to
create written scopes of work for a groundwater collection trench
and dewatering of the ponds, and to conduct riverbank inspections at
the site. Dynegy must also prepare reports for public meetings at
which the company will discuss plans for closure by removal of the
coal ash that is currently in the ponds.
Bureau Chief Stephen Sylvester and Senior Assistant Attorney General
Kathryn Pamenter are handling the case for Raoul’s Environmental
Enforcement Division.
[Office of Illinois Attorney General] |