9 million tons of Duke Energy's coal ash, the EPA's proposal to loosen regulations about it, and Earthjustice's lawsuit against the EPA.

The press release from Earthjustice is reprinted verbatim, which I'm doing because it's a very big deal, literally and figuratively, that nine million tons of coal ash reposes on the property of the soon-to-be-shuttered Gallagher Station plant, which lies precisely two miles from the Reisz Mahal.

A friend recently asked Duke Energy about the situation.

We received your question about coal ash at Gallagher Station. We’re pursuing a combination of both excavation and capping in place at Gallagher. All decisions are based on science and engineering and have to be approved by state environmental regulators. Please let us know if you have further questions.

For background, a few previous posts.

9.3 million tons of dangerous coal ash right here in Anchor City? Good thing it's not a campaign issue.

Dan Coffey wasn't making it up: 500,000 truck trips would be necessary to remove Duke's toxic coal ash from the Gallagher plant's ponds.

Tonight is the public meeting about Duke Energy's coal ash disposal. Gahan to send summer intern with information about the Bicentennial Park Concert Series.

Here's the release. 

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Good afternoon. Today the nonprofit Earthjustice sent EPA formal notice of its plan to sue for EPA’s refusal to hold an in-person public hearing on proposed coal ash regulatory rollbacks. This action is being taken on behalf of impacted communities throughout the nation, including New Albany with the Lower Ohio Riverkeeper based there as a plaintiff, as well as a resident of Louisville who lives near the Mill Creek Plant and recreates on the Ohio River. There are more Indiana plaintiffs based in Indy (Hoosier Environmental Council), Lafayette (Wabash Riverkeeper) and a resident of Lawrenceville.

The EPA’s decision to hold a hearing via an online conference call with no video eliminated the ability for many people affected by the rollbacks to participate. Here’s the notice.

The rollbacks would have serious adverse impacts on the health of individuals across the country and the environment. Specifically, this proposed rollback would make it easier for utilities to keep leaking coal ash ponds operating and polluting longer and allow millions of tons of additional toxic coal ash waste to be dumped into leaking and/or dangerously sited ponds.

The decision to eliminate in-person public hearings impairs public participation. The virtual public hearing was announced online and requires that participants register and call-in via an online platform. These hearings are particularly challenging for communities with limited internet access, which coincide with communities that are disproportionately impacted by coal ash. Only having a virtual hearing strikes at the very heart of democratic, public participation - participants have no opportunity to face and speak directly to EPA officials, to use visual aids, and bring people who are very sick from exposure but aren’t up to speaking out. At the January 7, 2020 virtual hearing several commenters openly questioned whether anyone was listening to them at all. Virtual hearings can be a useful supplement to in-person hearings but should not replace them. In addition, this comment period coincided with the holidays.

These concerns led 87 public interest organizations to write EPA requesting that it hold an in-person public hearing and to extend the comment period.

EPA rejected that request in December. Meanwhile, EPA did have the time to privately meet in-person with over 50 coal industry officials on November 19, 2019. 

9.3 million tons of dangerous coal ash right here in Anchor City? Good thing it's not a campaign issue.

The president said something stupid about wind power, which prompted Deaf Gahan to tweet.

Google divulges little about this situation. There's this from the Indy Star last July: 'Disastrous consequences': EPA changes to toxic coal ash rules could hurt Hoosiers.

What's the plan for our ultimate neighborhood brownfield? What does it mean for us? All I'm hearing are pins dropping and crickets chirping.

Previously on July 4, 2018:

Dan Coffey wasn't making it up: 500,000 truck trips would be necessary to remove Duke's toxic coal ash from the Gallagher plant's ponds.

Coffey warned against Duke shirking the clean-up of highly toxic coal ash, and also mentioned that removing the coal ash might require 500,000 truck trips over a period of years.

There were guffaws and the rolling of eyes, but Coffey was right. Here's the source from May, 2017. Did you read it? I didn't.

And May 15, 2017:

Tonight is the public meeting about Duke Energy's coal ash disposal. Gahan to send summer intern with information about the Bicentennial Park Concert Series.

C'mon, you know exactly what Team Gahan is thinking: just get on with the power plant decommissioning, and those outlawed public housing residents can be placed there, safely out of view.

Slip sliding away, Vol. 2: "In researching Indiana Code, it was discovered that the City of New Albany abused the power of eminent domain in acquiring land for a public utility."

Last night Kelly Feiock, a Mt. Tabor Road resident, patiently sat through the regularly scheduled city council meeting so she could rise during public speaking time and offer a few facts for the consideration of the city's presumed legislative body.

Slip sliding away, Vol. 1: A desperately Deaf Gahan seeks to divert your attention from Mt. Tabor malfeasance by attacking the citizenry for doing their homework. Voters, call his arrogant bluff.

Her testimony was devastating, but the image I'll never be able to erase from my memory was that of her councilman, Matt Nash, staring at the floor; inert, used up, unable to act autonomously without Jeff Gahan, Adam Dickey or Shane Gibson handing him a script. How very depressing.

Afterward a friend messaged me.

I don’t see Gahan surviving past the primary. His sins are stacking up. It’s over.

To which I replied:

Maybe. Don’t forget the people who benefit from his sins, who’ve convinced themselves that Gahan is the devil they know.

One would think that fair-minded Democrats (as Nash himself used to be) would be appalled by the steadily accumulating stench emanating from Gahan's Down Low Bunker of Misgovernance.

ON THE AVENUES: Donnie Blevins tells his story.

Isn't bullying like that inexcusable -- and what on earth does one man need with all this money?

The Jeff Gahan Money Machine, Part 20: Buying and selling a city? Our master list of 59 Gahan wheel-greasers is a pornographic potpourri of pay-to-play.

Pay to play corruption, Mt. Tabor malfeasance, the intimidation and bullying of city employees ... folks, it's no longer about party affiliation. It's about cutting out a cancerous growth so this city can have a democratic future. Democrats, your party has aligned itself with tyranny, and I encourage you to vote for David White on May 7. 

The following is from Kelly Feiock, and approximates what she presented last night.

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It appears the City of New Albany has misappropriated government funds by abusing the power of Eminent Domain with the Mt. Tabor Road Project.

The City proposed the Mt. Tabor Road project in 2013, which is federally funded (80% federal and 20% local funded). The total cost was originally estimated at $6.5 million, with the city contribution being approximately $1.3 million.

This project severely affected approximately 40 properties on Mt. Tabor Road and Klerner Lane in New Albany. Although the City needed roughly ten feet of property for grass buffers and sidewalks on many of the properties, it acquired an additional 13 feet (or more) of right-of-way on these properties for overhead power lines.

In researching Indiana Code, it was discovered that the City of New Albany abused the power of eminent domain in acquiring land for a public utility. The public utility, in this case Duke Energy, is responsible for using the power of eminent domain for rights-of-way of its powerlines. In doing so, Duke Energy should take, acquire, condemn, and appropriate an easement itself.

Please see Indiana Code as it pertains to Eminent Domain:

IC 32-24-2  Chapter 2. Procedures for Cities and Towns

Per IC 32-24-2-3 "Property" is defined for Cities and Towns as used in this chapter, "property" refers to real property or personal property.

IC 32-24-2-6 Application of chapter; condemnation resolutions; notice;

remonstrances

Sec. 6. (a) This chapter applies if the works board of a municipality wants to acquire

property for the use of the municipality or to open, change, lay out, or vacate a street, an

alley, or a public place in the municipality, including a proposed street or alley crossings of

railways or other rights-of-way. However, this chapter does not apply if a municipality wants

to acquire the property of a public utility (as defined in IC 8-1-2-1).

IC 32-24-4 Chapter 4. Procedures for Utilities and Other Corporations

IC 32-24-4-1 Public utilities

Sec. 1. (a) A person, firm, partnership, limited liability company, or corporation authorized to do business in Indiana and authorized to: 

            (1) furnish, supply, transmit, transport or distribute electrical energy, gas, oil, petroleum, water, heat, steam, hydraulic power, or communications by telegraph or telephone to the public or to any town or city;

            (2) construct, maintain or operate turnpikes, toll bridges, canals, public landings, wharves, ferries, dams, aqueducts, street railways, or interurban railways for the use of the public or for the use of any town or city; may take, acquire, condemn, and appropriate land, real estate, or any interest in the land or real estate to accomplish the essential delivery of services described in subdivisions (1) and (2).

IC 32-24-4-2 Fee simple or easements

Sec. 2. The condemnor may take, acquire, condemn, and appropriate a fee simple estate, title, and interest in an amount of land as the condemnor considers necessary for the condemnor's proper uses and purposes. However, for rights-of-way, the condemnor shall take, acquire, condemn, and appropriate an easement.

See also: https://www.duke-energy.com/community/trees-and-rights-of-way/what-can-you-do-in-right-of-way/distribution-lines-guidelines-and-restrictions

Dan Coffey wasn't making it up: 500,000 truck trips would be necessary to remove Duke's toxic coal ash from the Gallagher plant's ponds.

At June's second city council meeting, 1st district councilman Dan Coffey raised an important point about Duke Energy's Gallagher power station, which has been burning coal ever since its four units were built during the period 1958-1961.

During speaking time for council members, Coffey suggested vigilance by city officials about Duke Energy’s coal ash pond cleanup, to begin as Gallagher winds down.

Coffey warned against Duke shirking the clean-up of highly toxic coal ash, and also mentioned that removing the coal ash might require 500,000 truck trips over a period of years.

There were guffaws and the rolling of eyes, but Coffey was right. Here's the source from May, 2017. Did you read it? I didn't. Tim Maloney is the Hoosier Environmental Council Senior Policy Director, and Duke Energy's spokeswoman is Angeline Protogere.

Duke Energy plans coal pond closures at Gallagher Station in New Albany
Environmentalists concerned with closure method, by Elizabeth Beilman (Unexpurgated Tom May Content)

 ... "For all these old coal-fired power plants, the real question is what happens to the waste, and is that handled in a responsible way?" Maloney said. "Leaving it sitting there next to rivers and atop shallow groundwater systems, in our view, is just the least desirable option."

But Protegere said removing much of the 9.3 million tons of coal ash at Gallagher Station from ponds would require 500,000 truck trips over the next few decades. Closing ponds in place takes "months or years," she said.

"Obviously that has a major community impact and a significant amount of truck emissions," Protegere said. " ... There are a number of factors that go into this decision."

"Kevin Hammersmith loved the local community and Floyd County Parks system."

At the amphitheater.

I'm a cynic by inclination and preference, but it doesn't preclude me from being happy that there's a park named for Kevin Hammersmith.

I'm also glad the county pushed and completed this project. If Gahan had gotten hold of it, the park probably would be called the Lanz Dome.

Give it up for Hammersmith ... gone far too soon.

A COMMUNITY EFFORT: Duke Energy volunteers, Mount Tabor students beautify Hammersmith Park in New Albany, by Chris Morris (Tom May Prays, We Pay Gazette)

NEW ALBANY — Kevin Hammersmith loved the local community and Floyd County Parks system. He was offered promotions from his employer, Duke Energy that would have taken him away from the area, his sister said, but he turned them all down. The reason: He didn't want to leave Floyd County.

That is why Hammersmith would have been thrilled with all the activity going on Monday morning at the Floyd County Parks newest property, which bears his name. Crews were busy putting the final touches on Kevin Hammersmith Memorial Park, including several volunteers with the Duke Energy Foundation teaming up with students from Mount Tabor Elementary School to construct rain and butterfly gardens. The volunteers also were planting trees along the park's main road.

Besides supplying much of the manpower, the Duke Energy Foundation donated $15,000 to the cause.

"He would be overwhelmed," said his sister, Tammy Persinger, who was among the many volunteers. "They [Duke] give back to the community is so many ways. We are fortunate to have a company like that in our area. Kevin loved working for Duke Energy. I don't know of anyone who loved their job as much as he did."

Following up: The Duke Energy street light repair link sure does work.

The busted street light was reported on April 23, and the worker repaired it on Thursday, May 3.

ASK THE BORED ENCORE: What the hell do we do when a street light is out? Shouldn't this Duke Energy link be featured on the city's web site?

That's nine days; not too bad. Here's the link again: Request Light Repair. Duke Energy sent an email confirming the repair.

It's been proven to work. Shouldn't it be on the city's web site?

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The outdoor light repair you recently reported has been completed. Thank you for helping us keep our communities safer for everyone.

You submitted this request on 04/23/2018.

Address of light reported: 1202 EAST SPRING STREET, NEW ALBANY, IN, 47150

Contact Name: Roger Baylor

Phone: 5024689710

Email: istanbul85@yahoo.com

Problem Type: Light out

Pole number:

Work Order: 28135315

Comments:

Visit Duke-Energy.com for your specific state to check the status of your repair. Under the ""Outage and Storm"" area you'll find the link to the map, and your reported light location will be marked with a red dot.

For questions, or if you are unable to access the map to check the status of your request, you can call us at 800-521-2232. Our customer service specialists are available 7 a.m. – 7 p.m. Monday through Friday and Saturdays 8 a.m. to 1 p.m.; however, our automated voice response system can address most of your service needs 24 hours a day.

For faster service, be sure to provide the Work Order number above to the customer service specialist.

Please do not reply to this message. Replies to this message are routed to an unmonitored mailbox.

ASK THE BORED ENCORE: What the hell do we do when a street light is out? Shouldn't this Duke Energy link be featured on the city's web site?

Today's installment of ASK THE BORED is an updated encore presentation of an unanswered question from November of 2016. 

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You're outside walking the pooch after dark, and you trip on a malformed sidewalk that hasn't been repaired since the Kennedy years.

"Damn," you curse. "If only the street light would have been functional, I could have minded the gap."

And so you go to the city's snazzy upgraded web site, the one where you're greeted by a billboard-sized portrait of Our Beloved Leader, in order to report the street light outage, because you know the sidewalk's gonna be toast at least until the second Chelsea Clinton administration.

So much for that -- and be aware that searching for street light, street lamp and their plurals also comes up empty.

Surmising that the city probably has outsourced all such matters to the utility monopolies, which play a central role in campaign finance for those aspiring to be President Chelsea's local branded representative, you're off to Google.

Problem is, Duke says "no can do" in Indiana.

However, hit another link recently posted on a Facebook page, and there's this.

It appears to be a procedure for reporting street light outages. I tried it this evening (marked in red below).

This week's question to the Bored, destined to remain unanswered just like the rest: Exactly what is the procedure for reporting a street light outage? Is it Duke, or must citizens take a half day off from work to pay homage to Chairman Warren in person?

And: Shouldn't this information be on the city's web site?

Also this: Is it Happy Hour yet?

Tonight is the public meeting about Duke Energy's coal ash disposal. Gahan to send summer intern with information about the Bicentennial Park Concert Series.

But remember, no Boomtown for you.

City Hall is as silent as a Bud Light & Clamato Chelada, but we're inferring that Boomtown Ball will NOT be held in 2017.

The Courier-Journal helpfully provides information on a public meeting, which (I'm guessing) few of us knew was slated to occur.

If you go:

The public meeting is 5-7 p.m. at Scribner Middle School, 910 Old Vincennes Road, New Albany.

How to comment:

The Indiana Department of Environmental Management is accepting written comments on the plan through May 28. Those comments can be sent to IDEM, Solid Waste Permits Section, Office of Land Quality, 100 North Senate Ave., IGCN 1101, Indianapolis, Indiana, attention Nick Batton.

Batton can also be contacted for more information at nbatton@idem.in.gov, according to a public notice.

C'mon, you know exactly what Team Gahan is thinking: just get on with the power plant decommissioning, and those outlawed public housing residents can be placed there, safely out of view.

Duke to close coal-ash ponds at Gallagher power plant in New Albany, by James Bruggers (C-J)

There is a Monday meeting in New Albany with Duke officials and the state has opened a public comment period

Duke Energy on Monday will be explaining its plans to close the coal combustion waste ponds at Gallagher Station power plant in New Albany.

They contain 9.3 million tons of coal-burning waste such as bottom ash and fly ash. Permanent storage or disposal of coal ash is regulated because it contains toxic metals ...

 ... The utility plans to dig out coal ash from two of Gallagher's storage ponds, according to an informational flier from the company. For three others, the ponds are to be capped, leaving the plant's coal ash in place. The company also promises long-term environmental monitoring.

Hoosier Environmental Council objects to the proposal, and its coal ash expert, Tim Mahoney, said his reading of the company's plans show the ash being consolidated on the Gallagher property. Whatever ash cannot be safely recycled should be sent to a modern landfill designed to handle the waste, said Mahoney, the council's senior policy director.

ASK THE BORED: What the hell do we do when a street light is out?

You're outside walking the pooch after dark, and you trip on a malformed sidewalk that hasn't been repaired since the Kennedy years.

"Damn," you curse. "If only the street light would have been functional, I could have minded the gap."

And so you go to the city's snazzy upgraded web site, the one where you're greeted by a billboard-sized portrait of Our Beloved Leader, in order to report the street light outage, because you know the sidewalk's gonna be toast at least until the second Chelsea Clinton administration.

So much for that. Surmising that the city probably has outsourced all such matters to the utility monopolies, which play a central role in campaign finance for those aspiring to be President Chelsea's local branded representative, you're off to Google.

Problem is, Duke says "no can do" in Indiana.

And yet, hit another link recently posted on a Facebook page, and there's this.

It appears to be a procedure for reporting street light outages. I haven't tried it yet because miraculously, all the lights on my block appear to be functional at present.

This week's question to the Bored, destined to remain unanswered just like the rest: Exactly what is the procedure for reporting a street light outage? Is it Duke, or must citizens take a half day off from work to pay homage to Chairman Warren in person?

Also this: Is it Happy Hour yet?