Duke Energy 'Settlement' Slashes Fine, Grants Amnesty for Coal Ash Pollution

North Carolina regulators on Tuesday agreed to dramatically slash a fine initially imposed on Duke Energy for its coal ash pollution at a site in the west of the state—and grant the company amnesty for dumps at all of its 14 locations—prompting outcry from communities and environmental organizations.

“In another typical move, DEQ [Department of Environmental Quality] is cutting Duke Energy a break and failing to demand action,” said Amy Adams of the advocacy organization Appalachian Voices. “Apparently, they missed the state motto, Esse quam videri, ‘To be rather than to seem,’ because seeming to be environmental protectors is about all they have done with this settlement.”

The deal was struck during a court hearing between Duke Energy and DEQ, which changed its name from the Department of Environment and Natural Resources due to an apparent reorganization of state departments earlier this month. It stipulates that DEQ will abandon charges over pollution at the L.V. Sutton power plant, where high levels of boron were found in groundwater.

Going further, the deal will settle groundwater contamination cases at all of Duke’s 14 coal ash dump locations across the state.

Duke, for its part, will be required to pay a $7 million fee to the state. This averages to $500,000 per site, including the Sutton location—for which the company had originally been fined $25 million.

Therefore, Tuesday’s deal effectively cuts the Sutton fine by 98 percent, the Southern Environmental Law Center pointed out Tuesday.