The Price Tag for 92 Million Tons of Toxic Waste in Georgia

By Dori Jaffe

Georgia Power's Hal B. Wansley Coal Power Plant by Joe Cook via Southwings Flight

As folks head outdoors this summer to enjoy Georgia’s many rivers, streams, lakes, and wildlife, it’s important to remember that the natural environment we all enjoy needs protection. What would happen if those same bodies of water were no longer safe for swimming and boating? What if you showed up to your favorite fishing hole one day and suddenly there are signs that say “Caution: Fish in this water may contain arsenic”? 

Unfortunately, coal ash in Georgia could make this scenario a reality. There are over 92 million tons of coal ash in Georgia, and Georgia Power wants to “cap in place” over half of that coal ash. “Cap in place” is a method that leaves coal ash in giant pits without a liner to protect groundwater. A cover is only placed on top of the pit. Without a protective liner, the coal ash will continue to contaminate groundwater with toxins like arsenic, mercury, chromium, and radium. Groundwater, of course, is fluid, which means all streams, rivers, and bodies of water downstream from these coal ash pits are under threat. 

In addition to determining how best to handle toxic coal ash, decisions are being made right now on who should foot the bill. Georgia Power wants customers to pay 100% of the costs of cleaning up Georgia Power’s mess. Sierra Club continues to advocate for Georgia Power customers by working to make sure that Georgia Power pays their fair share. Last month, we filed the final brief in our appeal of Georgia Power’s 2019 rate case, where the Public Service Commission (PSC) granted Georgia Power full recovery of over $525 million in coal ash clean up costs plus a guaranteed profit. This amount just scratches the surface. The utility estimates that its total coal ash clean-up costs are nearly $9 billion, a number that’s increased by $1 billion in just under two years.

Unfortunately, the Georgia PSC went ahead and granted Georgia Power’s request to collect $525 million from its customers. They did so without asking for legally-approved closure plans and without even acknowledging or addressing whether Georgia Power should pay some or all of the coal ash clean-up costs given the utility’s history of improper coal ash disposal.  

In a blockbuster report in March of this year, ProPublica uncovered company documents going back to the early 1980s showing that Georgia Power knew the risks and costs of improperly handling coal ash. They made a business decision to cut corners, describing the estimate to properly store coal ash at Plant Scherer in 1978 as “not economically feasible.” Georgia Power has known for decades that its unlined coal ash pits are leaking toxins into groundwater. Now, the bill has come due and Georgia Power wants you, the customer, to pay for it. 

How is the problem of coal ash dealt with in other states? Last year, the North Carolina Supreme Court held that the North Carolina Utilities Commission was “required to consider all material facts...including...alleged environmental violations...and groundwater contamination from the coal ash basins,” in its determination of how to recover the coal ash costs, from the customer or the shareholders, or a combination of both. The PSC should have done the same with Georgia Power’s coal ash costs. They should have undertaken a serious analysis to determine if, based on the history of unlawful coal ash handling, it is just and reasonable to impose Georgia Power’s coal ash costs on customers. Georgia Power shouldn’t be let off the hook for its own responsibility in causing the coal ash mess to begin with. 

Georgia Power also shouldn’t be allowed to start collecting this money from customers without legally approved coal ash closure permits from the Georgia Environmental Protection Division (EPD), since without those, how Georgia Power closes its coal ash could change. Georgia Power selected “cap-in-place” for the majority of its coal ash, which is the bare minimum of what the Environmental Protection Agency requires (since the EPA won’t let the utility do nothing). It is possible that Georgia EPD could require Georgia Power to fully excavate all coal ash pits, which is exactly what is now required in North Carolina. 

Georgia’s drinking water, groundwater, streams, rivers, lakes, and wildlife are all at risk if Georgia Power gets its way. “Cap-in-place” is a non-solution that prioritizes Georgia Power’s profits over the health of our communities. The public needs to make their voices heard during the coal ash pond closure permitting process, which is a critical step prior to the PSC asking customers to fork over billions of dollars. How the PSC allows Georgia Power to recoup those costs now will have an impact on ratepayers for the next 40 years, the amount of time Georgia Power says it will need to fully close these unlined pits. 

Sierra Club’s fight for safe coal ash clean-up is far from over. To find out more about how you can get involved, go to GeorgiaCoalAsh.org. Click “Take Action” and sign up for updates.

Dori Jaffe is a Managing Attorney with the Sierra Club's Environmental Law Program focusing on the clean energy transition in the Southeast. Prior to joining the Sierra Club, she spent 12 years as an Assistant Attorney General in Washington State handling all sorts of environmental matters relating to CERCLA, RCRA, Safe Drinking Water Act, Clean Water Act and state environmental laws. Dori has a BS in Environmental Engineering and a JD/Master of Studies in Environmental Law from the Vermont Law School.