By: Jessica Lyons Hardcastle
May 7, 2015
Green Group Holdings says its Arrowhead Landfill facility in Alabama is ready to accept coal combustion residuals (CCR) — coal ash — from utility companies looking to avoid civil litigation risks brought on by the new federal regulations.
The EPA regulations on CCR establish disposal standards, monitoring obligations, and associated public reporting requirements for CCR landfills, most commonly owned and operated by utility companies. However, the new rule does not address enforcement, meaning interpretation and enforcement of the rule will ultimately be determined as a result of civil litigation, putting utilities that dispose of coal ash in CCR landfills at serious risk.
Beginning in October, when the rule becomes effective, citizens will be able to sue a utility to enforce any of the rule’s requirements.
As a municipal solid waste landfill, Arrowhead is not subject to the new EPA regulations and is ready to accept coal ash immediately. In fact, disposal of coal ash at Arrowhead will exceed the standards established by rule, creating for utilities a “safe harbor” solution not subject to further interpretation or dispute, and a clean transfer of obligation, Green Group says.
Arrowhead Landfill has already disposed of more than 4 million tons of CCR by its affiliate partner, Phillips & Jordan, according to Green Group CEO Ernest Kaufmann.