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19 <br />R r <br />ORANGE COUNTY •• OF • i • <br />A RESOLUTION REQUESTING LEGISLATIVE ACTION ON COAL ASH <br />IN NORTH CAROLINA <br />WHEREAS, coal - burning power plants across North Carolina <br />annually produce over 5.5 millions tons of coal ash, a by- <br />product of burning coal that contains toxic metals including <br />mercury, selenium, lead, and arsenic that can cause cancer and <br />serious damage to the nervous system in humans. <br />WHEREAS, there is a lack of federal controls over coal ash and <br />weak state regulations governing coal ash disposal, and there <br />are no clear closure requirements for coal ash ponds when coal - <br />fired power plants are retired. <br />WHEREAS, in February 2014, approximately 39,000 tons of coal ash <br />and 35 million gallons of wastewater laden with toxic heavy <br />metals were discharged into the Dan River from a broken <br />stormwater pipe beneath an unlined coal ash pit at Duke Energy's <br />Dan River power plant, and an unknown amount of untreated coal <br />ash wastewater containing high levels of arsenic discharged from <br />a second ruptured pipe into the Dan River. <br />WHEREAS, twenty -nine of North Carolina's thirty -seven coal ash <br />ponds have been rated "high hazard" by the Environmental <br />Protection Agency, meaning that pond failure will likely cause <br />loss of human life in addition to economic loss, environmental <br />damage and damage to infrastructure. <br />WHEREAS, none of North Carolina's thirty -seven coal ash ponds <br />have a composite liner. <br />WHEREAS, the North Carolina Department of Environment and <br />Natural Resources has stated under oath, in filings with the <br />court, that all of Duke Energy's coal ash ponds in North <br />Carolina are violating the Clean Water Act by discharging <br />pollutants to rivers, lakes, and /or groundwater drinking <br />supplies, and that pollution from the coal ash ponds is a <br />serious threat to public health, safety, and to water resources. <br />WHEREAS, South Carolina utilities Santee Cooper and SCE &G have <br />agreed to close out their coal ash ponds by removing and drying <br />the coal ash and disposing of it in lined landfills. <br />WHEREAS, the North Carolina Department of Environment and <br />Natural Resources has failed to require Duke Energy to cease its <br />ongoing groundwater and surface water discharge violations, and <br />despite groundwater contamination at each of Duke Energy's North <br />Carolina coal ash facilities, the utility has made no <br />