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y ass-/� <br /> RES-2014-026 <br /> 6-el <br /> ORANGE COUNTY BOARD OF COMMISSIONERS <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 />