Coal ash ponds subject to Pollution Control Board hearing

Midwest Generation is reconsidering its earlier proposal to close one coal ash pond and remove another as it asks the Illinois Pollution Control Board for changes in coal ash handling at its decommissioned Waukegan power plant.

Local officials, including Waukegan Mayor Ann Taylor, pushed Midwest to remove both ponds. State Sen. Adriane Johnson, D-Buffalo Grove, and state Rep. Rita Mayfield, D-Gurnee, have introduced legislation in the Illinois General Assembly that would require repeal.

The Midwest is seeking clarity, with the Illinois Environmental Protection Agency (IEPA) setting specific rules for coal ash treatment and the U.S. Environmental Protection Agency (EPA) proposing its own regulations.

Lawyers for Midwest Generation and IEPA presented evidence at a hearing before the Illinois Pollution Control Board at City Hall in Waukegan on Tuesday; here, the Midwest hopes to receive adjustments to the state’s current standards for coal ash treatment.

Hearing officer Brad Halloran said the purpose of the scheduled two-day hearing is to hear testimony from witnesses from both Midwest Generation and IPEA (IPEA opposes the request) as part of the decision-making process.

After the hearing was transcribed, Halloran said both Midwest Generation and IEPA will submit written briefings to the board before a final decision is made. Marie Tipsord, the board’s general counsel, said it could take several months for the decision to be finalized.

One of the coal ash ponds on the shores of Lake Michigan is adjacent to the lake, the other is next to it, and to the west of the ponds is a 10-acre parcel that eyewitnesses described as a “grassy area”.

Sharene Shealey, Midwest’s environmental director, said during testimony that the grassy area may also contain some coal ash residue.

Shealey said Tuesday’s hearing was about the treatment of the grassy area. He said it would be difficult to comply with both the EPA and IEPA, which is one of the reasons the company wants Waukegan to be treated differently.

“It would be a very complicated and complex task to comply with both,” Shealey said on the witness stand. “EPA’s rules are not final yet,” he added after leaving the stand. “We’re still waiting for them.”

Before Midwest Generation finished presenting its case, the hearing panel heard comments from more than 20 members of the public, including Taylor and environmental activists, in a packed room of more than 100 people.

Taylor said the company has refused to cooperate with the city to eliminate the pollution its coal furnaces have created for nearly a century. Waukegan’s industrial past already includes five Superfund sites for other polluters, most of them on the lakeshore.

“Waukegan residents cannot afford the financial cost of another environmental disaster caused by a private company,” Taylor said. “This company is failing to adequately address pollution. Waukegan residents deserve better.”

Although the company initially proposed closing the east coal ash pond and removing the west one more than two years ago, it is now looking for a different solution for the west pond, Shealey said in an interview after his testimony.

In his message, Johnson said both ponds should be removed to protect the health of residents and help the environment. He plans to continue working with Mayfield and his colleagues to ensure all coal ash is removed from the site.

“We must prioritize the health of Waukegan residents and reduce environmental hazards,” Johnson said. “Therefore, it is imperative to remove coal ash rather than ‘putting the cap back on’. Waukegan deserves better.”