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Attorneys ask EPA to investigate coal ash contamination in Mooresville

The Environmental Protection Agency told WCNC Charlotte the agency is now determining "a path forward for an investigation."
Credit: WCNC Charlotte

MOORESVILLE, N.C. — As Duke Energy downplays the risks of coal ash buried under at least 16 sites in Mooresville, including a day care, advocates have formally asked the Environmental Protection Agency to investigate the extent of coal ash contamination in the town, citing a recent radioactive sample collected from a separate location.

In a letter to EPA Administrator Michael Regan dated July 24, 2024, Earthjustice and Southern Environmental Law Center cited recent samples from a Reed Creek Park streambank they obtained that showed "elevated radioactivity." The sample identified a level of radium more than four times above approximate background levels and potentially above the EPA's cleanup standard, according to the non-profit legal organizations.

"The coal ash problem in Mooresville is not limited to the coal ash found on the stream bank. The elevated radium found in the coal ash indicates a much larger problem ... " the groups said in their letter. " ... We request that EPA investigate the threat posed by coal ash fills in Mooresville, particularly in areas of exposed ash and in areas used by the public ... Delay in determining the extent of the threat will result in a delay in clean up and potential further harm to the health and environment of residents of Mooresville."

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Their letter suggests the coal ash "was likely released" upstream when a sinkhole formed below a structural fill under the now-closed Tire Masters site. In May, Mooresville leaders assured residents limited test results found their drinking water was not compromised.  At the time, Mayor Chris Carney told WCNC Charlotte it was a relief the town wasn't dealing with the "horrific contamination" of the stream.

As a WCNC Charlotte reported Tuesday, up to 100,000 tons of coal ash, a potentially toxic coal-burning byproduct, is buried below and around Tutor Time of Mooresville. WCNC Charlotte found some of the coal ash around the daycare to be exposed and also discovered coal ash too close to the surface, which is a violation of state rules meant to protect the public.

Since regulators have apparently not tested the coal ash at the location, WCNC Charlotte collected samples near the day care and sent them to be tested, for among other things, the known carcinogens arsenic and radium. The same scientist analyzing WCNC Charlotte's sample previously tested the radium level along Reed Creek Park for Earthjustice, according to the letter sent to the EPA.

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EPA Public & Governmental Affairs Section Chief James Pinkney told WCNC Charlotte the agency is now considering the request for an investigation.

"The EPA is in the process of reviewing the request and working with the North Caroline Department of Environmental Quality to assess information received as well as determine a path forward for an investigation," Pinkney said in an email.

While advocates point out coal ash contains toxic ingredients, Duke Energy has long maintained coal ash is not toxic.

"The extremely small amount of radiation from coal ash is similar to the background radiation we experience every day from natural soils," Duke Energy spokesperson Bill Norton said in an email to WCNC Charlotte.

Duke Power legally sold coal ash as fill dirt for construction decades ago before growing field evidence pointed to far-reaching danger to humans. However, as far back as the 1970s, researchers identified elevated levels of radium in coal ash. Meanwhile, in the 1980s, a report to Congress detailed elevated levels of arsenic in coal ash.

Contact Nate Morabito at nmorabito@wcnc.com and follow him on Facebook, X and Instagram

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