If you read newspapers in the counties near the Middle Fork of the Vermilion River, you’ve probably seen the river’s name show up nearly a dozen times in the past few months. A wide range of voices have spoken about the need to protect our only National Scenic River, including many long-time champions for the river as well as the editorial boards of Champaign’s News-Gazette and Danville’s Commercial News.
We’re only a few months into 2019, but here’s everything that’s happened so far.
For months, the Illinois EPA has been reviewing Dynegy’s closure plan for the coal ash, deciding if the ponds should stay in the floodplain with a cap or be removed to a safe, modern landfill. On March 22nd, the Illinois EPA took the next step and referred the coal ash pit case to the Illinois Attorney General Office. This means the Illinois EPA has decided enforcement action is necessary to get cleanup from Dynegy. While this is encouraging, it does not mean the fight for the Middle Fork is over. The devil is in the details, and Illinois EPA has not directed the Attorney General on how they wish Dynegy to close their ash ponds–so a cap may still be on the table.
On March 26th, Prairie Rivers Network, represented by Earthjustice, filed a complaint against Dynegy to the Illinois Pollution Control Board for their groundwater pollution and surface water discharges. We see this as a necessary next step to ensure that the Middle Fork is permanently protected. This state level lawsuit will be our second lawsuit related to Dynegy’s coal ash on the Middle Fork. Our ongoing Clean Water Act lawsuit has been temporarily put on hold, awaiting a precedent-setting decision from the US Supreme Court that could impact our case. With the federal lawsuit on hold, taking action in the state venue was necessary.
Finally, the first and potentially only public hearing on the Middle Fork coal ash issue was held in Danville last week. The hearing concerned Dynegy’s proposal to dump a massive 20,000 tons of rocks on the river bank as a way to slow the erosion that threatens the coal ash. Thank you to everyone who came out to speak for the river. The Illinois EPA heard from concerned members of the public sharing a powerful combination of personal stories of connection to the Middle Fork as well as technical comments on the inadequacies of the Illinois EPA’s tentative decision to approve the plan. A highlight of the night was when Cindy Shepherd with Faith in Place asked the audience if they thought the coal ash should be removed from the floodplain–and was answered by a sea of raised hands.
At the hearing, Prairie Rivers Network called for a smaller, removable bank stabilization project while the question of what to do with the coal ash is resolved. Should the ash one day be removed from the floodplain of the river, it would be a shame to leave behind a massive stone scar on the riverbank for decades. We can protect the river now with a more limited solution that address the threat of collapse.
