An
environmental group sued Reliant Energy Inc., claiming the energy
company violated its Clean Water Act discharge permit by pumping water
with illegal levels of potentially toxic metals into a river near one
of its power plants.
The Houston-based co-owner and manager of the Conemaugh Generating Station in New Florence illegally discharged into the Conemaugh River, according to the suit PennEnvironment filed Tuesday in U.S. District Court in Pittsburgh.
Violations occurred "practically every day" the coal-fired plant has been operating over the past two years, the group said.
In
February, PennEnvironment notified Reliant that it intended to sue,
hoping that would prompt the Reliant to comply with the act.
"There
was no communication or response whatsoever. We gave them the
opportunity to do what the federal Clean Water Act requires," David
Masur, director of PennEnvironment, said Wednesday.
PennEnvironment
said the violations could hamper efforts to clean up the river, which
has suffered from acid mine drainage and industrial discharges.
Pollutants in the discharges can be made worse by acidic water,
according to Masur.
In
a statement, Reliant said it was complying with an agreement it has
with the state Department of Environmental Protection covering
wastewater discharges.
The
agreement acknowledges that technology does not yet exist to enable
Reliant to meet the discharge levels, and instead established those
levels as goals. The deal also calls for Reliant to monitor new
technology and have it in place by 2011.
Reliant
has a 16 percent share of the plant, which it operates for a consortium
of eight owners. It generates 1,700 megawatts annually.
Conemaugh
regularly violated its discharge limits for aluminum, boron, iron,
manganese, and selenium, and had violated its monitoring requirements
for mercury, according to PennEnvironment.
The
plant, which sends 2 million gallons of water daily into the river,
exceeded its daily maximum and monthly average discharge limits for
various metals nearly 200 times between February 2005 and October 2006,
according to PennEnvironment. That number was based on monitoring
reports that Reliant submitted to the state Department of Environmental
Protection.
"One
of the great things about the Clean Water Act is that it has the
citizens suit provision," Masur said. Citizens can seek a court order
requiring compliance with the law and a monetary penalty of up to
$32,500 per day for each violation of the Act.
"When
facilities won't obey clean water standards, this important part of the
Clean Water Act allows the public to take the law into their own hands
and make sure the right thing happens."
