Caution demands a halt in use of fly ash

Federal and state regulators believe using fly ash in construction and other projects is a smart, safe way to dispose of a byproduct of burning coal for electricity.

But following the discovery of contaminants in the groundwater at a Chesapeake golf course, regulators need to bar the practice until they can ensure the safety of Virginians living near those projects.

Last week, Chesapeake officials announced that high levels of arsenic, lead, aluminum and other contaminants were found in groundwater wells at the course, which was built from tons of the powdery stuff sculpted into 18 holes. Those toxins are linked to all kinds of diseases and other health problems.

In a landfill, fly ash is regulated much more stringently. When it's a so-called "beneficial use," fly ash is considered a "coal combustion byproduct," and state regulations are much more lenient. For example, owners of the Battlefield Golf Club at Centerville didn't have to install a liner to keep fly ash or its chemicals from leaching into groundwater.

Which begs the question: Who "benefits" under this kind of system?

Utilities do, because they save big on disposal costs. Dominion Virginia Power was so eager to unload its fly ash that it paid the golf course to take all 1.5 million tons.

The course's owners do, because they had the fill they needed to contour the course over its 217 acres.

Neighbors, who generally knew nothing of those business arrangements, most certainly did not benefit from the deal. Homeowners are now wondering whether their drinking water is safe. Some 200 potable wells are in the immediate vicinity.

According to the state Department of Environmental Quality, 14 projects across the commonwealth fit the "beneficial use" category, including the golf course. Another fly ash project, in Wise County near the New River, has drawn the ire of local county residents.

In light of the Chesapeake and Wise County projects, DEQ has formed a state panel to re-evaluate the use of fly ash in commercial applications. The panel's next meeting is Aug. 13 in Glen Allen, said Bill Hayden, a DEQ spokesman. Several industry and utility members are on the panel, including a Dominion representative.

DEQ is limited in what it can do about fly ash, Hayden added. Commercial projects don't automatically require a permit or a public hearing.

Lawmakers in the General Assembly need to step in. At a minimum, they should examine the use of fly ash in such applications. It may come with some risk to their careers: Dominion is the sixth-largest contributor to state campaigns in 2008, according to the Virginia Public Access Project.

Here's the far greater risk: putting substances in groundwater and the air that could harm Virginians.