Dominion on the hook in fly ash dispute

Chesapeake City Manager William Harrell, in seeking help from Dominion Virginia Power and others because of problems at a local golf course, might not have a legal leg to stand on, but he sure has a moral one.

In 2001, a utility executive calmly assured the City Council that a plan to use 1.5 million tons of fly ash as fill at the course would not cause environmental problems. The council then quickly, and unanimously, approved a permit that was sought by owners of the course, known as Battlefield Golf Club at Chesapeake. What seemed routine then is anything but that now.

Reports of recent groundwater tests have shown elevated levels of arsenic, lead and aluminum. They pose a potential health threat, especially to the homeowners nearby who use wells for their drinking water. The city now might extend water lines to the area, which is not far from the Fentress airfield. That could cost $4 million to $6 million.

Earlier council and city officials did not do nearly enough in protecting their constituents, or in investigating the safety of fly ash. When the substance, a byproduct of burning coal for electricity, is placed into a landfill, it faces stricter regulations than when it's disposed as part of a "beneficial use" project. For example, liners weren't required at the course.

But Harrell is pressing Dominion, Chesapeake's biggest taxpayer, to do the right thing and assist in paying for the water extension. He also wants other firms that played a role in developing the course to possibly cough up bucks in the project.

Would it fly in court? Maybe not. These entities, however, should help the city mitigate whatever harm could come to nearby residents and businesses, in a project that's causing more scrutiny with each passing day.