Undisclosed data on fly-ash site leave incomplete picture

Posted to: Chesapeake Environment Fly ash News


An aerial view of the Battlefield Golf Club in Chesapeake taken in February. (Bill Tiernan | The Virginian-Pilot )



CHESAPEAKE

Contaminants found in groundwater-monitoring wells beneath a golf course sculpted from coal ash are at alarmingly dangerous levels, according to environmental experts who have seen more detailed results of city-sponsored tests on the site.

The city refuses to release the full report of the findings, making it difficult to assess the scope of the risks that the contaminated groundwater poses to people living around Battlefield Golf Club at Centerville.

"This is serious; they have a problem," said Dr. Peter deFur, an environmental consultant in Richmond and a part-time faculty member at Virginia Commonwealth University.

"All of these heavy metals cause neurological damage, especially to the developing brain."

Water tests in nearby homes have shown no evidence that contaminants are being ingested or have affected drinking water in any of the roughly 200 potable wells in the vicinity of the golf course.

The city has provided summaries of its findings, which show elevated levels of arsenic, lead, chromium and manganese, all elements associated with fly ash.

City officials have refused, however, to disclose the complete findings of its investigation thus far on the golf course. The testing began following reports in The Virginian-Pilot that 1.5 million tons of fly ash was used to build the golf course and that safeguards such as groundwater-monitoring wells and liners in man-made lakes were not required as part of the project.

The city posted detailed summaries of the test results on its Web site on July 25, eight days after sharing some of the findings with residents living near the golf course and four days after The Virginian-Pilot filed a Freedom of Information Act request, seeking the full set of data.

The Pilot followed up by clarifying its request, asking for the complete set of consultants' records from the golf-course tests. The city provided some additional information, including a map of the well locations, but has declined to release all of the requested records.

In addition to the other heavy-metal contaminants, the findings showed mercury levels well above the state's groundwater standard.

Environmental experts who reviewed the available information from the city said it presents an incomplete picture, lacking such specifics as the depth of the sampling from each well, whether the samples were filtered and how much fly ash, if any, was on the well sites.

"Until they produce the construction diagrams for those wells, nobody knows how to interpret the data," said Charles Norris, a Denver-based hydrogeologist, who in June was part of a panel of experts that appeared before a congressional subcommittee looking at fly-ash disposal regulations.

"The numbers are there; we know they're bad," he added. "But we don't know where those numbers are coming from."

The Pilot asked the city for access to all of the records generated by the firm that conducted the tests on the golf course - Kimley-Horn and Associates Inc. - including all maps, diagrams and drawings.

The city released about 10 items, including summary charts and maps of the site, but the full report has been withheld.

"The city has provided all documents requested regarding the on-site environmental tests except those which are protected by the attorney-client privilege and the attorney work product doctrine under the Freedom of Information Act," Jan L. Proctor, deputy city attorney, said in a July 30 e-mail.

"The specific 'data set' you have requested has not been made public and is being withheld based on a determination by the city attorney's office."

"Perhaps when the report is complete, the information will be released," Lizz Gunnufsen, a city spokeswoman, wrote in an e-mail.

Under state regulations that allow for the beneficial use of fly ash, the material was trucked from Dominion Virginia Power's Chesapeake Energy Center in the Deep Creek section of the city and used to sculpt an 18-hole golf course on what had been farmland.

Last month, at a meeting with residents who live near Battlefield Golf Club, city officials released data showing, in most cases, the averages of contaminant levels from the three wells.

The newer data - posted in late July at www.CityofChesapeake.net/BattlefieldGolfClub - shows the actual readouts from each of the groundwater-monitoring wells.

"They do pose a very significant health threat," said Dr. Jeffery Foran, an adjunct professor at the School of Public Health at the University of Illinois-Chicago, who has worked on fly-ash contamination cases nationwide.

"Arsenic would be first on my list," Foran said. "We clearly know that arsenic causes skin cancer and a variety of other ailments."

The data showed arsenic ranged as high as 103 parts per billion - more than 10 times the municipal drinking water standard.

Chromium in one sampling was 302 parts per billion, or three times the standard.

Manganese ranged up to 1,540 parts per billion, or 30 times the standard.

While mercury levels were below the drinking-water standard of 2 parts per billion, samplings from all three wells were at levels four times the Virginia groundwater standard of 0.05 parts per billion.

Fly ash is a powdery residue left from burning coal to generate electricity. It contains heavy metals such as arsenic, lead and mercury that can pose environmental risks through air and water. The developers of the Chesapeake course said the fly ash used on the site was mixed with a binding agent to block any leaching.

Norris, who works with Earthjustice, an environmental law firm, said that concerns him.

"That raises all kinds of questions," he said. '"That stuff hasn't been in place very long."

In Pines, Ind., which became a Superfund site after fly ash dumped by a local power company was linked to well contamination, levels of arsenic and manganese dwarfed those detected so far in Chesapeake.

However, the dumping of about 1 million tons of fly ash in Pines had gone on for nearly 20 years; the placement of 1.5 million tons of fly ash on Battlefield Golf Club began in 2002 and ended only last year.

A map of Battlefield Golf Club at Centerville, released by the city, shows the three monitoring wells clustered in the southeast quadrant of the golf course.

Another map depicts the groundwater flow moving southeast, in the direction of homes on the eastern end of Murray Drive.

Norris, however, said the information released had established groundwater flow only in the southeast corner of the golf course, where the three wells were placed, not in other sections of the course.

It's still unclear how far the contaminants may have moved and whether the wells on any adjacent properties have been affected.

More than 80 water tests conducted during the spring at homes in the vicinity of the golf course showed no contamination, though some elevated boron levels were found. Boron can be a "marker" indicating leaching from fly ash.

Last month, after the city shared some of the test results from the golf course and asked for help from the U.S. Environmental Protection Agency, another round of water testing was conducted at nearly 30 homes in the direction of the ground water flow indicated by the recent tests.

The results are expected back within the week, city officials say.

Further testing on the golf course, in conjunction with EPA and the Department of Environmental Quality, is in the planning stages, city officials say.

Last month, the city formally petitioned the EPA for a preliminary site assessment, which is the first step in the Superfund process.

Robert McCabe, (757) 222-5217, robert.mccabe@pilotonline.com



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Quality Leadership !!!!

I don’t think city council can read a restaurant menu much less an environmental impact statement.

"undisclosed"

The full report has not been completed at this time. The reporter tries to make it sound like there is a big cover up and secret dealings that happened. The facts are that State law allows for disposal of fly ash for beneficial use. The open space created by the golf course qualifies as a beneficial use. The State law is more to blame than the developer or the City.

CJack and opinion in article

I failed to see opinion expressed in that article by the reporter. It looked like a pretty neutral recitation of the facts. If the state has a bad law that needs to be changed, that is one issue. It is mentioned that state law allows fly ash in some situations.
How is this reporter expressing his opinion here?

I don't know Mary

I'll let you know when they ask for mine back......

Facts vs. Bias

There may be some excesses and biases but that is a small price to pay to protect us against government abuse.

The press is supposed to state facts and not biased opinons in regular news articles. This isn't an opinion column. At some point all the finger pointing becomes libel. If the developer, Va Power, and the City followed rules set by the state, then the problem lies in the rules of the state. The outcome should then be a change in the laws.

AM . . .

Oops, yeah, "activist judges" didn't have the best connotation so maybe "activist journalists" would borrow connotation from that. So . . . I got the denotation right and the connotation (which can be subjective) wrong.

And . . . I traced investigative reporting/active (vs. passive, "report the story") journalism back to Woodward and Bernstein 35 years ago instead of back to the 19th century muckrakers.

Man, how many mistakes in our major field of study do you suppose we can make in one lifetime before we should give our degree back . Cheers, MGM

I'm confused Mary

you are a "English/history major type", but assert that this style of journalism is new, and are unaware of the negative connotation of "activist reporter" or "activist reporting"? I'm sure that you have heard of the attack of "activist judges" -- and hopefully laughed at the ignorance of the attack...

Investigative journalism

Remember, the First Amendment portion on free speech was not put in to give us accurate weather reports and wheat prices. The whole point was to question those in power about every action they take and make sure that they know someone is watching. A free press is the only true watchdog for American citizens. There may be some excesses and biases but that is a small price to pay to protect us against government abuse. That is probably the most important right in the Constitution, because it is the guardian of all of the other enumerated individual rights: religion, assembly, search and seizure, gun ownership, etc. Sure, some news organizations are better than others and all of them have to make money since they are free market entities, but any restrictions that we could put in place would only hamper their ability to protect us.

Poco!

No, actually I am an English/history major type who always watches trends and the language used to describe them. You're right--investigative reporting is a more precise way of putting it in today's lingo. But even if it were called activist reporting, why would that have to be a bad thing? I was asking questions, not making judgments.

In the world of the disabled (which I know via a family member) sometimes the only way some friends get action is to call a television station. Wouldn't that be the same thing--journalists "entering the story" to advocate for people who aren't otherwise organized to advocate for themselves?

I don't even play golf . Cheers, MGM

Fly Ash-Pesticides, What's The Difference

Here comes a follow up to Silent Spring-Let's call it "Silent Fall"

Mountain of Fly Ash Next to VA Power!

Has any agency looked into the mountain of fly ash next to Va Power near Deep Creek and adjecent to the Southern Branch of the Elizabeth River? Next time you drive over the High Rise Bridge, look at the big green mountain next to the Power Plant. Guess what's below it and possibly leaching into the river? The moutain of ash is higher than MT Trashmore!!!

Thank you VP!

Without the VP reporting on this, it could have been years if not decades before the problems would have shown up. By then, people's health could have been seriously affected. If corporations can get away with not taking care of contaminates properly, you can bet they will! Remember Love Canal? There are many other similar situations out there that wouldn't come to notice if reporters didn't investigate them. It is all fine and good to call it 'activist journalism' when it isn't affecting you or your family. In this case, the City of Chesapeake has really dropped the ball. Also, over that entire area, there are only THREE test wells and they are all grouped together. What about the rest of the area? That seems very questionable to me too.

Don't forget the highways

How much of this stuff was used for the Expressway and other road building?

Hey marym63204

Why don't you tell us what your connection with the golf course is? I think that negligence on the part of city government in order to benefit the relatives of state government (Terry Suitt's kid/golf course owner) is worthwhile reporting. And BTW, it's called investigative reporting, not activist reporting.

Keep it up VAP

Who Cares Who advocates

as long as the citizens are being represented and protected. This golf course issue is a prime example of dreams of grandeur projects, being rushed into without thoroughly researching the project. Our City Council on too many occasions approves items without considering what may go wrong. Why are we taking the word of other people's consultants, without hiring our own. Smiling Earth Energy (SCAM), Bell Harbor (Housing in an Industrial zone) Accident waiting to happen. We need City Council to stop thinking about large tax revenues and think about the safety of the citizens. I pray that no citizen becomes ill from this pathetic approval of the fly-ash golf course.

Mike!

Well, you answered the question then--you consider "community protection" to be the legitimate job of journalists. They can only do that by "inserting themselves into the story" so to speak. Cheers, MGM

Can anyone tell me?

What about the people, like me, that live just slightly over half a mile from the golf course? According to the odometer in my car, I live .7 miles away. I have not received any flyers, letters, etc from anyone concerning this health threat. If this stuff is leaching into the ground water, it's only a matter of time for it to reach our wells also. Who can we get in touch with concerning getting our wells tested? I've heard there's a class action lawsuit started, anybody know who's handling it? I don't understand why the notification limit was set at half a mile???

The City must release all documents

Let the sun shine in on this Chesapeake. If you're not willing to do that, the mayor and all elected and appointed officials should move to houses in this location to demonstrate their confidence that it's safe to live there.

Activist journalism

I am also glad the Pilot is keeping this story in the headlines. All too often items like this get reported, and then due to legal processes, nothing comes out and it goes to the back burner because another BIG headline comes along. It gets forgotten. Most of America suffers from Media ADD because we have so much tossed at us in pictures, stories, video. People forget the story from last week. Which works in favor of the ones who are being questioned (the city, the government, the developer, etc.) I've been following this, and I'm glad the Pilot continues to report. Keep it up.
It appears to me that the city screwed up in allowing fly ash to be used without the usual safeguards. Binding agents? all well and good, but wouldn't using liners have been a good idea also? Since this is smack in the middle of a residential area? Just because the tap water doesn't show signs of contaminents NOW..doesn't mean

Missing?

Nice misleading title. I don't think the final reports are in yet. Maybe we need an article that talks about the final results. It sounds like some preliminary results are in and somehow that is some big coverup? Let's wait till we hear all the information before we hear from the earthjustice mouthpiece.

Keeping the issue alive

I for one am thankful for the Pilot keeping this issue alive. You might call it activist journalism, I might call it community protection. I live not far from this BIG MISTAKE of "beneficial use" of fly ash. If anyone had done any research, and not just listened to the consultant, the City would not be in this predicament in the first place. The web abounds with articles concerning poor management of fly ash and corresponding ground and surface water contamination. It is beyond me to understand how they could have thought dumping this stuff on the open ground without any protection at all is "benefical use". It won't leach - we mixed it with a binder say Virgina Power and it's consultant. Yeah right. Where is common sense? Did anyone do a standard leachate test BEFORE it was dumped?

pollutant plumes travel slowly - city hides information

That a governmental entity would hide pollution-related information is not surprising but is properly categorized as news. With too often tragic consequences, protecting investors has become a primary duty of bureaucrats, appointees, and elected politicos, protecting health far less important. Citizens are left to wonder what information is being hidden by the local government.

open govt

Release the report, Chesapeake. You represent the people, not the developers.

Water tests in nearby homes

Water tests in nearby homes have shown no evidence that contaminants are being ingested or have affected drinking water in any of the roughly 200 potable wells in the vicinity of the golf course.

Sure makes one wonder if The Pilot getting paid by the environmental lawyers to keep repeating itself as if something has changed?

Story number 20? 25? all say the same thing?

we all get it now. You dont wanna make Fly ash tea.

But How about this though. How about We wait until something changes before the next story?

why worry.....

I don't understand....why the big worry about something a golf course was built with harming me? I don't play golf. But I do visit restaraunts and public places that the City of Chesapeake allows smoking of cigarettes and cigars in several times a week and I don't see them doing anything about that direct and constant danger. Thanks for your support!

Here's an idea

Here's an idea...wait for the EPA study and then write a story rather than making up some lame reason to headline the exact same information as before.

Mary, you are a tad behind the times

by about 100-200 years. "Activist journalism" is an attempt to rebrand what in the 1800s would be "muckrakers". Investigative reporting is not new to journalism, and I am confused as to why you think it would be...As for your assertion that the pilot is "making news" with this story, that is incorrect as well. The act of Chesapeake using flyash made the story, and remember, this would not be the first time pollutants in Chesapeake water made the news. Remember the miscarraige lawsuits? Also, this story is also a followup of an April 2008 pilot article: http://hamptonroads.com/2008/04/water-quality-near-chesapeake-golf-course-good

Activist journalism . . .

I am not sure whether this is a good thing or a bad thing so I am throwing it out there as a question.
In this golf course situation, the Pilot has clearly become activist, spearheading the inquiries that turned up the contaminated groundwater.
It used to be that people would say "journalists *report* the news; they do not *make* the news" but since Woodward and Bernstein, that is becoming less and less the case.
So . . .
1) Who would have advocated for these folks living near the golf course and their wells if not the Pilot?
2) Was it the Pilot's job to do so? Is activist journalism something we should now accept as part of the job someone takes on when they attend journalism school?
3) Is this a pretty clearly defined fight between the Pilot and the city of Chesapeake? Cheers, MGM


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