Lawsuit Alleges Thousands of Clean Air Act Violations by Colorado Springs Utilities

WildEarth Guardians filed a lawsuit Thursday against Colorado Springs Utilities, alleging more than 3,000 Clean Air Act violations at the coal-fired Martin Drake Power Plant and seeking more than $112 million in fines.

The accusations center on opacity measurements, which show levels of particulates that can cause coughs, aggravated asthma, reduced lung function and even premature death.

The lawsuit says state records filed by Utilities show that the enterprise has failed to continually monitor opacity from Drake’s downtown smokestacks for more than 300 hours between April 11, 2011, and Dec. 13, 2015.

Utilities’ response was succinct: “We deny the allegations.”Drake emits mercury, soot, sulfur gases, hydrochloric acid and other heavy metals. “Without proper continuous monitoring, there can be no guarantee that these pollutants are not being released at dangerous levels,” the lawsuit says.

The state records show repeated instances when monitoring of particulates – as required by the 1990 Acid Rain Program – stopped because of equipment or communications failures. Neither is an accepted excuse under the plant’s permit or the Clean Air Act.

The violations occurred at all Drake operations: Units 5, 6 and 7, says WildEarth Guardians, which has about 500 members in Colorado Springs. Since then, Unit 5 has been closed.

More than 200,000 people live within 5 miles of the downtown plant, which sits beside Fountain Creek and a popular bike path.

People living downwind of the Drake smokestacks can see and smell pollution, the lawsuit contends.

WildEarth Guardians asks that U.S. District Court order Utilities to:

  • Comply with opacity monitoring requirements;
  • Install appropriate equipment to prevent more violations;
  • Stop operations of Drake’s coal-fired units until the equipment works properly;
  • Fine Utilities up to $37,500 per violation.

“This massive coal-fired power plant is taking a tremendous toll on the health of the community,” said Jeremy Nichols, the environmental group’s climate and energy program director for WildEarth Guardians. “It’s time to confront the harmful pollution coming out of Martin Drake’s smokestacks and for Colorado Springs Utilities to acknowledge the need to move beyond coal.”

Reach Billie Stanton Anleu: 636-0371, @stantonanleu

Source: gazette.com gazette.com

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