Sixty-four residents of Perry County, in Alabama’s Black Belt, have filed a lawsuit against the operators of the Arrowhead Landfill for damages resulting from odor, dust and noise due to the contract to dispose of TVA’s toxic coal ash from the major spill in Tennessee’s Emory River over the Christmas holidays in 2008.

David Ludder of Tallahassee, Florida and G. Keith Clark of Birmingham, Alabama, both former attorneys with the Alabama Department of Environmental Management, filed the suit Monday against Phill-Con Services and Phillips and Jordan in Perry County Circuit Court.

According to Ludder, residents also ask court to prohibit operators from recirculating leachate in waste piles,
using coal ash or any other non-cohesive, permeable material for daily cover, and from operating the landfill in a manner that causes odor to leave the landfill site.

They are also asking the court to require operators to place a permanent cover on all side slopes of all waste cells, to prohibit operation of heavy machinery at the waste cells and rail yard and movement of large trucks along the haul roads prior to 7 a.m. or after 7 p.m.

They want the operators to pave all landfill haul roads and they are asking the court to require the institution of a truck cleaning program for all trucks leaving the landfill.

They are also asking for a prohibition on waste piles rising more than 50 feet above the elevation of the surrounding land.

Tags: TVA Coal Ash Spill

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