Pa. utility may face suit.(News) - Waste News

Byline: Joe Truini

A Pennsylvania power company has two months to address pollution problems at one of its plants or face litigation.

Citizens for Pennsylvania's Future notified Allegheny Energy Inc. that it intends to sue the company for air pollution violations at its Hatfield Ferry power plant in Green County, Pa.

'This plant has an appalling record of pollution,'' said Charles McPhedran, senior attorney for PennFuture. 'This disregard for state and federal law and for the health of people trying to breathe nearby must stop.''

PennFuture, with help from the Environmental Integrity Project, sent Allegheny Energy a letter Oct. 5 giving the company the legally required 60 days' notice to develop a plan to correct the alleged violations before PennFuture can file its lawsuit.

The federal Clean Air Act allows citizen lawsuits when the plaintiffs feel government agencies have failed to enforce clean air laws.

'PennFuture deserves a lot of credit to taking action on what is really a life-and-death matter for Pennsylvania's families,'' said Eric Shaeffer, EIP director.

The citizen lawsuit seeks to ensure future compliance, obtain penalties for noncompliance and recover attorney fees and court costs. The maximum penalty under the Clean Air Act is $27,500 per day for each violation occurring between Jan. 30, 1997, and March 15, 2004, and $32,500 per day for each violation occurring after March 15.

Allegheny Energy is still reviewing the letter, said Janice Lantz, a spokeswoman for the Greensburg, Pa., power company.

'Until we get a chance to go through it pretty thoroughly, we can't comment on the letter specifically,'' she said. 'We're looking forward to the opportunity to meet with the representatives of PennFuture and the other groups involved and, hopefully, we can cooperatively work to address their concerns.''

The company provides power to customers in Maryland, Ohio, Pennsylvania, Virginia and West Virginia.

PennFuture alleges that Allegheny Energy's Hatfield Ferry plant in Green County, Pa., exceeds limits for opacity, or visible air contaminants, and particulate matter, violating federal and state laws. Local residents have complained of the effects from the pollution for several years.

Contact Waste News reporter Joe Truini at (330) 865-6166 or jtruini@crain.com