Dive Brief:
- South Carolina Gov. Nikki Haley (R) has signed a bill requiring coal ash disposed in the state to be stored in a Class 3 landfill, potentially drawing a lawsuit from a company who struck a deal in an area that does not allow the higher standard.
- The law is aimed at out-of-state parties disposing of coal ash in South Carolina. MRR Pickens has plans to build a landfill near Liberty, S.C., but the Pickens County Council passed a resolution opposing that plan.
- The landfill being developed is Class 2, and though it is built to the higher standard would not be able to accept coal ash. Counsel for MRR has said the company believes the law is "discriminatory" and "unconstitutional."
Dive Insight:
The law signed yesterday by Gov. Haley could wind the Palmetto State in court, attorneys from MRR are signaling. Though the Greenville News is still waiting on comment from the company, their attorney Robert Goings told the newspaper the law is "discriminatory and unconstitutional."
State officials, of course, see it otherwise. "It is absolutely essential that we protect our environment from out-of-state waste, and I’m proud to help bring these much needed protections into law," Haley said, according to the Greenville News.
The law is unsubtly aimed at out-of-state deals, since utilities in the state are already using the higher standard. The state Department of Health and Environmental Control approved MRR to construct a landfill to accept coal ash, but the proposed landfill is Class 2, and the DHEC didn't upgrade the facility to a Class 3.
And the landfill being developed would have met the higher classification, but the city council no longer allows Class 3 landfills.
Lawmakers in the Senate voted 39-0 to pass the legislation, which requires drainage, liners and monitoring equipment. “This protects our environment,” Sen. Larry Martin (R) said before the state's Senate. “This is a very solid piece of legislation.”
The bill follows a trend of Southeastern coal-heavy states that are trying to deal with the waste of that generation. From Georgia to Virginia,North Carolina and now South Carolina, coal ash debates are now going on in state legislatures and environmental protection agencies across the region.