Alcoa and APGI share Stanly County’s desire to protect the health of Stanly County residents and to protect the environment by following all state and federal regulations related to waste associated with the Badin Works smelter.
Under federal law, Alcoa has a permanent legal responsibility for managing all waste associated with the Badin Works site. State County and the State of North Carolina have not and will not be asked to bear the cost of cleanup efforts for these sites.
Managing Environmental Waste in Stanly County
Alcoa has been working closely with the N.C. Department of Environment and Natural Resources (DENR) for more than 20 years to identify and investigate waste sites on its property in Stanly County through implementation of the Resource Conservation and Recovery Act (RCRA), a federal program adopted by the State of North Carolina to regulate the management of waste.
Through the RCRA process, Alcoa identified and investigated 47 potential waste sites associated with the Badin Works smelter. There were six sites that required remediation. Alcoa has spent more than $8 million to provide appropriate environmental protection at these sites and the State has determined that no further action is necessary at this time. Alcoa is completing a Corrective Measures Study (CMS) as the next phase of the RCRA process that will determine what additional measures or ongoing monitoring is needed.
County Allegations Reveal No Environmental Risks
Beginning in 2006, Stanly County officials began raising concerns that there may be additional waste sites not previously identified by Alcoa. The State of North Carolina and/or Alcoa have investigated several potential waste sites at the county’s request. In each instance, investigators have found no waste or determined that the level of waste does not pose any significant risk.
Click here to learn more about the investigation into these waste sites.
FERC: Environmental Issues Involving Badin Works are Unrelated to the Yadkin Relicensing
FERC has already told Stanly County that its environmental issues are unrelated to the Yadkin Project and outside the scope of the relicensing process.
North Carolina Water Quality Certification & Stanly County’s Legal Appeal
Stanly County has appealed the Section 401 Water Quality Certificate issued by the NC Division of Water Quality, which is required before FERC can issue a new license. The County requested a Temporary Restraining Order and Preliminary Injunction against its issuance.
On March 10, 2008, an Administrative Law Judge denies Stanly County’s request for a Temporary Restraining Order and Preliminary Injunction, noting that Stanly County “failed to demonstrate both a likelihood of success on the merits in this proceeding and irreparable injury” as required by law.
A hearing is scheduled for the week of May 5, 2008.
Click here to learn more about Stanly County’s appeal.