Mirant Chalk Point power plant sued over emissions

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A coal-fired power plant on the Patuxent River in Prince George’s County burns cheap residual fuel oil, which emits particulate matter in violation of the Clean Air Act and the lungs of nearby residents, an environmental group alleges in a lawsuit filed in U.S. District Court in Baltimore.

The Chesapeake Climate Action Network seeks a court order that would stop the Chalk Point Power Plant from operating two of at least four emissions units and impose civil penalties on the facility until it complies with the federal law. The Takoma Park-based group says the law and Maryland regulations require the plant to install stronger emissions-control equipment or use less toxic, but more expensive, distillate fuel oil or natural gas.

“The sole reason that residual oil is being burned is to lower costs and increase the profit margin for Chalk Point to the detriment of plaintiffs, neighboring residents, the public and the environment,” states the lawsuit, filed Friday. CCAN claims violations have been occurring since Jan. 4, 2006.

Companies found in violation of the Clean Air Act face civil penalties of up to $32,500 per day.

Atlanta-based Mirant Mid-Atlantic LLC owns and operates the plant at Swanson Creek. Misty Allen, a company spokeswoman, declined to discuss the lawsuit, citing the company’s policy against commenting on pending litigation.

Neither the federal Environmental Protection Agency nor the Maryland Department of the Environment has brought administrative actions against the plant.

The Clean Air Act permits citizen suits to be brought in the absence of action taken by EPA or a state environmental agency, provided the plaintiff has sent a letter — at least 60 days before filing suit — to the defendant, EPA and state environmental officials notifying them of the plaintiff’s intent to sue.

CCAN said it sent the notice Jan. 22, five months before filing suit.

CCAN states in the lawsuit that the EPA and MDE are “not diligently prosecuting an action to address these violations.” Neither agency is listed as a party to the litigation.

Joining CCAN in the lawsuit are three Mechanicsville residents and a resident of Accokeek, all of whom live within about 30 miles of the plant and claim to be harmed by its pollution. Plaintiffs Norton and Nancy Dodge, husband and wife, say they must limit their time outdoors to avoid respiratory irritants from the plant.

CCAN and its fellow plaintiffs are being represented by the Washington, D.C.-based Environmental Integrity Project, which litigates environmental claims, and the law firm Villari, Brandes & Kline PC in Conshohocken, Pa.