As we told you earlier this week, Duke Energy has been charged with environmental violations.  This blog contains additional details.   Three subsidiaries of Duke Energy, the largest utility in the United States, pled guilty to nine criminal violations of the Clean Water Act. Four of the charges are the direct result of the massive coal ash spill into the Dan River in February 2014. The remaining violations were discovered as the scope of the investigation increased based on allegations of historical violations at other facilities. The companies agreed to pay a $68 million criminal fine and $34 million for environmental and land conservation projects, including a $24 million community service payment and $10 million for wetlands mitigation.

“The massive coal ash spill into North Carolina’s Dan River last year was a crime and it was the result of repeated failures by Duke Energy’s subsidiaries to exercise controls over coal ash facilities,” said a representative of the Justice Department. An EPA representative said of the agreement that, “companies that cut corners and contaminate waters on which communities depend [as their source of drinking water], as Duke did here, will be held accountable.”

The companies will be required to develop and implement nationwide and statewide environmental compliance programs to be monitored by an independent court-appointed monitor and be regularly and independently audited.  Results of these audits will be made available to the public to ensure compliance with environmental laws and programs.