COLUMBIA, S.C. (AP) — South Carolina Electric & Gas has settled a lawsuit accusing the utility of illegally discharging arsenic and other contaminants into a river near Columbia.

The settlement announced on Monday includes an agreement to remove all of the coal ash now being stored at the Wateree Station near Eastover, according to attorneys for the Catawba Riverkeeper Foundation.

SCE&G, a unit of SCANA Corp., operates a 700-megawatt, coal-fired power plant near Eastover, about 25 miles southeast of Columbia, and stores a coal ash byproduct in earthen lagoons near the Wateree River. The environmental group sued SCE&G earlier this year, saying that the company stores wet coal ash in earthen lagoons near its Eastover plant and that monitoring wells near the lagoons show five times the legal limit of arsenic.

The lawsuit also says the ponds sometimes leak, sending "streams of arsenic-contaminated water out of the riverbank and into the Wateree River."

According to federal filings, SCE&G reported that in 2009 it disposed of more than 2.7 million pounds of toxic substances at the Wateree plant, including 3,100 pounds of compounds containing arsenic. In the lawsuit, the foundation says SCE&G "continues to operate Wateree Station without a permit for its ongoing discharges of arsenic and other contaminants from the coal ash impoundments into waters and groundwaters of the State."

The foundation also says SCE&G signed an agreement with state environmental regulators in 2001 that acknowledged the pollution going into the Wateree River but didn't require that it stop. Last year, in a private agreement signed with the state, SCE&G said it would remove 240,000 tons of coal ash from the ponds in the first three years, with complete removal in about a decade.

Two years ago, SCE&G opened a dry storage facility on site. SCE&G has denied any illegal discharge of pollutants. The company said in a statement that the settlement is in all parties' best interest.

"This settlement is a great example of how industry, stakeholders and government agencies can work together to produce a proactive plan that is in the best interest of all," said Jim Landreth, a vice president with SCE&G.

___

Kinnard can be reached at http://twitter.com/MegKinnardAP

Also on HuffPost:

Loading Slideshow...
  • Upper Big Branch

    Twenty-nine <a href="http://www.facesofthemine.com/faces-of-the-mine-upper-big-branch-memorial-page/" target="_hplink">miners</a> died in an explosion at the Upper Big Branch mine on April 5, 2010. The mine, located in Montcoal, W.Va., was owned and operated by the Performance Coal Company, a subsidiary of Massey Energy.<br><br>The Mine Safety and Health Administration <a href="http://wvgazette.com/News/montcoal/201009170861" target="_hplink">has said</a> that sparks from a worn-out piece of machinery combined with a buildup of coal dust caused the accident. Massey Energy has <a href="http://blogs.wvgazette.com/coaltattoo/2011/01/28/massey-continues-to-dispute-msha-on-ubb-cause/" target="_hplink">continued to say</a> that a buildup of methane gas caused the explosion.<br><br>At a public meeting detailing the federal investigation, Kevin Stricklin, coal administrator for mine safety and health at MSHA, said that there were two sets of books on mine conditions kept by Massey workers -- an accurate log that included safety problems, and a separate, watered-down version for federal and state inspectors to see.<br><br>The Upper Big Branch explosion was the <a href="http://online.wsj.com/article/SB10001424052702304450604576415683464733192.html?KEYWORDS=upper+big+branch" target="_hplink">worst</a> U.S. coal mining disaster in 40 years.

  • Crandall Canyon Mine

    On Aug. 6, 2007, six miners were trapped in the Crandall Canyon Mine in Huntington, Utah, after roof-supporting pillars <a href="http://www.msha.gov/genwal/ccSummary.asp" target="_hplink">failed</a> and ejected coal over a half-mile area. Ten days later, three more people were killed by a subsequent collapse during the rescue effort.<br><br>According to the <a href="http://www.msha.gov/genwal/ccSummary.asp" target="_hplink">official</a> accident investigation summary released by the Mine Safety and Health Administration, the catastrophe was the result of "an inadequate mine design." Unsafe pillar dimensions and an poor engineering management review contributed to the collapse.<br><br>In the above photo, family and friends carry the the body of Dale Black -- one of the rescue team members -- to his burial site at Huntington City Cemetery.

  • Darby Mine No. 1

    On May 20, 2006, five miners were killed in an explosion at Darby Mine No. 1 in Holmes Mill, Kentucky. According to information <a href="http://www.usmra.com/saxsewell/darby.htm" target="_hplink">released</a> by the United States Mine Rescue Association, the explosion was the result of methane gas that was ignited by the cutting of a metal roof strap.<br><br>The miner who was working on the roof strap with a cutting torch had a functional methane detector tucked away in his pocket, a sign that it was not being used to check continuously for the potentially lethal gas. The USMRA also says a cutting torch should not have been used at the time.

  • Sago

    On Jan. 2, 2006, an <a href="http://www.msha.gov/sagomine/sagomine.asp" target="_hplink">explosion</a> at a mine in Sago, W.Va., killed 12 workers and severely injured one. The 13 miners were <a href="http://www.msha.gov/Fatals/2006/Sago/ftl06C1-12.pdf" target="_hplink">forced</a> to barricade themselves within the mine after the explosion -- caused by elevated levels of carbon monoxide and methane -- destroyed 10 seals used to separate a closed area of the mine.<br><br>Ben Hatfield, CEO of the International Coal Group, which owned the Wolf Run Mining Company that ran the Sago Mine, received criticism when the families of the fallen miners were falsely informed that the 12 men had lived. In an interview with NPR, workers and family members who were present when Hatfield broke news of the deaths <a href="http://www.npr.org/templates/story/story.php?storyId=5134307" target="_hplink">described</a> the scene as "chaos."

  • Scotia

    In March 1976, a succession of explosions at the Scotia Mine in Oven Fork, Ky., claimed a total of 26 lives.<br><br>The first blast happened on March 9, killing 15 men. During rescue efforts on March 11, a second explosion killed 11 more.<br><br>Investigators <a href="http://www.usmra.com/saxsewell/scotia.htm" target="_hplink">concluded</a> that both explosions were caused by the ignition of a methane-air mixture inside the mine.

  • Consol No. 9

    An explosion at the Consol No. 9 mine in Farmington, W.Va, killed 78 people on Nov. 20, 1968. The explosion was followed by raging <a href="http://www.wvculture.org/history/disasters/farmington02.html" target="_hplink">fires</a> that brought rescue operations to a halt.<br><br>A <a href="http://www.npr.org/templates/story/story.php?storyId=97115205" target="_hplink">memo</a> from a federal investigator that surfaced in 2008 revealed that a safety alarm on a ventilation fan had been deliberately disabled before the explosion. The alarm, which hadn't been working for as long as 90 minutes before the blast, could have saved the lives of the 78 miners.<br><br>The tragedy at Farmington led to the <a href="http://www.msha.gov/mshainfo/mshainf2.htm" target="_hplink">passage</a> of the federal Coal Mine Health and Safety Act in 1969. That act paved the way for the <a href="http://www.msha.gov/REGS/ACT/ACTTC.HTM" target="_hplink">Federal Mine Safety and Health Act of 1977</a>, the legislation that currently governs the Mine Safety and Health Administration's activities.

  • Cherry Mine

    On Nov. 13, 1909, a fire killed hundreds of workers in a coal mine in Cherry Hill, Illinois.<br><br>According to <a href="http://www.usmra.com/saxsewell/cherry.htm" target="_hplink">reports</a> from the United States Mine Rescue Association, kerosene torches were used that day after the mine's electrical system broke down. Hay brought into the mine to feed mules that worked underground caught fire after being parked under one of the torches.<br><br>The fire quickly spread, causing the deaths of 259 men and boys who worked in the mine.

  • Monongah Nos. 6 And 8

    On Dec. 6, 1907, explosions occurred at a pair of nearby mines in <a href="http://www.msha.gov/disaster/monongah/monon1.asp" target="_hplink">Monongah</a>, West Virginia, killing 362 men and boys. The blast could be felt as far as eight miles away.<br><br>It wrecked the mine's ventilation system, allowing toxic gas to fill the area and hinder rescue efforts. Though investigators aren't certain of the <a href="http://www.usmra.com/saxsewell/monongah.htm" target="_hplink">cause</a> of the explosion, it was probably started by the ignition of firedamp -- combustible gas made up mostly of methane -- and coal dust within the mine.