SALEM — The Conservation Law Foundation filed suit yesterday against Dominion Energy, owner of the Salem Harbor Station power plant, alleging "hundreds of violations" of the Clean Air Act.
The private, environmental group said the power plant, which burns coal and oil, has repeatedly released unsafe levels of soot containing harmful chemicals, metals and ash.
"This plant in particular, because it's so old, has demonstrated they can't come into compliance," CLF attorney Shanna Cleveland said. "We're advocating they close down."
CLF is also asking the court to fine Dominion $10.7 million, Cleveland said.
The lawsuit cites 317 violations of smokestack emissions limits over the past five years, with the last count at 31 in 2009.
"It's likely there have been more this year," she said.
The violations were documented in Dominion's own quarterly reports of monitoring at the power plant, Cleveland said.
A spokesman for Dominion, which is based in Virginia, said the company hasn't been served the lawsuit yet, but said the coal plant is not in violation.
"The Salem Harbor power station is in full compliance with all federal and state regulations," spokesman Dan Genest said. "And Massachusetts regulations are among the stiffest in the country."
The lawsuit, filed yesterday afternoon in U.S. District Court in Boston, focuses specifically on opacity, a measure of the darkness of the plume coming out of the plant's smokestack, which is an indication of the amount of soot, or small particles, in the emissions. Even short exposure to the soot can cause heart and lung problems, according to the Conservation Law Foundation.
Opacity levels must remain below 40 percent, but Cleveland said many of the plant's violations are in the 60 percent range.
"They reported up to 87 percent on one occasion," she said.
The lawsuit has been a long time coming. The agency filed notice in January that it intended to sue, with the local group HealthLink as a co-plaintiff in the case. HealthLink, a grass-roots environmental group, has been battling the power plant since the group formed in 1997.
Cleveland said CLF would like to take Dominion to trial. If the company is willing to pay the $10.7 million fine, or "come into compliance" — which she said would probably mean shutting down — CLF would consider settling.
"If they intend to keep this old dinosaur running, they need to operate in compliance with the law," she said. "We're ready to take this all the way through."
Salem Harbor Station was built in 1951 and expanded in 1958. Dominion has operated the plant since 2005. The plant has an oil generator but burns mostly coal imported from Colombia.
Staff writer Cate Lecuyer can be reached at clecuyer@salem news.com.
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