AES Corporation illegally dumped 100 million pounds of toxic coal as on a pristine beach in the Dominican Republic. After acute health problems came horrible birth defects, Complaint alleges.

Birth Defects from Illegally Dumped Toxic Coal Ash

An Environmental Crime Scene

A green hillside gently slopes down to Samana Bay in the Dominican Republic. For generations it had been a local gathering place where proud and poor families in the rural village of Arroyo Barril launched their fishing boats, enjoyed land and water recreation.

But then, beginning in 2003, this pristine hill became an environmental crime scene at the hands of AES Corporation, ("AES") a multi-national, Arlington, Virginia-based power generating conglomerate with plants in 29 countries, according to a lawsuit recently filed by the victims.

The residents allege in their complaint that AES illegally dumped approximately 100 million pounds of toxic coal ash waste onto the Arroyo Barril beach in the island's northeast, and approximately 60 million pounds onto a beach off Manzanillo Bay in the Dominican Republic's northwest.

This toxic coal ash had been generated by AES's coal-burning plant in Guayama, Puerto Rico. When Puerto Rico power authorities granted permission for AES to generate electricity on the island the power company was required to remove its coal ash waste from the island. Instead of transporting it to landfills with the proper clay linings as recommended by the U.S. Environmental Protection Agency they put it on barges and dumped it onto pristine Dominican Republic beaches.

Eight Toxic Heavy Metals

AES told Arroyo Barril residents that the coal ash waste, which it called "rock ash", was harmless, a construction aggregate.

But the gray mountains of toxic-coal-ash—millions of pounds of dust, large rocks, medium rocks, smaller stones, pebbles and sand-like fragments—were anything but harmless. They contained varying amounts of dangerous heavy metals including arsenic, beryllium, cadmium, chromium, lead, mercury, nickel and vanadium.

Immediate Injuries

The toxic coal ash immediately caused breathing problems and skin injuries to residents of Arroyo Barril who constantly were buffeted with onshore breezes loaded with wind-blown ash. Breathing and skin problems continue today. Much of the mountains of ash was taken away and the remaining material has been whittled down by being dissolved into the groundwater, flowing into the water's edge or being dispersed across the Samana region by the winds. Some of the coal ash was transported to another island location. The toxic coal ash that remains today is hidden in many areas by a thick growth of vegetation. Looks are deceiving.

Horrendous Birth Defects

Following the dumping and its immediate consequences, an even more grotesque chapter is being written in this environmental horror story. The ash that islanders were told was harmless but caused acute and chronic health problems is a toxic time bomb causing horrendous birth defects.

Dominican Republic Government Sues

In 2006 AES settled a federal lawsuit with the Dominican Republic for just the environmental consequences of the illegal dumping. The settlement including nothing to compensate Dominicans injured by the illegal coal ash dumping. Details of the settlement remain under seal.

Now On Behalf of Victims

On November 4, 2009, on behalf of eleven plaintiffs in Arroyo Barril, two of whom died after birth, a landmark Complaint was filed in Delaware Superior Court seeking damages from AES and its companies for the human toll the illegal dumping has caused. Law firms in New York City, Philadelphia and Wilmington, Delaware comprise the legal team prosecuting this case.

The Complaint also seeks to compel AES to provide a comprehensive medical monitoring regime for the plaintiffs during their lifetimes. Serious medical problems, including lung and other cancers which take decades to appear, are expected to develop from pervasive exposure to toxic coal ash.

Case Caption

This case is captioned: ANAJAI CALCAÑO PALLANO, Individually, and as Parent and Natural Guardian of MAXIMILIANO CALCAÑO; MARIBEL MERCEDES, Individually, and as personal representative of the Estate of "BABY MERCEDES;" MARIBEL ANDUJAR MEDINA, Individually, and as Parent and Natural Guardian of ISAEL ALTAGRACIA ANDUJAR; ROSA MARIA ANDUJAR Individually, and as personal representative of the Estate of "BABY OLMOS;" MARIA VIRGEN DEOGRACIA, Individually, and as Parent and Natural Guardian of ESTANLYN GARCIA DEOGRACIA; and AMPARO ANDUJAR, Plaintiffs, v. THE AES CORPORATION, AES ATLANTIS, AES PUERTO RICO, LP, AES PUERTO RICO, INC., and AES PUERTO RICO SERVICES, INC., Defendants