OAKWOOD, Ill. (WAND) - The owner of the Vermilion County site where coal ash leached into the Vermilion River has proposed removing ash impoundments as part of a lawsuit settlement. 

Attorney General Kwame Raoul and Vermilion County State's Attorney Jacqueline Lacy announced Tuesday they filed a lawsuit against Dynegy Midwest Generation LLC for the "unlawful disposal of coal ash" at the site of the former Vermilion Power Station, which closed in 2011. This site is now owned by Vistra Energy, which merged with Dynegy, the former owner, in 2018.

As the I-TEAM has previously reported, coal ash pits at the plant leached into the Middle Fork of the Vermilion River. The river is Illinois' only National Scenic River. 

Prosecutors filed a motion to enter an agreed interim order which requires Dynegy to create a safety emergency response plan for the site. According to a press release, Dynegy would have to come up with a plan that "outlines circumstances that would trigger the emergency response and the procedures to be followed in the event of further contamination or erosion." It also requires the owner to "create written scopes of work for a groundwater collection trench and dewatering of the ponds, and to conduct riverbank inspections at the site." 

Further, Dynegy would have to prepare reports for public meetings at which the company will talk about closure plans by removal of the coal ash that is in the ponds. 

Vistra Energy released the following statement Tuesday after the lawsuit was announced, talking about the settlement it said was reached: 

"Since taking ownership of the former Vermilion plant site from Dynegy in 2018, the company has been clear in its belief that work is needed — work that has stalled for too long without resolution or action. That is why we are pleased to have reached a tentative settlement, pending court approval, with the State of Illinois to move forward with environmental protections at the Vermilion plant site.

"In accordance with state permits, coal ash was lawfully managed in man-made impoundments located adjacent to the Middle Fork of the Vermilion River. The proximity of the ash ponds to the river has led to concerns that contaminants were migrating from the impoundments to groundwater and ultimately to the river. As such, since acquiring the plant in 2018, we have been working diligently with the Illinois Environmental Protection Agency to come up with an acceptable solution.

"While we believe certain closure alternatives without removal (e.g., hybrid approach of removing all of the ash from one of the impoundments, placing that ash into other on-site impoundments located further away from the river, and closing the impoundments with a robust cover system) is protective, given the unique nature of the site and to resolve the pending dispute with the State of Illinois, we have agreed to close all of the impoundments by removal. Also, given the proximity of the impoundments to Illinois’ only National Scenic River, the meandering nature of the river, and the recreational uses of the river, we have agreed to take the enhanced measures outlined in the proposed Interim Order.

"We believe this is an important step in addressing the public’s long-standing concerns. These measures will address the potential impacts on area groundwater and the Middle Fork and provide for meaningful public participation as we move forward to closing the impoundments."