The agreement governs the company’s continuing responsibilities for the removal of coal ash from the Dan River under the Comprehensive Environmental Response, Compensation and Liability Act.

Duke agreed to the continuation of surface water, drinking water and sediment assessments and monitoring as determined by the EPA, to detect the presence of contamination until a removal site assessment has been completed.

The company agreed to undertake the removal of remaining coal ash from the Dan River in accordance with an EPA-approved work plan, which would include avoiding disturbance of sensitive ecosystems or legacy contamination in the Dan River.

It also agreed to pay to the EPA all past and agreed-upon future direct and indirect costs incurred by the government in connection with the implementation, oversight and enforcement of the agreement, as well as penalties ranging from $US1000 ($A1082) to $8000 per violation per day for failure to comply with the agreement or up to $500,000 in the event the EPA assumes the performance of work under the agreement.

The total cost to the company of compliance with the agreement could not be estimated by the EPA.

However, EPA’s requested reimbursement costs to date have been less than $1 million.

The total costs to the company to remediate the Dan River steam station ash basin release, including costs under the agreement, are not expected to be material to the company.