The large coal pile at the Sprague Energy terminal is seen from Cassidy Point Drive in Portland in June 2023. (Brianna Soukup/Staff Photographer)

PORTLAND — A 45,000-ton coal pile on the city’s waterfront that has for years been a source of complaints from neighboring residents and businesses is set to be removed by 2030 thanks to a measure adopted by the City Council on Monday.

Councilors voted unanimously to approve an order that will prohibit large coal piles in the city. The measure requires coal piles over 1 ton to be permanently covered by 2027 and removed by 2030.

A permanent covering for the pile would entail a coal storage dome with special ventilation to let heat out. That’s necessary because of the pile’s history of spontaneously catching fire, Sarah Southard, a nurse practitioner and member of local advocacy group Coal Free Portland, said earlier this summer.

An Act to End Fugitive Coal Dust was brought to the council after local organizers collected thousands of petition signatures. Councilors could have chosen Monday to send the measure to city voters in November, but they instead opted to adopt the legislation outright.

Councilor Regina Phillips, chair of the sustainability and transportation committee, said early in the meeting that she wanted the council to adopt the legislation, and she urged colleagues to bypass the process of bringing it to the November ballot.

“I’ve seen pictures, I’ve seen videos of how the coal pile can catch on fire and combust all on it’s own. I’m not even going to get into all the health conditions … this is a huge thing. This isn’t something that we need in our city,” said Phillips.

While the new measure will apply to any future coal piles, it specifically targets the 45,000-ton pile — by far the city’s largest — that resides on a waterfront parcel owned by Sprague Energy. That pile has drawn complaints from nearby residents and businesses who worry the coal dust is spreading onto their properties, causing health and cleanliness problems.

Though the ordinance language does not directly target Sprague, the pile on the company’s property is the only one in Portland greater than 1 ton. Two other piles, both less than 1 ton, are on land owned by the Narrow Gauge Railroad in the East End and at a blacksmith in Stroudwater.

The Cassidy Point coal pile receives shipments of coal by barge about twice a year, and loads are regularly delivered by truck to ND Papermill in Rumford. It accounts for about 6% of the energy the mill runs on, according to Southard.

The new legislation levies monthly fines against people or companies that fail to cover or remove coal piles — $3 for every ton beyond the first, which would work out to about $135,000 per month for the Sprague pile. Those funds would be put in the Portland Climate Action Fund as a part of One Climate Future, a joint initiative from Portland and South Portland to reduce emissions.

Sprague has previously declined to discuss the coal pile and did not send a representative to speak at Monday night’s meeting.

COAL FREE PORTLAND

The proposal was brought to the council after volunteers from Coal Free Portland gathered thousands of signatures on a petition this spring.

“We found it important to introduce an ordinance to get public support behind this, because when we worked with state officials, we found there were no rules that protect people from being exposed to the dust,” said Southard in an interview Monday prior to the council meeting.

Southard said Coal Free Portland only sought to ban piles weighing over 1 ton because of a 2018 Carnegie Mellon University study in which researchers created a formula to determine the health and pollution effects from tons of coal and found that $197 worth of air pollution costs are incurred per ton.

Several councilors spoke in favor of the order on Monday night.

“I want to thank the individuals who keep pushing for the city to take action on this. It’s been almost three years,” said Councilor Pious Ali. “This makes it easy, nobody will have to campaign for it if we just pass it tonight.”

Councilor Ben Grant also lauded the work done by the organizers who brought the measure before the council.

“I wanted to highlight the hard work that went into this from all the folks we have heard from. I’m happy to support it because all of our people deserve a clean community and good health,” Grant said.

PUBLIC SUPPORT

The majority of people who spoke during the public comment period Monday favored the measure.

Tod Dana, who owns Asia West, an imported furniture store next door to the coal pile, said he has seen the impact it has had on the area.

“Despite Sprague Energy’s assurances of containment and mitigation, I experience firsthand the fine coal dust that escapes the coal pile and settles on my property,” he said.

Dana went on to say he sees the snow around his building turn black in the winter on days when coal is being moved. He also said he’s seen a thick black sludge come from the pile after heavy rain.

“This is not an occasional occurrence, it’s a constant and worsening issue,” said Dana.

Dr. Colin Phillips, a cardiologist in Scarborough, said he also supports eliminating the pile.

“Industrial coal dust is a citywide emergency that is happening in real time right now,” said Phillips. “We have data demonstrating just how dangerous that coal dust is. We can no longer turn a blind eye to it.”

Phillips outlined the myriad health conditions that the pile poses, including lung damage, heart attacks and asthma.

“These damages amount to $11 million a year in health costs … Now is the time for action,” said Phillips.

About a dozen other people spoke in favor of eliminating the pile. One speaker spoke against the measure.

George Rheault told the council during public comment that the council hasn’t thought the ordinance through thoroughly enough to pass it.

“I do want to ask you let this debate play out because this is the debate we’re having about most everything in Portland,” said Rheault. “This is the working waterfront, this is what a working waterfront looks like. It’s dirty, its unpleasant, it’s loud. And just because affluent people moved to the West End, it doesn’t mean all that should stop.”

Rheault highlighted the possible loss of jobs at the mill in Rumford should the coal pile be removed.

“There are people and jobs behind this coal pile,” he said.

After the measure was passed at about 6:30 p.m., applause broke out in council chambers.