An East Tennessee district attorney general wants to know if there are legal options to explore possible criminal charges in the way cleanup workers were treated after the December 2008 coal ash disaster in Kingston.
Ninth Judicial District Attorney General Russell Johnson sent a letter July 21 to Bob Martineau, commissioner of the Tennessee Department of Environment and Conservation.
Johnson raised the possibility of a criminal investigation - either state or federal. He is empowered to explore state crimes alleged to have occurred in his jurisdiction.
In 2013, some former cleanup workers at the TVA disaster site filed a federal lawsuit, alleging a contractor hired to oversee the cleanup allowed them to be exposed to toxic coal ash.
TVA is not being sued. The lawsuit is set to go to trial in U.S. District Court in Knoxville in January.
"Over the past several months my office has been in communication with the representative of many of the former workers involved with the cleanup of the Tennessee Valley Authority (TVA) coal-fired steam plant ash spill in Kingston, Tennessee," Johnson's letter states.
"We received and reviewed information including statements, portions of depositions, and copies of covertly recorded video and/or audio recordings made by employees while on the cleanup job site."
Johnson also alluded to a News Sentinel story this month that detailed some of the evidence and allegations gathered in the federal civil case.
Johnson provided a copy of his letter Friday to 10News.
Related: Depositions set in coal ash lawsuit
The prosecutor said in his letter it's clear there's a question of whether federal authorities would investigate the allegations of negligence during the cleanup.
"However, I am deeply concerned with the apparently intentional conduct of the cleanup contractors and their supervisors, actions that took place in Roane County, conduct that may indeed have caused serious bodily injury, or possibly even death, to a number of people," the letter states.
Johnson wrote that he recognized the federal Environmental Protection Agency had the primary role in the cleanup oversight.
"I am asking you for some sort of outline or explanation of your agency's role in the cleanup, monitoring, and oversight of the cleanup project in order to properly set parameters for any further investigation," Johnson wrote.
The DA noted he's aware there's a potential statute of limitations issue regarding any possible criminal investigation.
Johnson wrote that he also has written the state Attorney General's Office, seeking his cooperation.
TBI spokeswoman Leslie Earhart said in a statement Friday to 10News: "We’re aware of this situation but aren’t involved in the investigation at this time."
Harlow Sumerford, spokesman for state Attorney General Herbert Slatery, said Friday in a statement: "I can confirm we have received a letter from District Attorney General Johnson. Outside of that, it would be inappropriate to comment on discussions we have had and/or advice we provide to our clients."
10News also contacted the state Department of Environment and Conservation. Spokeswoman Kim Schofinski told 10News: "We have received the letter and are in the process of drafting a response."