Residents in Pennsylvania and New Jersey believe the spill caused extensive damage to the river and their properties. One of the lawyers representing the homeowners state "the homeowners' properties have been contaminated and polluted, any and all use of their property as a form of recreation has been taken away from them. We believe there's a significant decrease in their property values as a direct result of this catastrophic spill."

Continued testing has not found any contaminants from the spill in residents' wells, they are convinced that the toxic components of fly ash will some day turn up in their water, their lawyer stated. "We believe, in the long term, that these chemicals will eventually end up contaminating the wells as (the ash) further infiltrates the groundwater," he explained.

According to the attorney that filed the case, the lawsuit will seek punitive damages from PPL. The lawsuit claims the spill resulted not only in the contamination of the river and the violation of environmental statutes but personal damage to river residents' properties and damaged their "use...pride and enjoyment" of the river.

Lawyers claim that PPL acted too slowly in beginning its cleanup, causing heavy rains to further distribute ash deposits, and never shut down its coal operation (following the spill), making new fly ash and illegally putting it in an unlined basin.

Lawyers state that notice of the class- action suit will be sent to property owners and tenants along the 40 miles of the river from the Martins Creek plant to Bulls Island area, allowing them to take part.

Rob and Linda Castagna, owners of the Chestnut Hill on the Delaware Bed and Breakfast along the river in Milford, are already a party in the class-action lawsuit.

"The magnitude of that spill is tremendous," said Rob Castagna. "The concern we have is that the spill did come past Milford and Frenchtown. I know PPL is trying to do a big thing about vacuuming in that area (of the plant). There's certainly no one down here." "I think all of us that live along the river should be concerned about what that PPL spill was and what was in it. We get all our water from the river," said Castagna.

PPL finished vacuuming the ash deposits it had identified near its plant in March 2006 and is moving on to the next stage of the cleanup, which is the assessment of river water sediment further down the river and analysis of the longer term effects on the river, said PPL spokesman. The Pa. Department of Environmental Protection and the Environmental Protection Agency are overseeing the cleanup.

The lawsuit is open to any resident whose property or home was affected by the coal ash spill along the Delaware River.