Environmental Groups Threaten Lawsuit Against Alliant Energy Over Groundwater Pollution

OTTUMWA, Iowa (IOWA CAPITAL DISPATCH) – Several environmental organizations have announced plans to sue Alliant Energy’s Iowa affiliate, claiming it is unlawfully discharging polluted groundwater into tributaries near Ottumwa. The Iowa Environmental Council, Sierra Club, and Environmental Law & Policy Center filed a letter of intent to sue under the Clean Water Act, providing the company 60 days to address the alleged violations.

The organizations are targeting the Ottumwa Midland Landfill, a coal ash landfill managed by Interstate Power and Light Company (IPL), a subsidiary of Alliant Energy, since 1995. According to the groups, the landfill’s underdrain system, designed to remove groundwater from beneath the coal ash, is discharging up to 84,000 gallons per day into wetlands that ultimately flow into the Des Moines River, despite the presence of contaminants.

The monitoring data cited by the environmental groups reveals that the discharges contain hazardous substances, including arsenic, barium, and lithium, which exceed acceptable levels. “Thus, the underdrain water is contaminated and is not an allowed discharge under Stormwater General Permit 1,” the letter stated.

This situation aligns with findings from a recent study conducted by the Iowa Environmental Council and Sierra Club, revealing increased levels of toxic heavy metals in groundwater near coal ash landfills and ponds. The study utilized data self-reported by MidAmerican Energy Company plants, including the Ottumwa Generating Station, co-owned by MidAmerican and IPL, but MidAmerican contested its conclusions.

Previously, the underdrain discharge was under a stormwater permit from the Iowa Department of Natural Resources (DNR). However, in 2023, the DNR indicated that the discharge did not meet the criteria for “uncontaminated groundwater” outlined in the permit. Consequently, IPL did not seek an alternative permit for the discharge, which the groups argue means it has been dumping pollutants without proper authorization.

Melissa McCarville, spokesperson for Alliant Energy, emphasized the company’s ongoing communication with DNR regarding the discharge issue. “Alliant Energy is dedicated to serving our customers and communities throughout the state,” she stated. “We are steadfast in our commitment to environmental compliance including abiding by all regulated and required groundwater monitoring processes.”

Michael Schmidt, an attorney representing the Iowa Environmental Council, expressed concerns over the lengthy permitting process. “It’s been more than a year and a half since DNR notified the company about the permitting issue. We are worried about the continuous discharge of arsenic and other metals without sufficient oversight from DNR,” Schmidt remarked.

McCarville reiterated that there is “no reason to believe” the discharge has come into contact with landfill contaminants. However, in late 2024, Alliant Energy proposed a project to reroute the discharge to the Des Moines River. Depending on regulatory approvals, construction on this new design could start this spring, McCarville added.

In a broader context, U.S. Environmental Protection Agency Administrator Lee Zeldin announced earlier this week plans to roll back certain regulations governing energy production. However, Schmidt asserted that the intended lawsuit would not be diminished by any regulatory changes, as the discharge affects what are clearly classified as waters of the United States under the Clean Water Act, requiring a permit for any pollutant discharge. “The notice letter highlights a fundamental component of the Clean Water Act,” Schmidt stated. “Our reliance on burning coal continues to create problematic waste and water discharges.”