Environmental groups sue Iowa DNR and Alliant Energy over Ottumwa coal ash permits

Three environmental groups filed suit in Polk County District Court late last month against the Iowa Department of Natural Resources and Alliant Energy, challenging two permits issued for the Ottumwa Midland Landfill.

The Iowa Environmental Council, Sierra Club, and Environmental Law and Policy Center argue the permits fail to incorporate a 2024 federal coal ash rule that requires facilities to halt discharges as soon as feasible. Monitoring data cited in the petition shows arsenic, lead, and mercury in wastewater flowing toward the Des Moines River, upstream of Ottumwa's municipal water intake.

"The discharges should stop. They should stop as soon as possible," said Michael Schmidt, general counsel for the Iowa Environmental Council. "And we told DNR that several times through comments. We asked for that and didn't get it. So this is kind of our last resort."

The DNR issued Alliant Energy a permit in March allowing treated water discharge from the landfill through a filtration system. Alliant Energy said in a statement it is in full compliance with that permit and with the discharge permit at the Ottumwa Generating Station, adding it remains committed to meeting all state and federal monitoring and reporting obligations.

The DNR declined to comment on the pending litigation.

Currently, wastewater from the landfill is hauled to Ottumwa's city wastewater plant. Federal law requires that practice to end by 2029. Schmidt warned that relying on dilution in the river is insufficient for metals like lead, which accumulate in the environment and can move up the food chain.

MidAmerican Energy co-owns the Ottumwa generating facility but was not named as a defendant in the initial filing.