Major utility company hit with lawsuit over decades of toxic dumping in state waterways: 'We are concerned'

A major utility in Iowa is facing legal trouble after allegedly discharging toxic groundwater into waterways without the proper permit. Environmental groups say the discharge contains heavy metals like arsenic, cobalt, lithium, and manganese — pollutants that can harm ecosystems and pose serious health risks.

What's happening?

At the center of the issue is the Ottumwa Midland coal ash landfill, operated since the mid-1990s by Interstate Power and Light, a subsidiary of Alliant Energy. According to Iowa Capital Dispatch, the Iowa Environmental Council, the Sierra Club, and the Environmental Law & Policy Center sent a formal notice of intent to sue, claiming IPL is violating the Clean Water Act, which requires a permit for discharges into U.S. waters.

The discharge comes from underdrain piping beneath the landfill. The system is designed to keep groundwater separate from coal ash and other waste. However, monitoring data suggests the water is actually polluted. In 2023, Iowa's Department of Natural Resources told IPL that its existing stormwater permit didn't apply to this discharge, since it wasn't "uncontaminated groundwater." But IPL never applied for a new permit.

"It's that ongoing delay that we are concerned about," said Michael Schmidt, an attorney for the Iowa Environmental Council. "We have these discharges of arsenic and other metals going into the water on a continuous basis without really any oversight."

Why does contaminated groundwater matter?

Coal ash — the byproduct of burning coal for energy — is one of the largest sources of industrial waste in the U.S. It contains harmful pollutants that can seep into drinking water, damage ecosystems, and cause health problems for people exposed to it.

Alliant Energy said it's working with state officials on a solution and maintains that the system was designed to prevent contact with the landfill's contents. But advocates say the company has had more than enough time — and it's still discharging up to 84,000 gallons of contaminated water a day without proper authorization.

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What's being done about this contaminated discharge?

IPL has 60 days to respond or come into compliance before the case moves to court. If it does, the utility could face over $12 million in fines.

"It's another example of why the process that we have of burning coal to put pollutants into the air — and create the solid waste and have these water discharges — is a continuing problem," said Schmidt. "The more we do it, the more problems like this we create."

As the U.S. transitions away from dirty energy sources like coal, advocates are calling for stricter enforcement and better protections for communities and waterways. Going green is a massive, but crucial, undertaking — but holding big polluters accountable is an important part of it.

Individuals can help at home by exploring ways to switch to clean electricity, such as installing solar panels or signing up for community solar projects.