Des Moines Water Works Files Clean Water Act Complaint in Federal District Court

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Monday, March 16, 2015

Des Moines Water Works filed a complaint today against the Sac County Board of Supervisors, Buena Vista County Board of Supervisors and Calhoun County Board of Supervisors, in their capacities as trustees of 10 drainage districts, for the discharge of nitrate pollutants into the Raccoon River, and failure to obtain a National Pollutant Discharge Elimination System (NPDES) permit in violation of the Clean Water Act, in the United States District Court for the Northern District of Iowa, Western Division.

The complaint seeks to declare the named drainage districts are point sources pollutants, are not exempt from regulation, and are required to have a permit under federal and Iowa law. The complaint states that the drainage districts have violated and continue to be in violation of the Clean Water Act and Chapter 455B, Code of Iowa, and demands the drainage districts take all necessary actions to comply with the Clean Water Act, including ceasing all discharges of nitrate that are not authorized by an NPDES permit. In addition, damages are demanded to Des Moines Waters in an amount required to compensate for the harm caused by the drainage districts unlawful discharge of nitrates, assess civil penalties, and award litigation costs and reasonable attorney fees to Des Moines Water Works as authorized by law.

Des Moines Water Works is a regional water utility providing drinking water to approximately 500,000 Iowans, drawing most of its raw water supply from the Raccoon and Des Moines Rivers. Under the Safe Drinking Water Act, Des Moines Water Works is obligated to meet the Environmental Protection Agency’s (EPA) standards for the maximum contaminate level (MCL) in its finished drinking water. The MCL standard for nitrate is 10 mg/L. The health risks associated with nitrate contamination above MCL include blue baby syndrome and endocrine disruption. In addition to public health risks to drinking water, nitrate pollution also causes the development of hypoxic conditions in public waters, including the Gulf of Mexico’s “Dead Zone.”

A major source of nitrate pollution in the Raccoon River watershed is the artificial subsurface drainage system infrastructure, such as those created and managed by drainage districts. Recent upstream water monitoring by Des Moines Water Works at 72 sample sites in Sac County has shown nitrate levels as high as 39.2 mg/L in groundwater discharged by drainages districts.

“Des Moines Water Works’ mission is to provide safe, abundant and affordable water to our customers,” said Bill Stowe, CEO and General Manager, Des Moines Water Works. “In order for Des Moines Water Works to continue to meet its mission and protection of the state of Iowa and the United States from further environmental and health risks, the discharge of nitrate from drainage districts must be addressed.”

Nitrate levels above the MCL increases the cost of drinking water treatment for Des Moines Water Works customers. Since the launch of the state-lauded Nutrient Reduction Strategy, Des Moines Water Works has experienced two unprecedented nitrate episodes and associated costs for the treatment of the pollutant. In 2013, when nitrate levels in the Raccoon and Des Moines Rivers reached record highs on each river, Des Moines Water Works incurred approximately $900,000 in treatment costs and lost revenues. On December 4, 2014, the utility began operating the nitrate removal facility continuously for 97 days – unprecedented in the winter months – for a total of $540,000 in operations and additional expenses. Moreover, Des Moines Water Works is now actively planning for capital investments of $76-183 million for new denitrification technology to remove the pollutant and continue to provide safe drinking water to a growing central Iowa.

“The lawsuit seeks relief from the burdens Des Moines Water Works faces as providers of safe drinking water, and recognition of the role of drainage districts when passing production costs downstream,” said Graham Gillette, Board of Water Works Trustees Chair. “We remain committed to collaboration and seeking a resolution; however, concurrently, Des Moines Water Works ratepayers should be aware of the potential capital infrastructure costs that will be needed if a resolution in or out of court is not found.

A Clean Water Defense Fund has been established to offset costs incurred with the Clean Water Act legal proceedings. Individuals who wish to make a contribution may do so by mailing contributions payable to Des Moines Water Works, 2201 George Flagg Parkway, Des Moines, Iowa 50321.