A now-closed ethanol plant near Mead will be allowed to continue applying wastewater to farm ground in Saunders County after the Nebraska Department of Environment and Energy renewed its permit on Thursday.
The National Pollutant Discharge Elimination System permit granted to AltEn will allow the six seed companies leading the cleanup effort to continue moving an estimated 150 million gallons of treated wastewater off site through June 30, 2027.
“This permit provides a method to remove treated wastewater from the AltEn site by allowing the continued land application of treated wastewater,†the state environmental department wrote in a news release.
The scope of the permit, however, does not allow AltEn or the so-called AltEn Facility Response Group to discharge any wastewater into the waters of the state, the department added.
Former state Sen. Al Davis, spokesman for the Perivallon Group, which has scrutinized the cleanup efforts and provided support to the community, said it is "delusional" of the state to think AltEn will comply with the permit guidelines.
He noted in an email response that the company has basically abandoned the site "after a long track record of flagrant disregard for Nebraska's environmental law and regulations."
Renewal of the wastewater disposal permit comes on the day AltEn’s last permit, issued in 2017, was set to expire, and more than a year after the ethanol plant was ordered to shut down for violating several state environmental regulations.
Unlike other biofuel plants, AltEn used seeds coated with pesticides to produce ethanol, which also created toxic solid and liquid waste products, which have been found in area streams and ponds, wildlife, vegetation and even the homes of area residents.
The Nebraska Attorney General’s Office later sued AltEn, a Kansas-based company, in Saunders County District Court, where the case remains open. Members of the Facility Response Group, former suppliers to the ethanol plant, have also sued AltEn for mishandling their seed products.
The new permit granted Thursday, in addition to allowing cleanup of the site to continue, enacts “more stringent†rules for how wastewater can be land-applied to farm ground and requires quarterly monitoring of groundwater wells for 13 pesticides found in high concentrations at AltEn.
Those compounds include clothianidin, imidacloprid and thiamethoxam — neonicotinoid pesticides commonly used in seed treatments.
The permit also prohibits releasing wastewater to what the state refers to as “Outfall 001,†a waterway running south and east away from the plant through land owned by the University of Nebraska, the Nebraska National Guard and several private properties before eventually flowing into Clear Creek.
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The tributary stream has been a focus of research efforts attempting to learn how far neonicotinoid pesticides, which are toxic to bees and other pollinators, have moved away from the site.
Earlier this year, the AltEn Facility Response Group identified roughly 320 acres of ground to land-apply treated wastewater held in containment ponds at the site.
A little more than 9 million gallons has been applied to date, according to the state environmental department, and earlier this week, AltEn was given approval to continue treating and land-applying wastewater to approved properties through a pilot program.
If AltEn or the Facility Response Group receives permission to land-apply wastewater on any other sites, they will first need to obtain approval from the state.
“Each site must be approved by the department individually and must be based on the ground water and best management practices of the individual properties of the site,†the permit states.
The decision to reissue the permit comes after the proposal received opposition from residents of Mead and the surrounding area at a town hall meeting at the Mead High School gym in April.
At that meeting, residents said the state should deny AltEn’s request for a new permit because of its long history of noncompliance with state and federal environmental rules, or that the permit should be granted to the Facility Response Group, which has effective control of the site.
In a response filed on its public document portal Thursday, NDEE said it “took into account compliance and noncompliance since the 2017 permit issuance†and strengthened the language in the permit.
“The requirements of the permit were written to be protective of land application sites and waters of the state,†NDEE said in its response. “If site conditions change, NDEE may modify or update the NPDES permit.â€
Others questioned if AltEn has the financial resources necessary to comply with the permit — something NDEE said is not part of the permit’s requirements.
“Consideration of the financial resources of the permittee is not required before issuing, modifying, or denying a NPDES permit,†NDEE said. “AltEn, LLC, is subject to the requirements of the permit.â€
The Department of Environment and Energy said it could also alter the term or conditions of the permit depending on the progress of cleanup or other factors.
Davis said approving the permit was "not good governance by any stretch of the imagination. It appears the agency whose task it is to protect Nebraska’s environment and the health and well-being of citizens is failing its mission."