DES MOINES, Iowa – Due to high nitrate levels in the Raccoon River, the Des Moines Water Works Thursday voted unanimously to issue a notice of intent to sue to the Boards of Supervisors in Sac, Buena Vista and Calhoun counties in northwestern Iowa.
The DMWW alleges that several drainage districts, which are under the jurisdiction of the named Boards of Supervisors, have not kept nitrate levels in the Raccoon River below the EPA’s mandated 10 parts per million threshold. The DMWW also argues that because drainage districts are point (identifiable) sources of pollution, their discharges are illegal under the Clean Water Act, which requires discharge permits that the districts do not possess.
The Iowa Soybean Association argued against the idea that nitrate levels in the Raccoon River watershed are worsening, claiming in a Thursday press release that levels have actually decreased by 25 percent in the period from 1999 to 2014. ISA says the reduction is directly attributable to better management practices in row crop operations.
ISA also argues that voluntary conservation can make a difference for Iowa’s waterways, pointing to the $13 million contribution from producers in 2014 toward soil and water conservation practices, with a total price tag of $22.5 million.
You can read the press releases from both the Des Moines Water Works and the Iowa Soybean Association below. To hear the comments offered to the DMWW Board of Trustees, click the audio player above this story.
The press release from the Des Moines Water Works is reproduced in full below.
Board of Water Works Trustees Issue a Notice of Intent to Sue for Polluted Drinking Water
DES MOINES, Iowa (January 8, 2015) ? The Board of Water Works has voted unanimously to issue a notice of intent to sue, under the Clean Water Act and Iowa Code Chapter 455B, to the Sac County Board of Supervisors, Buena Vista County Board of Supervisors and Calhoun County Board of Supervisors in their role as governing authority for 10 drainage districts that are discharging pollutants into the Raccoon River. The affected drainage districts are:
? Drainage District 32
? Drainage District 42
? Drainage District 65
? Drainage District 79
? Drainage District 81
? Drainage District 83
? Drainage Districts 86
? Joint Drainage Districts 2-51
? Joint Drainage Districts 19-26
? Joint Drainage Districts 64-105
Copies of the notice have also been sent to Governor Terry Branstad; Chuck Gipp, Director of the Iowa Department of Natural Resources; Karl Brooks, Region VII Administrator of the U.S. Environmental Protection Agency (EPA); Gina McCarthy, Administrator of the U.S. Environmental Protection Agency, Bill Northey, Iowa Secretary of Agriculture; and Tom Vilsack, United States Secretary of Agriculture.
The notice of intent to sue is a 60 day notification under the citizen suit provision of the Federal Water Pollution Control Act (commonly known as the Clean Water Act) and Iowa Code Chapter 455B. The notice communicates the intent of the Board of Water Works Trustees to sue for discharge of pollutants into the Raccoon River by point sources without the permits required by law.
Des Moines Water Works uses both the Raccoon and Des Moines Rivers as water sources and has experienced extremely high concentrations of nitrate in both rivers in the spring and summer of 2013 and the fall and winter of 2014. Under the Safe Drinking Water Act, the maximum contaminant level (MCL) for nitrate is 10 mg/L. This standard is set by the U.S. Environmental Protection Agency (EPA) and Des Moines Water Works is legally obligated to provide clean and safe drinking water that meets this MCL standard.
Recent 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. These extraordinarily high nitrate levels correlate with measurements by the United States Geologic Survey (USGS), a scientific agency in the United States government at monitoring sites along the Raccoon River.
Water monitoring and scientific analysis have shown that the cause of the high nitrate is the extensive system of drainage infrastructure created and maintained by drainage districts in the Raccoon and Des Moines River watersheds. These drainage systems quickly transport nitrate by groundwater to the nearest waterway, bypassing natural absorption and de-nitrification processes that would otherwise protect the watersheds.
?Drainage districts are a source of high nitrate concentration in our water supply and the Sac County Board of Supervisors have failed to take any meaningful action to protect downstream users from unsafe levels of nitrate introduced into the Raccoon River,? said Bill Stowe, CEO and General Manager, Des Moines Water Works. ?Des Moines Water Works is taking this decisive action to underscore that the degraded condition of our state?s source waters is a very real problem, not just to Des Moines Water Works, but to the 500,000 customers we serve, as well as to Iowans generally who have a right of use and enjoyment of the water commonwealth of our State. The Iowa Nutrient Reduction Strategy is a failure. Since its announcement, we have suffered through record nitrate concentrations in both the summer of 2013 and winter of 2014. It is simply not a credible approach to protect the public health of Iowans who rely on safe drinking water every day. We can no longer rely on voluntarism, rhetoric, and speculation to protect the waters of our state.?
The EPA has set the maximum contaminant level of protection based on the best available science to prevent potential health problems. Nitrate levels above the MCL are a public health risk. Particularly at risk are infants below six months of age who, if left untreated, could become seriously ill or die.
Nitrate levels above the MCL increases the cost of drinking water treatment for more than 500,000 central Iowa consumers. Standard Des Moines Water Works treatment processes do not remove nitrate from drinking water. Des Moines Water Works staff monitors nitrate concentrations in the source waters and activates a costly nitrate removal facility when necessary in order to produce a safe water supply meeting the MCL. In 2013, when nitrate levels in the Raccoon and Des Moines Rivers were at a record high, Des Moines Water Works incurred approximately $900,000 in treatment costs and lost revenues. Moreover, record high nitrate concentrations demand significant future capital investments to remove this pollutant and provide safe drinking water to a growing central Iowa.
?We are not seeking to change agriculture methods, but rather challenging government to better manage and control drainage infrastructure in order to improve water quality within the state. Water quality improvements in Iowa demand accountability for protecting against water degradation by all sectors, including local governments and agriculture,? said Stowe. ?Because drainage districts transport nitrate pollution through a system of channels and pipes, they should be recognized and held accountable like any other point source contributor.?
If the named drainage districts do not cease to discharge pollutants without permits or act within 60 days to correct the ongoing violations, Des Moines Water Works will seek relief in federal court under the Clean Water Act and Iowa Code citizen suit provisions. These laws require that ?point sources? discharging into rivers have permits under the National Pollutant Discharge Elimination System (NPDES). NPDES permits have been successful nationwide in controlling pollution caused by industrial waste and sanitary sewer discharge.
The press release from the Iowa Soybean Association is reproduced in full below.
Action by Des Moines Water Works reveals complete disconnect from scope, complexity of non-point water quality issues
Ankeny, Iowa (ISA) ? Iowa Soybean Association President Tom Oswald of Cleghorn issued the following statement regarding Des Moines Water Works? decision today to pursue legal action against several counties in northwest Iowa for alleged shortfalls in water quality.
?Claims by Des Moines Water Works that we have a water quality crisis in Iowa is sensationalistic at best and, at worst, dishonest. The Iowa Soybean Association, Iowa Department of Natural Resources and U.S. Geological Service officials all agree there is not a trend of rising nitrate levels in the Raccoon River. This is backed by an analysis of thousands of water samples from 41 locations in the Raccoon River Watershed from 1999-2014 that found nitrate concentrations decreased by nearly 25 percent due to refinements of cropping systems.
?There is no evidence that the regulatory scheme ultimately sought by Des Moines Water Works will improve water quality as it relates to non-point source issues. There is, however, ample evidence that conservation practices tailored to specific farms and watersheds do. Just last year, 2,400 farmers and land owners invested $22.5 million on conservation practices to prevent soil erosion and improve water quality, of which $13 million came out of farmers? own pockets.
?A declaration by the CEO of Des Moines Water Works that the Iowa Nutrient Reduction Strategy is a failure just 18 months into this multi-decade initiative reveals a startling disconnect from the scope and complexity of non-point water quality issues. Iowa Soybean Association?s work combined with greater awareness and cost-share funding provided by the Iowa Nutrient Reduction Strategy is increasing the use of cover crops, bioreactors, buffer strips, gated tile systems and other practices proven to have a quantifiable impact on water quality.
?Iowa farmers are committed to providing the best water possible for use by Des Moines Water Works. We encourage the entity and its CEO to abandon the political posturing in favor of pragmatic, workable and sensible activities that will truly have a positive impact on environmental performance and water quality. The Iowa Soybean Association will continue to extend invitations to Des Moines Water Works and its CEO to be partners in this progress.?
Addendum
? Des Moines Water Works? nitrate removal system has not operated in eight of the 23 years it has been installed, with the longest stretch from 2008-12
? From 1992-2000, the nitrate removal system operated an average of 46 days per year. From 2001-14, it has operated an average of just 26 days
? No one wants to pay more for water. But the fact is that the state-of-the-art nitrate removal system efficiently, effectively and economically treats the exact amount of water needed by Des Moines Water Work?s 500,000 customers. The annual operations of the system costs the average customer less than $1 per year, or less than the cost of one cup of coffee
