The State of Nebraska is suing #AltEn for violations of the Nebraska Environmental Protection Act and Nebraska Integrated Solid Waste statutes. AG Doug Peterson says the company has made it clear it won't comply with administrative orders.
Peterson says the 97-page complaint details repeated violations by AltEn

"It's one of the clear cases of a corporation coming in and failing to be a good partner with the state of Nebraska," he says.
"This is a company that is terribly managed," Gov. Pete Ricketts says.

Governor says now with the lawsuit, NDEE Chief Jim Macy can say more and attend town hall in Mead.
Macy says NDEE has been operating hand-in-hand with AG on enforcement and will work to reach a final resolution.

He says he hopes the lawsuit will bring comfort to Nebraskans to know something is being done.
"We've heard your concerns, we take those seriously," Macy says.
Ricketts says ethanol is an important industry in Nebraska, and says those plants work with the NDEE to stay in compliance with state regulations.

"(AltEn) does not represent the ethanol industry in the state of Nebraska," Ricketts says.
AG will seek injunctive relief, which means AltEn will have to clean up with the solid and liquid waste.

"We'll be looking for the court's authority to order injunctive relief, and there will be cost associated with it and some penalties," Peterson says.
Macy says NDEE has tested some soil near Mead for pesticides.

"We don't believe this has migrated into the town of Mead in the soil."
Q: How much $ has the state spent on AltEn?
A: Will get you those numbers. Have funds for testing/monitoring.

Q: Could AltEn declare bankruptcy?
A: Can't answer that on behalf of company.
Peterson says any costs incurred by the state will be part of the lawsuit against the company.
Q: Could the state have sued earlier?

A: The timeline we have between state's involvement on site investigation and potential referral is part of a privileged conversation between the state and its lawyer. We always try to get compliance first.
Q: Why does this matter to the avg person?

A: This is truly a rare case where a company has chosen to use a product that had environmental concerns in the process. that process created a waste that they didn't manage. We want facilities to operate w/in guidelines of the law.
"Today, AltEn is going to be held accountable for their mismanagement," Macy said.

Peterson said the company has made no effort to discard of the waste soil conditioner that has built up on its property.
Neonics found in:

Lagoon: 20,000-30,000 ppb

Tributary of Clear Creek: 2,000-3,000 ppb

Monitoring well surround lagoon: 26 ppb

77 ppb is drinking water standard in Minnesota, per Macy
Peterson said today's missed deadline for removing the byproduct solid waste spurred the lawsuit filed today.

There has not been a final plan for disposing of the solid byproduct or the wastewater in the lagoons/discharge.
Lawsuit is seeking civil penalties, looking at corporate behavior and duties under our environmental laws, per Peterson.

Potential fine? $10,000/day violation cost

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