State regulators warned Minnesota Power about leaks months before the coal ash accident in July

Three months before millions of gallons of wastewater leaked from one of Minnesota's largest coal-fired power plants this summer, state regulators ordered the utility to take action to prevent a major spill.

Minnesota Power initially estimated that about 3.8 million liters of coal ash-contaminated water had leaked at the Clay Boswell Energy Center in mid-July, but increased the estimate to 19 million liters a few days later.

“How can you get it wrong by five? [times]?” asked Aaron Bialke, who moved into his lakefront home in neighboring Grand Rapids five years ago. “That immediately worried me a little.”

Records obtained by 5 INVESTIGATES show that this was not the first leak at the power plant.

Since October 2, 2021, the utility has reported 11 minor incidents to the Minnesota Pollution Control Agency, including hundreds of gallons of coal ash, a dangerous byproduct of coal combustion.

Minnesota Power's cleanup efforts currently include excavating contaminated soil and pumping wastewater from nearby Blackwater Creek.

“Because this is a highly complex operation, leaks do occur occasionally,” said Kurt Anderson, the utility's environmental director. “But we always focus on preventing – and, if possible, eliminating – the risk of such leaks.”

Anderson confirmed to 5 INVESTIGATES that this latest leak, the company's largest, went undetected for about five days in July.

In its April 2 letter to Minnesota Power, the MPCA noted that the Duluth-based utility had failed to report incidents “immediately” to state regulators on six occasions. The warning letter also asked the company to take steps to prevent another leak.

“We are working on the issues listed in this letter. But they would not have done anything to prevent this oil spill. That has nothing to do with this letter,” Anderson said. “We will also learn from this incident and improve as a result.”

Effects on wild rice: “Heartache”

While the MPCA is still monitoring possible contaminants in soil and water, the agency found that sulfate levels near the site are above Minnesota's wild rice standard. Blackwater Lake, where wild rice fields lie, is a popular spot for indigenous rice farmers.

“It breaks my heart that all this rice is going to be no good,” said Mike Robinson, a member of the Leech Lake Band of Ojibwe. “I wouldn't be able to harvest it, I wouldn't sell it, I wouldn't use it, you know, it's just – I don't know. It's no good.”

Robinson said the entire Leech Lake community is monitoring the situation because they are concerned about the long-term impacts.

“It's our way of life,” says Gary Charwood, also a member of the Leech Lake Band of Ojibwe. “It's a long history that's part of who we are.”

Wild rice is not only a source of food, but also a source of income. Charwood and Robinson charge about $20 per bag.

The utility company said it is working closely with the tribe.

“We share the concerns,” Anderson said. “Right now we don't see any acute impact, but we know this is going to be a journey. I'm a ricer myself. This is not what we wanted.”

When asked by 5 INVESTIGATES if he would eat wild rice from this area, Anderson did not give a clear answer.

“We need to continue to evaluate this,” he said. “That's why we create monitoring plans, right? We want to make sure we understand the impacts.”

Coal ash across the country

Coal ash, which can contain metals such as arsenic and mercury, is a dangerous byproduct of coal-fired power plants. While the Boswell disaster did not have a dramatic impact on drinking water near Cohasset, other cases across the country resulted in criminal charges and lawsuits against energy companies.

In 2008, Tennessee buried homes and ripped others off their foundations in the largest coal ash disaster in U.S. history. Months later, the U.S. Environmental Protection Agency (EPA) entered into an administrative agreement with the Tennessee Valley Authority to oversee the cleanup, which lasted seven years.

Minnesota Power describes the leaked waste as diluted coal ash. So far, tests have not found elevated levels of toxic metals such as mercury or arsenic.

The company said it would continue to test and monitor the potential environmental impacts of the oil spill.