Environmental group sues Hennepin County over ash produced by trash incinerator

An environmental group is suing Hennepin County, alleging it has violated state law by not outlining plans for harmful ash created by a trash-burning plant in downtown Minneapolis set to close in the coming years.

The lawsuit from the Minnesota Center for Environmental Advocacy concerns the Hennepin Energy Recovery Center. It cites state law requiring counties to "clearly state how the county plans to meet the goals ... of reducing the toxicity and quantity of incinerator ash and of reducing the quantity of processing residuals that require disposal."

"Hennepin County has not clearly stated how the county plans to meet the goals of reducing the toxicity and quantity of incinerator ash in its most recent waste plans," the lawsuit from the Minnesota Center for Environmental Advocacy claims. "In fact, the County's most recent plan does not address the toxicity of incinerator ash at all."

The county told WCCO it can not comment on pending litigation, but shared a letter it sent to the group last month challenging the claim.

"Because the county's plan already complies with [state law], and was approved by the Minnesota Pollution Control Agency (MPCA), the county has decided not to amend its Plan at this time," the letter reads.

The letter states supplemental materials from the plan "outline the county's household and commercial hazardous waste programs which reduce ash toxicity by removing harmful substances from the waste stream before incineration" and "describe post-incineration metal recovery efforts that reduce the quantity of ash necessitating disposal and HERC operational procedures which prevent harmful substances from being incinerated."

WCCO has also reached out to MCEA.

The lawsuit claims the incinerator generates "around 80,000 tons of toxic incinerator ash" every year, and that the ash "contains significant levels of lead, cadmium, mercury, arsenic, dioxins and furans, PFAS, and other contaminants."

The suit asks a judge to compel the county to provide a clear plan for the ash in compliance with state law. 

Hennepin County plans to close HERC sometime between 2028 and 2040. The facility, built in 1989, produces enough energy to power about 25,000 homes, according to the county. Earlier this year, activists staged a hunger strike to get it shut down sooner, alleging the facility poisons those who live near it in Minneapolis' North Loop.