KANSAS CITY, Mo. — A lawsuit recently filed by a Henry County couple alleges multiple companies, including Evergy, of "unreasonable handling" of a hazardous waste material called “Fly Ash".
The lawsuit, which was filed on Jan. 17 in Henry County Circuit Court, centers on Evergy’s former coal-fired power plant in Montrose, Missouri.
The lawsuit claims husband and wife, Bill and Sue Steward, incurred damages to their property near the former power plant.
The Stewards allege there has been a "substantial and unreasonable threat" to their health and safety due to the actions of the companies listed in the lawsuit.
KSHB 41 reached out to Evergy for comment Saturday. A company spokesperson wrote back that “the Montrose facility is in full compliance with all groundwater testing required by state and federal regulations.”
The statement went on to say that Missouri Department of Natural Resources (MDNR) inspected and found the site to be in compliance in March 2023. The statement continued: “MDNR also visited the site in August 2024 and again yesterday (Friday), each time expressing no concerns with observed operations or dust management."
KSHB 41 reached out to MDNR outside of normal business hours to confirm those site visits and results. We will update when we hear back.
Henry County Commission Meeting
At a Jan. 21 Henry County Commission meeting, Bill Steward presented test results that he said suggested hazardous levels of hexavalent chromium at his property, which is known to cause cancer, kidney and liver damage, and other adverse health effects. KSHB 41 has not independently obtained those test results.
An Evergy spokesperson noted the company was analyzing the results presented at the public meeting.
The utility’s statement added that many of the chemicals discussed at the meeting, including hexavalent chromium, are frequently found in materials commonly used in and around Missouri, including in various agricultural products.
Evergy’s Statement:
“The safety of the Henry County community, and all communities where Evergy operates, is our top priority. The Montrose facility is in full compliance with all groundwater testing required by state and federal regulations. Missouri Department of Natural Resources (MDNR) inspected our site in March 2023 and confirmed the site to be in compliance; MDNR also visited the site in August 2024 and again yesterday, each time expressing no concerns with observed operations or dust management.
Many of the chemicals discussed at the Henry County Commission meeting are frequently found in materials commonly used in and around Missouri, including in various agricultural products, cement and paint thinner, as well as in the soil and rocks.
We are analyzing the test results discussed at the meeting and have been in contact with the Commission and school district to better understand their concerns.
In addition to meeting all state and federal regulations, the Montrose facility has a dust control plan that includes twice-daily visual observations to confirm compliance.
We are committed to working with the Henry County Commissioners, school district and local community to understand the situation and will continue to make the safety of our communities our top priority."
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