Toxic chemicals found in Henry County soil, Evergy accused in lawsuit
Jan 23, 2025
KANSAS CITY, Mo. -- A lawsuit filed in Henry County last week alleges that Evergy and other companies are responsible for toxic chemicals and carcinogens around their now defunct power plant near Montrose, Missouri.
The plaintiff, Bill Steward, appeared in Henry County Commissioners Court on Tuesday.
“I’ve abandoned my house. I don’t live there,” he told the commissioners.
“It’s in my home, it’s in my cars, it’s in my water. It’s in the wells, and it needs to be stopped today. People are sick. My kids are sick. People that go out there and test and go around that lake get sick.”
What’s at the heart of the suit is a byproduct of coal-fired power plants called fly ash. The EPA says the powder is a carcinogen but can be used to make ready-mix concrete and other construction materials.
The suit says the Montrose plant would put their fly ash into unlined and uncovered ponds until 2020, when it continues to allege that they excavated more than 75,000 cubic yards of fly ash from the ponds and left it on the ground and in landfills at the site.
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Court documents say that Evergy and the other defendants, “disturbed and failed to adequately manage fly ash at the Evergy Site, causing fly ash to migrate through air, soil and water to properties."
“They don’t care about us,” Steward said.
“We’ve got Parkinson’s, we’ve got throat cancer, brain tumors we’ve got all these things going on and we’ve ignored it.”
County Commissioner Mark Larson agreed.
“This needs to be handled immediately,” he responded to Steward in Tuesday’s meeting.
“Because it’s not like it’s going to blow and go away or it’s going to disappear, it’s here.”
FOX4 obtained and confirmed testing results done around the Montrose plant in late 2024. The results from one sample of drinking water showed that the amount of Radium 226 and total radium exceeded the Missouri Department of Natural Resources default testing limit.
The environmental science and engineering firm also tested 15 soil samples from around the community and found that all of the samples exceeded the default testing limit for hexavalent chromium and lead, both toxic carcinogens. Some samples exceeded limits for arsenic, boron, cobalt and one exceeded the limit for selenium.
Evergy released a statement to FOX4 saying the following:
“We learned today of the discussions at the January 21st Henry County Commission meeting and the decision by the Davis R-12 School Board to close for the remainder of this week. The safety of the Henry County community, and all communities where Evergy operates, is our top priority. We are working to obtain and analyze the test results that were discussed at the meeting and we have reached out to the Commission and school district to begin a dialogue and better understand their concerns.
The Montrose site conducts all required groundwater testing and is in full compliance with all state and federal regulations. Additionally, the site has a dust control plan that includes twice-daily visual observations to confirm the absence of dust leaving the property and compliance with our dust mitigation actions. As recently as August 2024, MDNR inspected our site and confirmed it is in compliance.
Many of the chemicals discussed at the Henry County Commission are frequently found in materials commonly used in and around Missouri. For example, these materials can be found in gypsum which is frequently used in agriculture, as well as in cement and paint thinner. Additionally, many of these chemicals are naturally occurring in the soil and rocks.
We have contacted MDNR to ensure they are aware of the issue. 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.”