The owner of a Lincoln warehouse is suing AltEn after the defunct ethanol plant failed to pay hundreds of thousands of dollars in rent and utilities.
In a lawsuit filed in Lancaster County District Court on Tuesday, 3801 Harney LLC -- which is based in Davey -- said AltEn agreed to rent space at its warehouse at 3700 N.W. 12th St. in October 2019.
The warehouse was one of at least two near the Lincoln Airport leased by AltEn after it went into operation in 2015.
Unlike Nebraska's two dozen other ethanol plants, which manufacture corn into biofuel, AltEn used unplanted seed coated in pesticides to produce biofuel at its plant south of Mead.
AltEn eventually became the final destination for 98% of all the unplanted treated seed in North America, the company said in a marketing memo.
But the Kansas-based company's unusual method for producing ethanol also created solid and liquid byproducts contaminated by high concentrations of insecticides and fungicides, which spread into the surrounding landscape.
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It's unclear what AltEn stored in the 168,000-square-foot warehouse at 3700 N.W. 12th St.; the lawsuit states AltEn agreed to pay $10,893.75 monthly to lease the space, as well as $1,556.25 for insurance, taxes and utilities.
The warehouse's owner served AltEn with a termination notice Jan. 31 and said the ethanol company failed to make a payment afterward.
According to the lawsuit, AltEn also failed to remove its property from the Air Park warehouse. An attorney representing the warehouse did not return the Journal Star's call seeking comment.
The lawsuit seeks $225,257.64 in damages, as well as interest, attorney fees and other costs.
AltEn also rented space at a warehouse at 1200 Upland Avenue -- essentially across the street from the warehouse suing AltEn -- according to the marketing email it sent to seed companies advertising its services.
The lawsuit adds to the former biofuel company's legal woes.
The state of Nebraska sued AltEn in Saunders County District Court in March 2021 for numerous alleged violations of state environmental regulations. That case remains ongoing.
Earlier this year, six companies that formerly supplied AltEn with discard seed -- Bayer, Syngenta, Corteva, AgReliant, Beck's Superior Hybrids and WinField Solutions -- also sued the plant in federal court, alleging AltEn violated a contract requiring it to handle and manage discard seed in line with state statutes.
Each of those lawsuits remain open.
AltEn is also subject to a foreclosure effort stemming from delinquent property tax payments.
It previously paid back taxes and interest on other parcels where it was delinquent on its taxes.
Photos: Mead ethanol plant
Mead AltEn Ethanol plant
A burst pipe late last week in a 4 million gallon digester tank at the AltEn Ethanol plant near Mead sent liquid manure and thin stillage, a byproduct of the ethanol manufacturing process, into waterways and culverts up to 4 miles from the plant.
Mead AltEn Ethanol plant
Mead AltEn Ethanol plant. COURTESY PHOTO
Mead AltEn Ethanol plant
A burst pipe late last week in a 4 million gallon digester tank at the AltEn Ethanol plant near Mead sent liquid manure and thin stillage, a byproduct of the ethanol manufacturing process, into waterways and culverts up to 4 miles from the plant.
Mead AltEn Ethanol plant
A burst pipe late last week in a 4 million-gallon digester tank at the AltEn Ethanol plant near Mead sent liquid manure and thin stillage, a byproduct of the ethanol manufacturing process, into waterways and culverts up to 4 miles from the plant.
Mead AltEn Ethanol plant
A burst pipe late last week in a 4 million gallon digester tank at the AltEn Ethanol plant near Mead sent liquid manure and thin stillage, a byproduct of the ethanol manufacturing process, into waterways and culverts up to 4 miles from the plant.
Mead AltEn Ethanol plant
A burst pipe late last week in a 4 million gallon digester tank at the AltEn Ethanol plant near Mead sent liquid manure and thin stillage, a byproduct of the ethanol manufacturing process, into waterways and culverts up to 4 miles from the plant.
Mead AltEn Ethanol plant
A burst pipe late last week in a 4 million gallon digester tank at the AltEn Ethanol plant near Mead sent liquid manure and thin stillage, a byproduct of the ethanol manufacturing process, into waterways and culverts up to 4 miles from the plant.
Mead AltEn Ethanol plant
A burst pipe late last week in a 4 million gallon digester tank at the AltEn Ethanol plant near Mead sent liquid manure and thin stillage, a byproduct of the ethanol manufacturing process, into waterways and culverts up to 4 miles from the plant.
Mead AltEn Ethanol plant
A burst pipe late last week in a 4 million-gallon digester tank at the AltEn Ethanol plant near Mead sent liquid manure and thin stillage, a byproduct of the ethanol manufacturing process, into waterways and culverts up to 4 miles from the plant.
AltEn Ethanol, 2.4
The Department of Environment and Energy ordered AltEn Ethanol near Mead to shut down in early February, dispose of millions of gallons of contaminated wastewater on the site and repair lagoons in violation of state regulations.
AltEn Ethanol, 2.4
Unlike other ethanol plants, AltEn used treated seed instead of harvested grain for its fuel production. The byproduct from that process and wastewater near the plant have been found to carry levels of pesticides and fungicides above limits set by the Environmental Protection Agency.
AltEn Ethanol, 2.4
AltEn Ethanol has been the subject of dozens of complaints since it reopened near Mead in 2015 related to an odor coming from the byproduct of its ethanol process, seen here at the beginning of the month. The byproduct has been found to carry levels of pesticides and fungicides above limits set by the Environmental Protection Agency.
AltEn Ethanol, 2.4
AltEn ethanol plant is seen in this photo, Thursday, Feb. 4, 2021.
AltEn Ethanol, 2.4
AltEn shut down its operations on Feb. 8 after an order by the Nebraska Department of Environment and Energy. The state found three lagoons on the site were contaminated, badly damaged and holding more wastewater than permitted.
AltEn Ethanol, 2.4
AltEn is unique among ethanol plants in that it uses seeds pre-treated with pesticides to produce ethanol instead of harvested grain. It ceased operation on Feb. 8 after a state order.
Mead, 2.4
MEAD, NEB. - 02/04/2021 - A view of Mead, including the grain elevators with Frontier Cooperative, Thursday, Feb. 4, 2021. JUSTIN WAN, Journal Star
AltEn Ethanol
Emptied treated seed bags are stacked at the AltEn company in this photo taken in April 2019 during a Nebraska Department of Environment and Energy inspection. The ethanol plant near Mead used the seed to produce ethanol and the byproduct from the process to create soil conditioner sold to area farmers.
AltEn Ethanol, 2.4
AltEn Ethanol has been the subject of dozens of complaints since it reopened near Mead in 2015 related to an odor coming from the byproduct of its ethanol process. The byproduct has been found to carry levels of pesticides and fungicides above limits set by the Environmental Protection Agency.
Mead AltEn Ethanol plant leak
A pipe burst on a 4 million-gallon digester tank at the AltEn Ethanol plant near Mead late last week, releasing waste material into the waterways and culverts more than 4 miles from the plant, according to the Nebraska Department of Environment and Energy.
Mead AltEn Ethanol plant leak
A notification of environmental concern inspection report from Feb. 12, 2021, noted "flow, dark water and odor," in water pictured on University of Nebraska-Lincoln property. A pipe burst on a 4 million-gallon digester tank at the AltEn Ethanol plant near Mead late last week, releasing waste material into the waterways and culverts more than 4 miles from the plant, according to the Nebraska Department of Environment and Energy,
Mead AltEn Ethanol plant leak
University of Nebraska-Lincoln personnel using a backhoe to place bales and plastic to dam the culvert on UNL property near Mead after a pipe burst on a 4 million-gallon digester tank at the AltEn Ethanol plant late last week, releasing waste material into the waterways and culverts more than 4 miles from the plant, according to the Nebraska Department of Environment and Energy.
Mead AltEn Ethanol plant leak
A notification of environmental concern inspection report from Feb. 12 noted "flow, dark water and odor," in water pictured on UNL property after a pipe burst on a 4 million-gallon digester tank at AltEn Ethanol near Mead, releasing waste material into the waterways and culverts more than 4 miles from the plant, according to the Nebraska Department of Environment and Energy.
Mead AltEn Ethanol plant leak
Water pools west of the leaking digester at Mead AltEn Ethanol on Feb. 12 after a pipe burst on a 4 million-gallon digester tank late last week, releasing waste material into the waterways and culverts more than 4 miles from the plant, according to the Nebraska Department of Environment and Energy.
Mead AltEn Ethanol plant leak
A depth finder measures flow from a leak on Feb. 12 after a pipe burst on a 4 million-gallon digester tank at AltEn Ethanol near Mead late last week, releasing waste material into the waterways and culverts more than 4 miles from the plant, according to the Nebraska Department of Environment and Energy.
Mead AltEn Ethanol plant leak
Mead AltEn Ethanol employees use trash pumps to transport water into an emergency lagoon on Feb. 12. A pipe burst on a 4 million-gallon digester tank at the plant late last week, releasing waste material into the waterways and culverts more than 4 miles from the plant, according to the Nebraska Department of Environment and Energy.
Mead AltEn Ethanol plant leak
Mead AltEn Ethanol employees work to install a trash pump to transport water into an emergency lagoon on Feb. 12. A pipe burst on a 4 million-gallon digester tank at the plant late last week, releasing waste material into the waterways and culverts more than 4 miles from the plant, according to the Nebraska Department of Environment and Energy.
Mead AltEn Ethanol plant leak
Water exits the damaged area (blue arrow) of a 4 million-gallon digester tank at AltEn Ethanol near Mead on Feb. 12, releasing waste material into the waterways and culverts more than 4 miles from the plant, according to the Nebraska Department of Environment and Energy.
AltEn Ethanol cleanup
A crew works to remove waste material from a culvert southeast of AltEn Ethanol on Tuesday in Saunders County.
Saunders County Board of Supervisors
Saunders County Supervisors David Lutton (from left), Doris Karloff and Craig Breunig listen to Saunders County Attorney Joe Dobesh (not seen) speak about communications with state officials about AltEn Ethanol in February in Wahoo.
AltEn Ethanol cleanup
An earthen dam blocks the flow of waste material in a waterway southeast of AltEn Ethanol last week in Saunders County.
Saunders County Board of Supervisors
Saunders County Attorney Joe Dobesh talks about his communication with state officials about AltEn Ethanol at a Saunders County Board of Supervisors meeting in late February in Wahoo.
AltEn Ethanol cleanup
A crew works to remove waste material from a culvert southeast of AltEn Ethanol on Tuesday in Saunders County.
Saunders County Board of Supervisors
The Saunders County Board of Supervisors listens to Saunders County Attorney Joe Dobesh (not pictured) speak about communications with state officials about AltEn Ethanol on Tuesday during the board's meeting in Wahoo.
AltEn Ethanol cleanup
A crew works to remove waste material from a culvert southeast of AltEn Ethanol on Tuesday in Saunders County.
Saunders County Board of Supervisors
Saunders County Supervisors David Lutton, Doris Karloff and Craig Breunig listen to Saunders County Attorney Joe Dobesh speaks about communications with state officials about AltEn Ethanol on Tuesday during the board's meeting in Wahoo.
AltEn aerial
The AltEn plant near Mead, which the state shut down earlier this year, is shown on Aug. 25. Along with the toxic solids spread on land surrounding the site, the environmental cleanup is also focused on removing pesticides from wastewater on the site.
Wet cake in field
This 2021 Google Maps image shows a location north of Mead where AltEn's distiller's grains were stockpiled in a cornfield.
Stan and Evelyn Keiser, 6.30
Evelyn and Stan Keiser had hoped to build a cabin on their property near a pond created by Stan Keiser's grandfather. The pond, once teeming with wildlife, is now a dead zone after pesticide-contaminated wastewater from the AltEn ethanol plant near Mead flowed downstream. The Keisers were also recently notified that their private well, which provides their drinking water, contains contaminants.
Keiser pond
Pesticide contaminated water that has run off from the AltEn ethanol plant near Mead has been responsible for rendering Stan and Evelyn Keiser's farm pond a dead zone.
Mead Tour, 7.8
Curtis Pearson of Mead talks Thursday during a meeting at Mead Covenant Church about the troubled AltEn ethanol plant near the town.
Mead Tour, 7.8
Stan Keiser talks Thursday during a meeting at Mead Covenant Church about the troubled AltEn ethanol plant near the town.
Reach the writer at 402-473-7120 or cdunker@journalstar.com.
On Twitter @ChrisDunkerLJS
