For immediate release: September 24, 2009



DNR ENFORCEMENT ACTIONS

MEDIA CONTACT: Full original orders and additional contacts online at www.iowadnr.gov/legal/eactions.html<http://www.iowadnr.gov/legal/eactions.html> or by contacting Jessie Brown at (515) 281-5131 or [log in to unmask]<mailto:[log in to unmask]>.

DES MOINES — The DNR has taken the following enforcement actions. The following are only briefs; copies of enforcement actions, including the full, original orders and contact information, are available on the DNR’s Web site at www.iowadnr.gov/legal/eactions.html<http://www.iowadnr.gov/legal/eactions.html>.


Administrative Orders

Responsible parties have 30 days to appeal the order or 60 days to pay the penalty.

Sioux County
Kenneth Beyer, Rock Valley
Received a Notice of Intent to Revoke Operator Certification. Notice to permanently revoke public water supply Grade 4 water distribution operator and Grade 3 water treatment operator certifications. The action has been appealed and is pending.

Statewide
Midwest Laboratories, Inc., Omaha, Neb.
Received a Notice of Intent to Revoke Laboratory Certification. Revocation to be effective 30 days after receipt of notice, unless a contested case hearing is requested prior to that date. The action has been appealed and is pending.



Consent Orders

A consent order is issued as an alternative to issuing an administrative order. A consent order indicates that the DNR has voluntarily entered into a legally enforceable agreement with the other party.

Adams County
Feeders Grain and Supply, Inc., Corning
Cease illegal solid waste open dumping and open burning, properly dispose of remaining solid waste, and pay $1,000 penalty.

Des Moines County
United States Gypsum Company, Mediapolis
Comply with air quality permit conditions, obtain construction permits before installing equipment and pay $6,000 penalty.

Dickinson County
Terrafact, Inc., Lake Park
Payment of $2,500 penalty for water quality violations.

Greene County
Holz Brothers, Inc., Grand Junction
Confine less than 1,000 cattle, maintain animal inventory records at facility and submit to DNR on a quarterly basis, ensure protection of state water quality standards, and pay stipulated penalties for any future noncompliance.

Hardin County
Hawkeye Renewables, LLC, Iowa Falls
Payment of $10,000 penalty for storm water violations.  Dried distiller grains accumulated in the storm water collection system and were released to waters of the state.

Linn County
SPS Properties LLC, Cedar Rapids
Pay $1,000 penalty for failure to conduct underground storage tank compliance inspection.

YMCA of Cedar Rapids Metropolitan Area
Submit timely monthly operation reports, conduct required sampling, submit plan to bring wastewater treatment facility into compliance with DNR standards and pay $4,000 penalty.

Osceola County
City of Ocheyedan
Update to wastewater compliance schedule, including stipulated penalties if deadlines are not met.

Steve Frick, Sibley
Obtain proper certification prior to applying manure, maintain proper manure management plan records and pay $4,100 penalty.

Page County
Page County Landfill Association, Clarinda
Schedule to upgrade the Page County Sanitary Landfill. This order resolves all outstanding issues related to two pending contested cases.

Sac County
Alchemist USA, LLC, Early
Pay $1,500 penalty for failure to conduct timely underground storage tank compliance inspection.

City of Sac City
Schedule to upgrade wastewater treatment facility and pay $10,000 penalty. The city can elect to pay a $2,500 administrative penalty and perform a Supplemental Environmental Project in lieu of $7,500 of the $10,000 penalty.

Scott County
Riverstone Group, Inc., LeClaire
Upgrade quarry dewatering disposal system, develop and implement operations and maintenance plan to prevent further violations, and pay $3,000 penalty.

Sioux County
GCC Alliance Concrete, LLC, Orange City
Comply with air quality construction permit requirements and pay $8,000 penalty for failure to obtain permits for 14 concrete batch plant facilities in Iowa prior to construction of these facilities.

Greg Koenen, Rock Valley
Pay $1,000 penalty for unpermitted modification to public water distribution system.

Warren County
City of Indianola
Compliance schedule for completion of upgrades to city’s sanitary sewer system.

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