IOWA DEPARTMENT OF NATURAL RESOURCES Sept. 13, 2007For immediate release 1. DNR enforcement actions DNR ENFORCEMENT ACTIONS MEDIA CONTACT: Jessie Brown at (515) 281-5131. DES MOINES - The DNR took the following enforcement actions in August2007, unless otherwise noted. The following are only briefs; pleasecontact Jessie Brown of the DNR for more information at (515) 281-5131. Enforcement actions, including copies of the original orders and contactinformation, are available on the DNR's Web site atwww.iowadnr.gov/legal/eactions.html. The Web listing offers orders firsttaken in 2007 (amendments to orders issued prior to 2007 are notlisted). Consent OrdersA consent order is issued as an alternative to issuing an administrativeorder. A consent order indicates that the DNR has voluntarily enteredinto a legally enforceable agreement with the other party. Carroll County* Neal Rupiper, of Carroll, agreed in a consent order to submit a planof action to the DNR for manure controls, to install manure controls andpay a $4,500 penalty. The consent order is in regard to a manuredischarge from an open cattle feedlot reaching Brushy Creek. Thisenforcement action was taken in June. Clinton County, Scott County* Schult Enterprises, LLC of Camanche, and Michael Schult, dba SchultEngineering, of Princeton, agreed in a consent order to pay a $4,000penalty and to install pollution control technology at a storm waterintake. The consent order is in regard to failure to properly report theoccurrence of a hazardous condition and an unpermitted discharge ofpollutants to the Mississippi River. Emmet County* Adam Anderson, of Armstrong, agreed in a consent order to surrenderhis Public Water system water treatment and water distribution operatorcertification. Anderson also agreed to be permanently barred fromapplying for public water supply and wastewater treatment systemoperator certification in Iowa. The consent order is in regard tofailure to maintain monthly operating reports (MORs) and test accordingto permit requirements, and falsified MORs for the City of Armstrong. Freemont County* Larry Whitehead, of Sidney, agreed in a consent order to pay a $2,500penalty and to submit leak test results to the DNR monthly. The consentorder is in regard to underground storage tank operation and maintenanceviolations at a site in Sidney. This enforcement action was taken inJune. Iowa County* Ross McCaw, dba McCaw Pumping Company, of Marengo, agreed in a consentorder to cease and prevent the discharge of pollutants to waters of theState, pay a $7,500 penalty and pay $9,123.07 in fish restitution. Theconsent order is in regard to manure reaching Prairie Creek duringmanure application and a resulting fish kill. This enforcement actionwas taken in June. Lee County* Brian Boyd, dba Southeast Iowa Redemption Center, of Keokuk, agreed ina consent order to pay a $500 penalty. The consent order is in regard toopen burning and open dumping violations at a site in Lee County. Mills County* Craig Hancock, dba Country Estates Mobile Home Park, of CouncilBluffs, agreed in a consent order to remove and properly dispose allmobile homes, junk automobiles and appliances, and other solid waste ata site in Mills County. Hancock also agreed to perform asbestos testingand abatement before disposing any mobile home, to submit receipts tothe DNR to verify proper disposal of all materials removed from thesite, and to pay a $3,000 penalty. This enforcement action was taken inApril. Union County* Wellman Dynamics Corporation, of Creston, agreed in a consent order tocomply with air quality construction permit, Title V permitting, PSDpermitting and NESHAP requirements; and to pay a $10,000 penalty. Theconsent order is in regard to air quality permitting violations. Writer: Jessie Brown -30-
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