Forwarded by Jane Clark
Iowa DNR News
Environmental Protection

For more information, contact Karen Grimes, DNR, at 515/281-5135

EPC UPHOLDS DECISION ON WAL-MART CONSTRUCTION

The decision by an Iowa Administrative Law judge to allow the construction
of a new Wal-Mart on the Upper Iowa River flood plain in Decorah was
unanimously upheld Monday by the Iowa Environmental Protection Commission.

Local citizens asked the commission to set aside the judge's decision to
uphold the Department of Natural Resources decision to allow construction of
the Wal-Mart in the flood plain.

Karl Knudson, an attorney for the local citizens, argued that the DNR did
not have enough information to accurately predict a 100-year flood on the
property being developed and that it did not give enough consideration in
its decision to the Protected Water Area (PWA) designation for the Upper
Iowa River.

But Randy Clark, an attorney for the DNR, said the department based its
decision on reasonable information used in projecting the severity of
100-year floods. He also said the department is required to rule on a flood
plain permit within six months after receiving a complete application and
did not have the ability to wait for years to document the extent of actual
flooding.

Clark also said the permit request from Wal-Mart did get extra scrutiny from
the DNR because of the Protected Water Area status, but that such a
designation is voluntary and that there is nothing in state law that allows
the DNR to deny the permit on that basis.

The DNR did give the permit application careful scrutiny and Wal-Mart did
agree to establish a tree buffer between its development in the river as a
result of a request from the department, said Chuck Becker, an attorney
representing Wal-Mart.

The commission's decision can be appealed to district court.

AIR QUALITY RULES

Commissioners tabled a petition from the Iowa Citizens for Community
Improvement that would have added comprehensive air quality rules and set
emission standards for air pollution from confined feeding operations.  The
ICCI concurred with the six-month delay, but emphasized their members'
concern about public health issues and asked the EPC to move forward with
public hearings.

However, the EPC tabled the DNR's proposal for a subject matter rulemaking
on air quality regulations around animal feeding operations for two months
to give Director Jeff Vonk time to review the issues.


Commissioners approved a final rule that will provide low interest loans for
upgrading septic tanks.

They approved the following 12 nonpoint source pollution contracts:
· $80,000 for water quality in Rathbun Lake to demonstrate low cost methods
for livestock waste management in Wayne County,
· $167,000 for water quality in Bob White Lake in Wayne County,
· $72,000 for water quality in Corydon Reservoir in Wayne County,
· $280,000 for Mineral Creek Water Quality Project in Jones County,
· $300,000 for Three Lake Water Quality Project in Adams County,
· $125,000 for Rock Creek Water Quality Project in Clinton County,
· $240,000 for Mud Creek Water Quality Project in Muscatine County,
· $300,000 for Lake Darling Water Quality Improvement Initiative in
Washington County,
· $55,800 for Whitebreast Creek Watershed Restoration Project in Clarke
County,
· $20,000 for Iowa Great Lakes Clean Water Project in Dickinson County,
· $200,000 for Rock Creek Lake Watershed Improvement Project in Jasper
County, and
· $60,000 for South Fork Watershed Demonstration Project in Hardin County.

In other action, the EPC approved the following contracts:
· not more than $60,000 to JaKel, Inc. provide hazardous materials training
to science teachers and administrators in the thirteen Area Education
Agencies.
· $2,215,575 to Greenman Technologies to clean up approximately 2.25 million
tires at the Grell waste tire stockpile, Fort Dodge.
· $1,175,000 to Greenman Technologies to clean up an estimated 500,000 tires
at the Freland Estate Stockpile, Marshall County.
· $899,640 to Greenman Technologies to clean up smaller stockpile sites of
630,000 tires located throughout the state.
· $101,075 to Aquadrill, Inc. to construct groundwater monitoring wells in
Briggs Woods near Webster City.
· $62,710 to Dr. Kurt Pontasch, Department of Biology at University of
Northern Iowa to conduct pesticide monitoring of streams.
· $94,425 to Dana W. Kolpin, U.S. Geological Survey in Iowa City to monitor
organic chemicals including pharmaceuticals in Iowa streams.

The following two cases were referred to the Attorney General's office:
· Winter Mobile Home Park in New Hampton for a water supply violation and
penalties,
· Robert (Jerry) Condon, Home Asbestos & Lead Abatement Services in West Des
Moines for an air quality violation and penalty.

The members of the commission are Terrance Townsend, Chair, Newton; James
Braun, Latimer; Lisa Davis-Cook, West Des Moines; Kathryn Murphy, LeMars;
Rita Venner, Breda; Rozanne King, Mondamin; Gary C. Priebe, Algona; Darrell
Hanson, Manchester and Randal Giannetto, Marshalltown.  The director of the
DNR is Jeff Vonk.

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