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. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - For SC email list T-and-C, send: GET TERMS-AND-CONDITIONS.CURRENT to [log in to unmask]