DNR ENFORCEMENT ACTIONS

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.

Administrative Orders

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

Kossuth County

Christopher Hardt, Swea City

Pay $2,000 penalty and associated fees for late submittal of manure management plan.

Louisa County

Bret Cassens, dba J&J Pit Stop, Columbus Junction

Permanently close underground storage tanks, submit past due tank registration fees of $2,835, and pay $8,700 penalty.

Washington County

Lake Trio Homeowner’s Improvement Association, Inc.

Schedule for improvements to wastewater treatment facility and payment of $3,000 penalty.

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.

Audubon County

Equipment Brokers, Inc., Audubon

Submit required Minor Source Emissions Inventory information to DNR and pay $750 penalty.

Buena Vista County

4-Star Pork, LLC

Pay $2,000 penalty for late submittal of manure management plan.

Carroll County

Arcadia Limestone Co., Arcadia

Pay $2,500 penalty for open burning and open dumping violations.

Clarke County

City of Osceola

Agree to a compliance schedule for the completion of sanitary sewer collection system improvements for the city’s sanitary sewer collection system. The city also agreed to stipulated penalties if it does not meet the schedule.

Floyd County

Todd Smeby, dba Smeby Farms

Pay $4,500 penalty for manure application certification violations.

Hardin County

Pet Pork, Inc.

Pay $2,000 penalty for manure release from facility.

Henry County

TC Tiling & Excavating, Inc., Wayland

Pay $3,000 penalty for asbestos violations that occurred during the demolition of a commercial building.

Lyon County

Doeden Farms Inc.

Ensure that manure is applied only in fields included in manure management plans (MMPs) for facilities from which the manure is removed, comply with all provisions of the MMPs for the facilities for which the company is land applying for, and pay $9,000 penalty for manure application violations.

Rock Bottom Dairy, Inc. and Bernie Bakker

Properly retain manure, cease illegal discharges to waters of the state, pay fish restitution of $1,047.92 and a $6,000 penalty.

Marion County

James Mathes

Pay $4,500 penalty for manure storage violations.

Palo Alto County

John Kajewski

Pay $2,500 penalty for failure to timely submit manure management plan and fees.

Scott County

Nichols Aluminum LLC, Davenport

Pay $1,500 penalty for failure to timely submit air quality permit (Title V) program reports and fees.

Wapello County

Chamness Technology, Inc.

Comply with wastewater and solid waste permits, maintain adequate freeboard in storm water ponds, use best management practices to minimize odor, develop contingency plan for alternative disposal of wastewater in the event the facility ponds are nearing full capacity and land application is not possible, and pay $10,000 penalty. In lieu of paying $8,000 of the penalty, Chamness is authorized to perform a supplemental environmental project with Drake University and the Wapello County Conservation Board regarding the effects of compost on prairie seed production.

Winneshiek County

Schmitt Dairy, Inc.

Ensure individuals handling manure are properly certified, submit all past due manure management plan fees, notify DNR prior to winter manure application, and pay $8,000 penalty.

 Consent Amendments

A consent amendment is issued in settlement of a previous administrative order or to amend a pre-existing consent order. A consent amendment indicates that the DNR has voluntarily entered into a legally enforceable agreement with the other party.

 Union County

Board of Trustees, City of Creston Water Works

In a consent amendment to an administrative order, the board agreed to amended dates in a compliance schedule and the Water Works agrees to dismiss earlier appeal. 

 

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