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DNR Enforcement Actions
Many times, environmental improvement comes as a result of an enforcement action. Enforcement must take place when people choose to circumvent the law or do not understand the full impact of their actions on our environment.
The DNR is charged with ensuring compliance with State of Iowa environmental laws and rules. The compliance portion of the DNR improves our environment through educating citizens and promoting awareness of the environmental impacts of our actions and awareness of applicable law.
Orders are listed beginning with those issued in 2008.
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Consent Orders
A consent order is issued in settlement of an administrative order or 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.
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Jacob Nielsen
Jacob Nielsen, of Newell, agreed in a consent order to install a gate at his property that would restrict access to the site where open burning and improper solid waste disposal violations occurred, and to pay a $2,000 penalty. The order is in regard to air quality and solid waste disposal violations that occurred during the demolition of two commercial buildings in Newell.
(Full Consent Order)
Contact: Kelli Book
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Tommy and Debra Weaver
Tommy and Debra Weaver, of Rockwell, agreed in a consent order to submit an as-built application and pay a $5,000 penalty. The order is in response to a construction permit violation at the Weavers' confinement facility in Rockwell.
(Full Consent Order)
Contact: Kelli Book
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Westrum Farms, Inc.
Westrum Farms, Inc., of Stratford, agreed in a consent order to pay a $5,500 penalty. The order is in regard to manure maintenance, manure release notification and improper manure discharge issues.
(Full Consent Order)
Contact: Kelli Book
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Red Barn Acres, LLC
Red Barn Acres, LLC, of Blairsburg, agreed in a consent order to pay a $4,000 penalty. The order is in response to issues involving open burning, improper solid waste disposal and prohibited manure discharge. The penalty has been paid.
(Full Consent Order)
Contact: Kelli Book
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Wes and Jaci Vande Krol
Wes and Jaci Vande Krol, of Lynnville, agreed in a consent order to submit receipts of all landfill tickets to the DNR and pay a $1,500 penalty. The order is in regard to air quality and solid waste disposal violations that occurred during the burning of their previously demolished house in Lynnville. The penalty has been paid and the area has been cleaned up.
(Full Consent Order)
Contact: Kelli Book
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Ray Griffin
Ray Griffin, of Richland, agreed in a consent order to pay a $2,500 penalty and $7,500 Supplemental Environmental Project, and to voluntarily give up his municipal solid waste landfill (MSWLF) operator certification. The order is in regard to violations at the SEMCO landfill, where he is landfill manager.
(Full Consent Order)
Contact: Jon Tack
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A'Hearn Plumbing and Heating, Inc.
A'Hearn Plumbing and Heating, Inc., of Hiawatha, agreed in a consent order to pay a $700 penalty and a $2,800 Supplemental Environmental Project, including asbestos training for A'Hearn employees. The consent order is in regard to a demolition project at Stewart Elementary School in Washington.
(Full Consent Order)
Contact: Kelli Book
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Mahaska Rural Water System, Inc.
Mahaska Rural Water System, Inc., of Oskaloosa, agreed in a consent order to pay a $1,000 penalty after failing to renew a National Pollutant Discharge Elimination System (NPDES) permit in a timely manner for its wastewater disposal system in Rose Hill.
(Full Consent Order)
Contact: Kelli Book
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Mahaska Rural Water System, Inc.
Mahaska Rural Water System, Inc., of Oskaloosa, agreed in a consent order to pay a $1,000 penalty after failing to renew a National Pollutant Discharge Elimination System (NPDES) permit in a timely manner for its wastewater disposal system in Rose Hill.
(Full Consent Order)
Contact: Diana Hansen
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Ripley, Inc., dba Clearview Mobile Home Park
Ripley, Inc., dba Clearview Mobile Home Park, of Muscatine, agreed in a consent order to comply with a schedule for wastewater treatment facility improvements. The order is in regard to settling an appeal of the facility's National Pollutant Discharge Elimination System (NPDES) permit.
(Full Consent Order)
Contact: Diana Hansen
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Axmear Pumping, LLC
Axmear Pumping, LLC, of Malcom, agreed in a consent order to pay a $5,000 penalty. The order is in response to a manure discharge into an unnamed tributary of Prairie Creek near Blairstown. The penalty has been paid.
(Full Consent Order)
Contact: Kelli Book
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Chamness Technology, Inc.
Chamness Technology, Inc., of Eddyville, agreed in a consent order to comply with a plan of action that includes, among others, a storm water prevention plan amendment and storm water pond sludge management guidelines. Chamness also agreed to pay a $2,000 penalty to the DNR and an $8,000 Supplemental Environmental Project (SEP) to the Iowa Natural Heritage Foundation. The order is in regard to wastewater and solid waste violations. The penalty and SEP have been paid.
(Full Consent Order)
Contact: Kelli Book
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Administrative Orders
Responsible parties have 30 days to appeal the order or 60 days to pay the penalty.
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Richard Solasberry, Sr.
Richard Solasberry, Sr., of Colfax, was issued an administrative order to cease open burning, clean up unsalvageable material not kept for personal use, deny any additional unsalvageable material and pay a $750 penalty. The order is in regard to improper burning and solid waste disposal violations. The penalty has been paid.
(Full Administrative Order)
Contact: Anne Preziosi
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Rodney and Melissa Mandernach
Rodney and Melissa Mandernach, of Newell, were ordered to submit a complete manure management plan for their animal confinement feeding operation, pay all respective fees for 2008 at the time of filing the manure management plan, and pay a $4,000 penalty. The order is in regard to failure to submit a complete manure management plan and fees within the required time frame.
(Full Administrative Order)
Contact: Kelli Book
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James D. Olchefski, dba Hidden Valley Mobile Home Park
James D. Olchefski, dba Hidden Valley Mobile Home Park, of Hudson, Wisc., was ordered to complete cleanup of his property and deliver salvage, recycle and landfill receipts to the DNR, and pay a $3,000 penalty. The order is regarding repeated open dumping and open burning violations at the site. This order has been appealed.
(Full Administrative Order)
Contact: Anne Preziosi
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Edna Richman, dba Hidden Valley Mobile Home Park
Edna Richman, of Ottumwa, was ordered to complete cleanup of her property and deliver all salvage, recycle and landfill receipts to the DNR, and pay a $3,000 penalty. The order is in regard to solid waste and air quality violations. This order has been appealed.
(Full Administrative Order)
Contact: Anne Preziosi
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Consent Orders
A consent order is issued in settlement of an administrative order or 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.
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Select View, LLC, and Michael and Angela Tomka
Select View, LLC, and Michael and Angela Tomka, of Carroll, agreed in a consent order to remove all solid waste and dispose it at a permitted landfill, submit a copy of the landfill receipts to the DNR, and pay a $1,000 penalty. The consent order is in regard to air quality and solid waste disposal violations. The penalty has been paid.
(Full Consent Order)
Contact: Kelli Book
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Michael Sinning
Michael Sinning, of Rockford, agreed in a consent order to pay a $1,500 penalty. The order is in regard to manure application violations. The penalty has been paid.
(Full Consent Order)
Contact: Kelli Book
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Aaron Wisman
Aaron Wisman, of Rolfe, agreed in a consent order to pay a $1,000 penalty. The order is in regard to air quality and solid waste violations stemming from illegal dumping and open burning.
(Full Consent Order)
Contact: Anne Preziosi
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The city of Algona
The city of Algona agreed in a consent order to submit a maintenance and prevention plan to the DNR, carry out the plan upon DNR approval, and pay a $4,000 penalty. The consent order is in regard to DNR rule and National Pollutant Discharge Elimination System (NPDES) permit violations.
(Full Consent Order)
Contact: David Wornson
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Rodney Fastert
Rodney Fastert, of Rock Rapids, agreed in a consent order to cease all open burning of tires and other solid waste, dispose all tires and tire remnants, submit all landfill receipts to the DNR, and pay a $4,000 penalty. The consent order is in regard to air quality and solid waste disposal violations. The penalty has been paid.
(Full Consent Order)
Contact: Kelli Book
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Holst Trucking Company, Inc.
Holst Trucking Company, Inc., of LeClaire, agreed in a consent order to place an advertisement in the local newspaper stating the company's noncompliance with Iowa open dumping and open burning rules, and to pay a $1,535.50 penalty. The order is in regard to open burning of combustible materials violations and improper solid waste disposal.
(Full Consent Order)
Contact: Anne Preziosi
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Sivyer Steel Corporation
Sivyer Steel Corporation, of Bettendorf, agreed in a consent order to demonstrate compliance with current permit limits or submit permit modifications showing that proposed modifications are protective of National Ambient Air Quality Standards, and pay a $7,000 penalty. The order is in regard to air quality violations.
(Full Consent Order)
Contact: Anne Preziosi
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Couser Cattle Company
Couser Cattle Company, of Nevada, agreed in a consent order to comply with all conditions of a renewed National Pollutant Discharge Elimination System (NPDES) permit as issued by the DNR and pay a $500 per violation per day if compliance is not met. The consent order is in regard to NPDES permit violations.
(Full Consent Order)
Contact: Randy Clark
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Outback Campground and Resort, LLC
Outback Campground and Resort, LLC, of Tama, agreed in a consent order to cease open burning of solid waste on facility grounds, cease further water supply cross connections at the site, and pay a $1,000 penalty. The order is in regard to storm water discharge permit violations, improper solid waste disposal and improper open burning. The penalty has been paid.
(Full Consent Order)
Contact: Kelli Book
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Herberger Construction Company, Inc.
Herberger Construction Company, Inc., of Indianola, agreed in a consent order to immediately cease illegal open burning of trade wastes and other materials at any location in Iowa, comply in the future with all state and local requirements regarding illegal open burning, and pay a $1,000 penalty. The order is in regard to violations of the open burning of trade waste.
(Full Consent Order)
Contact: Anne Preziosi
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DeLong Construction, Inc.
DeLong Construction, Inc., of Washington, agreed in a consent order to immediately cease any and all open burning of waste at their respective business site and any other site in Iowa, and pay a $2,000 penalty. The order is in regard to solid waste and air quality violations.
(Full Consent Order)
Contact: Anne Preziosi
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The City of Promise City
The City of Promise City agreed in a consent order to comply with and follow a schedule for the construction of waste disposal facilities required to meet all applicable legal standards and pay a $2,800 penalty. The order is regarding an agreement with the DNR to install a centralized sewer system and wastewater treatment system.
(Full Consent Order)
Contact: Carrie Schoenebaum or Ed Tormey
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The City of Promise City
Frontier Ethanol, LLC, dba POET Biorefining-Gowrie, of Gowrie, agreed in a consent order to pay a $7,500 penalty. The consent order is in regard to New Source Performance Standards (NSPS) permit violations.
(Full Consent Order)
Contact: Carrie Schoenebaum or Ed Tormey
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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.
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Environmental Reclamation and Recycling, LLC
Environmental Reclamation and Recycling, LLC, of Des Moines, agreed in a consent amendment to remove and dispose all stockpiled material, unearth all materials previously deposited, and submit all appropriate verification records to the DNR. The order also instructs Environmental Reclamation and Recycling, LLC, to pay a $1,000 penalty for each month compliance deadlines are not met. This amends a 2008 administrative order regarding solid waste violations.
(Full Consent Amendment)
Contact: Jon Tack
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Administrative Orders
Responsible parties have 30 days to appeal the order or 60 days to pay the penalty.
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Brush and Weed Control Specialists, Inc.
Brush and Weed Control Specialists, Inc. (BWCS), of Algona, and New Farmers Drainage District (NFDD), of Onawa, were issued an administrative order to compensate the DNR for damages of a fish kill due to the misapplication of herbicides by BWCS to a water of the State owned and controlled by NFDD. BWCS is ordered to pay $14,732.89 in fish restitution. BWCS and NFDD were each ordered to pay a $5,000 penalty, with BWCS ordered to pay an additional culpability assessment of $4,000. NFDD was ordered to pay a culpability assessment of $1,000 and to notify the DNR at least 72 hours prior to applying herbicides within the drainage district in 2008 and 2009.
(Full Administrative Order)
Contact: David Wornson
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Consent Orders
A consent order is issued in settlement of an administrative order or 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.
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John Wibholm
John Wibholm, of Alden, agreed in a consent order to become a certified manure applicator prior to land-applying manure and pay a $6,000 penalty. The consent order is in regard to a manure discharge near the Iowa River in Hardin County.
(Full Consent Order)
Contact: Kelli Book
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City of Oxford
The City of Oxford agreed in a consent order to pay a $7,500 penalty. The consent order is in regard to violations of the city's public water supply permit and related DNR regulations.
(Full Consent Order)
Contact: David Wornson
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Gregory Manufacturing Company
Gregory Manufacturing Company, of Fort Madison, agreed in a consent order to comply with all construction permit and Title V permit recordkeeping requirements, submit a plan of action to the DNR detailing steps the company will take to stay in compliance in the future, and pay a $2,500 penalty. The order is in regard to air quality violations at a Fort Madison facility.
(Full Consent Order)
Contact: Kelli Book
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Hillside Ag Inc.
Hillside Ag Inc., of George, agreed in a consent order to operate and maintain animal feeding operation structures in compliance with DNR regulations and pay a $3,000 penalty. The consent order is in regard to a prohibited manure discharge and failure to contain manure from a confinement feeding operation.
(Full Consent Order)
Contact: Kelli Book
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Martin Marietta Materials, Inc.
Martin Marietta Materials, Inc., of Des Moines, agreed in a consent order to comply with all air quality construction permit requirements in the future and pay a $6,500 penalty. The consent order is in regard to construction permit violations occurring at Martin Marietta sites in Iowa.
(Full Consent Order)
Contact: Anne Preziosi
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D & D Construction Services, Inc.
D & D Construction Services, Inc., of Council Bluffs, agreed in a consent order to comply with asbestos and solid waste regulations in the future and pay a $3,100 penalty. The consent order is in regard to solid waste disposal violations at a property site in Council Bluffs.
(Full Consent Order)
Contact: Kelli Book
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Frank Sollazzo
Frank Sollazzo, of Council Bluffs, agreed in a consent order to file an affidavit with the Pottawattamie County Recorder indicating the burial of solid waste on his property, secure his property by installing a locked fence, comply with all solid waste disposal regulations in the future, and pay a $3,500 penalty. The consent order is in regard to solid waste disposal violations.
(Full Consent Order)
Contact: Kelli Book
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MidAmerican Energy Company
MidAmerican Energy Company, of Council Bluffs, agreed in a consent order to comply with air quality construction permit requirements in the future and paid a $2,950 penalty. The order was in regard to a construction permit violation that occurred at the MidAmerican Walter Scott Jr. Energy Center in Council Bluffs.
(Full Consent Order)
Contact: Anne Preziosi
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Wallace Bustad and Wallace Bustad Crane Service, Inc.
Wallace Bustad and Wallace Bustad Crane Service, Inc., of Austin, Minn., agreed in a consent order to comply with all asbestos regulations for future renovations and demolitions, and pay a $3000 penalty. The consent order is in regard to a demolition project at DeBruce Grain in Joice, Iowa.
(Full Consent Order)
Contact: Kelli Book
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Casey's General Stores, Inc.
Casey's General Stores, Inc., of Ankeny, agreed in a consent order to implement a free product recovery plan and free product assessment report to the DNR. The consent order is in regard to a release of petroleum from an underground storage tank located in Ankeny.
(Full Consent Order)
Contact: David Wornson
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Whitestone Farms, LLP
Whitestone Farms, LLP, of Burnsville, Minn., agreed in a consent order to resolve issues surrounding manure discharge and control violations at several Iowa facilities. Among other actions, Whitestone agrees to submit a list of facilities it owns or operates in the state of Iowa to the DNR, submit a plan of action to ensure any manure releases are reported in a timely manner, and pay a $5,000 penalty. The facilities are located in Taylor, Union and Ringgold Counties, but are no longer owned by Whitestone Farms.
(Full Consent Order)
Contact: Kelli Book
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Richard Atsma
Richard Atsma, of Granville, agreed in a consent order to resolve issues with manure discharge from the Atsma Dairy and to pay a $2,500 penalty. The consent order is in regard to failure to construct and maintain manure control structures to contain runoff at all times.
(Full Consent Order)
Contact: Kelli Book
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Brian Hofmeyer
Brian Hofmeyer, of Hospers, agreed in a consent order to operate and maintain animal feeding operation structures in compliance with all applicable DNR rules and regulations, and to pay an administrative penalty of $6,750 and restitution in the amount of $9,336. The consent order is in regard to a prohibited manure discharge that led to a fish kill.
(Full Consent Order)
Contact: Kelli Book
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Van Voorst Dairy, LLC
Van Voorst Dairy, LLC, of Sioux Center, agreed in a consent order to pay a $4,000 penalty. The consent order is in regard to improper land application of manure, which resulted in water quality violations.
(Full Consent Order)
Contact: Kelli Book
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Partners in Pork, LLP
Partners in Pork, LLP, of Audubon, and Aries Sow, LLC, of Afton agreed in a consent order to reduce the population of the Stateline Pork facility in Middlefork Township. The facility was recently acquired from WhiteStone Farms and was operating over capacity at the time of purchase. The new owners have agreed to reduce the amount of animals to the permitted limit within 90 days of the closing date of the sale, and to submit animal inventories every 30 days until the permitted level is reached.
(Full Consent Order)
Contact: Kelli Book
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Iowa Select Farms, LLP
Iowa Select Farms, LLP, of Des Moines, agreed in a consent order to submit an original manure management plan (MMP) for each animal feeding operation that it acquires from WhiteStone Farms. Until an MMP is approved, the company will comply with certain procedures outlined in the consent order regarding manure application and freeboard reporting. The animal feeding operations are located in Clark, Ringgold, Taylor and Union Counties.
(Full Consent Order)
Contact: Randy Clark
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Clinton County Bio Energy, LLC
Clinton County Bio Energy, LLC, agreed in a consent order to comply with all stormwater discharge permit requirements, submit an updated Pollution Prevention Plan (PPP) and pay a $7,000 penalty. This consent order was in regard to a wastewater discharge violations and failure to have an appropriate PPP.
(Full Consent Order)
Contact: Jon Tack
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Donald Burken Sr., Donald Burken Jr., and L&M Hogs, LLC
Donald Burken Sr., Donald Burken Jr., and L&M Hogs, LLC, of Clinton, agreed in a consent order to take several measures to comply with DNR air quality, water quality, solid waste and animal feeding operations standards. Among other actions, they agree to submit and implement a plan of action regarding the development of a manure control system, bury dead animals within 24 hours of their death, cease all improper waste removal and open burning, and pay a penalty of $4,500.
(Full Consent Order)
Contact: Kelli Book
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The City of Fairfield
The City of Fairfield agreed in a consent order to submit inflow and infiltration data concerning the wastewater collection system and to submit a plan of action and compliance schedule for elimination of sanitary sewer overflows in the wastewater collection system. The city agrees to pay stipulated penalties if these deadlines are not met. The order was in response to a number of sanitary sewage overflows found in the city's sewer system.
(Full Consent Order)
Contact: Diana Hansen
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Joe'd, Karen, and Jesse Axmear
Joe'd, Karen, and Jesse Axmear of North English, agreed in a consent order to submit a complete Iowa phosphorus manure management plan (MMP) and pay a $4,000 penalty. The consent order was in regards to failure to submit an MMP.
(Full Consent Order)
Contact: Carrie Schoenebaum or Ed Tormey
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Karl Molyneux
Karl Molyneux, of What Cheer, agreed in a consent order to cease illegal dumping of solid waste and open burning, to clean up the property where the salvage goods have been burned and ash piles remain, to provide receipts proving proper disposal of this waste and ash, and to pay a $2,500 penalty. The consent order is in regard to violations of solid waste and open burning laws and regulations.
(Full Consent Order)
Contact: Tamara Mullen
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Mike Welter, dba M&M Enterprises
Mike Welter, dba M&M Enterprises, of Sigourney, agreed in a consent order to clean up solid waste materials, submit receipts of proper disposal to the DNR, and to pay a $2,000 penalty. The consent order is in regard to open burning violations at a site in Sigourney.
(Full Consent Order)
Contact: Anne Preziosi
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Roquette America, Inc.
Roquette America, Inc., of Keokuk, agreed with the DNR in a consent order to create a compliance schedule for correcting specific violations so that the DNR may consider the issuance of construction permits to Roquette. The consent order is in regard to failure to demonstrate compliance with specific emission limit tests and other air quality violations.
(Full Consent Order)
Contact: Kelli Book
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Lee Construction, Inc.
Lee Construction, Inc., of Council Bluffs, agreed in a consent order to comply with all stormwater discharge permit requirements for the Lake Ohana Subdivision development near Glenwood, and to pay a penalty of $2,000. The consent order is due to failure to maintain stormwater discharge control measures that prevent unauthorized discharge of sediment from the site.
(Full Consent Order)
Contact: Jon Tack
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N-T Lands, LLC, Ohana Lakes, LLC, and Craig Nakomoto
N-T Lands, LLC, Ohana Lakes, LLC, and Craig Nakomoto, of Glenwood, agreed in a consent order to comply with all stormwater discharge permit requirements for the Lake Ohana Subdivision development and to pay a $9,750 penalty. The consent order is in regard to failure to maintain stormwater discharge control measures that prevent unauthorized discharge of sediment from the site.
(Full Consent Order)
Contact: Jon Tack
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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.
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Goldsmith and Son, Inc., John E. Goldsmith, and J & G Pallet, L.L.C.
Goldsmith and Son, Inc., John E. Goldsmith, and J & G Pallet, L.L.C. of Sergeant Bluff, agreed in a consent amendment to pay a $5,000 penalty. This amends a 2007 administrative order regarding wastewater violations at a truck wash site in Sergeant Bluff.
(Full Consent Amendment)
Contact: Diana Hansen
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Consent Orders
A consent order is issued in settlement of an administrative order or 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.
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Binder Trucking, Inc.
Binder Trucking, Inc., of Rembrandt, agreed in a consent order to cease all illegal discharges to waters of the State, pay $623.54 in fish kill restitution and an $8,000 penalty. The consent order is in regard to land application of wastewater from a truck wash in Buena Vista County that resulted in a fish kill.
(Full Consent Order)
Contact: Carrie Schoenebaum or Ed Tormey
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Mark Petersen
Mark Petersen, of Sac City, agreed in a consent order to properly retain and apply manure, to submit a manure management plan and fees to the DNR, to properly dispose of dead animals within 24 hours of death, and to pay a $4,000 penalty. The consent order is in regard to manure releases and improper animal disposal at an animal feeding operation in Calhoun County.
(Full Consent Order)
Contact: Kelli Book
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William Norton
William Norton, of Tipton, agreed in a consent order to cease all illegal discharges, to obtain an operation permit and to pay a $2,500 penalty. The consent order is in regard to illegal discharge of spoiled milk from a dairy operation in Cedar County to Sugar Creek.
(Full Consent Order)
Contact: Carrie Schoenebaum or Ed Tormey
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Stonegate Land Company, L.C.
Stonegate Land Company, L.C., of West Des Moines, agreed in a consent order to pay an $8,000 penalty. The consent order is in regard to stormwater violations at a development site in Clive in Dallas County.
(Full Consent Order)
Contact: Carrie Schoenebaum or Ed Tormey
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VeraSun Charles City, LLC
VeraSun Charles City, LLC, of Charles City, agreed in a consent order to pay a $9,000 penalty. The consent order is in regard to air quality permitting violations at the Charles City ethanol plant.
(Full Consent Order)
Contact: Kelli Book
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Dexter Laundry, Inc.
Dexter Laundry, Inc., of Fairfield, agreed in a consent order to pay a $10,000 penalty, or pay a $2,500 penalty and put $7,500 towards a supplemental environmental project (SEP). Dexter Laundry has proposed installing a new water pretreatment system as the SEP. The consent order is in regard to wastewater violations.
(Full Consent Order)
Contact: Diana Hansen
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Doug Harris
Doug Harris, of Morning Sun, agreed in a consent order to submit a plan of action to the DNR outlining steps to ensure surface waters do not enter his manure pits, pay $4,196.42 in fish restitution and pay a $5,000 penalty. The consent order is in regard to a manure discharge and resulting fish kill in Otter Creek.
(Full Consent Order)
Contact: Kelli Book
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City of Ocheyedan
The City of Ocheyedan agreed in a consent order to comply with a schedule for improvements to its wastewater facility, to properly operate and maintain the existing facilities, and to pay stipulated penalties if deadlines are not met. The consent order is in regard to effluent limit, operation and maintenance violations at the city's wastewater treatment facility.
(Full Consent Order)
Contact: Diana Hansen
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City of Bedford
The City of Bedford agreed in a consent order to have a city employee attend an asbestos inspector training course, submit proof of course completion, and pay a $2,000 penalty. The consent order is in regard to asbestos violations during a demolition project at the Farrens Building in Bedford.
(Full Consent Order)
Contact: Kelli Book
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DeLong Construction, Inc.
DeLong Construction, Inc., of Washington, agreed in a consent order to pay a $3,000 penalty. The consent order is in regard to asbestos violations at a demolition project at Washington County Hospital.
(Full Consent Order)
Contact: Kelli Book
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Steve Elsbernd
Steve Elsbernd, of Ridgeway, agreed in a consent order to submit a plan of action to the DNR addressing adequate manure storage, submit a structural engineer's evaluation of his concrete manure storage structure to the DNR, pay $2,010.30 in fish restitution and pay a $3,500 penalty. The consent order is in regard to a manure release into Ten Mile Creek and a resulting fish kill.
(Full Consent Order)
Contact: Kelli Book
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Administrative Orders
Responsible parties have 30 days to appeal the order or 60 days to pay the penalty.
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Ridges Seventh Addition, Lakewood Hills Dam
The owners of lots 6 through 14 in the Ridges Seventh Addition in Cedar Falls were issued an administrative order to correct the regulatory flood elevation in their development. The order comes after DNR staff reviewed a hydraulic analysis of Lakewood Hills Dam and concluded that the regulatory flood elevation for property located downstream of the dam should be modified to a lower elevation. The modifications affect any future construction. This order was issued in October 2007.
(Full Administrative Order)
Contact: Randy Clark
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City of Wiota
The City of Wiota was issued an emergency administrative order to make improvements to its public water supply, maintain treatment standards, comply with reporting requirements and to perform regular water monitoring. The order is in regard to acute violations of the maximum contaminant level (MCL) for e. Coli bacteria and fecal coliforms in July and August 2007. This order was issued in August 2007.
(Full Administrative Order)
Contact: Diana Hansen
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Leland Van Kooten and Darin Van Kooten
Leland Van Kooten and Darin Van Kooten, of Leighton, were issued an administrative order to properly close a confinement operation, and to remove and properly land-apply all manure from confinement buildings and storage lagoons. The Van Kootens were also ordered to pay a $5,500 penalty. The order is in regard to proper closure procedures for confinement sites no longer in operation. The order was issued in October 2007.
(Full Administrative Order)
Contact: Kelli Book
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Richard Steen and Jeff Behrens
Richard Steen, of Emerson, and Jeff Behrens, of Glidden, were issued an administrative order to pay an $8,000 penalty and submit proof they no longer own or operate the facility in question, or submit their plans for manure controls. The order is in regard to a manure discharge from an open cattle feedlot in Montgomery County.
(Full Administrative Order)
Contact: Kelli Book
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Anthony Herman, dba Mighty Good Used Cars
Anthony Herman, dba Mighty Good Used Cars, of Polk City, was issued an administrative order to revise and implement his facility's pollution prevention plan to prevent future discharge of contaminants, and to pay a $7,500 penalty. The order is in regard to storm water discharge violations. Herman has appealed the order.
(Full Administrative Order)
Contact: Jon Tack
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Consent Orders
A consent order is issued in settlement of an administrative order or 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.
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Xethanol Biofuels, LLC
Xethanol Biofuels, LLC, of Blairstown, agreed in a consent order to pay a $10,000 penalty. The consent order is in regard to air quality monitoring and reporting violations at its Blairstown facility.
(Full Consent Order)
Contact: Kelli Book
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Rural Water System Number 1
Rural Water System Number 1, of Granville, agreed in a consent order to obtain all appropriate construction permits, meet all legal control and separation distance requirements, and to pay an $8,000 penalty.
(Full Consent Order)
Contact: Diana Hansen
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Roger McEwan
Roger McEwan, of Cylinder, agreed in a consent order to never engage in an illegal discharge to a water of the state in the future, and to pay a $10,000 penalty. The consent order is in regard to wastewater discharges from a truck wash in Palo Alto County.
(Full Consent Order)
Contact: Carrie Schoenebaum
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Randy Kennedy, dba R K Construction and Demolition
Randy Kennedy, dba R K Construction and Demolition, of Slater, agreed in a consent order to submit proof of completing an asbestos course and pay a $2,000 penalty. The consent order is in regard to air quality violations at a demolition project in Bedford.
(Full Consent Order)
Contact: Kelli Book
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Condev, Inc. and Curtis and Kelly Tracy
Condev, Inc. and Curtis and Kelly Tracy, all of Creston, agreed in a consent order to remove all liquid and manure solids from a farm pond and properly land-apply the manure, repair the piping system that carries manure from confinement buildings to the storage lagoon, hire an engineer to evaluate a manure storage basin, and pay a $10,000 penalty. The consent order is in regard to animal feeding operation violations at a site in Union County.
(Full Consent Order)
Contact: Kelli Book
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Dial - WC Estates, LLC
Dial - WC Estates, LLC, of Omaha, agreed in a consent order to comply with all storm water permit requirements and to pay an $8,000 penalty. The consent order is in regard to sediment control violations at a development site known as Whispering Creek Estates in Sioux City.
(Full Consent Order)
Contact: Jon Tack
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Woodbury County and Prairie Hills Public Water Supply
Woodbury County and Prairie Hills Public Water Supply, of Sioux City, agreed in a consent order to retain a certified operator, sample the public water supply at least once per month for contaminants as required, provide public notice, and pay a $6,450 penalty. The consent order is in regard to drinking water supply violations at the Prairie Hills site in Sioux City.
(Full Consent Order)
Contact: Diana Hansen
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Administrative Orders
Responsible parties have 30 days to appeal the order or 60 days to pay the penalty.
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Larry Fishback
Larry Fishback, dba Hidden Valley Mobile Home Park, of Washington, was issued an administrative order to submit a National Pollution Discharge Elimination System (NPDES) permit application, to submit the $340 fee for operation of a wastewater treatment facility, to timely submit monthly operation reports and to pay a $2,000 penalty. The order is in regard to failure to renew an NPDES permit for a mobile home park in Washington County. Fishback has appealed the order.
(Full Administrative Order)
Contact: Carrie Schoenebaum
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Bedrock Gravel, Inc. (Bedrock Gravel) of Storm Lake, and Blake Wirtjers, Buster Wirtjers and James Wirtjers
Bedrock Gravel, Inc. (Bedrock Gravel) of Storm Lake, and Blake Wirtjers, Buster Wirtjers and James Wirtjers, all of Sac City, were issued an amended administrative order to remove and properly dispose of all waste tires from the Bedrock junkyard, submit receipts verifying the proper disposal of all waste tires, and pay a $10,000 penalty. This amends a 2007 administrative order regarding air quality and solid waste violations. Bedrock Gravel has appealed.
(Full Administrative Order)
Contact: Jon Tack
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Cliff's Place, Inc.
Cliff's Place, Inc., of Nashua, was issued an administrative order to sample its public water supply for bacteria and nitrate regularly, provide public notice of water tests and install nitrate removal equipment and disinfection equipment or connect to an approved alternate water source. The order also instructs Cliff's Place to perform operating, monitoring and recordkeeping requirements for the nitrate removal and disinfection facilities, complete a viability assessment for its public water supply, and pay a penalty of $5,800 and fees of $250. Cliff's Place has appealed the order.
(Full Administrative Order)
Contact: Diana Hansen
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Consent Orders
A consent order is issued in settlement of an administrative order or 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.
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City of Atlantic
The City of Atlantic agreed in a consent order to make improvements to its wastewater disposal system and to pay stipulated penalties if deadlines are not met. The consent order is in regard to achieving and maintaining compliance with applicable effluent and water quality standards.
(Full Consent Order)
Contact: Jon Tack
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Clinton Community School District
Clinton Community School District, of Clinton, agreed in a consent order to comply with its National Pollutant Discharge Elimination System (NPDES) permit, including maintaining and implementing its Storm Water Pollution Prevention Plan. The district also agreed to pay a $3,000 penalty. The consent order is in regard to storm water violations at the construction site of a new school building.
(Full Consent Order)
Contact: Carrie Schoenebaum
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Chris Dietrich, dba Dietrich Custom Pumping
Chris Dietrich, dba Dietrich Custom Pumping, of Webster, agreed in a consent order to pay a $4,000 penalty. The consent order is in regard to prohibited commercial application of manure.
(Full Consent Order)
Contact: Kelli Book
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City of Winterset
The City of Winterset agreed in a consent order to timely submit its renewal application for a National Pollutant Discharge Elimination System (NPDES) permit and to pay a $4,000 penalty.
(Full Consent Order)
Contact: Carrie Schoenebaum
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Timothy Maxwell
Timothy Maxwell, of Moscow, agreed in a consent order to timely submit a complete manure management plan (MMP) in the future and to pay a $2,500 penalty. The consent order is in regard to failure to timely submit a complete Iowa Phosphorus Index MMP.
(Full Consent Order)
Contact: Carrie Schoenebaum
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Chris Hunt and Steven Hunt, dba Hunt Brothers Feedlot
Chris Hunt and Steven Hunt, dba Hunt Brothers Feedlot, of Granville, agreed in a consent order to operate and maintain animal feeding operation structures in compliance with rules and regulations, to pay $520 in fish restitution and a $3,500 penalty. The consent order is in regard to a manure release from an open cattle feedlot that contributed to a fish kill in Deep Creek.
(Full Consent Order)
Contact: Kelli Book
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Pheasant Ridge Farms
Pheasant Ridge Farms, of Council Bluffs, agreed in a consent order to pay a $9,000 penalty. The consent order is in regard to a manure release from an open cattle feedlot that caused water quality violations in an unnamed Little Mosquito Creek tributary.
(Full Consent Order)
Contact: Randy Clark
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Wellman Dynamics, Inc.
Wellman Dynamics, Inc., of Creston, agreed in a consent order to submit a plan for the proper handling of industrial wastes and to pay $7,035.04 in fish restitution and a $7,500 penalty. The consent order was in regard to a prohibited discharge that led to a fish kill in Creston.
(Full Consent Order)
Contact: Kelli Book
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Consent Orders
A consent order is issued in settlement of an administrative order or 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.
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Iowa Select Farms, LLP
Iowa Select Farms, LLP, of Iowa Falls, agreed in a consent order to comply with all requirements for retention of manure at an animal feeding operation and proper manure application, and to pay a $2,500 penalty. The consent order is in regard to a manure release from a Weldon facility to Chariton Creek in Clarke County. The penalty has been paid.
(Full Consent Order)
Contact: Kelli Book
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Holesinger Grain and Livestock, LTD
Holesinger Grain and Livestock, LTD, of Fulton, Ill., agreed in a consent order to comply with manure applicator certification requirements in the future, and to pay applicable certification fees for 2006 and a $2,500 penalty. The consent order is in regard to failure to obtain proper certification for services in Clinton County. The penalty has been paid.
(Full Consent Order)
Contact: Kelli Book
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North Dallas Landfill, Inc.
North Dallas Landfill, Inc., of Perry, agreed in a consent order to establish dense perennial cover on the Greene County portion of its site, install adequate erosion control devices on the Boone County portion of its site, and to pay a $3,000 penalty and stipulated penalties if deadlines are not met. The consent order is in regard to solid waste violations.
(Full Consent Order)
Contact: Jon Tack
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Kyle Dudden
Kyle Dudden, of Dike, agreed in a consent order to submit a complete Iowa Phosphorus Index Manure Management Plan (MMP) and to pay a $3,000 penalty. The consent order is in regard to failure to submit a complete MMP for a site in Grundy County.
(Full Consent Order)
Contact: Carrie Schoenebaum
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Steve Carlson
Steve Carlson, dba Dalarna Farms Partnership, of New London, agreed in a consent order to submit a complete Iowa Phosphorus Index Manure Management Plan (MMP) and to pay a $2,000 penalty. The consent order is in regard to failure to submit a complete MMP for a site in Henry County.
(Full Consent Order)
Contact: Kelli Book
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Jeff Buch and Leonard Buch
Jeff Buch and Leonard Buch, both of Fairfield, agreed in a consent order to remove all manure transfer piping connecting confinement buildings constructed in 2003 and 2005 with the unformed manure storage structures, to comply with construction standards when installing any replacement manure storage structures in the future, and to pay a $6,000 penalty. The consent order is in regard to animal feeding operation violations at a swine confinement in Jefferson County.
(Full Consent Order)
Contact: Randy Clark
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Johnson County
Johnson County agreed in a consent order to be in compliance with asbestos regulations for all future demolition projects and to pay a $7,400 penalty. The consent order is in regard to failure to conduct asbestos testing prior to building demolition at a site in Iowa City.
(Full Consent Order)
Contact: Anne Preziosi
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Custom Hardware Manufacturing
Custom Hardware Manufacturing, of Keokuk, agreed in a consent order to submit a plan for compliance with certain air quality requirements, apply to have current construction permits amended to reflect additions of machines added to the facility, and to pay a $4,500 penalty. The consent order is in regard to air quality violations at its Keokuk facility.
(Full Consent Order)
Contact: Anne Preziosi
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Ron Moore
Ron Moore, of Cedar Rapids, agreed in a consent order to pay a $3,000 penalty. The consent order is in regard to contamination from five underground petroleum storage tanks in Cedar Rapids.
(Full Consent Order)
Contact: Tamara Mullen
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JPP Pork, Inc.
JPP Pork, Inc., of Ainsworth, agreed in a consent order to prevent manure from discharging from its facilities, to remove manure periodically from its open lots and grassed waterways, properly maintain the grass waterways and submit a written plan of action to the DNR. JPP Pork also agreed to pay a $3,000 penalty and to pay $157.26 in fish restitution. The consent order is in regard to a manure discharge that resulted in a fish kill in Short Creek in Louisa County.
(Full Consent Order)
Contact: Kelli Book
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Mark Witt
Mark Witt, dba Witt Auto Salvage, of Eddyville, agreed in a consent order to properly dispose of all waste tires; to implement a Pollution Prevention Plan for wastes related to the storage, maintenance and repair of automobiles; and to pay an $8,000 penalty, or less depending on proper disposal methods. The consent order is in regard to solid waste violations at a site in Monroe County.
(Full Consent Order)
Contact: Jon Tack
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Muscatine County Solid Waste Management Agency
Muscatine County Solid Waste Management Agency, of Muscatine, agreed in a consent order to submit an operational plan addressing erosion control, litter control and placement of waste, submit a long-term plan of action and to pay a $4,000 penalty and other stipulated penalties if deadlines are not met. The consent order is in regard to solid waste violations at the Muscatine County Sanitary Landfill.
(Full Consent Order)
Contact: Jon Tack
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Council Bluffs Industrial Foundation
Council Bluffs Industrial Foundation, of Council Bluffs, agreed in a consent order to comply with all applicable asbestos and solid waste regulations in the future and to pay a $3,100 penalty. The consent order is in regard to the improper disposal of demolition materials at a site in Pottawattamie County. The penalty has been paid.
(Full Consent Order)
Contact: Kelli Book
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Schomers Cattle, LLC
Schomers Cattle, LLC, of Earling, agreed in a consent order to submit an application for a National Pollutant Discharge Elimination System (NPDES) permit and to pay a $10,000 penalty. The consent order is in regard to a manure discharge to an unnamed tributary of Mosquito Creek.
(Full Consent Order)
Contact: Randy Clark
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Golden Furrow Fertilizer, Inc.
Golden Furrow Fertilizer, Inc., of Agency, agreed in a consent order to refine and implement its spill prevention plan to address proper storage of chemicals and chemical-tainted water, and to implement employee training and protocol to ensure that no discharge reaches a water of the State. Golden Furrow also agreed to pay a $4,000 penalty and $12,358.81 in fish restitution. The consent order is in regard to a spill and resulting fish kill in Crow Creek.
(Full Consent Order)
Contact: Tamara Mullen
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