DNR Enforcement Actions
Posted: 02/16/2012

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 website at www.iowadnr.gov/InsideDNR/AboutDNR/EnforcementActions.aspx.

Administrative Orders

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

Plymouth County

Ken Less

Pay $3,000 penalty for late submittal of phosphorus index manure management plan. The penalty has been paid.

Warren County

Darla Truman, George Ackerson and William Foreman

Properly remove all solid waste from site and pay $3,000 penalty if solid waste is not removed by a certain date.

 

Webster County

Dragster, LLC

Ensure that all employees of this manure applicator service are properly certified and pay $6,000 penalty for past violations.

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.

Benton County

Cedar Valley Farms, LLC

Pay $5,000 penalty for unpermitted discharge of manure to water of the state, as well as $564 in fish restitution and $1,682 in investigative costs.  The penalty and restitution have been paid. 

Boone County

West Central Cooperative, Boxholm

Cease illegal open dumping and open burning of solid waste and pay $7,945 penalty.

Buena Vista County

Ted Smith, dba TJS Farms

Ensure all employees are properly certified in manure handling and pay $5,000 penalty for past violations. The penalty has been paid.

Carroll County

James Masching

Cease all improper open burning and open dumping of solid wastes and pay $5,000 penalty.

Des Moines County

Charles and Dawn Chevalier

Reimburse Des Moines County Regional Solid Waste Commission for disposal costs for leaded glass from discarded cathode ray tubes. 

Dickinson County

Brian Anderson, dba Northwest Ready Mix, Milford

Pay $1,000 penalty for open burning of solid waste.

Harrison County

TAB Holding Company, Inc.

Cease illegal disposal of solid waste and pay $3,000 penalty.

Iowa County

SCS Flooring Co., Homestead

Cease open burning of solid waste and pay $1,500 penalty.

Keokuk County

City of Hayesville

Pay $4,475 penalty to resolve air quality and solid waste disposal violations which occurred during the demolition, burning and disposal of a school building in Hayesville.  The penalty has been paid.

Lyon County

BCB AG, LLC

Ensure that all employees are properly certified to haul, apply, or otherwise handle manure and pay $3,000 penalty.

Marshall County

City of Marshalltown

Compliance schedule to address sanitary sewer overflows.

Montgomery County

City of Elliott

Implementation schedule to correct deficiencies in the city’s wastewater treatment facility. Order includes stipulated penalties for failure to comply with schedule.

Plymouth County

Jochum Agri-Services, Inc.

Pay $3,000 penalty for manure application violations that led to a manure discharge to a water of the state.

Sioux County

Arnie Gruens, dba Triple A Pumping

Pay $5,000 penalty for violations resulting from a manure discharge from the land application of manure.

Evert Van Maanen

Immediately cease open burning and open dumping of solid waste and pay $1,000 penalty.  The penalty has been paid.

Union County

Creston Roofing and Siding, Inc., Creston

Follow state requirements to respond to release from underground storage tank and pay $5,000 penalty.

Washington County

Dwight Duwa and Duwa’s Auction Service LLC, Wellman

Document proper disposal of solid waste and pay $3,100 penalty for violations of open burning and open dumping of solid waste.

Washington County

Establish a schedule to achieve compliance with applicable effluent and water quality standards for wastewater discharges generated in the unincorporated areas of Washington County known as Richmond and Rubio.

Consent Amendments

A consent amendment is issued in settlement of a previous administrative order or to

amend a pre‚Äźexisting consent order. A consent amendment indicates that the DNR has

voluntarily entered into a legally enforceable agreement with the other party.

Cerro Gordo County

CBJ Transport, LLC

Amends and settles appeal of a 2010 administrative order with a payment schedule for $3,000 penalty. 

Washington County

Lake Trio Homeowners Improvement Association, Inc., Washington

Amends a 2010 administrative order; association agrees to properly close lagoon system by May 1, 2012 and pay $2,500 for past wastewater violations.

Rescinded Orders

Adams County

Ellis Houk

DNR rescinds a 2009 administrative order.