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DNR Enforcement Actions
Posted: 05/03/2012
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.

Cerro Gordo County
David Kuhlemeier, Clear Lake
Cease illegal open burning of solid waste and pay $2,000 penalty.

Fayette County
Shane Rechkemmer
Cease improper solid waste disposal, properly remove all remaining material from property and pay $1,000 penalty. The order has been appealed.

Hardin County
Jim Scallon, Ackley
Properly remove and dispose solid waste illegally deposited in two Ackley locations and pay $3,000 penalty. The order has been appealed.

Muscatine County
Country Tavern, Inc., dba The Catfish Place, Nichols
Comply with drinking water requirements and pay $9,760 penalty and $125 in fees. The order has been appealed.

O’Brien County
Jeffrey Gerritson, Sheldon
Properly remove all discarded appliances and waste tires from property and pay $2,000 penalty.

Pottawattamie County
Bhupinder Gangahar, Saroj Gangahar, and International Business, Inc., Council Bluffs
Submit past due tank management fees, contract with certified groundwater professional to complete Tier 2 site cleanup report, conduct any additional activities required by DNR’s review of the Tier 2 report, and pay $7,934 penalty.

Washington County
Terry Phillips, dba TK Enterprises, Riverside
Comply with air quality construction permitting requirements, submit stormwater permit application for General Permit No. 1 to DNR, and pay $7,000 penalty.

Worth County
Josh Otken, Hanlontown
Pay $8,495 penalty for open burning and open dumping solid waste 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.

Bremer County
Allen Hoeper
Submit complete phosphorus index manure management plan to DNR and pay $2,500 penalty.

Delaware County
Dan Goedken
Pay $643 in fish kill restitution, $1,299 in investigative costs, and a $500 penalty for a manure discharge that resulted in a fish kill. Goedken has paid the penalty and restitution.

Franklin County
Ben McKinney
Obtain proper certification before transporting, handling, storing or applying manure and pay $2,000 penalty for past manure certification violations.

Hamilton County
Jay and Dena Heeren
Pay $2,000 penalty for late submittal of manure management plan.

Bryan Swenson
Pay $1,500 penalty for late submittal of manure management plan.

Lyon County
Kevin DeWeerd
Comply with manure certification requirements when transporting manure and pay $2,500 penalty.

O’Brien County
Harvey Koerselman, Sheldon
Cease acceptance of discarded appliances unless an appliance demanufacturing permit is obtained. Stipulated penalties apply if the order is violated.

Palo Alto County
City of Emmetsburg
Pay $1,500 penalty for violations of city’s NPDES permit, with $1,125 of penalty amount to be paid to the Palo Alto County Conservation Board.

Polk County
Git-n-Go Convenience Stores, Inc., Des Moines
Maintain proper inspection logs at all facilities in Iowa; conduct appropriate tests at Iowa facilities that have cathodic protection systems; and for Iowa facilities that do not have cathodic protection systems, inspect submersible turbine pump (STP) and dispenser sumps and install cathodic protection to metal tank appurtenances which routinely contain fuel and which cannot be kept isolated from soil and water.

Sioux County
Farm Nutrients, LLC
Ensure that all employees are properly certified to haul, apply or otherwise handle manure and pay $5,000 penalty.

Story County
Wayne Magden, Ames
Agreement to not apply at any time in the future to be a drinking water operator or a wastewater operator at any grade level in Iowa.

Woodbury County
City of Sioux City
In three separate consent orders, the city agreed to: comply with its stormwater MS4 NPDES permit and pay $10,000 penalty for past stormwater violations; comply with waste water construction permit requirements and pay $10,000 penalty for past violations; and comply with water supply construction permit requirements and pay $10,000 penalty for past violations.

Joe Linn
Pay $2,000 penalty for illegal disposal of solid waste into the Little Sioux River.

Worth County
Northwood Hotel Ventures, LLC
Pay $2,000 penalty for stormwater violations.





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