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DNR Enforcement Actions
Posted: 10/17/2013

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.

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 Egg Farm L.L.P.
Pay $2,000 penalty for late submittal of manure management plan.

Buchanan County
Skyline Pork, LLC
Pay $2,000 penalty for late submittals of manure management plans.

Calhoun County
Gemberling Excavating, Inc., Lohrville
Pay $5,000 penalty to resolve air quality and solid waste disposal violations connected to the demolition and disposal of a commercial building. The Calhoun County Conservation Board will receive $4,000 of the penalty amount as a supplemental environmental project.

City of Lohrville
Pay $2,000 penalty to resolve air quality and solid waste disposal violations related to the demolition and disposal of a commercial building.

Dallas County
Tyson Fresh Meats, Inc., Perry
Order establishes compliance schedule for improvements to wastewater treatment facility.

Floyd County
CDI, LLC, Charles City
Timely obtain required air quality construction permits, apply for Title V Operating Permit, and pay penalty of $7,500.

Hancock County
Bernard Michelson
Cease improper open dumping and open burning of solid wastes and pay $2,500 penalty.

Harrison County
City of Mondamin 
Construction schedule for wastewater treatment facility improvements and payment of $3,000 penalty.

Keokuk County
Randall Martin
Pay $2,000 penalty for late submittal of manure management plan.

Lee County
Dennis Gallerick, Fort Madison
Properly ensure disposal of solid waste, cease burning solid waste, and pay $2,500 penalty. This order replaces a previously issued order and resolves an earlier appeal.

Marion County
City of Knoxville
City agrees to comply with schedule contained in order to resolve bypassing by the city’s wastewater treatment facility. Order also rescinds previous order issued to the city.

Muscatine County
River Trading Company Limited Liability Company
Comply with conditions of its NPDES storm water permit and pay $3,000 penalty.

Ellsworth Excavating Company, Stockton
Comply with asbestos, open burning and solid waste disposal requirements and pay $1,800 penalty.

Pocahontas County
City of Palmer 
Construction schedule to construct necessary treatment facilities to treat or eliminate the discharge of wastewater from the Palmer water treatment plant.

Plymouth County
Merle Shay
Pay $1,250 penalty for open burning of solid wastes.

Story County
Jeff Longnecker
Properly maintain application records, submit annual manure management plan (MMP) updates and fees in the future, and pay $2,500 penalty for past MMP violations.

Wright County
Kevin Smith, dba Smith Auto Salvage, Belmond
Prepare and implement stormwater pollution prevention plan and pay $1,450 penalty.

Lund Construction, Inc.
Pay $10,000 penalty to resolve violations related to the disposal of coal combustion residue and other solid wastes and violations of flood plain regulations.

Ag Processing Inc. a cooperative, Eagle Grove
Pay $2,000 penalty to resolve violations related to the management of coal combustion residue.

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.

Marion County
City of Pella
Amended schedule for the completion of improvements to sanitary sewer collection system.



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