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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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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 Administrative 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 Administrative 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 Administrative 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 Administrative 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 Administrative 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 Administrative 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 Administrative 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 Consent 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 Consent 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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