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DNR enforcement actions - December 17, 2020

  • 12/17/2020 11:32:00 AM
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DES MOINES – DNR staff work with individuals, businesses and communities to help them protect our natural resources by complying with state and federal laws. This approach is very effective. In the few cases where compliance cannot be achieved, the DNR issues enforcement actions. The following list summarizes recent enforcement actions. Find the entire, original orders on DNR’s website at www.iowadnr.gov/EnforcementActions

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.

Cedar County
City of Clarence
Retain a professional engineer certified by the State of Iowa to analyze wastewater treatment facility (WWTF) influent flows collected between January 1, 2020, and the present to determine whether the city's WWTF can comply with the 180-day retention time required for a controlled discharge facility per the city's National Pollution Discharge Elimination System's permit (NPDES); provide the results of said analysis to the DNR; if compliance with the NPDES permit is not possible, by March 2022 retain a professional engineer certified by the State of Iowa to assist the city with the design and construction of necessary upgrades; by April 2023 submit said plans to the DNR for approval; by April 2024 finalize plans and obtain all necessary permits; and begin construction by April 2025 and complete construction by the end of May 2026.

Mitchell County
JT Enterprises, LTD d/b/a Johnson Brothers
Operate in compliance with applicable law; operate the facility as a Small Animal Feeding Operation with no more than 499 animal units; do not populate above 499 animal units without first submitting a Plan of Action to DNR for approval; retain a licensed professional engineer to conduct an investigation of groundwater levels around the facility's structure and implement a groundwater lowering system if found to be necessary; if groundwater lowering is necessary, for a period of two years conduct weekly visual monitoring of the system for water, and submit said monitoring's results to DNR on a quarterly basis; if water is found to be in the lowering system, once a calendar quarter submit a water sample to a certified laboratory for testing for NH3-N, NO3-N, chloride, and E. Coli; and pay a $10,000 administrative penalty. 

Wayne County
John and Cathy Tuttle
Pay a $1,500 administrative penalty.

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