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.
Butler County
Shell Rock Soy Processing, LLC
Utilize the oil suppression system and keep the exit doors on each soybean receiving bay shut as required by the current construction permit until the following conditions have been met: new construction permits have been issued, the equipment and control equipment required in the new construction permit are installed and operational, and all operating requirements contained in the new construction permits are implemented and DNR has approved removal of the oil suppression system; ensure plastic curtains separate Bays 1 and 2; complete all modifications and construction required by the new construction permits within 6 months of its issuance; submit quarterly updates on progress; in the future, submit construction permit applications and receive final construction permits prior to constructing, installing, reconstructing, or altering any equipment or control equipment; and pay a $10,000 administrative penalty.
Kossuth County
Valero Renewable Fuels Company, LLC
Maintain and operate equipment and control equipment at all times in a manner consistent with good practice for minimizing emissions; provide at least 30-days notice prior to all compliance stack tests (date and time); conduct all future compliance stack tests at the maximum rate continuous capacity of the source as required by law or as otherwise required by an applicable permit condition unless DNR approves an altenrative approach in writing; conduct quarterly Volatile Organic Compounds and Hazardous Air Pollutants compliance testing while achieving maximum production rates on Emission Point (EP) 240c, EPS10, EPS70, EPS10c, and EPS70b, with at least 45 days between test events; such tests shall occur until each emission point demonstrates compliance with the emission limits for four consecutive stack tests; provide hourly emission summaries and raw emissions data for each hour of emissions data collection prior to and for the express purpose of each scheduled compliance test event; submit two compliance plans within 30 days to address excess emissions documented on EP240c; submit progress reports every three months related to the work required by this Order; submit a permit determination request to the DNR detailing the reverse osmosis reject water recycling implemented in the EPS40c scrubber; submit a root cause analysis for the emission limit violations documented in 2023, 2024, and 2025 stack test events; submit construction permit applications for EPS10; and pay a $10,000 administrative penalty
Pocahontas County
Tim and Josh Flaherty dba Flaherty Farms
Ensure that all future handling, transferring, and land application of manure is done in accordance with law and does not cause water quality violations; and pay a $5,000 administrative penalty.
Administrative Orders
Responsible parties have 60 days to appeal the order or 60 days to pay the penalty.