July 10, 2008

DNR ENFORCEMENT ACTIONS
MEDIA CONTACT: Jessie Brown at (515) 281-5131.
DES MOINES - The DNR has taken the following enforcement actions. The following are only briefs; please contact Jessie Brown of the DNR for more information at (515) 281-5131. The orders were taken in July 2008 unless otherwise noted.
Enforcement actions, including copies of the original orders and contact information, are available on the DNR's Web site at www.iowadnr.gov/legal/eactions.html. The Web listing offers orders first taken in 2007 or 2008 (amendments to orders issued prior to 2007 are not listed).
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.
Polk County
Casey's General Stores, Inc., of Ankeny, agreed in a consent order to implement a free product recovery plan and free product assessment report to the DNR. The consent order is in regard to a release of petroleum from an underground storage tank located in Ankeny.
Ringgold, Taylor and Union Counties
Whitestone Farms, LLP, of Burnsville, Minn., agreed in a consent order to resolve issues surrounding manure discharge and control violations at several Iowa facilities. Among other actions, Whitestone agrees to submit a list of facilities it owns or operates in the state of Iowa to the DNR, submit a plan of action to ensure any manure releases are reported in a timely manner, and pay a $5,000 penalty. The facilities are located in Taylor, Union and Ringgold Counties, but are no longer owned by Whitestone Farms.
Sioux County
Richard Atsma, of Granville, agreed in a consent order to resolve issues with manure discharge from the Atsma Dairy and to pay a $2,500 penalty. The consent order is in regard to failure to construct and maintain manure control structures to contain runoff at all times.
Brian Hofmeyer, of Hospers, agreed in a consent order to operate and maintain animal feeding operation structures in compliance with all applicable DNR rules and regulations, and to pay an administrative penalty of $6,750 and restitution in the amount of $9,336. The consent order is in regard to a prohibited manure discharge that led to a fish kill.
Van Voorst Dairy, LLC, of Sioux Center, agreed in a consent order to pay a $4,000 penalty. The consent order is in regard to improper land application of manure, which resulted in water quality violations.
Writer: Elise Taylor

"While CAFOs clearly are profitable, they are only profitable because so much of the cost and damage is externalized onto the environment, neighbors and wildlife. The monitoring, supervision, clean-up, restitution, fines are not happening, thus the true cost of CAFOs never find the way onto the balance books." Talking point from the CAFO Conference.