July 31, 2008 DNR ENFORCEMENT ACTIONS
MEDIA CONTACT: Marla Gallardo at (515) 281-8678
DES MOINES The DNR has taken the following enforcement actions. The following are only briefs; please contact Marla Gallardo of the DNR for more information at (515) 281-8678. 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.

* Hardin County
John Wibholm, of Alden, agreed in a consent order to become a certified manure applicator prior to land-applying manure and pay a $6,000 penalty. The consent order is in regard to a manure discharge near the Iowa River in Hardin County.

* Lyon County
Hillside Ag Inc., of George, agreed in a consent order to operate and maintain animal feeding operation structures in compliance with DNR regulations and pay a $3,000 penalty. The consent order is in regard to a prohibited manure discharge and failure to contain manure from a confinement feeding operation.

* Polk County
Martin Marietta Materials, Inc., of Des Moines, agreed in a consent order to comply with all air quality construction permit requirements in the future and pay a $6,500 penalty. The consent order is in regard to construction permit violations occurring at Martin Marietta sites in Iowa

"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.