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Protecting the Environment

For immediate release - Tuesday, November 29, 2005.
Contact Bob Brammer - 515-281-6699.

A.G. Enforces Manure Management Plan Requirements

Attorney General alleges that large animal feeding operations in Black Hawk, Ida, Montgomery and Plymouth Counties failed to submit required manure management plans.

DES MOINES. Attorney General Tom Miller announced legal action today concerning four large animal feeding operations that failed to submit required "manure management plans" for their operations in Black Hawk, Ida, Montgomery and Plymouth counties.

"Manure management plans are required in order to show that operations have adequate land for application of manure produced by the animals," Miller said. "The plans are an important tool to protect the environment -- and the great majority of operations comply with the rules."

Each of the four operations had failed to submit manure management plans. All four had finishing hogs, ranging from 800 to 2000 hogs, and one also had 172,000 chickens. In 2004 and 2005 the Iowa Dept. of Natural Resources ordered each to comply and to pay a $3000 penalty. After the operations failed to submit plans or pay the penalties, the Environmental Protection Commission requested that the Attorney General file suit. Manure management plan requirements apply to all animal feeding operations, except small animal feeding operations.

Miller said lawsuits were filed Tuesday in the four counties. The suits ask the district courts to assess additional penalties and prohibit further violations. In Plymouth County, the operation recently paid penalties totaling $8,000, filed a manure management plan, and agreed to a consent decree that will resolve the lawsuit if approved by the court. [Details on the cases below.]

"The vast majority of animal feeding operations are in compliance with manure management plan requirements," Miller said. "The plans show whether operations have adequate land for application of manure, helping to insure that manure is not over-applied and that manure runoff is avoided. Manure management plans play a key role in protecting Iowa's streams."

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Details on the four lawsuits:

Black Hawk County: James Dos is alleged to have failed to submit a manure management plan for a confinement feeding operation with 800 finishing hogs and 172,000 chickens. The Iowa Dept. of Natural Resources (DNR) discovered in 2004 that Dos had never submitted a plan and requested that he comply. An administrative order was issued in February 2005 ordering compliance and payment of a $3000 penalty. The plan was not submitted and the penalty was not paid. In July, 2005, the Environmental Protection Commission requested that the Attorney General file suit to obtain compliance. (Dos lawsuit.)

Ida County: Travis Aldag is alleged to have failed to submit a manure management plan for a confinement feeding operation with 1600 finishing hogs. The DNR discovered in 2004 that Aldag had never submitted a plan and requested that he comply. The suit also alleges that Aldag improperly disposed of dead hogs. An administrative order was issued in June 2004 ordering compliance and payment of a $3000 penalty. The plan was not submitted and the penalty was not paid. In July 2005, the Environmental Protection Commission requested that the Attorney General file suit to obtain compliance. (Aldag lawsuit.)

Montgomery County: Dean Gettler is alleged to have failed to submit a manure management plan for a confinement feeding operation with 1350 finishing hogs. The DNR discovered in 2004 that Gettler had never submitted a plan and requested that he comply. An administrative order was issued in June 2004 ordering compliance and payment of a $3000 administrative penalty. The plan was not submitted and the penalty was not paid. In August 2005, the Environmental Protection Commission requested that the Attorney General file suit to obtain compliance. (Gettler lawsuit.)

Plymouth County: David Kass is alleged to have failed to submit a manure management plan for a confinement feeding operation with 2000 finishing hogs. The DNR discovered in 2004 that Kass had never submitted a plan and requested that he comply. An administrative order was issued in 2004 ordering compliance and payment of a $3000 administrative penalty. The plan was not submitted and the penalty was not paid. In July 2005, the Environmental Protection Commission requested that the Attorney General file suit to obtain compliance. Kass has now submitted a manure management plan, paid the $3,000 administrative penalty, paid an additional civil penalty of $5,000, and agreed to a consent decree which has been submitted for approval to the Plymouth County District Court. (Kass lawsuit and consent decree submitted to the Court.)

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