Iowa Litigation Roundup

April 12, 2010 . Lincolnway Energy, LLC, agreed to pay $176,750 in civil penalties for air pollution and water pollution violations at Lincolnway’s ethanol production plant in Nevada, Iowa.

The state lawsuit alleged Lincolnway violated air pollution control regulations by:

Emitting air pollutants, including particulate matter and nitrogen oxides, in excess of permitted limits on numerous occasions from Dec. 2006 to Dec. 2008.

Failing to conduct numerous required “stack tests” in 2007 to determine compliance with construction permit air pollution emission limits.

Failing to comply with continuous emission monitoring requirements.

Discharging wastewater into West Indian Creek during several months in 2006-2007 in excess of permitted effluent limits for iron, suspended solids, and total residual chlorine.

The decree can be found here:

http://www.iowa.gov/government/ag/latest_news/releases/apr_2010/Lincolnway_Energy_DECREE.pdf

The petition can be found here:

http://www.iowa.gov/government/ag/latest_news/releases/apr_2010/Lincolnway_Energy_PETITION.pdf

February 16, 2010. Roquette America Inc. agreed to pay $1,000,000 in civil penalties for air pollution violations at Roquette’s corn wet milling facility in Keokuk, Iowa.

The state lawsuit alleged that Roquette violated air pollution control regulations by:

Roquette failed to implement required “best available control technology” and obtain a “PSD” permit when it made major plant modifications that increased air pollution emissions from several natural gas dryers. (“PSD” permits and requirements are designed to prevent significant deterioration when plants undergo major modifications.)

Roquette repeatedly exceeded its air pollution emission limitations under existing permits for particulate matter, nitrogen oxides, sulfur dioxide, volatile organic compounds, and carbon monoxide.

The decree can be found here:

http://www.state.ia.us/government/ag/latest_news/releases/feb_2010/Roquette_DECREE.pdf

The petition can be found here:

http://www.state.ia.us/government/ag/latest_news/releases/feb_2010/Roquette_PETITION.pdf

August 27, 2009. Matrix Metals LLC has been ordered to pay a $220,000 civil penalty for air pollution violations at its steel casting manufacturing facility in Keokuk.

The lawsuit alleged air pollution violations, including excess emissions of particulate matter at the facility (fine dust), failure to properly conduct “stack testing,” failure to comply with the facility’s operating permit, and failure to comply with planning and record-keeping requirements for an iron and steel foundry.

The petition can be found here:

http://www.state.ia.us/government/ag/latest_news/releases/aug_2009/Matrix_Metals_CNSNT_ORDER.pdf

The consent order can be found here:

http://www.state.ia.us/government/ag/latest_news/releases/aug_2009/Matrix_Metals_CNSNT_ORDER.pdf

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About James Pray

Attorney with BrownWinick Law Firm in Des Moines, Iowa.
This entry was posted in IDNR News, USEPA News. Bookmark the permalink.

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