DNR fines Iowa County for burning

MARENGO — Iowa County will pay a $3,000 administrative penalty for violation of Iowa’s solid waste disposal law.

According to an administrative consent order signed in August by Iowa County Secondary Roads Department and the Iowa Department of Natural Resources, Iowa County Secondary Roads staff burned what they told DNR Environmental Specialist Anthony Kerker was landscape waste and bridge pilings on the morning of Jan. 7, 2025 as instructed by Iowa County Engineer Nick Amelon.

The fire, on county property near the Interstate 80 off-ramp at M Avenue, was reported to the Iowa County Sheriff’s office by numerous callers between 3:35 a.m. and 6: 11 a.m.

Kerker, who arrived about 9:20 a.m., noted that the burn pile included tires, construction and demolition waste in addition to the landscape waste, the administrative consent order says. The DNR issued a notice of violation Jan. 9 and discussed the violation with Amelon Jan. 10, the order says.

“Iowa County acknowledges some of our employees did start a fire to burn brush on Jan. 7, 2025 at the Yardsite — near I-80,” Amelon said in an email last week.

“The brush pile had been there for years, and the individuals that started the fire stated they were unaware of any tires in the brush pile when they started the fire,” Amelon said.

“We have taken steps to ensure all our employees are properly educated on Rule 567 of the Iowa Administrative Code. New forms (that employees need to have signed) have also been created to ensure compliance with DNR rules. We are confident this type of incident will not happen again,” said Amelon.

In the agreement with the DNR, Iowa County Secondary Roads will cease all illegal open dumping, open burning and improper solid waste disposal on any property, will bring the property on which the sold waste was burned into regulatory compliance with provisions of the law within 30 days, will provide proof of proper disposal of the sold waste and any ash from the burn pile and will pay a $3,000 penalty within 30 days.

When determining administrative penalties, the DNR considers the economic benefit of the alleged non-compliance, the gravity of the alleged violation and the culpability of the violator, according to the administrative order.

Based on the volume and types of waste in the Iowa County burn pile, the total cost benefit for improperly disposing of the solid waster was estimated at $800.

Open dumping damages the environment and prevents proper management of disposing of solid waste and may encourage others to open dump and dispose of solid waste improperly, the DNR said.

The improper burning of sold waste imposed a threat to public health and tho the environment in surrounding areas. The burning of tires and other sold waste created a release of harmful toxic air emissions that may have an impact on the surrounding communities, including drivers on nearby Interstate 80, the DNR said.

The DNR assessed $1,500 for this factor.

Open dumping and open burning prohibitions have been in pace in Iowa for more than 40 years, the DNR said. As a public agency, Iowa County Secondary Road Department should have known the regulations.

The DNR assessed $1,700 for this factor.

The DNR had sent an informational letter to Iowa County Secondary Roads in March 2019 about proper disposal of solid waste after the DNR received an anonymous complaint about open burning of sold waste Feb. 28, 2019 in the right of way near the property, according to the administrative consent order.