DNR fines J.W. Construction for illegal burning

J.W. Construction agreed to take corrective actions and pay an administrative penalty of $3,000 as part of a consent order issued by the Iowa Department of Natural Resources, the DNR said in a press release this month.

According to the order, the DNR received a complaint May 2, 2025 about open burning on a property at 302 Lincoln St. in Victor, owned by J.W. Construction.

The lot had been cleared into a single, smoldering burn pile containing remnants of trees, a residential dwelling and garage, the consent orders says.

On May 6, the DNR spoke with Doug Kinzenbaw whose company, Kinzenbaw Earth Moving, was hired by J.W. Construction to demolish the house and garage on the site, and to remove trees and pile them all together. Kinzenbaw was under the impression that J.W. Construction had made the appropriate arrangements with the fire department to conduct a fire, according to the DNR.

Jonathan Wood, owner of J.W. Construction, told the DNR that he’d started the fire because the structure had become unsafe, the DNR consent order says. After he started the fire, he informed the Victor Fire Department and Iowa County Sherriff for assistance. He stated that he thought he had done this correctly and was unaware of requirements for conducting such a burn.

On May 12, 2025, DNR issued a Notice of Violation letter to J.W. Construction for the open burning of the residential house, garage and grubbed trees within the city limits of Victor

Environmental Protection Commission Code 567 IAC 23.2(1) prohibits any person from burning combustible materials, subject to certain exceptions. The facts of this case do not meet any of the listed exceptions, the DNR said.

Iowa Code section 455B.307(1) and 567 IAC 100.4 prohibit the dumping or depositing of any solid waste in an area other than a sanitary landfill or an area that has been granted a permit by the DNR. The facts of this case show a violation of these laws, the DNR said.

The DNR ordered JW Construction to immediately discontinue the practice of illegal open burning and illegal solid waste disposal, and not engage in these practices in the future and to pay a $3,000 administrative penalty.