Iowa AG Files Environmental Enforcement Lawsuits

Suits allege violations at a now-closed Des Moines landfill for construction and demolition waste, and at three dump sites around the state.

Iowa Attorney General Tom Miller filed four lawsuits alleging environmental law violations at three separate landfills in the state, and at a now-closed Des Moines landfill for construction and demolition waste.

"All four suits seek to enforce state environmental laws and regulations," Miller said. "These are basic rules designed to protect our land and air and water, and people’s health and safety."

The lawsuits ask each court to assess civil penalties, order cleanup, and prohibit further violations.

The Polk County lawsuit against Landfill of Des Moines, Inc., and Steve Corell alleges that the defendants have violated numerous requirements for maintaining the site after the site closed in 1998. For example, the suit alleges that the defendants have failed to submit required annual water quality monitoring reports since 2001, have inadequate fencing between the site and the adjacent Sycamore Bike Trail by the Des Moines River, and have left large areas devoid of vegetation and other areas damaged by unauthorized recreational vehicle activity and erosion.

The Lyon County lawsuit names Harold and Sharon DeVos and alleges violations at their appliance "de-manufacturing" facility in Edna, Iowa. Alleged violations include open burning of solid waste, failure to clean up illegally dumped solid waste, de-manufacturing of appliances without a permit, failure to obtain a stormwater discharge permit, and failure to submit and implement a pollution prevention plan.

The Washington County suit names Albert C. Miller and alleges violations on his property in Kalona involving illegal disposal and open burning of solid waste, including wood, insulation, shingles, metal, tires, gypsum board, vinyl flooring, and mobile homes. The suit alleges numerous incidents of open burning by Miller since as early as 1995 and as recently as August 2006, with many incidents documented by the Washington County Sheriff’s Office as well as the Iowa DNR.

The Jefferson County suit names Robert Miller and alleges violations at his metal salvage operation in Batavia. The violations involve open dumping and open burning of discarded appliances, metal, waste tires, treated and untreated lumber, garbage, appliances, and furniture. The suit also alleges de-manufacturing of appliances without a permit, operation of a salvage facility without a stormwater discharge permit, and failure to submit and implement a pollution prevention plan. The suit alleges that the Batavia Fire Department has had to respond to four illegal fires at the site, including two fires in May 2006.

The lawsuit seeks civil penalties and a court order against further violations