Environmental Protection Commission Agenda

Updated 2/11/16

Environmental Protection Commission February 16, 2016

DNR Air Quality Building 7900 Hickman Road

Windsor Heights, Iowa EPC Business Meeting 10:00 AM Meeting begins 11:00 AM Referral to the Attorney General Jim Frye Animal Feeding Operation 12:30 PM Public Comments for Cedar Rapids Community School District and Abatement Specialties, LLC 1:00 PM Referral to the Attorney General Cedar Rapids Community School District and Abatement Specialties, LLC Air Quality Public Participation1 Requests to speak during the business meeting Public Participation must be submitted to Jerah Sheets at [email protected], 502 East 9th Des Moines, IA 50319, 515-313-8909, or in-person by the start of the business meeting. Please indicate who you will be representing (yourself, an association, etc.), the agenda item of interest, and your stance of For, Opposed, or Neutral.

If you are unable to attend the business meeting, comments may be submitted via mail and email for the public record. The Commission encourages data, reports, photos, and additional information provided by noon the day before the meeting to allow ample time for review and consideration.

Agenda topics

1 Approval of Agenda

2 Approval of Minutes

3 Monthly Reports Bill Ehm (Information)

4 Public Participation for all agenda items except Cedar Rapids Community School District and Abatement Specialties, LLC

5 Directors Remarks Chuck Gipp (Information)

6 Contract Amendments with Edge Consulting Engineers, Wapsi Valley Archaeology, and The University of Iowa, Office of State Archaeologist for Archaeological and Architectural History Services

Patti Cale-Finnegan (Decision)

7 Referral to the Attorney General Jim Frye Animal Feeding Operation Kelli Book (Decision)

8 Public Participation for Cedar Rapids Community School District and Abatement Specialties, LLC

9 Referral to the Attorney General Cedar Rapids Community School District and Abatement Specialties, LLC Air Quality

Kelli Book (Decision)

10 Proposed Rule Amendments to Wastewater Rules to include Pesticide Discharges, including Chapter 64 (GP #7)

Wendy Hieb (Decision)

11 Proposed Rule - Amendment to Wastewater Rules to include Discharges from Mining and Processing Facilities, including Chapter 64 (GP #5)

Julie Faas (Decision)

12 General Discussion

Updated 2/11/16

13 Items for Next Months Meeting March 15, 2016 EPC Business Meeting, Ankeny April 18, 2016 EPC Educational Tour, Iowa County April 19, 2016 EPC Business Meeting, Iowa County

For details on the EPC meeting schedule, visit

http://www.iowadnr.gov/InsideDNR/BoardsCommissions.aspx 1 Comments during the public participation period regarding proposed rules or notices of intended action are not included in the official

comments for that rule package unless they are submitted as required in the Notice of Intended Action.

Any person attending the public meeting and has special requirements such as those related to mobility or hearing impairments should contact the DNR or ADA Coordinator at 515-725-8200, Relay Iowa TTY Service 800-735-7942, or

[email protected], and advise of specific needs.

Item No.

Facility/City Program DNR Reviewer Subject Decision Date

1 Parks J4 Finishing Site Animal Feeding OperationsRussel Tell; multiple staff

variance for existing private well that didn't meet required separation distance from shallow private well and animal confinement building. Denied 12/3/2015











7 City of Onawa Wastewater Marty Jacobsvariance from design standards for installing 12-inch sewer with two 22.5-degree bends between manholes. Denied 12/4/2015

8 Green Grinding LLC Air Quality Brian Hutchinsvariance to allow operation of portable engine and grinder equipment in Story County. Approved 12/7/2015

9 City of Council Bluffs Sovereign Lands Seth Moorevariance to allow placement of articulating concrete block revetment system in place of riprap below ordinary high water line at location of industrial park. Approved 12/9/2015

10 Stuart Water Supply Water Supply Construction Justin Pettit variance for fuel storage tank at city's finished water storage tanks Approved 12/8/201511 Lenox Municipal Air Quality Reid Bermel variance for placement of 2000 kW generator Approved 12/9/2015

12 Wacker Chemical Corp Air Quality Reid Bermelvariance to install and operate two ne process tanks and increase in exhaust flow before receiving modified permits. Approved 12/9/2015

13 Interstate Power & Light Lansing Power Station Sanitary Disposal Mick Leatvariance to discontinue collection/reporting of filtered samples as required for dissolved concentrations Approved 12/10/2015

14 Equistar Chemicals Air Quality Dennis Thielenvariance to install and operate new pollution control equipment prior to obtaining permit Approved 12/10/2015

15 IA-American water Co Davenport Water Supply Construction Daryl Enfield variance allowing air piping through media Approved 12/10/2015

16 Transco Railway Products Air Quality Ann Sedavariance to allow concrete foundation work and footings to be poured prior to issuance of permit. Approved 12/11/2015

17 Linwood Mining & Minerals Air Quality Dennis Thielen requesting extension to perform stack testing Approved 12/15/2015

18 Cargill Ft Dodge Air Quality Ann Sedavariance to construct equipment associated with expansion prior to obtaining construction permits. Denied 12/21/2015

19 Muscatine Power & Water Air Quality Brian Hutchinsvariance from requirements to have modified construction permits before adding Activated Carbon Injection materials. Denied 12/22/2015

20 CORN LP Air Quality Ann Sedavariance to construct and operate new beer degas system prior to issuance of construction permit. Approved 12/22/2015

Monthly Variance ReportDecember 2015

DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION COMMISSION

ATTORNEY GENERAL REFERRALS February, 2016

Name, Location and New or Region Number Program Alleged Violation DNR Action Updated Status Date

1

Feinberg, Marty; Feinberg Metals Recycling Corp. Fort Madison (6)

Solid Waste Operation Without Permit; Illegal Disposal

Referred to Attorney General

Referred 4/14/15

Kossuth County (2) UPDATED Animal

Feeding Operation

DNR Defendant Defense Petition for Judicial Review States Answer P&J Pork Motion to Intervene Order Granting Motion to Intervene Kossuth County Brief States Brief District Court Review Without Oral Argument Ruling on Petition for Judicial Review Remanded to EPC EPC Rehearing EPC Reconsideration Kossuth County Application for Rehearing Petition for Judicial Review EPCs Answer P&J Pork Motion to Intervene

9/18/14 10/08/14 11/07/14 11/20/14 2/03/15 2/13/15 3/04/15 7/30/15 10/20/15 11/17/15 12/07/15 12/15/15 1/14/16 1/15/16

Peeters Development Co., Inc.; Mt. Joy Mobile Home Park Davenport (6)

Wastewater Water Supply

Monitoring/Reporting; Compliance Schedule; Discharge Limits; Operation Violations; Certified Operator Discipline


Referred Petition Filed Answer Filed Trial Scheduling Conference Order Setting Trial for 9/13/16 Amended Petition Filed

3/18/14 6/18/15 7/16/15 9/25/15 9/25/15 12/17/15

SABEER, LLC d/b/a Sleepy Hollow Campground Oxford (6)

Wastewater Water Supply Air Quality

NPDES Permit Violations; Water Supply Permit Violations; Open Burning


Referred 6/16/15


CONTESTED CASES February, 2016

DATE RECEIVED

NAME OF CASE

F.O. ACTION APPEALED

PROGRAM ASSIGNED

TO

STATUS

1

10/29/09 Harlan Rudd; Karen Rudd; dba Rudd Brothers Tires

6 Order/Penalty UT Brees Informal negotiation. CADR was submitted, partially rejected with options. Settlement letter sent 2/24/10.

3/11/10 Bondurant, City of 5 Order/Penalty WW Hansen 7/2013-On hold pending further investigation. 5/15 Letter to City Attorney regarding meeting to discuss appeal.

8-27-12 Ag Processing, Inc.; Sergeant Bluff

4 Permit Conditions AQ Preziosi Met with appellant on 7/8/15. Settled in concept.

11-21-12 Ag Processing Inc. 6 Permit Conditions AQ Preziosi Met with appellant 8/6/15. Settled in concept.

3-04-13 Anderson Excavating Co., Inc. 4 Order/Penalty SW Scott Landfill closure remains in final stages, and discussions concerning post-closure are underway. Company has obtained adequate financial assurance as required by regulation and order. Settlement of pending AO to be addressed once closure is complete.

6-10-13 Mike Jahnke 1 Dam Application FP Schoenebaum Hearing held 7/30/14. ALJ upheld the permit issued by the Department. Mr. Jahnke appealed but on 11/3/14 he asked that his appeal be put on hold until April, 2015.

1/16/14 Council Bluffs Water Works 4 Permit Conditions WW Tack Hearing continued. Settlement discussions ongoing.

4/17/14 REIC/Iowa Co. Sanitary Landfill 6 Permit Conditions WW Tack 4/27/15 Consent Order signed by REIC. Awaiting receipt.

10/01/14 Amsted Rail Company, Inc. (Griffin Wheel Co.)

Permit Conditions SW Scott Company has agreed to stay pursuit of appeal of permit terms while groundwater testing is conducted by consultant to determine source of contaminants. Following investigation parties will continue negotiation of proper permitting requirements

2/05/15 Mahle Engine Components USA 4 Order/Penalty WW Hansen Negotiating before filing. 5/15 Settlement conference to be scheduled.

3/31/15 Duane Covington 5 Notice to Revoke License WS Hansen Hearing continued to 2/3/16.

5/22/15 Cedar Ridge Vineyards 6 Order/Penalty WW Hansen Negotiating before filing.

7/02/15 Emmetsburg, City of 3 Permit Conditions WW Crotty Negotiating before filing.

7/07/15 Boone, City of 5 Permit Conditions WS Hansen Negotiating before filing.


CONTESTED CASES February, 2016

DATE RECEIVED

NAME OF CASE

F.O. ACTION APPEALED

PROGRAM ASSIGNED

TO

STATUS

2

7/10/15 Barry Ewoldt 2 Notice of Verified Well Interference

WR Crotty Hearing rescheduled for 3/10/16.

8/21/15 Bradshaw Farms, LP 5 Flood Plain Development Permit for IDOT Bridge Replacement

FP Schoenebaum Negotiating before filing.

10/12/15 Ames-Story Environmental C&D Landfill, Inc.

5 Amendment #4 to SDP SW Scott DNR and the party are in negotiations concerning amended permit terms. The party requested that a hearing not be scheduled until negotiations are completed.

10/20/15 William Lawler; Jeff Lawler 1 Order/Penalty AFO Book Negotiating before filing.

10/20/15 John Westra 3 Order/Penalty AFO Book Negotiating before filing.

10/20/15 Diana Costello 6 Permit Issuance FP Schoenebaum Negotiating before filing.

10/28/15 Sedore, Inc. 6 Order/Penalty SW/AQ/WW

Scott Hearing date revised to February 17, 2015, to allow parties time to negotiate settlement. Settlement negotiations continuing.

11/15/15 Cargill, Inc. 5 Permit Conditions AQ Preziosi Negotiating before filing.

DATE: February, 2016 TO: EPC FROM: Ed Tormey RE: Enforcement Report Update The following new enforcement actions were taken during this reporting period: Name, Location and Field Office Number Program Alleged Violation Action Date The Good Eggs, LLC Franklin Co. (2)

Wastewater Water Quality Violations General Criteria

Consent Order $5,000 $1,804.88/Inves.

1/13/16

Mahaska Co. SW Management Commission (5)

Solid Waste Permit Violations Consent Order 1/15/16

Paul Sealine Hamilton Co. (2)

Animal Feeding Operation

Prohibited Discharge - Confinement

Consent Order $500

1/25/16

IOWA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION COMMISSION

RULE MAKING STATUS REPORT February, 2016

Proposal

Stakeholder Engagement

Sent for Governors Pre-Approval (Job Impact) Statement

Notice to EPC

Notice Published

ARRC No.

ARRC Mtg.

Hearing

Comment Period

Final Summary To EPC

Rules Adopted

Rules Published

ARRC No.

ARRC Mtg.

Rule Effective

1. Ch. 20, 21, 22, 23, 25, 26, 27,28, 31 and 33 5-Year Rules Review Plan

12/17/15

2. Ch. 60, 62, 63, 64 and 67 for National Pollutant Discharge Elimination System (NPDES) and Iowa Operation Permits

10/09/15 5/28/15 3/23/15 11/18/15

12/15/15

1/06/16

2353C

2/05/16

2/15-16/16

2/19/16

3. Ch. 64 NPDES General Permit No. 7

12/17/15 1/27/16

4. Ch. 64 NPDES General Permit No. 5

1/11/16

5. Ch. 65 Animal Feeding Operations

1/15/16

6. Ch. 101 Solid Waste Comprehensive Planning Requirements Rule Clean-Up

7. Ch. 105, 113 Yard Waste Disposal

Iowa Department of Natural Resources Environmental Services Division

Fourth Quarter 2015 Report of Wastewater By-passes

During the period October 1, 2015 through December 31, 2015, 41 reports of a wastewater by-pass were received. A general summary and count by field office is presented below. This does not include by-passes resulting from precipitation events or by-passes resulting in basement backups.

Month Total Avg. Length (days)

Avg. Volume (MGD)

Sampling Required

Fish Kill

1ST Quarter 15 35(52) 0.237 0.011 3 0(0) 2ND Quarter 15 52(78) 43.505 0.036 6 0(0) 3RD Quarter 15 41(58) 0.337 0.030 3 0(0) 4TH Quarter 15 41(34) 0.156 0.018 4 0(0)

(numbers in parentheses are for same period last year)

Total Number of Incidents per Field Office This Quarter:

Field Office 1 2 3 4 5 6 Reports 4 2 14 4 8 9

Iowa Department of Natural ResourcesEnvironmental Services DivisionFourth Quarter 2015 Report of Hazardous Conditions

Report of Hazardous Conditions1/21/2016 Page 1 of 1

Jun 2015 77 89 5 14 48 60 24 15 22 27 47 54 1 1 2 3 0 1 5 3

Oct 2015 63 66 3 3 41 41 19 22 19 18 35 38 2 0 1 1 0 2 6 7

Apr 2015 99 75 25 11 46 50 28 14 41 20 49 44 0 2 3 4 0 1 6 5

Sep 2015 67 66 1 6 47 41 19 19 25 19 37 37 1 2 1 2 0 2 3 4

Aug 2015 56 53 0 2 45 40 11 11 19 13 34 34 0 1 2 1 0 0 1 4

Jul 2015 71 103 4 6 53 74 14 23 23 16 39 78 0 0 3 3 0 1 6 6

Nov 2015 52 55 3 5 34 36 15 14 15 24 29 25 0 2 6 1 0 0 2 3

Dec 2015 51 62 0 1 38 50 13 11 13 15 33 39 1 0 2 1 0 0 2 7

May 2015 74 66 9 15 40 33 25 18 20 18 48 39 0 2 4 1 0 0 2 6

Mar 2015 51 73 4 1 36 48 11 24 13 19 35 46 0 2 2 4 1 0 0 2

Feb 2015 40 69 0 5 36 47 4 17 18 19 15 36 0 1 3 4 0 4 4 5

Jan 2015 44 68 2 7 31 40 11 21 15 11 23 48 0 0 3 2 0 2 3 5

Total 745 845 56 76 495 560 194 209 243 219 424 518 5 13 32 27 1 13 40 57

Substance Mode

Total Incidents

Agrichemical Petroleum Products

Other Chemicals

Transport Fixed Facility Pipeline Railroad Fire Other*

Month Year Cur Yr Ago

Cur Yr Ago

Cur Yr Ago

Cur Yr Ago

Cur Yr Ago

Cur Yr Ago

Cur Yr Ago

Cur Yr Ago

Cur Yr Ago

Cur Yr Ago

443947462827101929182517Total

Year AgoCurrentYear AgoCurrentYear AgoCurrentYear AgoCurrentYear AgoCurrentYear AgoCurrent

Field Office 6Field Office 5Field Office 4Field Office 3Field Office 2Field Office 1Total Number of Incidents per Field Office This Selected Period

*Other includes dumping, theft, vandalism and unknown

During the period October 1, 2015, through December 31, 2015, 166 reports of hazardous conditions were forwarded to the central office. A general summary and count by field office is presented below. This does not include releases from underground storage tanks, which are reported separately.

Iowa Department of Natural Resources Environmental Services Division Fourth Quarter 2015 Report of Manure Releases

1/21/2016 Report of Manure Releases Page 1 of 1

Jul 2015 21* 2 2 0 1 0 20 2 0 0 0 0 18 2 3 0 0 0 0 0

Nov 2015 5 6 1 3 0 0 3 3 0 1 2 2 2 5 2 0 1 1 0 0

May 2015 4 2 2 1 0 0 3 1 1 0 0 1 3 1 1 1 0 0 0 0

Oct 2015 11* 14 5 4 0 3 11 5 0 1 0 5 11 9 0 5 0 0 0 0Sep 2015 6* 6 1 3 0 0 6 5 0 0 0 1 5 1 0 4 1 1 0 0Aug 2015 9* 3 3 3 0 1 8 1 0 1 1 0 9 1 0 2 0 0 0 0

Jan 2015 0 2 0 1 0 1 0 1 0 0 0 0 0 1 0 1 0 0 0 0

Dec 2015 2 3 1 0 0 0 2 1 0 0 0 2 2 2 0 0 0 0 0 1

Jun 2015 1 3 1 1 0 2 0 0 0 0 0 1 1 1 0 2 0 0 0 0

Apr 2015 5 4 0 0 0 0 3 3 1 1 1 0 3 4 1 0 0 0 1 0

Mar 2015 1 2 0 1 0 0 1 1 0 0 0 1 1 2 0 0 0 0 0 0

Feb 2015 2 1 0 0 0 0 1 0 0 0 1 1 1 0 0 0 1 1 0 0

Total 67 48 16 17 1 7 58 23 2 4 5 14 56 29 7 15 3 3 1 1

Total Incidents Surface Water Impacts

Feedlot Confinement Land Application

Transport Hog Cattle Poultry Other

Month Year Cur Yr Ago Cur Yr Ago Cur Yr Ago Cur Yr Ago Cur Yr Ago Cur Yr Ago Cur Yr Ago Cur Yr Ago Cur Yr Ago Cur Yr Ago

312345724334*Total

PreviousCurrentPreviousCurrentPreviousCurrentPreviousCurrentPreviousCurrentPreviousCurrent

Field Office 6Field Office 5Field Office 4Field Office 3Field Office 2Field Office 1Total Number of Incidents per Field Office for the Selected Period

During the period October 1, 2015, through December 31, 2015, 18 reports of manure releases were forwarded to the central office. This includes 3 reports on ammonia released from the natural decomposition of manure in storage. A general summary and count by field office is presented below.

* Counts include reports of ammonia released during the natural decomposition of manure while in storage. July - 16 reports, August - 5 reports, September - 3 reports and October - 3 reports

#Animal Feeding Operation BOLD Entries Have Been Referred to DRF

1

IOWA DEPARTMENT OF NATURAL RESOURCES LEGAL SERVICES BUREAU DATE: February 1, 2016 TO: Environmental Protection Commission FROM: Ed Tormey SUBJECT: Summary of Administrative Penalties The following administrative penalties are due: NAME/LOCATION PROGRAM AMOUNT DUE DATE Robert and Sally Shelley (Guthrie Center) SW 1,000 3-04-91 Daryl & Karen Hollingsworth d/b/a Medora Store(Indianola) UT 3,825 3-15-96 James Harter (Fairfield) WW 1,336 8-01-01 * Floyd Kroeze (Butler Co.) AFO 1,500 2-20-01 Albert Miller (Kalona) AQ/SW 9,735 9-26-03 Mike Messerschmidt (Martinsburg) AQ/SW 500 4-13-04 Interchange Service Co., Inc., et.al. (Onawa) WW 6,000 5-07-04 # Dunphy Poultry (Union Co.) AFO 1,500 6-27-04 # Cash Brewer (Cherokee Co.) AFO/SW 10,000 8-25-04 # Doorenbos Poultry; Scott Doorenbos (Sioux Co.) AFO 1,500 10-09-04 # Doug Sweeney (OBrien Co.) AFO 375 12-21-04 Harold Linnaberry (Clinton Co.) SW 1,000 5-18-05 # Joel McNeill (Kossuth Co.) AFO 2,460 1 21-06 Affordable Asbestos Removal, Inc. (Monticello) AQ 7,000 4-28-06 # Troy VanBeek (Lyon Co.) AFO 3,500 10-16-06 Larry Bergen (Worth Co.) AQ/SW 257 11-01-06 # Joshua Van Der Weide (Lyon Co.) AFO 3,500 2-25-08 Jon Knabel (Clinton Co.) AQ/SW 2,000 12-16-08 # Rick Renken (LeMars) AFO 996 7-03-09 # Brian Lill (Sioux Co.) AFO 2,755 7-18-09 Denny Geer (New Market) SW 9,476 10-31-09 Shrey Petroleum; Palean Oil; Profuel Three (Keokuk) UT 10,000 3-19-10 Melvin Wellik; Wellik-DeWitt Implement (Britt) AQ/SW 2,900 4-08-10 Alchemist USA, LLC; Ravinder Singh (Malcom) UT 8,260 5-03-10 # LJ Unlimited, LLC (Franklin Co.) AFO/AQ/SW 3,500 5-27-10 Bret Cassens; J & J Pit Stop (Columbus Junction) UT 8,700 6-20-10 # Christopher P. Hardt (Kossuth Co.) AFO 2,000 7-07-10 AKD Investments, LLC; H.M. Mart, Inc. (Blue Grass) UT 6,900 8-06-10 # Joe McNeill (Kossuth Co.) AFO 2,460 12-23-10 Gonzalez & Sons Express, Inc. (DeSoto) WW 8,000 4-20-11 Steve Friesth (Webster Co.) AQ/SW 7,857 11-26-11 Josh Oetken (Worth Co.) AQ/SW 8,220 3-11-12 Bhupinder Gangahar/Saroj Gangahar/International Business UT 7,935 4-20-12 Terry Philips; TK Enterprises (Washington Co.) AQ/WW 3,000 5-30-12 # Boerderij De Vedhoek, LLC (Butler Co.) AFO 8,500 11-16-12 B Petro Corporation (Cedar Rapids) UT 7,728 5-13-13 Ken Odom (Iowa Co.) AQ/SW 5,000 4-26-13 Massey Properties, LLC; The Wharf (Dubuque) WS 10,000 10-05-13 Robert Downing (Mahaska Co.) AQ/SW 10,000 11-20-13


2

Shriners Hospital for Children, Inc. (Des Moines) UT 8,890 12-03-13 Larry Eisenhauer (Woodbury Co.) AQ/SW 4,675 3-01-14 Randy Wise; Wise Construction (Buena Vista Co.) AQ/SW 3,000 4-10-14 Advanced Electroforming, Inc. (Cedar Co.) AQ 1,500 4-03-14 Western Iowa Telephone Assoc. (Lawton) WW 4,000 5-24-14 Wendall Abkes (Parkersburg) SW 3,000 7-30-14 Donna J. Jensen (Ringsted) AQ/SW 3,000 10-17-14 Dennis Habben (Sioux Co.) SW 3,000 11-01-14 Leda Properties, LTD (Dubuque) WW 5,000 12-12-14 Annies LLC; Togie Pub (Lime Springs) WS 3,500 12-22-14 Joel Thys; Thys Chevrolet, Inc. (Benton Co.) AQ/SW 10,000 1-04-15 West Central Cooperative (Halbur) WW 4,000 1-04-15 Muscatine County Solid Waste Mgmt. Agency (Muscatine) SW 6,000 2-11-15 # Mark Yeggy; Randalyn Yeggy (Washington Co.) AFO 5,000 3-23-15 # Tim VanEaton (Orient) AFO 6,000 7-21-15 Gary Eggers (Stacyville) SW/WW 10,000 10-17-15 # Daniel Muhlbauer (Crawford Co.) AFO 7,000 11-14-15 # Einck Dairy, Inc. (Winneshiek Co.) AFO 4,000 12-23-15 TOTAL 282,740 The following penalties have been assessed but are not due at this time:

The Good Eggs, LLC (Franklin Co.) WW 5,000 2-13-16 TOTAL The following penalties have been placed on payment plans: * Reginald Parcel (Henry Co.) AQ/SW 110 4-23-05 * Country Stores of Carroll, Ltd. (Carroll) UT 1,408 6-06-05 * Douglas Bloomquist (Webster Co.) AQ/SW 3,500 12-01-07 * Jack Knudson (Irwin) UT 10,000 1-15-08 # Jerry Passehl (Latimer) SW/WW/HC 3,845 7-01-09 Jerry Wernimont (Carroll) AQ/SW 216 4-19-10 # Ernest Greiner (Keokuk Co.) AFO 500 10-10-10 R.H. Hummer Jr., Inc.; 2161 Highway 6 Trail (Iowa Co.) AQ/SW 3,643 9-15-13 # Steve Grettenberg; Dragster LLC AFO 500 11-20-14 Millard Elston III; The Earthman (Jefferson Co.) AQ/SW 1,815 2-15-13 Simon Simonson (Kossuth Co.) SW 2,900 11-30-14 Niehouse Cleaners & Draperies, Inc. (Marshalltown) AQ 2,500 9-15-14 # David Dahlgren (Clarion) AFO 2,250 12-15-14 # Steve Boevers and Dresden LLC (Chickasaw Co.) AFO 3,000 2-01-16 Terry McMurray; Virginia McMurray (Bussey) AQ 2,960 12-01-15 TOTAL 39,147 The following administrative penalties have been appealed: Harlan Rudd; Karen Rudd; Rudd Bros. Tires (Drakesville) UT 10,000 Bondurant, City of WW 10,000 Helen and Virgil Homer; Grandmas Snack Shop; (Aredale) WS 8,461 Anderson Excavating Company, Inc. (Pottawattamie Co.) SW 10,000 Mahle Engine Components USA, Inc. (Atlantic) WW 10,000 Cedar Ridge Vineyard, LLC (Swisher) WW 1,500


3

# John Westra (OBrien Co.) AFO 10,000 # William Lawler; Jeff Lawler (Dubuque Co.) AFO 9,000 Sedore Inc.; Sedore Sanitation & Recycling (Stockport) SW/AQ/WW 10,000 TOTAL 78,961 The following administrative penalties have been collected: # Anthony Nagel (Wayne Co.) AFO 1,000 Terry McMurray; Virginia McMurray (Bussey) AQ 100 # Benjamin J. Waigand (Union Co.) AFO 2,500 # Steve Boevers and Dresden LLC (Chickasaw Co.) AFO 1,500 Simon Simonson (Kossuth Co.) SW 100 Paul Sealine (Hamilton Co.) AFO 500 TOTAL 5,700

DNR Updated 5/2013

Contract Numbers 14ESDWQBPCALE-0004; 14ESDWQBPCALE-0006

Environmental Protection Commission Iowa Department of Natural Resources

ITEM 6 DECISION

TOPIC Contract Amendments with Edge Consulting Engineers, Wapsi Valley Archaeology, and The University of Iowa, Office of State Archaeologist for Archaeological and Architectural History Services

Recommendations: Commission approval is requested for increases in the not-to-exceed amounts of professional services contracts with Edge Consulting Engineers of Prairie du Sac, Wisconsin, Wapsi Valley Archaeology of Anamosa, Iowa, and The University of Iowa, Office of State Archaeologist of Iowa City, Iowa. The total amount of these contracts shall not exceed: Edge Consulting Engineers: $90,000 Wapsi Valley Archaeology: $150,000 Office of State Archaeologist: $180,000 Funding Source: These contracts will be funded through the administrative accounts of the Clean Water and Drinking Water State Revolving Fund (SRF). These accounts are partially funded through loan fees paid by SRF borrowers. DNR may contract for Phase IA Survey or Phase I Survey archeological services and/or Reconnaissance Survey architectural history services as needed for specific applicant projects. This level of investigation is typically adequate, but if additional investigation or effort is required, the cost and procurement of these surveys will be the responsibility of the SRF applicant. Background: Drinking water and wastewater construction projects funded by the SRF are considered federal undertakings and subject to the National Environmental Policy Act and the National Historic Preservation Act. Each project must either have a Categorical Exclusion (CX) or must demonstrate a Finding of No Significant Impact (FNSI), which must include documentation of the process of determining potential impacts on natural and cultural resources. Since 2006, SRF Environmental Review Specialists have been assisting SRF applicants by determining and issuing CXs, seeking clearances from consulting parties, contracting for archeological and/or architectural history investigations, preparing documentation for the State Historic Preservation Office, compiling the Environmental Information Documents, and issuing FNSIs. This service is unique among the water and sewer funding programs; in the other programs applicants must pay a grant administrator or consulting engineer to conduct the review and cover any expenses for archeology or architectural history surveys. Prior to 2006, the environmental review process was considered by many applicants to be a barrier to participating in the SRF programs. Providing environmental review services has removed that barrier and has contributed to the growth of the SRF.

DNR Updated 5/2013

Contract Numbers 14ESDWQBPCALE-0004; 14ESDWQBPCALE-0006

Since SRF began contracting for these archeology and architectural history surveys on behalf of SRF applicants, a total of $1,170,000 has been awarded for contracts. During that same timeframe, the SRF programs have committed $1.8 billion for water and wastewater infrastructure. Purpose: The parties propose to enter into these contract amendments for the purpose of continuing to retain the contractors to provide archeological and/or architectural history services relating to State Revolving Fund-financed water supply and wastewater construction projects. DNR has executed contracts with these service providers on a retainer basis. As the need for specific archeological and/or architectural history investigations is identified, the DNR solicits bid proposals from the selected contractors for the specific scope of work. The DNR then selects the most appropriate bid proposal and executes an addendum to the contract with the selected contractor to provide the specific services. The selection may be based on price, availability and project schedule, special qualifications, and/or past performance. Contractor Selection Process: The contractors were originally chosen in 2013 using a formal, competitive process. Contract History: In June 2015, the contracts were renewed for an additional two years and the not-to-exceed amounts were increased from the original contract amounts for the Office of State Archaeologist (from $90,000 to $120,000) and Wapsi Valley Archaeology (from $60,000 to $90,000). The proposed amendments add additional funds to these contracts as well as to that of Edge Consulting, Inc. based on each contractors history of participation. Patti Cale-Finnegan, SRF Coordinator Water Quality Bureau January 25, 2016 Attachment(s): Proposed Contract Amendments

LITIGATION REPORT

I. Summary The DNR seeks referral of Jim Frye to the Attorney Generals Office for an appropriate enforcement action, due to the discharge of manure from his confinement animal feeding operation that resulted in water quality violations and a fish kill. This referral includes the following violations: 1) prohibited discharge of a pollutant to a water of the state; 2) violation of the states water quality criteria; 3) failure to retain all manure between periods of application; 4) failure to report a manure release; 5) failure to land apply so as not to cause surface or groundwater pollution; and 6) failure to comply with the manure management plan. II. Alleged Violator

Jim Frye 605 15th Avenue NE Independence, Iowa 50644

III. Description of Facility Jim and Sue Frye own and operate a 3,600 head (1,440 animal units) confinement swine finisher operation. The facility has three confinement buildings, constructed in 1997, 1999, and 2005, respectively. Manure is stored in below building pits. The facility is located at 1499 Mason Avenue, Hazelton, Iowa (SW of the SW 1/4 of Section 30, Buffalo Township, Buchanan County, Iowa). IV. Alleged Violations a. Facts September 29, 2015:

1. DNR Field Office 1 received a complaint of dead fish in Pine Creek in Buchanan County.

2. Sue Miller, DNR Field Office 1 environmental specialist, began the complaint investigation. She first stopped at the County Road W33 bridge over Pine Creek and observed two dead fish at this location. Laboratory sample results from this location indicated an ammonia concentration of 14 mg/L. At the 155th Street bridge over the west branch of Pine Creek, Ms. Miller noted murky water and the field test indicated an ammonia concentration over 2 ppm.

Prepared By: Kelli Book Date: January 25, 2016

LITIGATION REPORT for JIM FRYE FEBRUARY 2016 EPC MEETING

2

Laboratory sample results from this location indicated an ammonia concentration of 4.4 mg/L. Ms. Miller also collected a laboratory sample from the area of 1644 Nathan Bethel in Pine Creek and the laboratory sample result indicated an ammonia concentration of 20 mg/L. At this point of the investigation, Ms. Miller contacted Dan Kirby, DNR Fisheries biologist, regarding the fish kill. Mr. Kirby and his staff conducted a fish kill count over the next two days.

Dead Fish observed by DNR Field Office 1 personnel in the areas noted above. 3. Ms. Miller continued to the next bridge upstream at 140th Street

and Mason Avenue. The water in the stream at this location was clear and the ammonia level was below detection level. Laboratory sample results from this location indicated an ammonia concentration of 0.10 mg/L. The west branch of Pine Creek bifurcates upstream of 150th Street. The east fork of the west branch appeared to be dry at this location.

4. Ms. Miller observed two confinement feeding operations between

155th Street and 140th Street. The first confinement feeding operation Ms. Miller visited was owned and operated by Scott Frye. Ms. Miller walked around the facility as well as around the tile line outlets near this facility and found no evidence of a manure discharge from the facility. However, the field tests upstream of the tile outlets did indicate an ammonia concentration of greater than 2 ppm. Ms. Miller continued to the second confinement feeding operation upstream of the first operation. This facility is Jim and Sue Fryes facility. At the time of Ms. Millers visit to the facility, no one was present. She was able to access the stream on the southern end of the property and the field test indicated an ammonia concentration of greater than 2 ppm. Ms. Miller contacted Jim Frye by telephone. Ms. Miller explained his facility could be the source of the manure discharge. Mr. Frye was out of town and agreed to meet Ms. Miller at the facility the following morning.

September 30, 2015:

5. Ms. Miller and Tom McCarthy, DNR Field Office 1 environmental specialist senior, returned to the Jim and Sue Frye facility. Mr. Frye explained to the field office personnel that about 10 days earlier he pumped manure to the


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surrounding cornfields and waterway to the north of the confinement buildings because the manure pits were full.

6. Mr. Frye then took the field office personnel to the north side of the confinement buildings where they observed manure running out of the middle pit fan on the side of the confinement building. The manure was running north between the first buildings and running into a waterway that drains to Pine Creek. The field office personnel instructed Mr. Frye to place a soil berm to catch the manure runoff and pump the west manure pit. The manure was to be land applied. The field office personnel asked about the fields. Mr. Frye explained that the fields were tiled and the tiles outlet at Pine Creek.

Manure overflow from confinement building.

Hose used to pump manure from confinement building. Note, manure pool in top right corner.


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7. Mr. McCarthy went to the southern end of the property where he entered the creek and walked north. Ms. Miller followed the waterway to the creek. At the end of the waterway, Ms. Miller noted a tile line with water discharging. The tile line and creek were free of ammonia at this location. Mr. McCarthy discovered two tile outlets located approximately 100 feet south of the end of the waterway. The field tests of the two tile outlets indicated high concentrations of ammonia. The laboratory sample results from this location indicated an ammonia concentration of 140 mg/L and 340 mg/L. 8. The field office personnel noted a considerable amount of liquid manure in the waterway from the confinement buildings to the creek. They asked that Mr. Frye use a skid loader to remove the grass to expose the manure on the ground. Mr. Frye did that and then the field office personnel required Mr. Frye to put sawdust on the ground to absorb the manure. Mr. Frye also constructed a containment to collect the discharge from the two tile outlets to prevent further discharge to Pine Creek. Mr. Frye installed a pump connected to a hose that transferred the collected contaminated water to a field on the east side of the creek. Burco Manure Pumpers, a certified manure service, arrived in the afternoon and began hauling manure out of the confinement building. The manure was taken to an off-site field location and the pumping continued until the pits were empty. It was later determined by the field office that the field where the manure was land applied was not in Mr. Fryes manure management plan. 9. The field office personnel went upstream of the Frye facility in Pine Creek. The laboratory sample results from this location indicated an ammonia concentration of 0.15 mg/L. October 1, 2015:

Manure discharging from the pit fan.


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10. Ms. Miller returned the Frye facility. She once again took field tests at the downstream locations where samples were taken earlier in the investigation. The water still contained detectable amounts of ammonia. While at the facility, Ms. Miller noted that manure pumps were idling at the confinement building and the south pump was dribbling manure on the ground. No one was at the facility at the time, but a representative from Burco Manure Pumpers arrived during the visit to fill a tanker wagon. He stated that he had been keeping the pumps on to stir the manure but that he would discontinue doing that. October 5, 2015: 11. Ms. Miller contacted Mr. Frye by telephone. He stated he brought in two 1,600 gallon tanks of water to flush the tile lines in the waterway. Ms. Miller then visited the site. She again took field tests at the downstream locations and there was no detectable ammonia. She noted that Mr. Frye dug up the tile in the waterway north of the confinement buildings. Mr. Frye stated he flushed the perimeter tile as well. He stated he observed a lot of manure discharging from the tiles when the tiles were flushed. The field tests of the tile line outlets still showed ammonia concentrations greater than 2 ppm. October 9, 2015: 12. Mr. Frye contacted Ms. Miller by telephone to summarize the series of events that lead to the manure discharge. He stated that by mid-September the three confinement building pits had filled up faster than he had anticipated. He stated about 10 days before the manure discharge report and fish kill, he borrowed Burco Manure Pumpers equipment and pumped the first buildings pit down about 8 inches, amounting to approximately 48,000 gallons of manure. The manure was pumped to the field with standing corn directly west of the confinement buildings. The manure was not applied at the appropriate rate; the manure management plan for the facility listed the application rate at 3,400 gallons/acre. The manure was not incorporated; the manure management plan for the facility stated the manure would be injected. Mr. Frye stated that two days later he pumped the second confinement buildings pit down about 4 inches, amounting to approximately 24,000 gallons of manure. The manure was pumped to another field with standing corn that was directly east of the northern portion of the confinement buildings. The manure was not applied at the appropriate rate and was not incorporated. Mr. Frye stated the following day he pumped the third confinement buildings pit down about 4 inches, amounting to approximately 24,000 gallons of manure. The manure was pumped to another field with standing corn that was directly north of the confinement buildings. The manure was not applied at the appropriate rate and was not incorporated. Between September 19 and September 22, Mr. Frye pumped approximately 96,000 gallons of manure to standing corn.


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13. Ms. Miller determined the manure that was observed on September 30 overflowing from the pit fan possibly entered the perimeter tile surrounding the confinement building as well as flowed over the ground to the waterway. The perimeter tile is connected to the main waterway tile that drains to Pine Creek. Ms. Miller could not determine the exact amount of manure that overflowed from the building. All of the cornfields used by Mr. Frye were tiled to drain to Pine Creek. The surface drainage from the field also flows to the north and east to waterways connected to Pine Creek. October 27, 2015: 14. DNR issued a Notice of Violation letter to Jim and Sue Frye for the violations discovered during the field offices investigation in September and October. The letter required Mr. and Mrs. Frye to submit a plan for providing adequate storage and preventing future loss of manure at the facility. The letter also stated the matter was being referred for further enforcement. November 12, 2015: 15. Mr. Frye submitted the plan for providing for adequate storage and preventing future manure discharges. The plan included the following steps: 1) Mr. Frye would pump the buildings again at the end of November, which would provide another month of storage; 2) he would use measurements to forecast if spring application is needed; 3) we would plant 45 acres of 100 day corn so the field can be used if application is needed earlier in the fall; and 4) he would remove the water system that was releasing excessive water in the pits. Field Office 1 approved the plan. Fish Kill Investigation

16. DNRs Fisheries Bureau conducted the fish kill investigation. The fish kill investigation was led by Dan Kirby who was assisted by Megan Thul and Mark Winn. The Fisheries personnel used the methods for narrow streams, incompletely accessible as outlined in American Fisheries Society, Special Publication 30. This determination was made due to the extreme turbidity caused by manure in the waterway, rough terrain over 2 miles of private property, and overhanging bank vegetation. The stream appeared to have been relatively steady as no dead fish were observed high on the banks. The fish appeared to have been dead for several days as decay was advanced and disarticulation of the primary skeletal structure occurred in some specimens during gentle handling.

17. The fish kill assessment determined that 5,459 fish were killed,

valued at $1,895.96. The Fisheries Bureau investigative costs were $641.01. The total fish value and investigative costs totaled $2,536.97.


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b. Law 1. Iowa Code section 455B.186 and 567 IAC 62.1(1) state that a

pollutant shall not be disposed of by dumping, depositing, or discharging such pollutant into any water of the state except that this section shall not be construed to prohibit the discharge of adequately treated sewage, industrial waste, or other waste pursuant to a permit issued by the Director. During the September and October 2015 investigation, DNR Field Office 1 found evidence that the manure from the Frye facility was discharged to Pine Creek. The above facts indicate violations of these provisions.

2. Iowa Code section 459.311 and 567 IAC 65.2(3) require, in part, that

the minimum level of manure control for a confinement feeding operation shall be the retention of all manure produced by the operation between periods of manure application. In no case shall manure from a confinement feeding operation be discharged directly into a water of the state. Mr. Frye admitted to intentionally pumping manure from his confinement buildings to corn fields on at least three different occasions. DNR Field Office 1 personnel documented a manure discharge to Pine Creek. Additionally, DNR Field Office 1 personnel observed manure in the waterway near the facility and discharging from one of the confinement buildings pit fans. The above facts indicate violations of these provisions.

3. 567 IAC 61.3(2) provides general water quality criteria and prohibits discharges that will produce objectionable color, odor or other aesthetically objectionable conditions; settle to form sludge deposits; interfere with livestock watering; or are toxic to animal or plant life. During the September and October 2015 investigation, DNR Field Office 1 personnel found evidence of general water quality violations including manure odor, turbid waters, and a fish kill. The above facts indicate violations of this provision.

4. 567 IAC 65.2(9) requires a person storing, handling, transporting,

or land applying manure from a confinement feeding operation who becomes aware of a release shall notify the DNR of the occurrence of release as soon as possible but not later than six hours after the onset or discovery of the release. Mr. Frye admitted to intentionally pumping manure from his confinement buildings to corn fields on at least three different occasions. At no point did Mr. Frye notify the DNR of the releases. The above facts indicate violations of this provision.

5. 567 IAC 65.2(7) requires that all manure removed from an animal

feeding operation or its manure control facilities shall be land-applied in a manner which will not cause surface or groundwater pollution. The intentional pumping of the manure by Mr. Frye was not properly land applied and the intentional pumping led to a discharge to Pine Creek. The above facts indicate a violation of this provision.


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6. 567 IAC 65.17(7)a requires that the manure management plan identify the method that would be used to land apply the confinement feeding operations manure. Mr. Fryes manure management plan stated the method of application as injection. The intentional pumping of the manure by Mr. Frye was not injected and the intentional pumping led to a discharge to Pine Creek. The above facts indicate a violation of this provision.

7. Iowa Code section 481A.151 provides that a person who is liable for

polluting a water of this state in violation of state law shall also be liable to pay restitution to the DNR for injury caused to a wild animal by the pollution. The DNR has adopted 571 IAC 113. 571 IAC 113 provides that a person who is liable for polluting a water of this state in violation of state law shall also be liable to pay restitution to the DNR for injury caused to a wild animal by the pollution. A fish kill resulted from the manure discharge at the Frye facility. 8. Iowa Code section 455B.191(4) authorizes the Attorney General to institute legal proceedings necessary to secure enforcement of the water quality provisions of the law. Iowa Code section 455B.191(1) authorizes civil penalties of up to $5,000 per day of violation of statutory provisions or DNR rules. Iowa Code section 455B.191(2) authorizes more serious criminal sanctions for negligent or knowing violations.

V. Witnesses The following DNR personnel will be potential witnesses: Tom McCarthy, Sue Miller, Dan Kirby, Megan Thul and Mark Winn. Ms. Miller will be available during the February 2016 EPC meeting to answer additional questions.

LITIGATION REPORT

Prepared by: Kelli Book Date: January 25, 2016

I. Summary The DNR seeks referral of the Cedar Rapids Community School District (CRCSD) and Abatement Specialties, LLC (Abatement Specialties) to the Attorney Generals Office for appropriate enforcement action, due to asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) violations in connection with a renovation project at Washington High School in Cedar Rapids, Iowa. This referral includes the following violations: failure to remove all regulated asbestos containing material prior to demolition, failure to keep all regulated asbestos containing material adequately wet, and failure to seal all asbestos containing material in leak-tight containers. Under the NESHAP, CRCSD is liable for the violations as the owner of the school, and Abatement Specialties is liable for the violations as the asbestos abatement removal contractor at the school. II. Alleged Violators Cedar Rapids Community School District 2500 Edgewood Road, NW Cedar Rapids, Iowa 52405 Abatement Specialties, LLC 1814 East Avenue NE Cedar Rapids, Iowa 52403 III. Description of Facility Washington High School is an education center in the CRCSD and is located at 2205 Forest Avenue Southeast in Cedar Rapids, Iowa. The present school structure was constructed in 1957 within additions in 1961, 1971, 1990 and 2005 for a total of approximately 312,000 square feet. The building is two-stories tall with a full basement. The student and staff population is approximately 1,300. The school houses a gymnasium, pool and auditorium. IV. Alleged Violations (including facts and applicable law) Asbestos is a known cause of lung disease, asbestosis, and cancer, specifically mesothelioma. Asbestos is a hazardous air pollutant. Failure to follow proper removal and disposal techniques of the regulated asbestos containing material creates an environmental hazard to the workers and general public through the

LITIGATION REPORT for CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT and ABATEMENT SPECIALTIES, LLC

February 2016 EPC MEETING

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likely release of asbestos fibers. Proper removal and disposal of asbestos containing material is required pursuant to the Clean Air Acts asbestos NESHAP.

A. FACTS CRCSD is conducting a large scale renovation project at Washington High School (school). The project is a multi-year project. As part of the project asbestos is to be abated prior to the renovation activities. The general contractor for the project is Woodruff Construction, LLC (Woodruff Construction). Woodruff Construction has oversight over the subcontractors, except for the asbestos abatement contractor. CRCSD contracted directly with Abatement Specialties for the asbestos abatement work at the school. CRCSD also contracted with Shive-Hattery, Inc. (Shive-Hattery) to inventory asbestos containing material that would be disturbed during the renovation project. Shive-Hattery was also contracted to conduct clearance sampling (air sampling) after the asbestos removal was completed. The federal Asbestos Hazard Emergency Response Act (AHERA) requires schools to pass clearance sampling when conducting asbestos removal projects. An asbestos abatement is considered successful if it passes the aggressive air clearance sampling with less than 71 asbestos fibers per cc of air. In June 2015, DNR received a complaint regarding the renovation project at Washington High School. As a result of the complaint investigation, DNR obtained photographs, work reports and work notes from subcontractors on site, as well as from CRCSD. The documents received during this investigation indicated problems with the asbestos abatement as early as December 2014. Details of the DNRs investigation and resulting violations are set out below: SUMMARY OF DNRS INVESTIGATION: June 2015: On or around June 24, 2015, DNR received an anonymous telephone complaint regarding the ongoing renovation project at the school. The complainant stated that Abatement Specialties was leaving asbestos debris throughout the school. On June 26, 2015, Tom Wuehr, DNR environmental specialist, visited the school to investigate the complaint. Mr. Wuehr observed dozens of workers at the school along with teachers and students. Mr. Wuehr spoke to various workers with the other companies working at the school regarding any concerns relating to asbestos. All of the workers who Mr. Wuehr spoke to had concerns with the asbestos removal work that Abatement Specialties was doing. Mr. Wuehr spoke with several employees of Day Mechanical, including Robert Kindschi, site superintendent. Mr. Kindschi and the Day Mechanical employees all had concerns that Abatement Specialties had created an asbestos hazard. Mr. Wuehr



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observed dry suspect material throughout the school. He noted debris throughout the building outside of containment. Mr. Wuehr took several photographs of the areas where Mr. Kindschi indicated there was asbestos debris. Mr. Wuehr collected a sample of suspect material from the tan ceiling tile debris. The debris was on a man-lift over the entrance to Room 104. The debris was in a dry condition and not contained. The aggregate laboratory result contained several discrete materials which were composed of 7% Chrysotile asbestos and 20% asbestos.

Photograph taken above the Entrance to Room 104 on June 26, 2015. Grab sample was taken. The aggregate contained several discrete materials which were composed of 7% and 20% Asbestos.



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Photograph taken during June 26, 2015 visit. The air is being pumped from the containment to the school hallway. This is problematic because if the filter or machine malfunctions then contaminated air is released into the hallways. According to records from Shive-Hattery the HEPA filter was failing around 40% of the time. Shive-Hattery informed the DNR that the particle count was only 60% effective. On June 30, 2015, Mr. Siems of Shive-Hattery observed an Abatement Specialties employee doing a glove-bag removal of asbestos containing fittings without the presence of water in the room. The employee was the only person in the room and not supervised during the removal. The employee was asked to stop his work until he had a water source. The employee went to another room and returned with a water sprayer. July 2015: On July 1, 2015, Mr. Wuehr returned to the school. He collected two more samples of suspect material from tar debris by the entrance to the gym and from black foam debris by the ticket office. The laboratory results did not indicate regulated amounts of asbestos in the samples. Mr. Wuehr also took several more photographs. On July 2, 2015, Mr. Wuehr returned to the school. He collected seven samples of suspect material from various areas of the school. The debris samples were in a dry condition and not contained. The locations and results of the laboratory analysis are as follows:



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Sample Location Type of Material Sampled

Laboratory Sample Results

Room 103 Plaster Wrap Debris 10% Chrysotile Asbestos 15% Amosite Asbestos

25% Total Asbestos Room 101a Transite Debris 25 % Chrysotile Asbestos Room 101b Pipe Wrap Debris 2% Chrysotile Asbestos

3% Amosite Asbestos 5% Total Asbestos

Library Ceiling Debris No Asbestos Containing Material

Boiler Room Tar Debris No Asbestos Containing Material

Boiler Room Insulation Debris 10% Chrysotile Asbestos Boiler Room Pipe Joint Debris 10% Chrysotile Asbestos

15% Amosite Asbestos 25% Total Asbestos

Mr. Wuehr met with Bow Thornburg and Mario Keller with Abatement Specialties. Mr. Wuehr asked these individuals if there had been any problems at that school. Mr. Keller admitted there had been a fiber release at the school on June 18, 2015. After further investigation, DNR determined the incident on June 18 occurred when Mike Boewitz, with Woodruff Construction, observed two abatement workers with Abatement Specialties in Rooms 215 and 217 hitting asbestos containing transite panels with hammers to break them up to fit in 55 gallon barrels. There was no water involved and no containment. The windows and doors were open. There were subcontractors in the same area as the abatement workers. Mr. Boewitz observed two 55 gallon barrels. One was full and the other was half full of damaged panels with debris on the floor. Mr. Boewitz called in the Abatement Specialties supervisor and instructed him to establish critical barriers to the two classrooms. Mr. Boewitz notified Chris Gates, CRCSD construction project specialist, and Denny Thornburg with Abatement Specialties. On June 19, 2015, Shive-Hattery provided CRCSD with photographs taken of the work area.



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Photograph taken in Rooms 215 and 217 on June 18, 2015 Broken Asbestos Containing Transite Panels Contains 20% Asbestos

Photograph taken in Rooms 215 and 217 on June 18, 2015 Broken Asbestos Containing Transite Panels Contains 20% Asbestos A July 2, 2015 subcontractor daily construction report from Day Mechanical to Woodruff Construction indicated that pipe insulation was found throughout Mechanical Room 027 and other debris could be seen throughout the school. On July 2, 2015, Mr. Siems walked around areas where abatement work had taken place. In the office area where the window abatement had occurred, Mr.



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Siems observed a large amount of asbestos containing sealant remaining on the window openings and on the ground. Mr. Siems also observed a large amount of asbestos containing transite and debris in areas of Rooms 104, 104E, 106A, and 106B. Mr. Siems met with Mr. Gates to review the areas of concern. On July 7, 2015, Mr. Wuehr spoke to Mr. Siems. Mr. Siems indicated that the aggressive air testing of areas outside of the containment in the school in July had yielded up to 75 asbestos fibers in the library; the library is across from the area where Abatement Specialties was breaking up dry asbestos containing transite panels outside of containment on June 18, 2015. One of the clearance samples was above the AHERA limit and the remaining samples were below the AHERA limit but asbestos was still present in those samples. Mr. Wuehr recommended the school be closed because the airborne concentrations were still above the limits several weeks after the incident. Mr. Wuehr contacted Rob Kleinsmith, CRCSD building and grounds manager, and informed him that the school needed to be closed because of an unacceptable risk of asbestos exposure to the school occupants. Mr. Kleinsmith questioned whether similar asbestos levels could be found in the outside air. Mr. Wuehr stated that asbestos is a naturally occurring mineral and may occur in outside air. However no more than one or two fibers would be expected to be found. Mr. Kleinsmith eventually agreed to close the school. On July 8, 2015, Mr. Wuehr returned to the school. He confirmed that only work on the building exterior was taking place. Some entrances to the building had been sealed by sheetrock and other entrances were locked. Mr. Wuehr met with Mr. Siems, Blake Plattt with Woodruff Construction, Mr. Kleinsmith and Mr. Gates. The group discussed the cleanup of the school. Mr. Siems recommended that additional asbestos workers would be needed for the cleanup project. The group agreed that the cleanup could proceed in stages, with one area cleaned at a time, and, if clearance samples passed, that area would be cleared for occupancy. Mr. Wuehr informed the group that the cleaned areas must remain sealed from the contaminated areas. On July 13, 2015, Mr. Wuehr returned to the school to evaluate the progress of the cleanup. Mr. Wuehr met with Mr. Siems, Mr. Gates, and Mr. Kleinsmith. CRCSD hired two other asbestos abatement companies to work with Abatement Specialties. On July 15, 2015, Mr. Wuehr returned to the school. He met with Mr. Siems. Mr. Siems indicated that Abatement Specialties was having problems with the decontamination work. Abatement Specialties failed to pass visual air clearance inspections on numerous occasions. On July 3, 2015 all subcontractors working for Woodruff either left the school or did not report to the school. On July 16, 2015, workers for Pierce Wall, a construction contractor, left the site because of



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concerns about the practices of Abatement Specialties using a shop vacuum to clean up asbestos containing debris. Workers for Pierce Wall witnessed Abatement Specialties dump the contents of a shop vacuum in an asbestos container. On July 16, 2015, during a visual inspection Mr. Siems observed workers from Abatement Specialties using a shop vacuum to clean up asbestos containing debris. In an email to Mr. Siems dated July 16, 2015, Mr. Kleinsmith questioned the difference between the AHERA and NESHAP requirements. Mr. Kleinsmith stated he was not interested in testing without justification. Mr. Siems responded that use of a shop vacuum was an unacceptable asbestos removal method and it would be difficult to not respond with a test to document a safe working environment. On July 17, 2015, Mr. Wuehr contacted Dr. Brad Buck, CRCSD superintendent. Mr. Wuehr requested Abatement Specialties be removed from the project because of continuous failures in the clearance sample protocol and concerns regarding the breach of asbestos containment by the Abatement Specialties workers. Mr. Wuehr was later informed by Mr. Siems that Abatement Specialties had left the project and that work at the school was going well. On July 20, 2015, Notice of Violation letters were issued to CRCSD and Abatement Specialties for the following violations: failure to remove all regulated asbestos containing material from a facility prior to renovation, failure to keep all asbestos containing material adequate wet until properly collected, and failure to seal all asbestos containing material in leak-tight containers. The letter requested CRCSD provide the air clearance samples taken by Shive-Hattery. The letter also informed CRCSD that enforcement may occur as a result of the violations. DNRs review of employee records indicate that at least 119 workers from Woodruff Construction and at least seven subcontracting companies were on site at the school between June 8, 2015 and July 15, 2015. It is unknown how many school employees, students and general public were in the school during that same time period. SUMMARY OF EVENTS PRIOR TO DNRS INVESTIGATION: Based on the notes of the subcontractors reviewed by the DNR, it appears that concerns with asbestos and asbestos debris has been an ongoing issue with the school project for months prior to DNRs investigation. In December 2014, asbestos debris was found in the basement area of the school. The floor was covered with a white coating and dry asbestos was found in the crawl space. This was the first time asbestos was identified in the pipe hangers. Mr. Siems notified



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the contractor and CRCSD representatives of the problem. CRSCD had Abatement Specialties clean the area before further work was done in the area. In April 2015, one of the air clearance tests in the mechanical area below the womens locker room failed due to high asbestos counts. In May 2015, Mr. Siems was notified by one of the sub-contractors of concerns in the boiler room. Mr. Siems observed a substantial amount of asbestos debris scattered throughout the boiler room floor including a five foot long section of air-cell insulation. Mr. Siems notified Abatement Specialities and CRCSD of the situation. In an email, dated May 18, 2015, Mr. Siems notified Mr. Gates and Tammy Carter, also a CRCSD employee, of the trouble in the boiler room. He stated that he doubted that proper glove bag procedures had been utilized when the removal had taken place. A subcontractor construction report from Day Mechanical to Woodruff Construction on June 3, 2015, indicated that they were conducting demolition work in Room 027 that was cleared of asbestos, but during the demolition Day Mechanical found asbestos that had not been removed. A similar construction report was filed on June 18, 2015 for the wood shop. Employees of the subcontractor, Universal Climate, notified Woodruff Construction of their concerns with debris in the mechanical room on June 5, 2015.

B. APPLICABLE LAW

Iowa Code section 455B.133 provides for the Environmental Protection Commission to establish rules governing the quality of air and emission standards. Pursuant to Iowa Code section 455B.133, 567 IAC section 23.1(3) was established, which adopts by reference the federal regulations regarding asbestos removal. The United States Environmental Protection Agency has delegated to the State of Iowa the authority to implement and enforce the demolition and renovation portions of the federal asbestos NESHAP, found at 40 CFR part 61, subpart M. 40 CFR section 61.145(c) details the procedures for asbestos emission control and states that each owner or operator to whom the provisions apply shall comply with the procedures. The facts in this case indicate that as the owner of the school the CRCSD was not in compliance with these provisions when the renovation project occurred. 40 CFR 61.145(c)(1) provides that all regulated asbestos containing material shall be removed from a regulated facility before any activity begins that would break up, dislodge, or similarly disturb the material or preclude access to the material for subsequent removal. Mr. Wuehr observed regulated asbestos containing



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material that had not been removed prior to the renovation project. He documented asbestos containing material throughout the school. Additionally, air clearance samples from Shive-Hattery indicated that high levels of asbestos fibers were found in uncontained areas of the school. The facts in this case indicate violations of this provision.

40 CFR 61.145(c)(6)(i) provides that all regulated asbestos containing material, including material that has been removed or stripped, shall be adequately wet and shall remain wet until collected and contained. Mr. Wuehr found dry regulated asbestos containing material exposed to the open air of the school. The dry regulated asbestos containing material was found throughout the school. Additionally, evidence from Shive-Hattery indicated that workers from Abatement Specialties were breaking up asbestos containing transite panels without a water source. The facts in this case indicate violations of this provision.

40 CFR 61.150 contains standards for asbestos waste disposal for demolition and renovation operations. Specifically, 40 CFR 61.150(a)(1)(iii) provides that all asbestos containing waste materials, while wet, shall be sealed in leak-tight containers or wrapping. Mr. Wuehr found dry regulated asbestos containing material exposed to the open air of the school. The dry regulated asbestos containing material was found throughout the school. Additionally, evidence from Shive-Hattery indicated that workers from Abatement Specialties were breaking up asbestos containing transite panels without a water source. The broken panels were observed in two 55 gallons barrels. The facts in this case indicate violations of this provision. V. Witnesses The following Air Quality Bureau personnel will be a potential witness: Tom Wuehr. Mr. Wuehr will be available during the February 2016 EPC meeting to answer additional questions. Other witnesses available to the Attorney Generals Office would include employees of Shive-Hattery and the subcontractors.

Iowa Department of Natural Resources Environmental Protection Commission

ITEM 10 NOTICE

TOPIC Proposed Rule Amendments to Wastewater Rules to include Pesticide Discharges, including Chapter 64 A summary of the draft amendments to Chapter 64, Wastewater Construction and Operation Permits, is being presented to the Commission for Notice of Intended Action. These proposed rules will amend Chapter 64 to renew NPDES General Permit 7 (GP7) which authorizes discharge of biological pesticides and chemical pesticide residues to waters of the United States. The current general permit was issued March 30, 2011, and it expires March 29, 2016. These amendments are proposed to be filed as Adopted and Filed Emergency after Notice, with an effective date of May 18, 2016, in order to minimize the length of time the expired permit must be administratively extended. Pesticide applications covered under GP7 include those for control of aquatic nuisance insects, weeds, algae, bacteria, fish parasites, and aquatic nuisance animals. Irrigation return flows and agricultural storm water discharges are not covered under GP7 as they are specifically exempted from the Clean Water Acts permitting requirements. There are no fees associated with GP7. Through the use of best management practices (BMPs), the renewed GP7 will continue to require compliance with general water quality criteria. The BMPs include following label instructions, conducting regular equipment maintenance, and visually monitoring application sites when possible. Changes from the current GP7 include eliminating requirements for submitting a Notice of Intent, adhering to strict integrated pest management practices, developing pesticide discharge management plans, and submitting annual reports. Eliminating these requirements will reduce the regulatory burden on permit holders. The following is a summary of the proposed amendments to Chapter 64: Establish effective and expiration dates for GP7. Remove the Notice of Intent requirement for GP7.

Stakeholders participated in the development of these proposed rules. The department also plans to hold a public hearing to obtain additional public comment. John Tack, Chief Water Quality Bureau Environmental Services Division February 16, 2016

ENVIRONMENTAL PROTECTION COMMISSION[567]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 455B.173(11), the Environmental

Protection Commission (Commission) hereby gives Notice of Intended Action to amend Chapter

64, Wastewater Construction and Operation Permits, Iowa Administrative Code.

The purpose of this action is to reissue the existing National Pollutant Discharge

Elimination System (NPDES) Pesticides General Permit known as General Permit #7 (GP7).

This general permit allows for the discharge of pesticides to waters of the United States. The

current general permit was issued on March 30, 2011, and expires on March 29, 2016. Pesticide

applications covered under GP7 include those for control of aquatic nuisance insects; weeds,

algae, fungi, bacteria, and fish parasites in water and at waters edge; aquatic nuisance animals;

and forest canopy pests at waters edge. Irrigation return flows and agricultural storm water

discharges are not covered under GP7 because they are specifically exempted from the Clean

Water Acts permitting requirements. There are no fees associated with GP7.

In addition to renewing GP7, the Commission is proposing to further reduce the

regulatory burden on pesticide applicators by removing the existing requirement that large

applicators must submit a Notice of Intent (NOI) for coverage under GP7. Under the renewed

permit, all pesticide applications meeting the eligibility criteria will be automatically covered,

without the need to submit an NOI. The Commission is also proposing to remove all

requirements that were specific to large applicators, including the development and

implementation of integrated pest management plans and the creation of annual reports.

The Commission intends to file these rules as Adopted and Filed Emergency after Notice,

to be effective on May 18, 2016, pursuant to Iowa Code section 17A.5(2)b(2), following

public comment and public hearings. The normal effective date should be waived and the

amendments should be made effective on May 18, 2016, as the amendments confer a benefit on

the public by simplifying requirements for permit coverage and by minimizing any lapse in

permit coverage.

Any interested person may submit written comments on the proposed amendments on or

before XXXXXXXXX. Written comments or questions regarding the proposed action should be

directed to Wendy Hieb, Iowa Department of Natural Resources, 502 E. 9th Street, Des Moines,

IA 50309-0034; via fax at (515)725-8202; or via e-mail at [email protected].

A public hearing where persons may present their views orally or in writing will be held

on XX, XXXX, at XX in the XXXXXXXXXX Conference Room, of the Wallace State Office

Building, 502 East Ninth Street, Des Moines, Iowa. Persons attending the public hearing may

present their views either orally or in writing. At the hearing, persons will be asked to give their

names and addresses for the record and to confine their remarks to the proposed amendments.

Any persons who intend to attend a public hearing and have special requirements, such as

hearing or mobility impairments, should contact the Department to advise of any specific needs.

After analysis and review of this rule making, no impact on jobs has been found. The

general permit has been in place for four years and is accepted by pesticide applicators as a

necessary tool to allow for the discharge of pesticides to waters of the United States. In addition,

the Commission is proposing to reduce the regulatory burden on applicators as part of the

reissuance of the general permit by removing the requirement to submit a Notice of Intent for

coverage. The Commission is also proposing to remove all requirements that were specific to

large applicators, including the development and implementation of integrated pest management

plans and the creation of annual reports.

These amendments are intended to implement Iowa Code sections 455B.173(11) and

455B.186.

The following amendments are proposed.

ITEM 1. Rescind subparagraph 64.3(4)b(7).

ITEM 2. Amend subrule 64.15(7) as follows:

64.15(7) Pesticide General Permit (PGP) for Point Source Discharges to Waters of the

United States From the Application of Pesticides NPDES General Permit No. 7,

effective March 30, 2011 May 18, 2016, to March 29, 2016 May 17, 2021.

_________________________________ Date

_________________________________ Chuck Gipp, Director

IOWA DEPARTMENT OF NATURAL RESOURCES (IDNR) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

GENERAL PERMIT #7

PESTICIDE GENERAL PERMIT (PGP) FOR POINT SOURCE DISCHARGES

TO WATERS OF THE UNITED STATES FROM THE APPLICATION OF PESTICIDES

AUTHORIZATION TO DISCHARGE UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of the Clean Water Act (CWA), as amended (33 U.S.C. 1251 et seq.), any operator of a point source discharge of pollutants associated with the application of pesticides who is eligible for permit coverage under Part 1 is authorized to discharge in accordance with the requirements of this permit. This permit becomes effective on March 30, 2016. This permit and the authorization to discharge expire at midnight, March 29, 2021.

Contents 1.0 Coverage under this Permit ..................................................................................... 1

1.1 Eligibility ................................................................................................................................... 1 1.1.1 Activities Covered .............................................................................................................. 1 1.1.2 Limitations on Coverage ..................................................................................................... 1

1.2 Authorization to Discharge under this Permit ............................................................................ 3 1.2.1 How to Obtain Authorization ............................................................................................. 3 1.2.2 Discharge Authorization ..................................................................................................... 3 1.2.3 Continuation of this Permit ................................................................................................. 3 1.2.4 Discontinuation of Coverage .............................................................................................. 3

1.3 Alternative Permit Information .................................................................................................. 4 1.3.1 IDNR Requiring Coverage under an Alternative Permit .................................................... 4 1.3.2 Operator Requesting Coverage under an Alternative Permit ............................................. 4

1.4 Severability of this Permit .......................................................................................................... 4 1.5 Other Federal and State Laws .................................................................................................... 4

2.0 Technology-Based Effluent Limitations ................................................................. 5 2.1 Requirements .......................................................................................................................... 5

2.1.1 Pesticide Application Rate .................................................................................................. 5 2.1.2 Regular Maintenance Activities ......................................................................................... 5 2.1.3 Pest Management Tools ...................................................................................................... 5

3.0 Water Quality-Based Effluent Limitations ............................................................ 5 4.0 Monitoring Requirements ........................................................................................ 6

4.1 Basic Monitoring Requirements ................................................................................................ 6 4.2 Visual Monitoring Requirements ............................................................................................... 6

5.0 Corrective Action ...................................................................................................... 6 5.1 Situations Requiring Revision of Control Measures .................................................................. 6 5.2 Corrective Action Deadlines ...................................................................................................... 7 5.3 Hazardous Condition Documentation and Reporting ................................................................ 7

5.3.1 Six (6) Hour Hazardous Condition Notification ................................................................. 7 5.3.2 Thirty (30) Day Hazardous Condition Written Report ....................................................... 7

5.4 Additional Permit Requirements ................................................................................................ 8 6.0 Recordkeeping ........................................................................................................... 8

6.1 Required Records ....................................................................................................................... 8 6.2 Maintenance and Availability of Records .................................................................................. 8

7.0 IDNR Contact Information and Mailing Addresses .............................................. 9 7.1 DNR Wallace Building Address ............................................................................................ 9 7.2 DNR Regional Field Office Addresses and Counties Served ................................................ 9

Appendix A Standard Conditions ............................................................................... 11 Appendix B - Definitions, Abbreviations, and Acronyms ............................................ 13

B.1. Definitions ................................................................................................................................... 13 B.2. Abbreviations and Acronyms ...................................................................................................... 18

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1.0 Coverage under this Permit 1.1 Eligibility

1.1.1 Activities Covered This permit is available to operators for the application of 1) biological pesticides and 2) chemical pesticides which leave a residue (hereinafter collectively pesticides) that result in a discharge to waters of the United States (U.S.). This permit covers the following pesticide use patterns: Mosquito and Other Flying or Aquatic Nuisance Insect Control - management of all public health/nuisance pests which develop or are present during a portion of their life cycle in standing or flowing water, when applying pesticides in or over standing or flowing water. Public health/nuisance pests in this use category include but are not limited to mosquitoes and black flies. Weed, Algae, Bacteria, Fungi, or Fish Parasite Control - management of weeds, algae, bacteria, fungi, and fish parasites in water and at water's edge including but not limited to lakes, rivers, streams, irrigation canals, and drainage systems. Aquatic Nuisance Animal Control - management of invasive or other nuisance species in water and at water's edge. Aquatic nuisance animals in this use category include but are not limited to fish, lampreys, and mollusks. Forest Canopy Pest Control - aerial application of a pesticide to a forest canopy to control the population of a pest species (e.g., insect or pathogen) where a portion of the pesticide unavoidably will be applied over and deposited to water to target the pests effectively.

1.1.2 Limitations on Coverage

You are required to apply for and/or obtain authorization to discharge under an individual NPDES permit in accordance with 567 IAC Chapter 64 if you have a discharge covered by Parts 1.1.2.1 to 1.1.2.5. Refer to Part 1.3 for a further description of alternative permits.

1.1.2.1 Discharges to Water Quality Impaired Waters You are not eligible for coverage under this permit for any discharges from a pesticide application to waters of the U.S. if the water is identified as impaired by that pesticide or its degradates. Impaired waters are those which have been identified by IDNR pursuant to Section 303(d) of the CWA as not meeting applicable State water quality standards. Impaired waters include both waters with established Total Maximum Daily Loads (TMDLs) and those for which a TMDL has not yet been established.

1.1.2.2 Discharges to Waters Designated as OIW or ONRW

You are not eligible for coverage under this permit for discharges to waters designated by IDNR as Outstanding Iowa Waters (OIW) or Outstanding National Resource Waters (ONRW) for antidegradation purposes under 567 IAC Chapter 61.2(2). The list of OIW and ONRW waters is available in Appendices B and C of the Iowa Antidegradation Implementation Procedure, February 17, 2010.

1.1.2.3 Endangered and Threatened Species and Critical Habitat Protection

You are not eligible for coverage under this permit for discharges to waters that are published critical habitat for federally listed species.

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1.1.2.4 Discharges Currently or Previously Covered by another Permit You are not eligible for coverage under this permit for the following types of discharges: Discharges currently covered under another NPDES permit (individual or general).

For example, controlled discharge lagoons with NPDES permits must request an amendment to their permit to discharge algaecide residuals.

Discharges covered within five years prior to the effective date of this permit by an individual permit or alternative general permit where that permit established site-specific numeric water quality-based limitations.

Discharges covered by an NPDES permit which has been or is in the process of being denied, terminated, or revoked by IDNR (this does not apply to the routine reissuance of permits every five years).

1.1.2.5 Any Discharge Resulting From the Use of a Pesticide Contrary to Its Labeling You are not eligible for coverage under this permit for a discharge that occurs when using a pesticide contrary to its labeling. This permit only covers the application of pesticides in accordance with the pesticide product label.

1.1.2.6 Discharges near Shallow Wells

If you plan an aquatic pesticide application or anticipate such an application within 50 feet of a shallow well, as defined in Appendix B, you must obtain prior authorization from the IDNR as described in Part 1.1.2.7. Contact the IDNR Water Allocation and Use Program for further guidance.

1.1.2.7 Discharges to Waters Designated as Drinking Water Supply (Class C)

If you plan or anticipate an aquatic pesticide application either one half mile above or below a river or stream segment designated as Class C in

567 IAC Chapter 61, on any lake, reservoir or wetland designated as Class C in 567 IAC Chapter 61

(drinking water intakes), or near shallow wells (as described in Part 1.1.2.3),

you must obtain prior authorization from IDNR. In order to request authorization, you are required to submit the General Permit #7 Class C Waters Form to the department at least ninety (90) days before pesticide application/discharge, in addition to complying with all applicable requirements of this permit. The General Permit #7 Class C Waters Form is available at http://www.iowadnr.gov. Authorization will be denied for an anticipated pesticide application to a Class C water if any of the following conditions apply:

1. If the active or inactive ingredients in the pesticide proposed for application are regulated under the Safe Drinking Water Act (SDWA);

2. If the requested area for pesticide application is within 2,000 feet upstream or 100 feet downstream from a public or private water supply intake in a river or stream; or

3. If the requested area for pesticide application is within 2,000 feet of a public or private water supply intake in a lake, reservoir, or wetland.

However, pesticide application/discharge under conditions 1, 2, and/or 3 could be authorized if requested by the impacted water purveyor for a pesticide application intended to correct or control water quality problems within the water supply or system.

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Application of pesticides to Class C waters shall be restricted to certified pesticide applicators licensed by the Iowa Department of Agriculture and Land Stewardship and who possess a current certification in Category 5 Aquatic Pest Control. Refer to the General Permit #7 Class C Waters Form at http://www.iowadnr.gov for more information.

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