Unnamed Tributary to Mud Creek IA 06-BSR-6309

The kill occurred on or before August 19, 2009. Approximately 1,431 fish were killed along a 1.5 mile stretch of an unnamed tributary to Mud Creek two miles northeast of Lester. Approximately 100,000 gallons of manure flowed from piping to a road ditch after a clamp came off a temporary pipe. The manure then entered an underground tile line that drained into the tributary of Mud Creek. The value of the fish was estimated to be $518.09. Updated information shows that DNR sought and received restitution for this fish kill.

According to DNR’s assessment/listing methodology, the occurrence of a single pollutant-caused fish kill, or a fish kill of unknown origin, on a waterbody or waterbody reach during the most recent assessment period indicates a severe stress to the aquatic community and suggests that the aquatic life uses should be assessed as “impaired.”If a cause of the kill is identified, and the cause is either known, or suspected, to be a “pollutant,” the assessment type is considered “monitored” and the affected waterbody is a candidate for Section 303(d) listing. If, however, a consent order has been issued to the party responsible for the kill and monetary restitution has been sought for the fish killed, the affected waterbody will be placed in IR Category 4d (impaired but TMDL not required). DNR feels that (1) TMDLs should not be required for kills caused by a one-time illegal or unauthorized release of manure or other toxic substance where enforcement actions were taken and (2) enforcement action is more appropriate, efficient, and effective for addressing a spill-related impairment than is the TMDL process. Thus, this assessment segment was placed in Category 4d of Iowa’s 2012 Integrated Report and remains in IR Category 4d.