Field Office Compliance - Complaint


Complaint ID - 23090
Rural Iowa Sanitary Landfill - Eldora - 310201813
20488 M Avenue Eldora, IA 50627
Hardin County

FO 2

Complaint ID:
23090
Complainant
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File Name File Type File Date Note
Comments
9/14/2016 From: Zach Knutson [mailto:zachknutson@hotmail.com] Sent: Tuesday, September 13, 2016 7:27 PM To: Dan Aastrup; Miller, David [DNR] Subject: Re: IDNR I will try to let you know when the coop is coming to spray, but like last spring we didn't decide to spray on that Saturday morning until Friday afternoon. Depending on the weather and breakdowns I don't get a lot of heads up sometimes. It is one of the first farms I plant, so if you get a good day I would suggest doing it sooner than later in the spring. I will try to call though. What is your cell number? Zach ________________________________________ From: Dan Aastrup <dan@riwma.net> Sent: Monday, September 12, 2016 1:00 PM To: 'Zach Knutson'; 'Miller, David [DNR]' Subject: RE: IDNR Zack - Per Mr. Millers suggestions I now have a separate column on my litter picking log [ which I do daily} for your Aunts farm. I will continue to do litter removal as has been done in the past. My priority is to do the ground that will be planted to corn first as there is no need to work future bean ground before the corn is planted. I will put up a taller fence if the adjoining land owners will pay for their half, however since I am at the Landfill daily I know that no fence will stop the litter. We have 25' tall trees [the ones that haven't been killed by weed spray] that don't stop the litter and we also have 12 movable wind fences that are 14" high that don't stop all the litter. We have never been in your Aunts fields when the conditions were not right and we won't start now. If you call the coop for spraying then you know when you are going to be in the field and you can let me know at the same time. Dan DAVID MILLER
8/22/2016 From: Zach Knutson [mailto:zachknutson@hotmail.com] Sent: Friday, August 19, 2016 12:01 PM To: Dan Aastrup Subject: Re: IDNR Dan, I talked to David Miller and he is willing to get involved, but would like us to work it out if possible. I told him I will try to do that with you. First of all, you cannot go onto someone's property and make ruts when it's muddy and run over crop. That is destruction of property and would fall under a whole different set of rules. The strong NW winds in the late fall through winter affect my aunt's farm and the other farms east and south of the landfill worse than the other neighboring farms. Building a taller woven-type fence with barb wire at the top along the east and south boundary would stop a lot of the blowing trash. It would make it easier to collect the trash and then collection would happen on your side of fence. At the very least it would show the landfill is trying to proactively improve the situation as you state you are doing below. When it comes to picking up trash on my aunt's farm this is what I would like you to do - (continued below) DAVID MILLER
8/22/2016 (continued from above) I live 50 miles away from this farm and so I don't inspect it every week. The coop is usually the first in the field with fertilizer or spray and I don't always know a couple days ahead of time when they will apply. Since the landfill is the cause of the issue I would like you to be proactive. You state below that you are already watching the fields. I would like you to continue monitoring the farm (from the vantage point of the road and/or your side of the fenceline). If there is trash out there and if you believe the soil conditions are OK to go out on the field then give me a call or text and I'll confirm it is OK to do so. If other farmers or the coop are in the fields then assume I won't be far behind. Since the field is no-till I would like you to use light-weight utility vehicles like a ranger or gator or on foot, not a truck, tractor, or endloader because I don't want the compaction. Is this plan of action agreeable to you? Zach DAVID MILLER
8/15/2016 Complainant Zach Knutson called back on 15AUG16 and said that Dan Aastrup had emailed him, stating that the DNR didn’t want to get involved. He wanted to know if that was what was actually said. I stated that I had suggested to Mr. Aastrup that DNR had little power to resolve this issue because we couldn’t make Mr. Aastrup pick the litter if Mr. Knutson didn’t allow access to the field, so the resolution of the issue would have to be an agreement between the two parties regarding what dates of the year litter can be picked. Mr. Knutson stated that he understood and would try to reach an agreement with Mr. Aastrup by telling him to be proactive. I recommended that he be more specific and try to come up with prescribed periods of time when Mr. Aastrup could and could not pick the litter. DAVID MILLER
6/23/2016 I called landfill manager Dan Aastrup and we discussed this complaint. I reminded him that 567 IAC 113.8(3) required him to pick up all offsite litter every day, but he said he couldn’t comply if the landowner didn’t allow access. He indicated that had long term an arrangement with the previous landowner who didn’t want them in the field during the growing season, but the landowner would give the landfill a week notice and they would get the litter cleaned out prior to harvest. The new owner showed up one Saturday to harvest last fall and wanted immediate litter removal, which resulted in some friction. I noted that 567 IAC 113 acknowledges that landfills will have windblown litter, but the complainant wanted DNR to make the landfill prevent the litter getting into the field, which was likely infeasible. I also noted that DNR could not make the landfill pick the litter every day if the landowner wouldn’t grant access to the field during the growing season, therefore DNR had little power to remedy this situation. I suggested that Dan approach the new owner and cooperatively work out an arrangement that could work for both parties. I suggested that if an arrangement could not be reached, the issue might escalate out of DNR’s hands and become a property damage claim. I asked him to call me with an update in 2 weeks time. DAVID MILLER

Compliance Tracking
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