EPA asked to continue monitoring Walz Energy
A group of Clayton County residents, along with organizations and legislators from around the state, is urging the U.S. Environmental Protection Agency (EPA) to continue monitoring the Walz Energy facility, following a decision last month by the state’s Environmental Protection Commission (EPC) not to refer the 10,000-head cattle feedlot and biogas operation under construction outside Monona to the state attorney general’s office for ongoing violations. (NIT file photo)
By Audrey Posten, North Iowa Times
A group of Clayton County residents, along with organizations and legislators from around the state, is urging the U.S. Environmental Protection Agency (EPA) to continue monitoring the Walz Energy facility, following a decision last month by the state’s Environmental Protection Commission (EPC) not to refer the 10,000-head cattle feedlot and biogas operation under construction outside Monona to the state attorney general’s office for ongoing violations.
In a letter addressed to Region 7 EPA Administrator Jim Gulliford, the group shared concerns about the potential short-term hazards of construction activities, as well as the long-term threats of the manure from 10,000 head of cattle, on the quality of Bloody Run Creek, an Outstanding Iowa Water, and to the groundwater in a karst region.
“The state and county also have invested hundreds of thousands of dollars in public recreation and wildlife lands along Bloody Run,” the letter noted.
The Iowa Department of Natural Resources (DNR) declared its intent to seek judicial enforcement in late May, citing three separate infractions at the Walz Energy site, including multiple illegal discharges to a water of the state (Bloody Run Creek) and violations of Walz’s National Pollutant Discharge Elimination System (NPDES) and wastewater construction permits.
One of those illegal discharges occurred on May 4, nearly two months after the DNR issued a consent order telling Walz Energy to pay not only a $10,000 penalty, but to cease all illegal discharges and comply with all conditions of its NPDES permit.
Violations have been ongoing at the site since October 2017, when the first discharge occurred, stated DNR attorney Carrie Schoenebaum at the EPC’s July 17 meeting in Des Moines. Schoenebaum said the main problem is that few—or inadequate—stabilization or erosion control measures have been taken at the Walz Energy site, leaving soil exposed. At that time, Walz also had yet to pay the $10,000 penalty.
At the EPC meeting, Walz Energy Chief Operating Officer Jon Haman said erosion control measures have been undertaken at the site over the past year, but the weather impacted their success. He noted that additional stabilization or erosion control measures could have done more harm than good.
No work has been completed at the site since last fall, but Haman said he anticipated construction to begin again soon. He expects the project to be finished by the end of this year.
The EPC, which had just five of nine commissioners present at the meeting, did not vote on the issue, after a referral motion died for lack of a second.
“If the IDNR is unable to enforce regulations, and the EPC refuses to take additional steps to assure that Iowa’s waters are adequately protected, we would urge the U.S. Environmental Protection Agency to intervene,” said the letter from the concerned residents and organizations. “We value the health of our waters and watersheds. We must not allow Walz Energy to jeopardize those irreplaceable resources.”
Along with the DNR, the EPA has continued to monitor the Walz Energy site. On June 6, the Region 7 Environmental Sciences and Technology Division completed a compliance evaluation inspection.
In an inspection report, EPA Life Scientist Joe Heafner said a notice of three potential violations was issued to Walz Energy. The first cited a failure to stabilize ground that has not been worked on for more than 21 consecutive calendar days in accordance with the NPDES permit.
“During the inspection, I observed there were large portions of the facility that were not stabilized either temporarily nor permanently,” Heafner said. “I estimated that 50 percent of the disturbed area had not been stabilized in accordance with the NPDES permit and the stormwater pollution prevention plan (SWPPP).”
The second violation noted a failure to require all contractors to sign and acknowledge the SWPPP in accordance with the NPDES permit.
The third potential violation said the process wastewater from the site’s feedstock storage area needs to be managed in a way as to not allow a discharge to occur.
“I observed that the process wastewater from the feedstock storage area drains from the storage area into an earthen basin east of the storage area. At the time of the inspection, I noted that this storage basin was full. I also observed that there was evidence the basin had overflowed in the past,” Heafner said. “The NPDES permit does not allow this non-stormwater discharge to occur, and if process wastewater is discharged to Bloody Run Creek, this would be a violation of the permit and the Clean Water Act.”
In an email sent to EPA officials in late June, Walz Energy’s attorney, Eldon McAfee, said the temporary containment basin for the feed storage area had since been pumped.
Unstabilized areas, he explained, “have continued to be closely monitored to ensure compliance with the no-discharge requirements of the NPDES permit and SWPPP. Walz Energy will provide all contractors and subcontractors performing professional services as identified in the SWPPP with a complete copy of the NPDES permit and SWPPP and require each to acknowledge receipt, in writing, before conducting any professional service at the site.”
