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For immediate release – Wednesday, February 3, 2010.
Contact Bob Brammer – 515-281-6699 or rbrammer@ag.state.ia.us.

State Files Lawsuit to Enforce Manure Management Plan Requirements

The Attorney General alleges that large animal feeding operations in Kossuth and Palo Alto Counties failed to submit required manure management plans.

Des Moines. The Attorney General’s Office filed a lawsuit Wednesday against two north-central Iowa companies alleging they failed to submit or comply with required “manure management plans” for their operations, which include 8 large confinement animal feeding hog operations in Kossuth and Palo Alto Counties. [Go to lawsuit petition filed Feb. 3, 2010.]

The lawsuits allege violations by General Development LC, and Kollasch Land and Livestock Inc., both of Whittemore. General Development and Kollasch each own and operate four hog confinement facilities, two in Kossuth and six in Palo Alto County. Together, the facilities have a capacity of over 23,000 swine.

“Manure management plans are required in order to show that operations have adequate land for application of manure produced by the animals,” said Attorney General Tom Miller. “The plans are an important tool to protect the environment -- and the great majority of operations comply with the rules.”

The lawsuits allege the companies failed to submit, or timely submit, required manure management plans and applicable fees for two or more years -- despite numerous reminders from the Iowa Department of Natural Resources (DNR). [See more details below.]

Manure management plan requirements apply to all animal feeding operations, except small animal feeding operations. The Iowa Environmental Protection Commission refers matters to the Attorney General for judicial enforcement when DNR administrative enforcement efforts have not succeeded.

The lawsuit, which was filed in Kossuth County District Court, asks the court to assess civil penalties up to $5,000 per day per violation, and to prohibit further violations.


“The vast majority of animal feeding operations are in compliance with manure management plan requirements,” Miller said. “Manure management plans play a key role in protecting Iowa’s streams and environment. It’s just something operations are required to do as a condition of operating in Iowa.”

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More background and detail:


General Development, LC, and Kollasch Land and Livestock, Inc., both of Whittemore in Kossuth County, each own and operate four hog confinement facilities, two in Kossuth and six in Palo Alto County. General Development and Kollasch Land and Livestock are distinct companies operated by two brothers, Charles and Luke Kollasch. Despite numerous reminders from the DNR, both companies have failed to submit or timely submit required updated manure management plans and applicable fees for 2008 and/or 2009 for each of their facilities.

General Development, L.C., is alleged to have failed to submit or timely submit an updated manure management plan for each of four hog confinement operations in Kossuth or Palo Alto Counties:

Whittemore North Site (Kossuth County) - 3300 head finishing operation; no MMP for 2009.
Whittemore South Site (Palo Alto County) - 3300 head finishing operation; MMP for 2009 submitted five months late.
Cylinder 4 Site (Palo Alto County) - 4000 head finishing operation; no MMP for 2009.
Cylinder 5 Site (Palo Alto County) - 4450 head finishing operation; no MMP for 2009.

Kollasch Land and Livestock, Inc., is alleged to have failed to submit or timely submit an updated manure management plan for each of four hog confinement operations in Kossuth or Palo Alto Counties:

Algona Nursery Site (Kossuth County) - 6000 head nursery operation; MMP for 2009 submitted eight months late.
Kollasch Hawkeye Woods Site (Palo Alto County) - 3600 head wean to finish operation; MMP for 2008 submitted four months late.
Kollasch Land O’Lakes Site (Palo Alto County) - 1038 gestating sows, 192 sows and litters, 64 boars, and 3640 nursery pigs operation; no MMP for 2009.
Kollasch Home Site (Palo Alto County) - 2400 head finishing operation and 1200 head nursery pigs operation; no MMP for 2009.

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