Iowa Attorney General Sues Scrap Yard over Alleged Environmental Violations

Iowa Attorney General Tom Miller has filed an environmental lawsuit against the owner of a Latimer, Iowa, salvage yard with a history of environmental violations dating back to 2003. According to an AG release, the lawsuit alleges the company committed numerous solid waste, stormwater discharge and hazardous condition violations. The state’s AG also alleges the company failed to comply with state administrative orders.

The lawsuit against Jerry Passehl, owner of The Junkyard, alleges that Passehl violated Iowa stormwater discharge regulations and previous administrative orders. The alleged violations include failing to properly drain or remove fluids from vehicles entering the scrap yard prior to crushing, failing to properly store batteries and failing to immediately clean up spills and notify the Iowa Department of Natural Resources (DNR) of the spills.

The suit also alleges that Passehl violated Iowa solid waste regulations and previous administrative orders. The alleged violations include failing to maintain separate tire piles for “waste tires” and “used tires,” and Passehl failed to provide receipts showing proper disposal of discarded appliances on his property at an approved landfill or recycling center.

The AG adds that during repeated inspections in 2007 and 2009, the DNR observed several appliances on the property that had not been demanufactured, as required by state law.  

Passehl, according to the lawsuit, failed to properly remove and dispose of contaminated soil, an alleged violation of Iowa’s hazardous condition laws. During repeated inspections in 2007 and 2009, the DNR observed numerous oil spills and fluids on Passehl’s property, and confirmed through test results that soil samples contained a significant concentration of motor oil. Passehl also is accused of failing to notify the DNR shortly after the onset or discovery of the hazardous condition.

The lawsuit also alleges that Passehl failed to apply for proper environmental permits, failed to satisfy a $3,000 state penalty, and failed to satisfy numerous permit fees. The suit seeks permanent injunctions, enjoining Passehl from violating state environmental laws and regulations, and standing administrative orders, and to satisfy all penalties and permit fees.

Miller is also requesting additional civil penalties.