Missouri weighing penalties against Iowa co-op whose spill killed at least 750,000 fish
With penalties pending in Iowa, NEW Cooperative also faces enforcement in Missouri as the state investigates the company’s large nitrogen fertilizer spill in Red Oak that flowed downstream for 50 miles, killing at least 750,000 fish before crossing the border.
The Missouri Department of Natural Resources last month notified Fort Dodge-based NEW that its investigation found “serious and significant violations” and that it had referred the case to the state’s water protection compliance and enforcement section for further action.
The Iowa Department of Natural Resources, meanwhile, has recommended the state attorney general take over enforcement action in Iowa, opening the door to tougher penalties against the farmer-owned cooperative. The DNR can refer enforcement to the attorney general's office when a violation is severe enough to warrant exceeding its $10,000 cap on fines.
On March 11, NEW Cooperative notified the Iowa DNR that a valve connected to a 500,000-gallon nitrogen fertilizer tank at the co-op's Red Oak location had been left open over a weekend, releasing about 265,000 gallons of liquid fertilizer into a stormwater drainage ditch that flows into the East Nishnabotna River.
The spill eventually reached the Nishnabotna River, which crosses the Missouri border before reaching the Missouri River. The agency said the fertilizer killed 749,242 fish in Iowa.
NEW Cooperative declined to comment on the Iowa referral this week, but provided an internal employee memo, saying the business "moved rapidly" to contain and clean up the spill and is cooperating with state and federal officials, including the U.S. Environmental Protection Agency.
"There are regulatory agencies, special interest groups, and concerned citizens who are involved and actively sharing their viewpoint. We hear their concerns and are equally disappointed about the accidental discharge," wrote Dan Dix, NEW's general manager.
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The U.S. Environmental Protection Agency's Region 7 office, based in Kansas City, Missouri, said this week it doesn’t comment on ongoing investigations, but noted that it's working with the DNR on the spill.
'Dead fish and fish struggling to breathe' in Missouri
Alerted about the spill via the EPA’s National Response Center March 11, Missouri officials notified drinking water utilities the spill could impact their supply. Over the next two days, Missouri conservation officers took samples from the Nishnabotna River in Atchison County in the state’s northwest corner.
The Missouri investigators reported finding “dead fish and fish struggling to breathe by gasping and taking air gulps from the surface along the shoreline.” The Missouri DNR said ammonia levels were eight times the state’s standard in two of five locations, including the confluence of the Nishnabota and Missouri rivers.
Missouri estimates the spill killed 4,000 fish there.
The Missouri DNR said NEW Cooperative violated one water quality standard and two clean water laws. The state can seek penalties and damages that include the costs of the investigation and river restoration and for the loss of fish and aquatic life. Enforcement requires review and approval by the agency’s director.
The Iowa Environmental Protection Commission is slated to consider referring the state's case to the attorney general at its May 22 meeting in Ottumwa.
Donnelle Eller covers agriculture, the environment and energy for the Register. Reach her at deller@registermedia.com or 515-284-8457.
This article originally appeared on Des Moines Register: Missouri weighs penalties against Iowa farm cooperative behind spill
