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October 13, 2010

AG Lawsuit Alleges Sergeant Bluff Company Illegally Dumped Nebraska Bridge Project Waste

(COUNCIL BLUFFS, Iowa)  Attorney General Tom Miller filed a lawsuit Wednesday in Pottawattamie County District Court against a Sergeant Bluff company, accusing the company of illegally dumping and burying solid waste from a Nebraska bridge demolition project.

The lawsuit, filed against K & L Custom Farms, Inc., d/b/a K & L Landscape & Construction, Inc. (K & L Landscape), alleges that K & L illegally dumped and buried 44 side dump truck loads of solid waste at a borrow pit north of the power plant in Council Bluffs, Iowa.

On September 14, 2009, two citizens complained to the Iowa Department of Natural Resources (DNR) that K & L Landscape had illegally dumped materials at a location within Pottawattamie County.  The Iowa DNR investigated and discovered illegally dumped solid waste, which had been buried at the reported site.  After being directed to remove and properly dispose of the waste, the suit alleges that K & L removed it from the borrow pit and then illegally dumped 43 side dump truck loads of solid waste at the Oak Ridge Company dump site, a rubble dump facility permitted by the City of Council Bluffs.

The lawsuit alleges that the solid waste, including plastic conduit, tires, trees, garden hose, rebar, construction debris and wire fencing, was generated as part of the South Omaha Bridge Construction Project, which involved the demolition of Highway 271/L Bridge over the Missouri River and the construction of a new bridge.  K & L had contracted with the Nebraska Department of Roads to haul away and properly dispose of the waste.  The suit seeks civil penalties and injunctive relief.

K & L is an Iowa corporation with a home office located at 1396 220th Street, Sergeant Bluff, Iowa.

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