Judge issues default judgment against Gary Eggers, who failed to comply with previous DNR order or pay $10K penalty over dumped tires
OSAGE – A Mitchell County judge has ordered a Stacyville man who operates an unlicensed salvage yard to pay a $100,000 penalty, on top of a previously unpaid $10,000 penalty, for illegally operating a waste tire collection site and repeatedly dumping tires onto his property and a nearby creek.
In a default judgment filed last week in Mitchell County District Court, District Court Judge James Drew ordered Gary Eggers, 60, to pay the penalty after Eggers failed to respond to a state environmental lawsuit filed in September.
The lawsuit alleged that, since at least 2013, Eggers has illegally stored and dumped waste tires on his property. Since 2013, the Iowa Department of Natural Resources (DNR) has investigated several complaints that Eggers unlawfully disposed of tires, waste tires had washed into a nearby creek and onto a neighboring property, and that Eggers was burning tires.
In 2015, the DNR issued two notices of environmental violations. On August 31, 2015, the DNR issued an administrative order to cease collecting tires, provide documentation of properly disposed-of existing tires, and pay a $10,000 penalty.
Eggers did not comply with the order or pay the penalty. He has allegedly continued to dump tires on his property, and allowed existing tires to wash into a creek and onto a nearby property.
In addition to ordering Eggers to pay the two penalties, the order prohibits Eggers from storing or dumping any additional tires, and requires him to provide proof of properly disposing of existing tires, if they exceed 500, within 60 days. Eggers must also cease salvaging vehicles until he obtains a state vehicle recycler license and proper storm water permit.