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April 20, 2012

Judge Penalizes Sergeant Bluff Company $25,000 for Dumping Nebraska Bridge Project Waste

(COUNCIL BLUFFS, Iowa) A Pottawattamie County judge ordered a Sergeant Bluff company to pay a $25,000 penalty for illegally dumping and burying dozens of truckloads of solid waste from a Nebraska bridge demolition project.

District Court Judge James Heckerman ordered K & L Custom Farms, Inc., d/b/a K & L Landscape & Construction, Inc. (K & L Landscape), to pay a $25,000 penalty, and ordered the defendants to comply with Iowa’s solid waste disposal laws and regulations.

In a lawsuit filed October 13, 2010, the Iowa Attorney General alleged 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.

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 solid waste, the suit alleges that K & L removed the waste from the borrow pit and then illegally dumped 43 side dump truck loads of the solid waste at the Oak Ridge Company dump site, a rubble dump facility permitted by the City of Council Bluffs. 

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 wastes.

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

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