RICEVILLE, IOWA – A Riceville hog lot owner who applied manure to a field that ran off into a pond causing fish to jump from turbid, brown, manure-laden waters, gasping for air, has been slapped with a $4,000 fine.
Trent Linkenmeyer owns and operates an animal feeding operation known as Linkenmeyer Family Feeders. The operation is located at 13601 Bell Avenue, Riceville, Iowa. The operation consists of 3,300 head of confinement swine and 4,000 head of confinement cattle. The operation also receives the effluent from Big Ox Energy’s anaerobic digester. The digester was formerly owned by Linkenmeyer Family Feeders. On September 28, 2016, Theresa Shay, DNR Fisheries Bureau, received a call from Dave Myers. Mr. Myers explained that there had been a fish kill in his farm pond and he thought it had been caused by the land application of manure. Ms. Shay stated that the Fisheries Bureau would handle the fish kill, but that Mr. Myers should contact DNR Field Office 1 to report the discharge. Later in the day, Mr. Myers contacted Michael Siepker, DNR Fisheries Bureau. Mr. Siepker provided the same guidance as Ms. Shay and informed Mr. Myers that the DNR Fisheries Bureau could not conduct the investigation into the cause of the fish kill. Mr. Myers contacted DNR field Office 1 to report the dead and dying fish in his pond. He stated that the water in his pond was very brown and had a manure odor. Mr. Myers stated that Trent Linkenmeyer had recently applied manure about 1/8th of a mile north of the pond. Joe Sanfilippo, DNR Field Office 1 supervisor, contacted Mr. Siepker and asked if the DNR Fisheries Bureau could visit the site and collect water samples.
Mr. Siepker proceeded to Mr. Myers’ pond and met with Mr. Myers to discuss the fish kill. Mr. Myers stated that he observed the land application of manure to a field north of his pond and that he started to observe the fish jumping from the water and gulping for air on the evening of September 27, 2016. He said he also observed dead and dying fish the night of September 27 and during the day on September 28. Mr. Siepker conducted a fish count. The fish kill assessment determined that 113 fish were killed, valued at $91.53. Mr. Siepker found the dead fish in the pond and a small number of dead fish below the pond overflow. Mr. Siepker walked downstream of the pond in the unnamed tributary of the Wapsipinicon River but did not observe additional dead fish.
The total fish and admin cost was $356.70.
On October 3, 2016, Chris Gelner, DNR Field Office 1 environmental specialist, investigated the source of the fish kill. He met with Mr. Myers at his pond. Mr. Gelner observed many dead fish, a strong manure odor, and very turbid conditions in and flowing through the pond. Mr. Gelner conducted a field test of the water at the outlet of the pond, which indicated an elevated level of ammonia. The laboratory sample indicated an ammonia concentration of 3.6 mg/L. Mr. Gelner observed similar conditions at the pond inlet. The field test indicated an elevated level of ammonia. Mr. Gelner continued upstream for about one hundred yards and continued to observe dead fish. Mr. Gelner drove to the nearest road crossing of the unnamed tributary at Bell Avenue. The water was very clear with many live fish. The field test indicated no detection of ammonia and the laboratory sample indicated an ammonia concentration of 0.12 mg/L.
Mr. Gelner noted land application equipment operating in a field owned by Linkenmeyer Family Feeders along the unnamed tributary between Mr. Myers’ pond and Bell Avenue. Mr. Gelner visited the Linkenmeyer Family Feeders operation and spoke to Mr. Linkenmeyer. Mr. Linkenmeyer stated he recently applied waste from the Big Ox Energy digester in accordance with the operation’s manure management plan. Mr. Linkenmeyer stated he started the land application on September 21, 2016, but only applied about 20 acres before stopping due to the rain forecast. The manure was incorporated and the application continued on September 27. Mr. Linkenmeyer also stated that dry manure was applied to the fields on September 19, 2016. Mr. Gelner determined that Mr. Linkenmeyer applied the manure within the application rates provided in the manure management plan. Mr. Linkenmeyer stated Mr. Gelner could walk the unnamed tributary from Bell Avenue to determine if the recent land application may have discharged to the unnamed tributary.
After more field tests, Mr. Gelner reported his findings to Mr. Linkenmeyer who immediately took two loaders to the field to build a berm to stop the discharge from the grassed waterway to the unnamed tributary. At this point, Mr. Linkenmeyer discovered that a sub-surface tile must have blown out causing the pooled water. On October 11, 2016, DNR issued a Notice of Violation letter to Mr. Linkenmeyer for violations documented by the DNR Fisheries Bureau and DNR Field Office 1. The letter informed Mr. Linkenmeyer the violations would be referred for further enforcement.
Due to violations of state code, Mr. Linkenmeyer shall develop a Standard Operating Procedure for the land application of manure from his facility. The Standard Operating Procedure shall include the steps that shall be taken to ensure there is no runoff from the application fields. The Standard Operating Procedure shall be submitted to DNR Field Office 1 for approval within 30 days of the date the Director signs this administrative consent order. Mr. Linkenmeyer shall immediately implement the Standard Operating Procedure upon its approval by the field office; Mr. Linkenmeyer shall at all times apply manure in a manner so as not to be discharged to a water of the state; and Mr. Linkenmeyer shall pay fish restitution and investigative costs in an amount of $356.70 and an administrative penalty in the amount of $4,000.00.
