Iowa judge orders demanufacturing facility to pay fines

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By Charlotte Eby | Thursday, August 28, 2008 1:58 PM CDT | () comments

DES MOINES — A judge has ordered the owners of an appliance demanufacturing facility in Lyon County to pay $88,000 for environmental violations.

The Iowa Attorney General’s Office filed a lawsuit last year alleging violations by Harold and Sharon DeVos at their facility in the unincorporated town of Edna, near Rock Rapids.

Appliance demanufacturers typically dispose of the components of appliances and sell the scrap metal.

The lawsuit against the DeVoses alleged the open burning of solid waste, the failure to clean up illegally dumped solid waste, the demanufacturing of appliances without a permit, failure to obtain a stormwater discharge permit as well as other violations.

District Judge Jeffrey Neary noted the handling of the appliances caused mercury and PCBs to be released into the environment. Neary found the DeVoses continued to be out of compliance with state regulations, even after a court order.

Neary also noted that when Department of Natural Resources agents went to the property to take photographs for evidence, Harold DeVos went into his home and returned with a rifle, telling them to leave.

“The displays of force, the obstruction of state officials, the non-compliance of court and DNR orders, and the obvious disregard for the people and environment of the state of Iowa all weigh heavily against the defendants,” Neary wrote in his ruling.

He noted that $7 million in penalties could have been assessed.

Iowa Attorney General Tom Miller called Neary’s ruling thoughtful and appropriate.

“It underscores the importance of following the rules in order to protect the environment and protect people,” Miller said in a statement.

Harold DeVos could not immediately be reached for comment Thursday.

Charlotte Eby can be contacted at (515) 243-0138 or chareby@aol.com.