MONTGOMERY COUNTY, Iowa — A fertilizer spill in the East Nishnabotna River killed nearly every fish in an almost 50 mile stretch of river back in March, recording one of the top five fish kills in Iowa's history.
The initial spill began at NEW Cooperative Inc’s Red Oak Site. Nearly 1,500 tons of liquid nitrogen fertilizer contaminated a drainage ditch and, eventually, the river. It killed almost 750,000 fish.
Months later, the Iowa Department of Natural Resources is pushing for the state’s attorney general to get involved in doling out punishments.
Local 5 sat down with Neil Hamilton, a former law professor and founder of the Agricultural Law Center at Drake University, to better understand how this could impact how the aftermath is handled.
This isn’t the first time Hamilton’s heard about the spill. In fact, not too long ago, he wrote a letter to the director of the Iowa DNR about his concerns.
He said that Iowa DNR’s request signifies how important this situation is.
“The attorney general has a broader array of potential authority as to the penalties. Both civil penalties but also criminal penalties in situations like this," he said.
According to Hamilton, if an investigation indicates negligent violations of water quality standards, the attorney general’s office could implement fines of up to $25,000 a day.
“DNR’s administrative authority is capped at $10,000 per event," he added.
Hamilton said that DNR does, however, have the authority to fine NEW Cooperative Inc based on the value of the fish that were killed: "In this situation, may amount to a couple hundred thousand dollars."
Whatever happens next, Hamilton told Local 5 this is an opportunity to reflect.
“A part of the value of an investigation and enforcement action is it’s also a cautionary lesson for other people," he said. "And it’s also an opportunity for the state to stop and think about are our rules really adequate."
Iowa DNR has not yet made a formal request. Whether or not the request will move forward will be decided at Wednesday’s Environmental Protection Commission meeting.
Earlier this month, Hamilton wrote a letter to the director of Iowa DNR, expressing concern about the situation. The letter emphasized the importance of an investigation and taking appropriate enforcement measures. It encouraged DNR to "pursue all available remedies."
Hamilton told Local 5 that, although a DNR investigation was already announced when he sent the letter, he thought it was important to write due to the significance of the situation. He emphasized the importance of understanding the situation so that another version of this event doesn't happen in the future.
"This is an opportunity for citizens to let the DNR know that we're concerned and watching and hopeful," he said. "... The letter doesn't come from the assumption that they won't or that they're going to slow walk it or that they're going to try to kind of kick it under the rug."
A total of 62 people signed it.
"There are people I think from 18 counties that signed it and there were 60 some folks. Several former legislators, several former DNR employees, a gubernatorial candidate, and a number of residents from kind of the Red Oak, Montgomery County, Page County area," Hamilton elaborated.
You can read the full letter below. Signatures have been redacted since they include personal information.
Hamilton isn't the only one voicing concerns to officials.
In early April, the Sierra Club's Iowa chapter wrote a letter to the EPA Region 7 regional administrator, stating that the incident was a "flagrant violation of the Clean Water Act." The letter encouraged the EPA to be involved in enforcement and also pushed for criminal and civil action to be taken against NEW Cooperative Inc. and its employees.
"The penalties need to be more severe than a simple slap on the wrist," the letter reads in part.
The chapter also expressed skepticism concerning how the state will handle enforcement of penalties.
"With the current Environmental Protection Commission and the state Attorney General, we are not confident that the state will pursue adequate punishment for this egregious violation of the Clean Water Act," they stated.
Local 5 reached out to EPA Region 7 about their involvement in handling the aftermath.
Their media contact provided Local 5 with a list of what their involvement entails:
- EPA Region 7 deployed an on-scene coordinator (OSC) on Monday, March 11.
- The EPA OSC met with the facility manager to learn more about the incident, containment, and removal measures taken by the facility.
- The EPA OSC spoke with representatives from IDNR and offered support for additional water quality assessment, if requested by IDNR.
- On March 14, 2024, EPA coordinated an Incident-Specific Regional Response Team meeting to facilitate communication between the agencies due to multiple states and jurisdictions being involved.
- More than 50 individuals attended from NDEE, MoDNR, IDNR, USFWS, EPA, FBI, and the Agency for Toxic Substances and Disease Registry (ATSDR). EPA has provided response support information to the states and USFWS.
When asked specifically about their involvement in enforcement, the EPA spokesperson declined to comment.
"While the EPA does not comment on ongoing investigations and enforcement, we are closely coordinating with the Iowa Department of Natural Resources regarding this nitrogen spill," he said.