Thursday, May 23, 2013

State ex rel. Miller v. DeCoster case brief

State ex rel. Miller v. DeCoster case brief
596 N.W.2d 898


CASE SYNOPSIS: Defendant hog confinement operator appealed a judgment from the Iowa District Court for Wright County, which found him in violation of water pollution and animal waste control requirements at hog confinement facilities, under Iowa Code § 455B.186(1) and Iowa Admin. Code r. 567-65.2(7), and that imposed civil fines for such violation, under Iowa Code § 455B.191(1).

FACTS: The court affirmed a finding that defendant hog confinement operator violated Iowa Code § 455B.186(1) by spray-irrigating water and manure in a manner causing infiltration of the state's water supply because it was supported by substantial evidence. The record established that the polluted discharge discovered in the water indirectly flowed from defendant's hog farm. Contrary to defendant's contention, the court was not required to determine whether he intended to introduce waste into the water because he was strictly liable for such introduction. The court also affirmed that defendant violated Iowa Admin. Code r. 567-65.2(7) by failing to apply all manure to the land so as not to pollute the groundwater, because defendant was unable to show that there was no pollution. Evidence demonstrated that surface pollution in the form of pooling occurred after the spray irrigation and that defendant was a substantial factor in exceeding the freeboard limitation of his waste basin. The civil penalties imposed for defendant's environmental violations under Iowa Code § 455B.191(1) were also affirmed where the fines were not so harsh and disproportionate as to constitute an abuse of discretion.

CONCLUSION: The court affirmed the findings that defendant hog confinement operator violated water pollution and animal waste control requirements because they were supported by substantial evidence indicating that defendant's spray-irrigation operation and land application of manure infiltrated the state's water supply. The civil penalties imposed for such violation was affirmed because the fines did not constitute an abuse of discretion.

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