EPA v. MIKKEL & JANET MANDT D/B/A FIBERDYNE/FLUIDYNE, CEDAR FALLS,I

Case summary

ON MAY 10, 1996, EPA PLANS TO OBTAIN SEARCH WARRANTS FROM JUDGE MALLOY, FEDERAL DISTRICT JUDGE IN THE NORTHERN DISTRICT OF IOWA, CEDAR RAPIDS DIVISION, TO CONDUCT RCRA COMPLIANCE INSPECTIONS AT THE FIBERDYNE/FLUIDYNE FACILITIES IN CEDAR FALLS AND NEW HARTFORD, IOWA. EPA PLANS TO SERVE THE WARRANTS ON MONDAY, MAY 13, 1996. EPA HAD TO OBTAIN THE SEARCH WARRANTS BECAUSE PRIOR ATTEMPTS TO CONDUCT RCRA INSPECTIONS AT THE FACILITIES HAD BEEN UNSUCCESSFUL AS THE FACILITY OWNER DENIED ACCESS. EPA WILL BE OBTAINING THE WARRANTS USING THE JOINT AUTHORITY OF RCRA AND CERCLA. EPA HAS RECEIVED INFORMATION FROM CONFIDENTIAL SOURCES THAT THE FACILITY ROUTINELY TREATS SPENT ACETONE AND OTHER SOLVENTS THROUGH EVAPORATION ON SITE. THE FACILITY ALSO REPORTEDLY HAS BEEN STORING WASTE ON SITE IN DRUMS FOR SEVERAL YEARS, AND IS ILLEGALLY OPERATING A LANDFILL ON SITE. THE FACILITY DOES NOT HAVE A PERMIT TO TREAT, STORE, AND DISPOSE OF HAZARDOUS WASTE. THESE ALLEGATIONS WILL BE INVESTIGATED AT THE TIME OF THE RCRA COMPLIANCE INSPECTION AT EACH OF THE TWO FACILITIES. THE EPA RCRA PROGRAM HAS HIRED CONTRACTORS TO CONDUCT EXCAVATION OF THE BURIED DRUMS, AS WELL AS SAMPLING OF THE BURIED AND ABOVE-GROUND WASTE. SAMPLING IS ALSO EXPECTED TO INCLUDE WASTE STREAMS GENERATED IN THE FIBERGLASS MANUFACTURING PROCESS. THE INSPECTION MAY TAKE ONE WEEK OR LONGER TO COMPLETE. ANALYTICAL RESULTS AND INSPECTION REPORTS WILL NOT BE AVAILABLE FOR SEVERAL MONTHS.

Defendants (4)

• FIBERDYNE, INC.Named in complaintNamed in settlement
• FLUIDYNE CORP.Named in complaintNamed in settlement
• JANET MANDTNamed in complaintNamed in settlement
• MIKKEL MANDTNamed in complaintNamed in settlement

Facilities (2)

• FIBERDYNE INCORPORATED

  29582 HIGHWAY 57, NEW HARTFORD, IA, 50660

  Registry ID: 110000916830

• FIBERDYNE INCORPORATED

  2816 W FIRST ST, CEDAR FALLS, IA, 50613

  Registry ID: 110000612070

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• MIKKEL & JANET MANDT A/B/A FIBERDYNE/FLUIDYNEentered 1996-05-22

  Primary law: CERCLA

Timeline (8 milestones)

• 1996-05-01Referred To Dept Of Justice
• 1996-05-01Referred TO U.S. Attorney
• 1996-05-01Enforcement Action Data Entered
• 1996-05-10Complaint Filed With Court
• 1996-05-10Final Order Lodged
• 1996-05-22Final Order Entered
• 1996-05-31Concluded
• 1996-05-31Enforcement Action Closed