Iowa DNR Fines E&M Farms Over Silage Runoff that Killed More Than 2,300 Fish

Act now—your donation to local news ensures a brighter, more informed tomorrow. WINNESHIEK COUNTY, Iowa — The Iowa Department of Natural Resources has fined E&M Farms and ordered operational changes after a September 2024 silage runoff from its dairy facility caused a fish kill in Dry Branch Creek spanning more than two miles and violating state water quality laws. According to an administrative consent order issued by the DNR and signed by property owners Roger and Joan Egeland and Dale and Marcia Monroe, the runoff discharged pollutants from E&M Farms' operation near Ossian, Iowa, including from a pipe that emptied dark, odorous, ammonia-laden liquid directly into the creek. The incident led to the death of 2,382 fish and prompted the DNR to require the owners to pay $2,088.62 in fish restitution and investigative costs.The farm must also pay a $7,000 administrative penalty, but the state is allowing part of that fine to be redirected to a Supplemental Environmental Project (SEP) benefiting Winneshiek County. Under the terms of the agreement, E&M Farms will pay $1,750 directly to the DNR and make a separate $5,250 payment to the Winneshiek County Conservation Board in lieu of the remainder. The SEP component is not unique to Winneshiek County, it is a standard enforcement tool the DNR can apply in any county when appropriate. SEPs allow violators to offset part of a penalty by funding a project that provides a direct environmental benefit to the affected community. The DNR cited violations of state law, including unauthorized pollutant discharges and failure to meet water quality standards. Lab tests showed ammonia nitrogen concentrations in the discharge pipe as high as 340 mg/L, far above the upstream concentration of less than 0.05 mg/L. The fish kill was first reported on September 18, 2024, when a Fayette County sheriff's deputy contacted DNR officials after receiving a tip about gray sludge being pumped into the creek. Field staff observed discolored, foamy water with a strong odor and both gasping and dead fish. Investigators traced the source upstream to the E&M Farms facility, which housed more than 600 dairy cattle and approximately 75 calves and heifers. They discovered runoff from silage piles and a manmade drainage system designed to divert rainwater was instead conveying silage leachate, a pollutant-rich liquid, into the creek. DNR staff collected water samples upstream, downstream, and directly from the discharge pipe. The post-discharge sample showed a significant rise in ammonia concentration to 7.7 mg/L. Fisheries Bureau staff later determined the kill extended 2.6 miles downstream and used a methodology tailored for limited access terrain to estimate the number and value of fish lost. During the inspection, Roger Egeland initially expressed doubt that his facility was responsible for the pollution but agreed to stop the discharge after consulting with a specialist. He told DNR officials the leachate would soon subside on its own, and temporarily began using sawdust to soak up the runoff before shifting to digging holes to collect the liquid. A longer-term plan involves constructing holding tanks. The consent order requires E&M Farms to submit and implement a runoff management plan that permanently removes the discharge system and outlines how silage and other farm runoff will be handled. The plan must be submitted within 30 days of the order's signing and take effect immediately upon DNR approval. The DNR assessed the $7,000 penalty based on economic benefit, environmental harm and culpability, noting the farm delayed expenses for proper runoff management and failed to prevent a discharge that damaged aquatic life. E&M Farms did not admit wrongdoing as part of the settlement but agreed to the terms and waived its right to appeal. The order warns that failure to comply could result in further penalties or legal action. Stay informed, stay inspired! Newsletter sign up is free and join hundreds of free subscribers who rely on DecorahNews.com for trusted information and fresh perspectives.