Iowa scrap metal recycler fined for release of toxic materials

SPOKANE (Scrap Monster): An Iowa scrap metal recycling company and its owner has been fined by Lee County District Judge on charges of alleged release of airborne hazardous substances from furnace. A civil penalty of $125,000 was imposed on Fort Madison-based Feinberg Recycling and its owner, Marty Feinberg over an environmental lawsuit filed last year.

District Court Judge John M. Wright, in his order, demanded that the fine must be paid within 30 days. Further, he has ordered to shutdown the secondary aluminum production facility including the sweat furnace owned or possessed by the defendant, such that the facility cannot physically or legally burn fossil fuels. In other words, the operations at the facility must be ceased in accordance with the applicable state and federal requirements. The electrical and gas lines to the facility must be permanently disconnected and stacks must be exhausted, the court ruling stated.

Iowa Attorney General Tom Miller had filed an environmental lawsuit against Feinberg Recycling and its owner, Marty Feinberg in July last year. The lawsuit cited the illegal operation of a sweat furnace at the facility, which releases toxic substances including dioxins and furans, when melting aluminum. According to the lawsuit the metal recycling company had not obtained mandatory permit from regulatory body for operating the equipment. In addition, the company had no mechanism in place to monitor the emission levels.

The lawsuit also alleges violations involving open burning, failure to comply with storm water discharge permit and failure to comply with waste tire storage limits. According to State’s solid waste regulations, an Iowa Department of Transportation (IDOT) authorized vehicle recycler not having waste tire stockpile permit is allowed to store only up to 3,500 passenger tires. Storage beyond this limit requires IDOT permit. Else, the company is required to remove and properly dispose the stacked waste tires.

The Iowa Department of Natural Resources (IDNR) had cited the company for violations in 1994 and 1995, including drainage of waste oil into ground. The company had paid IDNR a sum of $1,000 in settlement of the violations. Later in 2010, the defendant, two of his family members and their then business Feinberg Metals Recycling Corp. were ordered to pay $42,000 for violations regarding illegal de-manufacturing of discarded appliances and improper disposal of hazardous substances. The defendant finished paying the penalty amount on March 31, 2011.

In 2014, IDNR investigation at the facility had cited several violations including solid waste piles, improper handling of non-demanufactured appliances, storage of more than 3,500 waste tires and lack of necessary permit. The inspection team also noticed a warehouse stockpiled with scrap aluminum, containing a sweat furnace. The furnace was vented directly outdoors through the wall and contained no control equipment associated with it. It was found that the furnace emitted hazardous materials capable of causing serious health problems including cancer and developmental diseases.

Established in 1993, Feinberg Recycling is privately held and located in 1510 18th St, Fort Madison.