City of Waukon files civil citation on Aveka in matter of wastewater treatment agreement violations

The City of Waukon has filed a Municipal Infraction Civil Citation against Aveka Group, Inc., doing business as Aveka Nutra Processing in Waukon, for what is described in Allamakee County District Court documents as 58 violations of the municipal infraction of Noncompliance with Pretreatment Standard or Requirement by an Industrial User. The infraction citation stems from documented continual wastewater discharges from the Aveka facility in northern Waukon that have measured outside of the acceptable 5-10 pH range of acidity and alkalinity as established in the Wastewater Industrial User Agreement between the City of Waukon and Aveka Nutra Processing.

The citation was filed by Waukon Assistant City Attorney Kevin Stinn in Allamakee County District Court Friday, March 5. The noticed was then served on Aveka officials at their headquarters office in Fredericksburg Monday, March 8 by the Chickasaw County Sheriff Department.
According to data provided by Aveka and presented to the Waukon City Council at a March 2 council meeting by Dr. Ed Askew, PhD, a consultant with Askew Scientific Consulting hired by the City of Waukon to assist in the City’s transition from its current wastewater treatment facility to the new one scheduled to be operational in May of this year, Aveka’s pH discharge levels were in violation of the parameters established in its previously mentioned wastewater treatment agreement for 141.93 hours in January 2021 and 93.73 hours in February 2021. At that meeting, Askew noted that Aveka has consistently failed to meet the pH discharge limit requirements specified within that agreement and recommended the City take action immediately to address the problem prior to the new wastewater treatment plant becoming operational, in an effort to prevent wastewater from the Aveka facility with higher levels of acidity or alkilinity from damaging the biological components that will be implemented within the new treatment facility, and also to prevent the Department of Natural Resources (DNR) and Environmental Protection Agency (EPA) from becoming involved in the matter.

Court documents state that the City of Waukon is seeking civil penalties in the amount of $58,000, which is equal to a $1,000 per day penalty for the 58 days (January 2-February 28) of the violation. The $1,000 per day penalty is the maximum allowed by Waukon City Code.
Also being sought in the citation is an agreement with and adherence to a compliance schedule between the City and Aveka, as well as an injunction preventing further violations of the wastewater treatment agreement between the two entities. A date and time of Monday, April 12 at 11 a.m. has been set for Aveka to provide an answer to the citation, either in person or in writing, at the Allamakee County Courthouse in Waukon. Failure to appear will result in judgment in favor of the City of Waukon. Denial of the citation by Aveka will push the matter to a later trial date.

City of Waukon officials were unable to provide any further comment in light of the pending litigation in the matter. Officials from Aveka Group, Inc. did not provide comment or offer any reply following attempts at initial contact by this newspaper this past week.