Order calls for C6-Zero to pay for Marengo blast cleanup

The Iowa Department of Natural Resources no longer has a deadline by which C6-Zero must clean up a Marengo site damaged in an explosion two months ago, but is requiring the company to pay more than $400,000 for the work.

This is according to a consent order filed Monday morning, hours before C6-Zero was scheduled to be in court facing a lawsuit filed by the Iowa Attorney General.

“The parties agreed to an aggressive performance time frame and substantial financial commitments,” the Iowa DNR said in a statement. “This agreement negated the need for a hearing today, and avoided the inherent delays in waiting for the court to issue a ruling. C6-Zero's failure to comply with these terms will be a violation of the court's order, exposing it to contempt of court, and may trigger U.S. EPA involvement, including site cleanup and cost recovery.”

The consent order, signed by 6th Judicial District Chief Judge Lars Anderson, requires C6-Zero by Thursday to pay EcoSource, a Des Moines-area contractor, $330,000 to start cleanup at the site of a Dec. 8, 2022, fire and explosion. The firm also must put $75,000 into a trust account to “fund assessment and remediation work at the property.” If this fund gets too low, C6-Zero must replenish it.

C6-Zero Consent Order by Gazetteonline on Scribd

C6-Zero has until Feb. 17 to complete the requirements of a site assessment plan the Iowa DNR outlined in an emergency order nearly two months ago. By that date, the company also must give the agency a list of all chemical substances on site, including components of a mysterious solvent owner Howard Brand III was using to attempt to dissolve roofing singles at the facility.

By March 3, the company must submit a remedial action plan.

The consent order doesn’t say when the cleanup must be done, only that C6-Zero must “continue to fully comply with the emergency order until all requirements are satisfied by defendants as determined by the DNR.”

C6-Zero must allow Iowa DNR officials to visit the site with “prior and reasonable notice.” The company has barred state inspectors from the site at least three times in the past year, most recently on Jan. 24.

An explosion Dec. 8 at the facility caused a fire that took Eastern Iowa firefighters 18 hours to extinguish. A dozen people were injured, nearby neighbors were evacuated and the fire left polluted soil and water.

The Iowa DNR announced Monday it would pay private companies, Tetrasolv and Rain for Rent, to treat the contaminated water in a 12-million-gallon stormwater retention basin near the C6-Zero site. This project is expected to take four weeks.

“In order to get work underway as soon as possible, the state is paying for the contract, but will seek reimbursement from C6-Zero,” the Iowa DNR said.

While most of the polluted water is corralled in the basin for now, Marengo this spring will need to release water into the Iowa River, which supplies drinking water to downstream communities including Iowa City.

The Iowa County Drainage District will create a diversion channel to allow snowmelt and rain to flow into the Iowa River, bypassing the stormwater basin, the agency reported. This will prevent the need for additional water treatment inside the basin.

The Iowa Attorney General’s Office filed a lawsuit Jan. 11 against C6-Zero and Brand after the Iowa DNR said the company was late filing a plan for how to clean up the site. The plan also didn’t meet the 45-day deadline set out in the Dec. 15 emergency order.

The U.S. Environmental Protection Agency is investigating C6-Zero’s practices and how the company handled the explosion.

The Iowa County Emergency Management Agency sent a demand order to C6-Zero last month requiring the company to pay more than $600,000 for equipment damaged when area firefighters put out the blaze. The mysterious chemicals used at the site have contaminated clothing and equipment, making it unsafe for future firefighting.

Comments: (319) 339-3157; erin.jordan@thegazette.com