With fines of more than $4,300 piling up over the past 93 days, Mandan's Dakota Country Cheese Inc. has until Tuesday to rectify the matter or face $500 daily fines.

Dakota Country Cheese's owner-operator Mark Johnson appeared at the Mandan City Commission meeting this week explaining he had been negligent in providing the necessary paperwork, putting him in violation of the company's industrial discharge permit.

Wastewater plant superintendent Steve Himmelspach explained that while the company wasn't discharging anything affecting the wastewater plant, the Environmental Protection Agency does require certain reports be filed and the city is obligated by ordinance to make sure they are.

"If we don't enforce our ordinances we're in violation of our program with the EPA," city attorney Malcolm Brown said.

Himmelspach said many attempts to communicate with Johnson had been attempted, but they largely had been ignored.

"We've been more than nice. We've tried to work with them as much as we can, but it doesn't appear like they're putting a lot of effort into this," Himmelspach said.

Johnson said the city and Himmelspach have been more than patient with Dakota Country Cheese's situation.

"I'm not good at paperwork. I don't have the luxury to handle the paperwork and have someone else run the operation," Johnson said. "I have hired an outside firm to handle the paperwork. I know it's a day late and a dollar short. I apologize. This is where it's at."

"A lot of us are not good at paperwork," Mayor Ken LaMont said. "After looking at the documentation, I have to ask how come you didn't respond? Either by letter or verbally? You just haven't responded. The impression is the city is getting totally ignored."

Johnson said to a certain degree he had ignored the city's request. He added that the company reached a certain point in production allowing him to hire outside help.

"We will get better at what we do," Johnson said.

Commissioner Jerome Gangl asked when the city might see the necessary paperwork and Johnson said it was almost in place. He added that the city should have something by Monday, the day before the commission's next meeting.

Brown suggested that the commission could table the issue until next week and impose the fine should Johnson remain in noncompliance.

The city attorney added the city could suspend the fine if Johnson does comply. LaMont concurred saying he liked the idea of imposing the fine and if things were in place by the next meeting the commission could forgive the fine.

Commissioner Tim Helbling made the motion that Dakota Country Cheese has until Monday to provide all documentation and if it didn't the fines would go up to $500 daily and the city would impose the current fines. The motion was approved unanimously.

(Reach reporter Gordon Weixel at 701-250-8255 or gordon.weixel@bismarcktribune.com.)