Dakota Country Cheese failed to provide the necessary wastewater information by the deadline set by the city of Mandan last week, but sympathetic commissioners provided owner Mark Johnson an extension to come into compliance with city ordinance.

At Tuesday's commission meeting, city administrator Jim Neubauer said Johnson had dropped off several items by the Monday deadline. But after examination by wastewater laboratory technician Daryn Gullickson, a few discrepancies were found, and Dakota Country Cheese was determined non-compliant.

The company has rolled up fines of $4,650 for failing to provide the proper paper work for 93 days, fined at a rate of $50 per day. The commission had offered to forgive the penalty if the required paperwork was turned in by the deadline. If found non-compliant, the city could have called for Johnson to pay the fines and raise the penalty to $500 a day until the conditions of the city ordinance were met.

Wastewater plant manager Steve Himmelspach, who was out of state, recommended that the fines be imposed because Dakota Country Cheese had ample time to comply and Johnson has a history of not responding to city inquiries, Gullickson told the commission.

Commissioner Dan Ulmer said the city has had similar problems with the facility in the past. Ulmer added he had no problem imposing the fine or closing down the company, if it can't come into compliance. Johnson clarified that while his father started the business, he did sell it, and the past problems were under different ownership, as he had just recently bought the company.

"I tend to go along with Dan (Ulmer), but I know that with a family-run business, it's tough to make ends meet, especially when you have an 800-pound gorilla like the city on your back," Commissioner Tim Helbling said. "I'd like to see us impose the fine and provide the opportunity for Dakota Country to get it back. If they can come into compliance by the next meeting, we could give it back. I think they've shown some effort; granted, not what we needed."

"Do we let all the family-owned businesses off the hook? No," Mayor Ken LaMont said. "I feel we should continue to impose the $50 fine until May 20. If they're not compliant at that time, we'll have to deal with it."

Neubauer suggested that the city collect the fine and, if Dakota Country Cheese is compliant by May 20, the city return a portion of the penalty each month the company remains compliant on the company's utility billing.

City attorney Malcolm Brown said he had no problem with imposing the fine or even rebating the money over a period of time. But if any new violations are committed, the company will be entitled to another hearing, Brown said.

Ulmer made the motion, which was approved by commissioners, to impose the fine on May 20, with an additional $50 a day for each day Dakota Country Cheese remained non-compliant. On May 20, the commission will decide what it will do with the fines paid.

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