Dakota Country Cheese did comply with the Mandan City Commission's order to provide the necessary information as required by city waste water ordinance, but the issue is far from over.

At Tuesday's commission meeting, wastewater plant manager Steve Himmelspach reported that all the required information had been delivered about a half hour prior to the meeting.

Dakota Country Cheese had rolled up a fine of $5,700 based on a $50-a-day fine for every day they were out of compliance through a total of 114 days.

"We have to do a follow-up inspection, but I'm confident there will be other items that will have to be addressed. We will have a whole new situation," Himmelspach said.

At the last meeting of the commission, it was decided that, should Dakota Country come into compliance, the city would still impose the fine but rebate it back to the company at a rate of one-sixth the fine for every month Dakota Country remained in compliance over a six-month period.

But Himmelspach provided an alternative for the commission to consider. He said that after looking over the paperwork provided by Dakota Country, there would be "stuff" that will have to be considered.

"I'd like to see the money used for upgrades at the facility. They would have to agree to stay in compliance," Himmelspach said. "They could use the money for additional upgrades, because there are definitely additional items that have to be addressed."

Commission Dan Ulmer said he believed the company should first pay the fine. As the upgrades are made as approved by the wastewater department, the city would reimburse the cost of the improvements.

Commissioner Tim Helbling said he was hesitant to implement the strategy because Dakota Country Cheese owner and operator Mark Johnson wasn't on hand to hear the discussion.

Mayor Ken LaMont said he thought Himmelspach's suggest was of more benefit to Dakota Country Cheese than what the commission had previously considered.

The city wasn't required to rebate the fine, City Attorney Malcolm Brown said.

If Dakota Country was unable to pay the fine, Helbling questioned what the city's recourse was. Brown said that the city can turn off the plant's water. Assistant city administrator Phyllis Hager said that Dakota Country has a monthly water bill over $9,000.

City administrator Jim Neubauer recommended that the commission give Dakota Country five to ten days to pay the fine or shut off the water. He added that the city impose the fine and rebate it as improvements are made to the plant.

Ulmer made the motion giving Dakota Country Cheese seven days to pay the fine or risk having its water turned off. Included in the motion was for Himmelspach and Brown to come up with a structured rebate based on improvements made to the plant as approved by the wastewater department.

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