Minnesota Pollution Control Agency

Media Contact: Anne Perry Moore, 218-723-2356 Technical Contact: John Thomas, 218-723-4928 Toll-free (all staff, voice and TTY): 800-657-3864 Duluth, Minn. -- Cliffs Erie LLC recently agreed to pay $56,000 to the Minnesota Pollution Control Agency (MPCA) for alleged water quality permit and state rule violations at its Taconite Harbor, Minn. taconite pellet shipping facility. Cliffs Erie operates the taconite shipping facility and a nearby closed coal-ash landfill. The company's state water quality permit authorizes it to transfer water containing coal-ash sediment, known as "leachate," from the closed landfill to a clay-lined pond near the shipping dock. The permit also allows Cliffs Erie to spray leachate onto the taconite pellets to control dust during pellet loading and unloading. Leachate running off the pellets is collected and recycled back into the pond. On Sept. 9, 2004, Cliffs Erie told the MPCA that leachate had leaked through the pond's liner into a ditch that drains to Lake Superior. By the next day, the company estimated that one million gallons of leachate had leaked from the pond. As a result, the unauthorized coal-ash leachate discharge exceeded state water quality standards for concentrations of boron and total dissolved solids. In addition to paying the penalty, Cliffs Erie is prohibited from using the clay-lined pond until an MPCA-approved liner is installed. Cliffs Erie is jointly responsible for the facility's state water quality permit with Allete Inc., doing business as Minnesota Power. Minnesota Power operates a coal-fired steam electric generating plant adjacent to the Cliffs Erie shipping facility. Though the companies have separate operations and land ownership and management responsibilities, they share state water permit compliance liabilities as co-permittees. Due to the permit violations, only Cliffs Erie was required to pay a civil penalty and make corrective actions. When calculating penalties, MPCA staff take into account how seriously the violation affected the environment, whether it is a first time or repeat violation, and how promptly the violation was reported to appropriate authorities. Staff also attempt to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner. For a comprehensive list of enforcement actions by the MPCA, visit the agency's Web site at Quarterly Summary of Enforcement Actions Citizens can report suspected pollution problems by calling 1-800-657-3864 or visiting the MPCA Web site at Citizen Complaints - MPCA Incident Management