Minnesota Pollution Control Agency

Technical Contact: Katie Koelfgen, 651-297-8506 Media Contact: Nancy Miller, 507-280-3590 Toll-free: 1-800-657-3864 Winona, Minn. -- The Minnesota Pollution Control Agency fined Winona Excavating Company Inc., Michael's Demolition and Recycling Inc. and their principals, David Griffin and Michael Andring, all of the Winona area, $100,000 for violating a court order prohibiting the company from performing demolition work and for submitting numerous false notifications to the MPCA. In April 2002, the operators of Winona Excavating entered into a court-approved settlement of an administrative penalty order for alleged violations involving improper handling and removal of asbestos and failure to remove mercury-containing devices. The operators certified to the Third Judicial District Court that they would no longer perform demolition work. Within days of signing that agreement, the owners created a front company with a name that combines the "MPCA" acronym and an acronym for a common obscenity, and proceeded to do demolition work under the assumed name using Winona Excavating equipment and employees. The MPCA filed a legal complaint to stop the misrepresentations, which included 30 counts consisting of false representation, breach of contract and failure to notify for demolition. Winona Excavating and the MPCA recently reached an agreement to resolve the situation. To reduce the $100,000 penalty, Winona Excavating has completed a Supplemental Environmental Project estimated at approximately $40,000. The SEP involved hauling and disposal of contaminated soil from a residential property built on an abandoned dump site. Winona Excavating (including all subsidiary companies and company officers) also agreed to cease demolition work for a period of one year. In addition, the company will insure that its employees are trained in proper asbestos handling and removal. Once the year has passed and the approved training has taken place, Winona Excavating may return to demolition work. The company will pay the remaining $60,000 of the penalty in installments during the next year. When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it was a first time or repeat violation, whether the violation was intentional and how promptly it was reported to appropriate authorities. It also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws. For a comprehensive list of enforcement actions by the MPCA, visit the agency Web site at hhref="/newscenter/enforcement.html.