Minnesota Pollution Control Agency

Contacts: Dan McLean, 651-297-1607 Saint Paul, Minn. -- Property developer Sienna Corporation has agreed to pay a $37,500 penalty to resolve alleged violations of stormwater regulations at its "Hunter's Crest" residential development in Minnetrista, Minn. In addition to paying the civil penalty, Sienna Corporation has agreed to repair environmental damages on the 48-acre site. Sienna Corporation applied for and received a stormwater permit in August 2003, prior to beginning work on the development. In September 2005, at the request of Minnehaha Creek Watershed District, Minnesota Pollution Control Agency (MPCA) staff inspected the site and found unstabilized dirt slopes on 52 building sites in the development. Sediment from these sites piled up several inches thick in stormwater ponds, ditches, storm-sewer pipes and in the curb along one of the new roads. Sediment caused localized flooding of private vehicles and damaged a canary-grass wetland. Sienna Corporation failed to stabilize ditch slopes, causing sediment to flow into a pond and nearby wetlands where it has the potential to cause significant environmental harm, including the loss of wildlife habitat. Sienna Corporation failed to remove the sediment from the wetland within seven days of its discovery, as required by its permit, and as of March 20, 2007, the sediment remained in the wetland. In addition, Sienna Corporation failed to reinstall sediment and erosion controls it removed to make way for construction of a community sidewalk. A heavy rain in September 2005 caused large amounts of sediment to erode the curb and gutter system. Three months later, the controls were still not reinstalled. Sediment and other pollutants associated with stormwater can degrade the quality of streams, lakes and rivers. The MPCA offers training and educational materials to developers, contractors and others so that they understand and can abide by stormwater regulations. More information about how the MPCA protects water resources from the problems associated with stormwater is available at www.pca.state.mn.us/water/stormwater/index.html. Levying penalties and fines is one of the MPCA's many tools used to encourage compliance with environmental laws. When calculating penalties, the MPCA takes 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. It also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.