Minnesota Pollution Control Agency

Contact: Dan McLean, 651-297-1607 Toll-free: 1-800-657-3864 St. Paul, Minn. -- The Middle River-Snake River Watershed District, located in far northwestern Minnesota, has agreed to spend $85,480 to repair sediment damage to the Snake River by alleged violations of its construction stormwater permit. The repair project is part of an enforcement agreement in lieu of the district paying a $40,000 civil penalty to the Minnesota Pollution Control Agency (MPCA). The district will complete all repairs by the end of 2008. The Middle River-Snake River Watershed District received a construction stormwater permit for what was known as the Snake River Off-Channel Storage Area in 2002. As part of that project, a temporary diversion channel was dug to empty water from a portion of the Snake River. Between June 26, 2003 and Aug. 15, 2004, water was diverted through this temporary channel during construction of a flood-protection structure in the Snake River. In April 2004, a Department of Natural Resources inspector told the district to make the slopes of this channel more gradual to prevent further sediment erosion, and to notify the MPCA and the U.S. Army Corps of Engineers about sediment flowing to the Snake River. Portions of the river are on Minnesota's list of impaired waters because of too much turbidity, which is generally caused by high levels of sediment. The enforcement agreement alleges that the district did not adequately stabilize the slopes of the channel or notify the MPCA or the Corps of Engineers about problems. The district subsequently failed to produce its sediment control plan and other records to an MPCA inspector. An inspector also reported that as of August 2004, the banks of the channel still did not meet the requirements of the stormwater permit. The channel was closed and backfilled on Aug. 20, 2004. To repair the damage caused by the excessive sediment, the district will repair riverbanks at either end of the diversion channel and restore 10 acres of native-grass plantings along the Snake River within their project limits. The MPCA offers a variety of training and outreach materials to help businesses and other organizations meet their environmental responsibilities. 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. For a comprehensive list of enforcement actions by the MPCA, refer to the agency Web site at www.pca.state.mn.us/newscenter/enforcement.html.