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January 12 2010 18:00

Surfside Resort Developer in Tofte Penalized for Alleged Stormwater Permit Violations

Contact: Anne Perry Moore, 218-302-6605 Duluth, Minn. -- The Minnesota Pollution Control Agency (MPCA) and Surfside Development LLC of Tofte, Minn., reached an agreement that resolved the company's alleged failure to obtain and follow the environmental permit requirements related to its Tofte development project. As a result, the company will pay a $14,250 penalty and has already performed other requirements to limit erosion at the site.

Surfside Development failed to obtain a stormwater permit prior to starting construction near Lake Superior in August 2006. Between the permit's date of issuance and September 2007, Cook County Office of Planning and Zoning staff, working under a joint powers agreement with the MPCA, conducted seven site inspections and found various problems involving temporary and permanent construction-related erosion and sediment controls, and a failure to maintain a buffer zone at least 100 feet from the Lake Superior shoreline.

Minnesota law requires businesses and contractors to apply for a stormwater permit when construction projects disturb more than one acre of soil. The MPCA offers outreach and training to help facilities meet their permit requirements. For more information on stormwater permits, call Lisa Woog, MPCA compliance coordinator, at 218-316-3891 or toll-free at 1-800-657-3864.

A stipulation agreement such as this is one of the tools used to achieve 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, go to the agency Web site at www.pca.state.mn.us/newscenter/enforcement.html.