Minnesota Pollution Control Agency

Contact: Stephen Mikkelson, 218-855-5001 Brainerd, Minn. -- Ernest Zelinka, C.L. Preserve LLC, North Pine Aggregate Inc., and the Minnesota Pollution Control Agency have reached an agreement that requires the three parties to pay the MPCA $25,000 for alleged stormwater violations. The violations occurred at a 35-acre housing development construction site near Pine City, Minn. MPCA staff inspections in early 2007 confirmed that construction of the development had begun in June 2005, but a required stormwater permit had not been obtained. In addition, a pollution prevention plan had not been submitted by the developers, the construction site also did not have erosion and sediment controls installed and no plans were in place for permanent stormwater runoff management. These kinds of violations often have significant environmental impacts, mostly due to sediment running into lakes, ponds, rivers and streams. In this case, two ponds within the construction site received substantial sediment, one of which drains directly into nearby Cross Lake, just east of Pine City. The violations will be corrected and the $25,000 civil penalty will be paid over the next six months. 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 contractors meet their permit requirements. For more information on stormwater permits, call Lisa Woog, MPCA compliance coordinator, at 218-855-5017 or toll-free at 1-800-657-3864. 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.