Minnesota Pollution Control Agency

Contact: Mark Sulzbach, 651-757-2770 St. Paul, Minn. -- The city of Belle Plaine and Heselton Construction, a Faribault company, have agreed to pay a $25,000 civil penalty to the Minnesota Pollution Control Agency (MPCA) for alleged violations of construction stormwater rules during the construction of a sanitary sewer extension near Trunk Highway 25, just north of Belle Plaine. The MPCA inspected the project on March 20, 2008, and observed that soil had been placed over an intermittent stormwater channel west of Trunk Highway 25. No efforts had been made to minimize the sediment discharge from the channel. The MPCA also documented the placement of fill material into Brewery Creek, to create a temporary crossing for construction vehicles. In both locations, the MPCA observed a shortage of required barriers to control sediment discharge. During an inspection on March 24, 2008, the MPCA observed fill material in Brewery Creek over two stretches totaling about 350 feet at a location east of Rustic Trail. The water flow from Brewery Creek was diverted into an unlined temporary channel. Further inspection revealed two additional temporary crossings for construction vehicles at locations east of Rustic Trail. The crossings were not constructed of appropriate material or in a stable manner to prevent discharge of sediment. The MPCA again noticed the lack of required barriers to keep sediment from entering Brewery Creek. All temporary corrective actions relating to ongoing construction activities were verified by the MPCA on April 24, 2008. Following completion of the construction project, gravel and fill were removed and vegetation was restored in the impacted sections to reconstruct Brewery Creek to the specifications of the Minnesota Department of Natural Resources Fish and Wildlife Division. When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it was 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. For a comprehensive list of enforcement actions by the MPCA, visit the agency's Web site at/newscenter/enforcement.html. The MPCA offers outreach and training to help businesses and municipalities comply with stormwater regulations. For more information on stormwater permits and water quality regulations, visit the agency's Web site at http://www.pca.state.mn.us.