Minnesota Pollution Control Agency

Contact: Cathy Rofshus, 507-206-2608 Rochester, Minn. -- Fitzgerald Excavating and Trucking of Goodhue, a company that provides demolition, excavating, tiling and septic-installing services, has reached an agreement with the Minnesota Pollution Control Agency (MPCA) to pay a $10,000 penalty for alleged violations in solid waste and installing on-site sewage-treatment systems. In addition, Fitzgerald will perform a Supplemental Environmental Project costing at least $10,000, which will consist of providing equipment and labor to remove garbage, scrap, tires or other material chosen by Goodhue County, or otherwise providing services that benefit the environment or increase green space. If Fitzgerald fails to complete the project by Dec. 31, 2009, the business must pay an additional $5,000 penalty. Fitzgerald Excavating and Trucking allegedly violated state law in 2008 by operating a solid waste facility without a permit, storing solid waste on the ground, and burning solid waste instead of transporting it to a permitted landfill. In addition, the business allegedly violated state law when installing four on-site sewer systems in Goodhue County from 2006 to 2008. Violations include operating without proper licensure and certification, discharging sewage on top the ground, failing to have a system inspected, discharging sewage to the ground in a manner that could pollute underground waters, and failing to follow county-approved designs. Fitzgerald has already taken action to meet state laws for managing and disposing of solid waste. The business has also remedied illegal discharges of septic systems at three homes, agreed to corrective action for a septic system at a fourth home, and agreed to cease all design work related to sewer systems until it is properly licensed and certified. If the business fails to comply with the solid waste requirements of the stipulation agreement or engages in any mismanagement of solid waste, it must pay a $5,000 fine per violation per day to the MPCA until it resolves the violation. If Fitzgerald fails to comply with the sewer system requirements of the agreement or violates state rules for sewer work, the MPCA may revoke Fitzgerald's permits and certifications for this type of work. This is the second time in recent years that Fitzgerald has paid a penalty to the MPCA and taken corrective active directed by the agency. The MPCA cited the business in 2007 for operating a solid waste management facility without a permit. The settlement, known as a stipulation agreement, is one of the tools the MPCA uses to achieve compliance with environmental laws. 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. The agency also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.