Minnesota Pollution Control Agency

Contact: Ralph Pribble, 651-757-2657 St. Paul, Minn. -- Zumbro River Constructors, Eden Prairie, has paid the Minnesota Pollution Control Agency (MPCA) a $30,000 civil penalty for alleged violations of stormwater-control requirements during a highway project in western Hennepin and Carver counties during 2007. The violations were discovered during inspections of a Minnesota Department of Transportation (MnDOT) project on 11 miles of State Highway 212 in Carver and Chaska. A stipulation agreement signed by the two agencies alleges that Zumbro River Constructors, a MnDOT contractor, violated state water-quality rules and the terms of an MPCA-issued permit regulating environmental impacts of construction activities by failing to prevent pollution of nearby surface waters. In spring 2007, MPCA and Carver County staff observed the discharge of turbid (soil-laden) water from stormwater runoff and dewatering activities where the project crossed East Chaska Creek and Hundertmark Watercourse. In October 2007, a dewatering discharge was observed where the project crossed the west branch of Chaska Creek. Both instances were violations of the project's National Pollutant Discharge Elimination System (NPDES) stormwater construction permit that resulted in sediment being discharged to East and West Chaska Creeks. NPDES permittees are required to take steps to prevent runoff pollution, including constructing and maintaining adequate slope stabilization and sediment barriers to prevent movement of soil into nearby surface waters. The permits are required for all construction activities that disturb more than one acre of land. Zumbro River Constructors took corrective actions to remedy the violations after they were observed. Payment of the penalty settles the state's enforcement action for noncompliance. When calculating penalties, the MPCA takes into account how seriously the violations affected the environment, whether they were first-time or repeat violations, and how promptly the violations were reported to appropriate authorities. Penalties also attempt 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/newscenter/enforcement.html.