Contact: Anne Perry Moore, 218-302-6605
Duluth, Minn. -- The Minnesota Pollution Control Agency (MPCA), Cook County/Grand Marais Joint Economic Development Authority (Authority) and KGM Contractors Inc., of Angora, Minn., recently reached an agreement that resolved the parties’ alleged failure to follow state stormwater permit requirements at their 70-acre Grand Marais development project. As a result, the parties paid a $40,000 penalty, completed all required actions and spent at least $80,000 to mitigate environmental degradation under the Gunflint Trail.
The Authority received a required state stormwater permit prior to beginning construction-related activities at its Cedar Grove Business Park project in Grand Marais. On Dec. 14, 2006, Cook County Office of Planning and Zoning staff, working under a joint powers agreement with the MPCA, conducted a site inspection and identified nine permit violations involving inadequate erosion controls and failing to have the project’s Stormwater Pollution Prevention Plan available on site. Between January and October 2007, inspectors visited the site on 15 occasions and found new and continuing permit violations including sediment-laden stormwater discharges into wetlands, waters of the state, the Grand Marais municipal sewer system and ultimately, Lake Superior. Excessive sediment deposits can degrade aquatic habitats and contribute to other harmful water quality conditions.
The parties also agreed to conduct an $80,000 supplemental environmental improvement project at the Gunflint Trail. Workers removed accumulated sediment from a culvert and re-stabilized approximately 330 lineal feet of an adjacent ditch.
Minnesota law requires governmental units 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.
Supplemental environmental project agreements, such as the Gunflint Trail improvement, can provide extra environmental and public health benefits. The parties responsible for returning a site to compliance sometimes agree to conduct additional voluntary remediation actions as part of an enforcement settlement.
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.
