Contact: Anne Perry Moore, 218-302-6605
Duluth, Minn. -- The Minnesota Pollution Control Agency (MPCA) recently reached an agreement with the Minnesota Department of Transportation (MnDOT) and Northland Constructors of Duluth LLC that resolved the alleged failure to follow the terms of a stormwater permit issued for the Highway #53 construction project in Duluth. The parties have completed all required actions and paid a $27,000 penalty.
MnDOT and Northland Constructors applied for and received a stormwater permit from the MPCA for highway construction-related activities in 2008. Under a joint powers agreement with the MPCA, South St. Louis County Soil and Water Conservation District (SWCD) staff were authorized to conduct stormwater inspections and offer technical assistance at the site.
During inspections conducted in April 2009, SWCD staff found 70-100 cubic yards of construction-related sediment had flowed off the site and into a nearby wetland. An undetermined amount of this sediment was subsequently transported to the adjacent Miller Creek, a designated trout stream. The parties have since removed all recoverable sediment, seeded disturbed areas with an approved wetland seed mix, and sealed a gap around a stormwater pipe that contributed to the sediment release.
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 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 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. For a comprehensive list of enforcement actions by the MPCA, go to the agency Web site at www.pca.state.mn.us.
