Portion of penalty paid will benefit local health board under new Minnesota law
According to a Minnesota Pollution Control Agency (MPCA) enforcement investigation, American Crystal Sugar Company violated several air quality conditions, including releasing more hydrogen sulfide and particulate matter than its permit allows. The violations occurred between 2020 and 2022 at its sugar beet processing facility in East Grand Forks.
MPCA staff inspections and review of company records confirmed violations including:
- Failing to properly operate multiple pieces of pollution control equipment and dust control systems in 2020 and failing to identify corrective actions in 2022.
- Failing to continuously operate air monitoring equipment for up to 40% of the required time during the second half of 2020.
- A performance stack test failure in February 2022 for emissions of particulate matter by 110% of the permitted limit, small particulate matter by nearly 4%, and filterable particulate matter by 99% of the limit.
- Exceeding hydrogen sulfide emission limits during the 2020 and 2022 monitoring seasons.
- Missing four quarterly equipment inspections since October 2021.
- Failing to update and maintain its operation and maintenance plan and provide adequate training for staff on plan implementation and record keeping.
In addition to paying the $350,000 civil penalty, American Crystal Sugar Company is completing a series of corrective actions to satisfy conditions of the enforcement action.
The Polk-Norman-Mahnomen Community Health Board will receive 40% of the $350,000 penalty according to a new Minnesota statute enacted in 2023. Minn. Stat. § 16A.151 requires that 40% of enforcement penalties of $250,000 or more to be given to community health boards near the location where violations occurred. This is the first case the MPCA has completed that meets the criteria since this statute went into effect.
MPCA rules and regulations are designed to protect human health and the environment by limiting pollution emissions and discharges from facilities. When companies do not fully comply with regulatory requirements, the resulting pollution can be harmful to people and the environment.
When calculating penalties, the MPCA considers how seriously the violations affected or could have affected the environment, and whether they were first-time or repeat violations. The agency also attempts to recover the economic benefit the company gained by failing to comply with environmental laws in a timely manner.
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