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Quarterly Summary of Enforcement Actions

NOTE TO NEWS EDITORS AND DIRECTORS: The table below includes all final penalties issued by the MPCA during the third quarter of 2009 (July - September). We welcome your inquiries to localize these stories. For more details on a specific enforcement case, please contact Stephen Mikkelson, Information Officer, at 218-316-3887, or toll free at 1-800-657-3864.

To follow up, contact the staff person whose name and number accompanies the penalty. In some instances, a separate news release may have been issued on the case. In those cases, you will find a link to that release in the "News Releases" column in the table below.

Current Quarterly Enforcement Summary

• July - September 2009

Previous Quarterly Summaries

• April - June 2009
• January - March 2009
• October - December 2008
• July - September 2008
• April - June 2008
• January - March 2008
• October - December 2007
• July - September 2007
• April - June 2007
• January - March 2007
• October - December 2006
• July - September 2006
• April - June 2006
• January - March 2006
• October - December 2005
• July - September 2005
• April - June 2005
• January - March 2005
• October - December 2004
• July - September 2004
• April - June 2004
• January - March 2004
• October - December 2003
• July - September 2003
• April - June 2003
• January - March 2003
• October - December 2002
• July - September 2002
• April - June 2002
• January - March 2002
• October - December 2001
• July - September 2001
• April - June 2001
• January - March 2001
• October - December 2000
  

Definitions of penalty types

• APO -- Administrative Penalty Order
  The MPCA issues APOs to resolve compliance problems involving state or federal environmental laws. The severity of the enforcement action depends on the environmental impact of the violation, whether it is a repeat offense, and how quickly the problem is corrected, among other factors.
  
  An APO contains a monetary penalty and a schedule of actions the violator must follow to return to compliance. The maximum penalty that can be assessed in an APO is $10,000.
  
  There are three types of APOs: forgivable, nonforgivable or a combination of the two. A forgivable APO assesses a penalty, but "forgives" it if corrective actions are completed on schedule. With a nonforgiveable APO, no portion of the monetary penalty is waived.
  
  In a combination APO, a portion of the monetary penalty is forgiven if corrective actions are completed on schedule -- usually within 30 days.
  
  More information is available in the following fact sheet:
  
  • Administrative Penalty Orders: Compliance is the Goal
    
    
• Stip -- Stipulation agreement
  Stipulation agreements are negotiated settlements used when violations are serious enough to warrant a monetary, civil penalty greater than $10,000. They are also used when the actions needed to correct the problem are apt to take more than 30 days to complete.
  
  Stipulation agreements also include a schedule the violator must follow to return to compliance with applicable environmental regualtions. Depending on the size of the monetary penalty and the violator's ability to pay, a payment schedule may also be included in the agreement.
  
  
• SEP -- Supplement Environmental Project
  Supplemental Environmental Projects are intended to provide "extra" environmental and public health benefits. SEPs are environmentally beneficial projects which a defendant or respondent agrees to undertake in the settlement of an enforcement action, but which the defendant or respondent is not otherwise legally required to perform.
  
  SEPs are often used as part of a stipulation agreement.