Citywide Development Inc. and On Site Solution Inc. failed to obtain a construction stormwater permit prior to beginning construction and allowed sediment to discharge to wetlands as they built The Meadows housing development in Otsego, Minnesota, according to a Minnesota Pollution Control Agency (MPCA) enforcement investigation.
An MPCA staff inspection in October 2023 confirmed several permit violations including:
- Causing nuisance conditions by discharging sediment into a wetland.
- Failing to obtain a construction stormwater permit prior to beginning construction activities.
- Failing to stabilize exposed soils within 14 days of temporarily ceasing construction activities.
- Failing to protect storm drain inlets and to install redundant sediment controls when working within 50 feet and upgradient of a surface water during construction.
- Failing to conduct inspections of the site every seven days and within 24 hours of a half inch or more rain event.
- Failing to have a properly trained person overseeing implementation of a stormwater pollution prevention plan.
In addition to Citywide Development paying $11,487, and On Site Solution paying $11,820, the companies completed a series of corrective actions to bring the site into compliance as construction continued.
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.