Enbridge Energy, Canadian Pacific, Northern Metals among MPCA's 153 compliance and enforcement cases in second half of 2022

EDITOR'S NOTE: The net penalty amount for the Enbridge Energy case in the table below has been updated to include more complete details.

The Minnesota Pollution Control Agency (MPCA) closed 153 enforcement cases for water quality, air quality, waste, stormwater, and wastewater violations in the second half of 2022. Environmental enforcement investigations often take several months, in some cases more than a year, to complete the investigation and issue final enforcement documents to regulated parties. Penalties are calculated using several factors, including harm done or potential for harm to the environment, the economic benefit the company gained by failing to comply with environmental laws, or how responsive and cooperative a regulated party was in correcting problems.

Imposing monetary penalties is only part of the MPCA’s enforcement process. Agency staff continue to provide assistance, support, and information on the steps and tools necessary to bring any company, individual, or local government back into compliance.

Enforcement cases with net penalty amounts of $5,000 or more

July - December 2022

Public date Company or individual(s) Violation location Violation(s) Net penalty amt.

10/17/2022 Enbridge Energy, Limited Partnership (Houston, Tex.)

Multiple locations Construction stormwater — The MPCA investigation found that Enbridge Energy violated a series of regulations and requirements during construction of the Line 3 pipeline replacement including discharging construction stormwater into wetlands and inadvertently releasing drilling mud into surface waters at 12 locations between June 8, 2021, and Aug. 5, 2021. $5.02 million (includes $2.625 million toward environmental projects)

5/23/2022 Agri-Energy, LLC (Luverne, Minn.)

Luverne Air quality — The company exceeded air pollutant emissions and failed to keep required equipment testing and maintenance records. The violations occurred at the company’s ethanol production facility in Luverne, Minn. $34,000

11/1/2022 Soo Line Railroad d/b/a Canadian Pacific (Saint Paul, Minn.)

Saint Paul Industrial stormwater — In July 2021, several hundred gallons of diesel fuel spilled from a punctured locomotive fuel tank at the Saint Paul switchyard operated by Soo Line Railroad Co., dba Canadian Pacific. The fuel flowed into a stormwater culvert and entered nearby Battle Creek, which is on the MPCA’s impaired waters list for threats to aquatic life. $33,727

12/19/2022 Poet Biorefining - Glenville LLC (Albert Lea, Minn.)

Albert Lea Aboveground tanks — In May 2022, approximately 300 gallons of fuel spilled from an above ground storage tank when the company failed to comply with safety practices for fuel transfer at POET Biorefining’s ethanol production facility in Glenville, Minn. $19,575

8/17/2022 Northland Aluminum Products, Inc. (Saint Louis Park, Minn.)

Saint Louis Park Air quality — The company installed and modified equipment without authorization and failed a number of record-keeping requirements at its Nordic Ware brand cookware and bakeware manufacturing facility in St. Louis Park, Minn. $19,321

12/8/2022 Loomis Homes, LLC (Chaska, Minn.)

Cologne Construction stormwater — During 2021 and 2022, repeat stormwater violations at two housing developments owned by Loomis Homes, LLC, created potential for environmental harm. The developments, known as Winkler Crossing 3rd and 4th additions, are located in Carver County, near Cologne, Minn. $12,475

12/6/2022 Northern Metals, LLC (Dover, Del.)

Becker Air quality — The company exceeded air emissions limits for small and very small particulate matter (PM10 and PM2.5) by up to 60 percent above permitted limits at its metal shredding facility in Becker, Minn. The company also missed deadlines for testing pollution emissions and submitting those results to the MPCA. $12,000

10/7/2022 Alliance Building Corporation (Sauk Rapids, Minn.)

Staples Construction stormwater — The company failed to install measures required to stabilize soil, prevent erosion, and contain sediment at the Cardinal Pines II construction project near Staples, Minn. These construction stormwater violations can lead to excess sediment and other pollutants leaving a construction site and negatively impacting area wetlands, streams, or rivers. $11,000

8/16/2022 Hough, Inc. of Detroit Lakes (Detroit Lakes, Minn.) Detroit Lakes Solid waste — The company failed to operate the facility to minimize contamination of soils from solid waste and to prevent pollution of groundwater and surface water by the intentional release of diesel fuel and burned prohibited materials. $10,500

9/19/2022 Springsteel Island Sanitary District (Warroad, Minn.)

Warroad Municipal wastewater — Springsteel Island Sanitary District discharged phosphorus at levels that exceeded its permit on more than 30 occasions since 2013. The district operates a domestic wastewater treatment facility near Warroad, Minn. $10,000

9/7/2022 American Crystal Sugar Company (Moorhead, Minn.) Moorhead and East Grand Forks Industrial wastewater — At its East Grand Forks, Minn., facility, the company failed to monitor for total and dissolved mercury four times per year during 2020 and had eight unauthorized wastewater discharges between 2020 and 2022. Both facilities exceeded permitted effluent limits numerous times during the review period. The Moorhead plant also failed to sample its discharges at the frequency required and had eight releases of wastewater or material under its control to the environment. $9,900

8/15/2022 Prairie River Minerals, LLC (Grand Rapids, Minn.) Grand Rapids Industrial wastewater — The facility was not properly operated and maintained to ensure compliance with its permit, including failure to monitor and sample as required and failure to complete infiltration basins prior to generating waste materials to be stockpiled at the waste staging and management areas. $9,160

12/13/2022 Oliver Rauschnot (Pine City, Minn.); Ashley Rauschnot (Pine City, Minn.) Pine City Solid waste — The company failed to obtain a permit for the disposal of solid waste, failed to operate a facility to prevent pollution of groundwater and surface water and to minimize the contamination of soils, and failed to satisfactorily collect and transport waste to an authorized facility. $8,370

7/20/2022 Howards Driveway Inc (Menahga, Minn.) Menahga Air quality — The company's asphalt drum mix baghouse was emitting particulate matter at a rate seven times its permitted limit in 2020. Corrective actions were completed and the facility was back in compliance in 2021. $7,600

11/22/2022 Barry Septic Pumping (Underwood, Minn.) Underwood Subsurface sewage treatment systems — The company owner was operating as a septic system service and maintenance provider without a license or insurance. $7,510

11/22/2022 Michael T Block d/b/a Lakes Septic Pumping (Detroit Lakes, Minn.) Detroit Lakes Subsurface sewage treatment systems — The company owner was operating as a septic system service and maintenance provider without a license or insurance. $7,505

11/16/2022 GB Land LLC (Plymouth, Minn.) Howard Lake Construction stormwater — The company failed to install measures required to stabilize soil, prevent erosion, and contain sediment during construction at the Terning Trails development in Howard Lake. $6,637

11/8/2022 Silver Lake Oaks, LLC (Princeton, Minn.) Princeton Township Construction stormwater — The company failed to install measures required to stabilize soil, prevent erosion, and contain sediment during construction at the Silver Lake Oaks development in Princeton Township. $6,475

7/7/2022 Conagra Foods Packaged Foods LLC (Chicago, Ill.) Waseca Industrial wastewater — A 2021 force main break resulted in more than 18,000 gallons of industrial wastewater spilling into storm drains that lead to nearby Loon Lake. Other violations included improper sampling and submitting monitoring records late to the MPCA. $6,450

7/19/2022 Water Gremlin Company (White Bear Township, Minn.) White Bear Township Hazardous waste — An MPCA investigation revealed that the company mismanaged, improperly stored, and failed to clearly label hazardous wastes in its North Campus building. $6,020

9/8/2022 Keller-Baartman Properties IX, LLC (Red Wing, Minn.) Featherstone Township Construction stormwater — The company began construction activity without obtaining required stormwater permits. $5,550

7/28/2022 SUEZ WTS Solutions USA Inc (Minnetonka, Minn.) Minnetonka Air quality — Violations were related to improper equipment installations, maintenance and calibrating, and failing to conduct air emissions testing on schedules established in the company's air quality permit. $5,400

8/9/2022 Gerald Thomas d/b/a J and M Developers (Little Falls, Minn.); Michael Corrow d/b/a J and M Developers (Little Falls, Minn.) Little Falls Construction stormwater — The company began construction activity without obtaining required stormwater permits. $5,250

11/16/2022 Hickman Excavating, Inc. (Clearwater, Minn.) Howard Lake Construction stormwater — The company failed to install measures required to stabilize soil, prevent erosion, and contain sediment during construction at the Terning Trails development in Howard Lake. $5,212

7/21/2022 Peterson Companies, Inc. (Chisago City, Minn.) Crystal Construction stormwater — The company failed to immediately initiate soil stabilization when construction activity had ceased. $5,170

12/22/2022 West Fraser Forest Products, Inc. (Solway, Minn.) Solway Air quality — The facility was emitting carbon monoxide at a rate 10 percent higher than its permitted limit in fall of 2021. Corrective actions were completed and the facility was back in compliance by April 2022. $5,015

Enforcement cases with net penalty amounts of less than $5,000

July-December 2022

• Dean Johnson Homes, for construction stormwater violations in Rockford, $4,380.

• Hawkes Co., Inc., for industrial wastewater violations in Newfolden, $4,275.

• Heinold Hog Market LLC, for construction stormwater violations in Windom, $4,225.

• City of Virginia, for air quality violations, $3,600.

• Geotek LLC, for hazardous waste violations in Stewartville, $3,600.

• Joel Gaalswyk, for construction stormwater violations in Greenfield, $3,450.

• Schreier’s on Shetek Campground, Inc., for construction stormwater violations in Currie, $3,275.

• Northern Lines Contracting, for construction stormwater violations in Ogilvie, $3,175.

• Kanabec County, for construction stormwater violations in Ogilvie, $2,850.

• JP Brooks, Inc., for construction stormwater violations in Howard Lake, $2,757.

• Target Corporation, for air quality violations in Brooklyn Park, $2,700.

• Sean Hemker, for solid waste violations in Rochester, $2,660.

• John Kramer Trust, for solid waste violations in Hayfield, $2,600.

• Hoya Optical Labs of America, Inc., for industrial wastewater violations in Ramsey, $2,251.

• New Bedford Technology LLC, for hazardous waste violations in Worthington, $1,634.

• Ken Schimek Construction, Inc., for solid waste violations in Hayfield, $1,600.

• Bedford Technology LLC, for hazardous waste violations in Worthington, $1,574.

• Harley’s Auto Salvage LLC, for hazardous waste violations in Faribault, $1,574.

• Kovash Marine LLC, for hazardous waste violations in Moorhead, $1,574.

• Lee Bros. Sales LLC, for hazardous waste violations in Ada, $1,574.

• Road Machinery & Supplies Co., for hazardous waste violations in Virginia, $1,574.

• Ruether Brothers LLC, for hazardous waste violations in Montevideo, $1,574.

• Louis Leustek & Sons, Inc., for air quality violations in Ely, $1,350.

• William D. Scepaniak, Inc., for air quality violations in Holdingford, $1,350.

• Scheels All Sport, Inc., for hazardous waste violations in Rochester, $1,274.

• Beauman Management, for subsurface sewage treatment systems violations in Walker, $1,100.

• M&M Contractors LLC, for subsurface sewage treatment systems violations in Breckenridge, $1,100.

• Albany Recycling Center LLC, for industrial wastewater violations in Albany, $1,075.

• Whitecap Manufacturing LLC, for hazardous waste violations in Shakopee, $1,050.

• Todd Snell, for hazardous waste violations in Mankato, $1,029.

• Big Deal Consignments LLC, for hazardous waste violations in Pequot Lakes, $1,020.

• Bradley Boyum, for subsurface sewage treatment systems violations in West Concord, $1,000.

• River Valley Power & Sports, for hazardous waste violations in Rochester, $969.

• Alexandria Motor Company, for hazardous waste violations in Alexandria, $905.

• Allina Health Systems, for hazardous waste violations in Owatonna, $905.

• Chris Chen, for hazardous waste violations in Minnetonka, $880.

• Cormorant Real Estate LLC, for construction stormwater violations in Audubon, $750.

• L&L Granite LLC, for industrial wastewater violations in Sturgeon Lake, $675.

• Al Nystrom Construction LLC, for subsurface sewage treatment systems violations in Remer, $550.

• City of Howard Lake, for construction stormwater violations in Howard Lake, $550.

• Knife River Corporation-North Central, for construction stormwater violations in Howard Lake, $550.

• Midwest Extraction Services LLC, for air quality violations in Waseca, $550.

• Ben Boynton, for subsurface sewage treatment systems violations in Mantorville, $500.

• Chris Chen, for hazardous waste violations in Minnetonka, $450.

• Timothy Vang, for hazardous waste violations in Brooklyn Park, $300.

• NPS Auctions, Inc., for hazardous waste violations in Nicollet, $250.

• James Company Homes, Inc., for construction stormwater violations in Greenfield, $225.

• Roland Gaalswyk, for construction stormwater violations in Greenfield, $225.

More details on all 153 cases completed during the second half of 2022 can be found on the MPCA’s Compliance and Enforcement web page.