October 3, 2008

On September 26, 2008, U.S. Environmental Protection Agency (EPA) announced that EPA’s Region 5 and Duininck Brothers, Inc. (Duininck Brothers), entered into a Consent Agreement and Final Order (CAFO) requiring Duininck Brothers to comply with the federal Clean Water Act and to pay a civil penalty of $90,000. The CAFO alleged that in 2002 and 2003 at the Trunk Highway 27 construction site in Osakis, Minnesota, Duininck Brothers violated Minnesota National Pollutant Discharge Elimination System (NPDES) General Permit Number MNR 110000 for Storm Water Discharges Associated with Construction Activity. The CAFO also alleged that in 2004 and 2005 at the Willmar Airport Project in Willmar, Minnesota, Duininck Brothers violated Minnesota NPDES General Permit Number MNR100001 for Storm Water Discharges Associated with Construction Activity. The CAFO requires Duininck Brothers to immediately comply with all rules, regulations, and statutory requirements of the CWA, and to pay a civil penalty of $90,000.00 to the EPA.

The Minnesota Pollution Control Agency (MPCA) has primary jurisdiction over stormwater regulatory issues. In this capacity the MPCA is authorized to initiate enforcement action and may seek penalties of up to $10,000 per day of violation. The MPCA may refer cases to the EPA for enforcement.

The environmental lawyers at Hessian & McKasy’s Environmental Law Attorney Practice Group represent clients who are involved in federal and state enforcement actions. For information about legal service packages that we provide to our client, please see:http://www.enviroattorney.net/sample-price-list.php

On September 26, 2008, U.S. Environmental Protection Agency (EPA) announced that EPA’s Region 5 and Duininck Brothers, Inc. (Duininck Brothers), entered into a Consent Agreement and Final Order (CAFO) requiring Duininck Brothers to comply with the federal Clean Water Act and to pay a civil penalty of $90,000.  The CAFO alleged that in 2002 and 2003 at the Trunk Highway 27 construction site in Osakis, Minnesota, Duininck Brothers violated Minnesota National Pollutant Discharge Elimination System (NPDES) General Permit Number MNR 110000 for Storm Water Discharges Associated with Construction Activity. The CAFO also alleged that in 2004 and 2005 at the Willmar Airport Project in Willmar, Minnesota, Duininck Brothers violated Minnesota NPDES General Permit Number MNR100001 for Storm Water Discharges Associated with Construction Activity. The CAFO requires Duininck Brothers to immediately comply with all rules, regulations, and statutory requirements of the CWA, and to pay a civil penalty of $90,000.00 to the EPA.

The Minnesota Pollution Control Agency (MPCA) has primary jurisdiction over stormwater regulatory issues. In this capacity the MPCA is authorized to initiate enforcement action and may seek penalties of up to $10,000 per day of violation. The MPCA may refer cases to the EPA for enforcement.

The environmental lawyers at Hessian & McKasy’s Environmental Law Attorney Practice Group represent clients who are involved in federal and state enforcement actions.

The views expressed here are my own and do not reflect the views of my employer, Hessian & McKasy P.A.

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