January 12, 2009


On January 5, 2009 the Minnesota Pollution Control Agency (MPCA) issued a press release announcing that it had entered into a Stipulation Agreement (an out of court settlement) with a developer, a construction firm and an excavator requiring the payment of a total of $52,500 in civil penalties for alleged stormwater violations at a 145-acre housing development near St. Augusta, Stearns County, Minnesota.


The MPCA and Stearns County officials conducted inspections of the project site in 2005. According to the MPCA, erosion controls were not installed and maintained at the site. The MPCA alleged that sediment-ladened discharges were discharged to surface waters, curb and gutter systems, ditches, ponds and wetlands. The MPCA maintained the discharges violated various provisions of a construction stormwater permit. In addition to paying the $52,500 civil penalty, the companies completed corrective actions required by the MPCA. A link to information containing details about MPCA enforcement actions can be found at:http://www.pca.state.mn.us/newscenter/enforcement.html.


Joseph Maternowski, Chair of Hessian & McKasy’s Environmental Law Attorney Practice Group, regularly represents parties in permitting and enforcement proceedings before the MPCA, the U. S. Environmental Protection Agency and other enforcement agencies.  As environmental lawyers we have extensive experience with resolution of compliance issues. Hessian & McKasy, P.A., a full service law firm serves clients in Minnesota and throughout the Upper Midwest. To learn more about legal service packages that we provide clients on enforcement matters please visit:https://www.enviroattorney.net/sample-price-list.php.


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


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