In Minnesota we have had a dry summer with drought conditions reported across the State. In the Twin Cities metropolitan area, despite the drought, heavy storms with sudden downpours have caused sudden large stormwater flows. With a rebounding economy there is a resurgence in construction projects. With fall on the horizon, rainy conditions will return to the State.
As construction projects move forward, project owners and contractors need to be vigilant about construction stormwater permit compliance. Industrial facilities have a separate industrial stormwater permit to comply with. It would be prudent to determine if a project is subject to NPDES permitting requirements. If so, an application should be filed and a stormwater pollution prevention plan (SWPPP) should be developed. Most importantly, the plan needs to be implemented. The standard SWPPP that is promoted by the Minnesota Pollution Control Agency (MPCA) requires documentation of inspections. When issues arise, which is inevitable during especially during major storm events, an MPCA or local stormwater inspector may arrive at the construction site to check on the site’s stormwater compliance status.
The MPCA continues to investigate permitted and unpermitted sites and when it finds alleged violations take enforcement actions. When violations are found, the MPCA may review cases and determine that enforcement action is necessary. The MPCA’s preferred enforcement tool is an Administrative Penalty Order (APO) where the MPCA has the authority seek a penalty of up to $20,000 for violations observed during an inspection. For more serious violations or in cases where there are repeat violations the MPCA may propose a Stipulation Agreement where higher levels of civil penalties and corrective measures may be negotiated.
At Hessian & McKasy, our environmental lawyers assist clients on environmental issues including resolving construction and industrial stormwater permit non-compliance. We have worked on defense of APOs and helped to develop environmental management programs to audit compliance. Members of the Hessian & McKasy Environmental Law Practice Group including Practice Chair Joseph Maternowski are involved with the defense of project owners and contractors on MPCA stormwater construction matters and enforcement of all other environmental regulations. Our environmental attorneys have also presented at numerous conferences discussing stormwater compliance.
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For additional information please contact:
Joseph G. Maternowski
Hessian & McKasy, PA
Work 612-746-5754
Jmaternowski@hessianmckasy.com
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