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Fitzgerald Excavating and Trucking in Goodhue must comply with
state rules to protect groundwater after the Minnesota Pollution Control Agency
(MPCA) discovered the company improperly installed an underground fuel tank and
went to great lengths to keep it hidden from the agency. Tank regulations help
ensure that they are installed and maintained in a manner that protects
groundwater used for drinking, along with preventing other harm to the
environment.
The company must take several corrective actions and pay an $80,000
penalty to the state, according to a recent agreement with the MPCA.
This company in southeast Minnesota, owned by Jason Fitzgerald,
buried a 12,000-gallon tank at its excavation facility north of Goodhue. The
company acquired and reinstalled a tank that had been removed from a gas
station. The tank, about 30 years old, posed a high risk of leaking and was prohibited
from being reused. In violation of state rules, Fitzgerald installed the tank
himself instead of using a licensed tank contractor. To keep the tank hidden
from the MPCA, Fitzgerald buried the tank and poured a concrete pad over it. He
then placed several 1,000-gallon aboveground fuel tanks as decoys on top the
pad. The aboveground tanks were exempt from state rules.
Fitzgerald took several steps to keep the tank and associated
equipment a secret. For example, he placed fuel pumps on top the unregulated
tanks to make it appear they were being used for fueling. In reality, he was
pumping fuel from the hidden underground tank. Fitzgerald also cut holes in the
bottoms of the aboveground tanks for fuel pipes down to the 12,000-gallon tank.
The tank fill pipes were concealed inside a modified toolbox sitting on the
concrete pad, and the tank vent pipes were disguised to look like support posts
for the awning over the fuel tanks.
The hidden tank lacked leak detection equipment, secondary
containment for spills, corrosion protection, overfill protection, and spill
prevention equipment. All these protections are critical to prevent releases. Despite
several MPCA notices to use an MPCA-certified tank contactor to remove the
tank, Fitzgerald removed the tank himself and disposed of it without following
state rules designed to prevent soil contamination, safety issues, and other
problems.
In addition, Fitzgerald gave vague and conflicting statements to
state inspectors concerning his fueling practices, where the tank came from,
who installed the tank, and how the tank was disposed of once it was removed.
Fitzgerald was also cited for air quality and solid waste
violations after inspectors found burn piles containing tires, plastics and
other materials that cause excessive or noxious smoke. Large piles of tires and
solid waste were also found at the facility near Goodhue.
Corrective actions include:
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Submit proper notification for the
underground tank.
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Properly dispose of ash and solid waste stored
at the Goodhue facility.
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Stop storing, disposing of, and burning waste
materials.
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Submit a plan for managing waste to the MPCA
for approval.
Stipulation agreements are one tool that the MPCA uses to
achieve compliance with environmental laws. When calculating penalties,
the MPCA takes into account how seriously the violation affected the
environment, whether it was a first time or repeat violation, and the severity
of the violations. The agency also attempts to recover the calculated economic
benefit gained by failure to comply with environmental laws in a timely manner.
This is the third time since 2007 that the MPCA has directed
Fitzgerald to take corrective action and pay a penalty for violating solid
waste rules. The agency also took enforcement action against the company in
2009 for violating several rules on septic system installation.
The tank violations highlight the potential harm from
improperly storing materials in tanks. The MPCA is marking its 50th
year as the state’s environmental protection agency. The Minnesota Legislature
created the MPCA after Minnesota witnessed two catastrophic spills in 1962. In
December of that year, sub-zero temperatures caused a pipeline break at
Richards Oil tank facility in Savage. The ruptured line released a million
gallons of oil into the Mississippi River. Shortly thereafter, a storage tank
at the Honeymead plant in Mankato burst, releasing more than 3 million gallons
of soy oil onto the ice of the Minnesota River. Oil from both spills slowly
traveled downstream and had a devastating impact on wildlife.
Today in Minnesota, there are about 18,000 regulated
underground storage tanks (USTs) in use. The MPCA’s Underground Storage Tank
Program helps to prevent contamination from leaking tanks by focusing on
technical assistance and compliance.
Broadcast version
Fitzgerald Excavating and Trucking in southeast Minnesota must comply
with state rules to protect groundwater after inspectors discovered a hidden
fuel tank at the company’s business near Goodhue. The company installed the
12,000-gallon tank illegally, and went to great lengths to keep it hidden from
the MPCA.
Tank regulations help ensure that they are installed and
maintained in a manner that prevents leaks and spills, protects groundwater
used for drinking, and prevents other harm to the environment.
The company must take several corrective actions and pay an
$80,000 penalty to the state, according to a recent agreement with the
Minnesota Pollution Control Agency.
Additionally, Fitzgerald was storing and burning solid wastes at
its facility in violation of state rules designed to protect air quality and
the environment. Fitzgerald must stop storing, disposing, and burning solid
waste at its facilities.
This is the third time since 2007 that the state has directed the
company to take corrective action and pay penalties for environmental
violations.
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The mission of the MPCA is to protect and improve the environment and enhance human health.
St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar
www.pca.state.mn.us • Toll-free and TDD 800-657-3864
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