Involta, Watters and Sons Excavating are penalized for stormwater violations

For release: July 24, 2013

Contact: Cathy Rofshus, 507-206-2608
 

---

Involta, Watters and Sons Excavating are penalized for stormwater violations

Duluth, Minn. -- In response to an anonymous complaint of brown-colored water on Rice Lake Road heading toward a Duluth trout stream, the Minnesota Pollution Control Agency (MPCA) inspected a nearby construction site and found related activities contributing pollution into the nearby waterway.

Involta LLC, a Cedar Rapids, Iowa-based corporation that builds, owns and operates data storage centers for U.S. clients, hired Duluth-based Watters and Sons Excavating LLC to conduct site-preparation work at Involta’s new technology data center on Technology Drive in Duluth.

After receiving an anonymous complaint about possible stormwater violations in April 2012, MPCA staff conducted four site inspections. The agency determined that Involta and Watters and Sons had violated their state construction stormwater permit that regulates discharges to waterways. A portion of the construction site drains to Chester Creek and another portion drains to wetlands within the East Branch Chester Creek Watershed. Chester Creek is classified as a trout stream by the Minnesota Department of Natural Resources.

The violations included discharging excessive amounts of construction-related sediment to surface waters and failing to implement appropriate erosion- and sediment-control best management practices across the site.

By not following the permit’s requirements, the excess sediments discharged to adjacent waters had adverse effects on water quality and fish and wildlife habitat. Involta and Watters and Sons performed the corrective actions identified by the inspector and paid a $21,600 civil penalty.

When calculating penalties, the MPCA takes into account how seriously the violations affected the environment, whether they were first-time or repeat violations, and how promptly the violations were reported to authorities. The agency also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner. For a comprehensive list of enforcement actions, refer to the MPCA’s Quarterly summary of enforcement actions webpage (http://www.pca.state.mn.us/pyri3c4).

Minnesota law requires governmental units and contractors to apply for a stormwater permit when construction projects disturb more than one acre of soil. The MPCA offers outreach and training to help facilities meet their permit requirements. For more information on stormwater permits, call Brian Livingston of the MPCA’s Construction Stormwater Section at 651-757-2532 or toll-free at 800-657-3864.

Broadcast version:

The Minnesota Pollution Control Agency has penalized Involta L-L-C and its contractor, Watters and Sons Excavating L-L-C, for construction stormwater violations at a new construction site near Chester Creek, a designated trout stream in Duluth.

Site inspections conducted between April and June 2012 documented permit violations, including impacts to state waters and violations of many sediment- and erosion-control requirements.

Involta and its contractor performed all corrective actions as required and paid a fine of twenty-one thousand six hundred dollars.

For more information about stormwater regulations and how they help protect Minnesota’s lakes and streams, visit the Minnesota Pollution Control Agency website at www.pca.state.mn.us.

###

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