DNR Orders Enbridge Energy to Pay $3.32 Million
Dan La Vigne
From: MN Department of Natural Resources <dnr.u...@updates.mndnr.gov>
Date: Thu, Sep 16, 2021, 5:01 PM
Subject: DNR Orders Enbridge Energy to Pay $3.32 Million for Failure to Follow Environmental Laws
To: <an...@mn350.org>
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Minnesota Department of Natural Resources | mndnr.gov
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From: Tess Dornfeld <t.e.do...@gmail.com>Subject: Re: DNR Orders Enbridge Energy to Pay $3.32 Million for Failure to Follow Environmental LawsDate: September 16, 2021 at 10:31:11 PM CDTTo: mn350-tar-sands-team <mn350-tar-...@googlegroups.com>Hi team, there was some interest in the points/rant I shared in response to this at the meeting tonight, here are some highlights and reactions from the news release. Please put these to use especially to write letters to the editor, and for social media and other publicity and conversation with electeds and those around you.>Enbridge is being criminally charged for violating not just their permits, but state law itself.Separately, the DNR has also referred this matter to the Clearwater County Attorney for criminal prosecution. The DNR has determined that Enbridge Energy violated Minnesota Statute 103G.141, subdivision 1, which makes it a crime to appropriate “waters of the state without previously obtaining a permit from the commissioner.”>This was not an accident. Enbridge's approved construction plan called for a traditional 8-10 foot deep trench, but instead they built an 18 foot deep trench with sheet piling down to 28 feet. Enbridge knew this had breached the aquifer and was gushing water into their trench, but they did not notify DNR.Enbridge began work at the Clearbrook Terminal site in early 2021 but did not follow the construction plans it had provided to DNR. The company’s plans called for the use of traditional trench construction methods at a depth of 8-10 feet. The company instead constructed the trench at a depth of approximately 18 feet with sheet piling installed to a depth of 28 feet. This deviation led to a breach of the confining layer of an artesian aquifer, resulting in an uncontrolled flow of groundwater into the trench. Enbridge failed to notify DNR of the groundwater situation at the Clearbrook Terminal.
>It was in January when the "Independent Environmental Monitors" (who in reality were handpicked by Enbridge, some from their own former staff) first noticed the groundwater filling the trench, but it was not brought to DNR's attention until June.Independent Environmental Monitors (IEMs), working on behalf of DNR and Minnesota Pollution Control Agency (MPCA), first observed unusual amounts of water in the trench at the construction site in late January 2021. ... On June 15, 2021, during discussions with the IEMs, the DNR identified that there was a potential breach of the aquifer’s confining layer at the Clearbrook Terminal construction site.>The IEMs did not realize the aquifer breach had happened from Enbridge violating its own construction plan, because the IEMs don't monitor the construction plan.Under the Public Utilities Commission’s (PUC) route permit, the IEMs’ role is to monitor compliance with the terms and conditions of the PUC, DNR, and MPCA permits. They do not monitor construction plans. Therefore, these inspections did not identify that Enbridge’s construction activities had deviated from the company’s plans, breaching the aquifer’s confining layer.
>Despite beginning investigation in June of the aquifer breach that occurred in January, DNR has not disclosed anything about this until now, after the construction is nearly complete.>In spite of historic and crippling drought, DNR approved a 1000% increase (if I'm remembering the numbers right) in Enbridge's water appropriation permit, when this aquifer breach was already draining groundwater that up to last week totalled over 24 million gallons - it's not clear if this amount is accounted for in Enbridge's existing water permits.>The cost of the fines and other penalties is a drop in the bucket for Enbridge and will in no way influence them to behave differently to avoid paying them again.Through September 5, 2021, this violation has resulted in an estimated release of approximately 24.2 million gallons of groundwater from the aquifer.
>However, the money is significant to the DNR budget, and since they approved Line 3 permits, this is a clear conflict of interest. Not only did approving the permits mean DNR would already get a windfall from Enbridge for remediation and land acquisition as part of the approval, but DNR's negligence in allowing these permit violations means even more money for DNR from the fines and penalties.>Commissioner Strommen says this never should have happened, and she's right - Line 3 should never have been issued permits. Financial penalties that fund state agencies are a perverse incentive against permit enforcement, and do nothing to prevent irreversible damage to land, water, and cultural resources.“DNR is committed to its role as a regulator on this project and is taking seriously our responsibility to protect and manage natural resources within existing state law,” said DNR Commissioner Sarah Strommen. “Enbridge’s actions are clear violations of state law and also of public trust. This never should have happened, and we are holding the company fully accountable.”
Personally my takeaway is that we need systemic reform of these agencies and processes - without it, we can't expect to get a different result next time. But regardless, this shows - as if we needed any more proof - that these corporations can't be expected to abide by their permits anyway.
Tess
From: Jan Wann <outlie...@gmail.com>Subject: Re: DNR Orders Enbridge Energy to Pay $3.32 Million for Failure to Follow Environmental LawsDate: September 16, 2021 at 11:02:52 PM CDTTo: Tess Dornfeld <t.e.do...@gmail.com>Cc: mn350-tar-sands-team <mn350-tar-...@googlegroups.com>I wonder if anyone can tell me the name of the aquifer?ThanksJan Wann