2007-05-10 MPCA Notice of ViolationMinnesota Pollution Control Agency
520 Lafayette Road North I St. Paul, MN 55155-4194 1 651-296-6300 1 800-657-3864 1 651-282-5332 TTY I www.pca.state.mn.us
May 10, 2007
CERTIFIED MAIL NO. 7006 0810 0002 0972 1449
RETURN RECEIPT REQUESTED
The Honorable Ron Klecker
Mayor, City of Albertville
5959 Main Avenue Northeast
PO Box 9
Albertville, MN 55301
RE: Notice of Violation - City of Albertville Wastewater Treatment Facility
National Pollutant Discharge Elimination System./State Disposal System
Permit No. MN0050954
Dear Mayor Klecker:
Enclosed is a Notice of Violation (NOV) issued by the Minnesota Pollution Control Agency
(MPCA) to the City of Albertville (Regulated Party) for alleged violations of Minnesota Rules,
Statutes, or Permit Conditions at the Regulated Party's wastewater treatment facility (Facility)
located in Albertville, Minnesota. By sending this NOV, the MPCA is notifying the Regulated
Party of alleged violations that MPCA staff discovered during a file review on February 2, 2007.
This NOV also provides the Regulated Party an opportunity to respond to the alleged violations.
The first section of the NOV cites the rules, statutes, and permit conditions which the MPCA
alleges that the Regulated Party violated, and describes the actions or omissions constituting the
violations. The second section, titled "Corrective Action," contains corrective actions that the
Regulated Party is to complete in order to resolve the NOV.
Please note, the Corrective Action section contains dates by which the actions should be
completed. Please also note, if the Regulated Party believes the allegations in this NOV are
incorrect, the MPCA requests a written response within ten days.
If you have any questions, please contact me at 651-296-7072.
Sincerely,
Christopher Klucas
PCS, Intermediate
Metro/Brainerd Unit
Municipal Division
CK:dac
Enclosure
cc: Larry Kruse, City Administrator w/enclosure
Rick Cool, Assistant Attorney General w/enclosure
MPCA Enforcement Data Coordinator w/enclosure
Darryl Weakley, MPCA-Municipal w/enclosure
Gary Eddy, MPCA w/enclosure
St. Paul I Brainerd I Detroit Lakes I Duluth I Mankato I Marshall I Rochester I Willmar I Printed on 100% post -consumer recycled paper
STATE OF MINNESOTA
Minnesota Pollution Control Agency
Municipal Division
NOTICE OF VIOLATION
In the Matter of: City of Albertville
Hunter's Pass Estates Street & Utility Improvement Project
Parkside Commercial Center Site Construction Plan
To: The Honorable Ron Klecker
Mayor, City of Albertville
5959 Main Avenue Northeast
PO Box 9
Albertville, MN 55301
PLEASE BE ADVISED, that the Minnesota Pollution Control Agency (MPCA) has sufficient
information to allege that the city of Albertville (hereinafter Regulated Party) has violated the
following provisions of federal regulations, state statutes, rules, and permit conditions at its
Facility located in Albertville, Minnesota.
1. Minn. R. 7001.0030, PERMIT REQUIRED.
No person required by statute or rule to obtain a permit may construct, install, modify, or
operate the facility to be permitted, nor shall a person commence an activity for which a
permit is required by statute or rule until the agency has issued a written permit for the
facility or activity.
And;
Minn. Stat. § 115.07, Violation and Prohibitions.
Subd. 3. Permission for extension. It shall be unlawful for any person to make any
change in, addition to or extension of any existing disposal system or point source, or
part thereof, to effect any facility expansion, production increase, or process modification
which results in new or increased discharges of pollutants, or to operate such system or
point source, or part thereof as so changed, added to, or extended until plans and
specifications therefor shall have been submitted to the agency unless the agency shall
have waived the submission thereof to it and a written permit therefor shall have been
granted by the agency.
And;
National Pollutant Discharge Elimination System or State Disposal System Permit
(NPDES/SDS) No. MN0050954, Ch. 5, Total Facility Requirements, Construction.
The Permittee is required to obtain a Sanitary Sewer Extension Permit from the MPCA
prior to the start of construction of any addition, extension or replacement to the sanitary
sewer.
The Regulated Party failed to obtain a Sanitary Sewer Extension permit from the MPCA prior to
construction or installation of, or modifications to the sanitary sewer system. The Regulated
Party did apply for the Sanitary Sewer Extension permit, but proceeded with the Hunter's Pass
Estates Street and Utility Improvement Project (received July 27, 2006) and the Parkside
Commercial Center Site Construction Plan Sanitary Sewer Extension (received July 15, 2006)
project without first verifying whether a permit was issued.
CORRECTIVE ACTIONS
To address the alleged violations cited in this Notice of Violation (NOV), the Regulated Party is
to complete the following actions:
1. Within 30 days after receipt of this Notice, the Regulated Party shall submit a written statement
to the MPCA documenting that the Regulated Party will retain a copy of the "As Built" plans
of all sewer extension work conducted at Hunter's Pass Estates Street and Utility Improvement
Sanitary Sewer Extension (received July 27, 2006) and the Parkside Commercial Center Site
Construction Plan Sanitary Sewer Extension (received July 15, 2006).
2. Within 30 days after receipt of this Notice, the Regulated Party shall submit a written statement
signed by a Professional Engineer (P.E.) stating that all work completed prior to the receipt of a
sewer extension permit for the Hunter's Pass Estates Street and Utility Improvement Sanitary
Sewer Extension (received July 27, 2006) and the Parkside Commercial Center Site
Construction Plan Sanitary Sewer Extension (received July 15, 2006) sanitary sewer extension
was installed apd constructed: in accordance with "Standard Utility Specifications" as published
by the City Engineers Association of Minnesota; and with the items certified in the Design
Certification form submitted with the application.
3. Within 30 days after receipt of this Notice, the Regulated Party shall submit a copy of all
inspection and construction quality control tests performed at Hunter's Pass Estates Street and
Utility Improvement Sanitary Sewer Extension (received July 27, 2006) and the Parkside
Commercial Center Site Construction Plan Sanitary Sewer Extension (received July 15, 2006)
to ensure that all materials installed as part of the sewer extension were installed properly. This
shall include, but not be limited to, the sanitary sewer leakage tests results and inspection log.
2
4. Within 30 days after receipt of this Notice, the Regulated Party shall submit a written
description of the Regulated Party's management procedures that will be implemented to
ensure that all MPCA-required permits or if applicable, approvals, for any changes or
additions to the wastewater treatment facility and the related sanitary sewer collection system
are obtained prior to construction, installation, changes, additions to, extensions, and
operation.
NOTICE
THEREFORE, you are hereby given notice that the above alleged violations have been recorded
and documented by the MPCA. This NOV and your response does not preclude the MPCA from
taking further action with respect to the above alleged violation(s). The MPCA reserves the right
to seek any and all remedies available under Minn. Stat.-§§ 115.071, 116.072, 116.073, and
609.671 and all applicable rules or permits for any violation cited in the NOV. If the Regulated
Party believes the allegations in this NOV are incorrect, please respond in writing within 30 days
after receiving this NOV and explain any inaccuracies. If the Regulated Party does not respond,
the MPCA will conclude that the alleged violations occurred as set forth in the NOV.
DATED: May 10, 2007 MUNICIPAL DIVISION
9
Gary L. Ed ,
Supervisor, Metro Unit
St. Paul Office
Municipal Division
GLE/CK:dac
cc: Larry Kruse, City Administrator
Rick Cool, Assistant Attorney General
Gary Eddy, MPCA
Darryl Weakley, MPCA
MPCA Enforcement Data Coordinator
CERTIFIED MAIL NO. 7006 0810 0002 0972 1449
RETURN RECEIPT REQUESTED
Address Submittals Requested Above To:
Christopher Klucas
PCS, Intermediate
Minnesota Pollution Control Agency
520 Lafayette Road
St. Paul, MN 55155