In March 1971, a Clean Water Act grant was awarded to the City of Henning (Otter Tail County) to construct a Publicly Owned Wastewater Treatment Works [POTW]. Construction costs were shared: United States Environmental Protection Agency, 55% ($127,050); State of Minnesota, 25% ($57,750); City of Henning, 20% ($46,200). The City hired Winston C. Larson and Associates, Inc., Detroit Lakes, to do the design work (later Larson-Peterson and Associates, Inc.). The plans and specifications were approved by Minnesota Pollution Control Agency [MPCA] staff in July 1971 and construction begun in July 1972. Construction contracts were let to Hoffman Brothers, Inc., Atwater (piping, structures and pumping station) and Mid-Minnesota Irrigation Supply, Wadena (irrigation equipment). 1973 tests showed the ponds should be lined with five inches of clay and bentonite to meet allowable seepage standards; which added significantly to the cost. Construction was completed in November 1973. Tests conducted by the MPCA and EPA during 1975/1976 showed the system was leaking badly. In June 1979, the MPCA approved legal action against the designer and contractors for deficient work; to be decided was whether the designers and contractors followed the plans to the exact specifications (thus MPCA standards were too low or approval process too lax) or whether the leakage was due to faulty/deficient construction. The litigation was settled in April 1986 when the defendants agreed to pay $45,000 to the MPCA and the City of Henning to be used as a trust fund for repair of the wastewater treatment plant.

From 1917 to 1979 the St. Paul Coke Plant, 1000 North Hamline Ave., released smoke and soot into the air during conversion of soft coal into foundry fuel (coke). In its later years it was operated by Koppers Company, Inc., Pittsburgh, Penn. It ran 24 hours a day and employed around 150 men. Prior to January 1975, air pollution concerns were handled by the St. Paul city air pollution office; after the Minnesota Pollution Control Agency [MPCA] enforced air quality standards. On February 1, 1977, a compliance agreement was signed with Koppers, including a $5,000 fine for past violations. The situation continued to worsen, however. Investigations, reports, and public meetings showed the MPCA's inability to enforce its own standards, so a new stipulation and monitoring agreement was signed in May 1978. Rather than upgrade the plant, Koppers agreed to either close it by April 1981 (it closed in 1979) or forfeit a four million dollar bond as well as risking fines under the impending 1979 Federal Clean Air Act.

The St. Paul Port Authority purchased the area as part of the Energy Park industrial development. 5,000 cubic yards (circa 250 truckloads) of oil-contaminated soil were removed from the federally qualified superfund cleanup site. Many of these files document the negotiations between Koppers and the Port Authority concerning the clean up.

The Garrison Diversion Unit [GDU], authorized by Congress in 1965, planned for diversion of water from the Missouri drainage basin into the Hudson Bay drainage system, for irrigation of U. S. farmland. On October 22, 1975, under the 1909 Boundary Waters Treaty, Canada and the U. S. referred the matter of the GDU’s potential pollution of boundary waters to the International Joint Commission [IJC]. The IJC, on October 23, 1975, created the International Garrison Diversion Study Board to advise on transboundary implications of the GDU, with a final report by August 15, 1976 (later changed to no later than October 31). The report predicted both adverse impacts and potential benefits and recommended a number of alterations to the GDU.

In 1976, the National Audubon Society filed suit in U.S. District Court, District of Columbia, to block the project [National Audubon Society, Inc., plaintiff v Cecil D. Andrus, et. al. and State of North Dakota and Garrison Diversion Conservancy District, defendants; AG file No. 77-102-PCA; Civil Court file No. 76-0943]. It halted construction in May 1977, following an out of court settlement that required the Interior Department to complete a final environmental impact study. In 1978, U.S. Interior Secretary Cecil B. Andrus introduced a version that was rejected by all parties. In August 1978, however, the U.S. Senate released $18.6 million for the project; on November 9, the Audubon Society obtained a temporary court injunction freezing the money on the grounds it was released before the final environmental study was completed. In December, the injunction was revoked and the money released.

These files document the National Audubon Society's suit.

By orders of April 30 and June 17, 1981, the Minnesota PUC denies a request by NSP to increase rates to its customers to cover losses arising from the cancelled Tyrone (Wisconsin) nuclear power project, and ordered the company to refund the more than $10 million it had already collected under interim rates. NSP appealed this order in Ramsey County district court (file 452088), which reversed the PUC. The PUC then appealed the reversal to the Minnesota Supreme Court (files 82-1130, 82-1131, and 82-1354). This Attorney General file contains pleadings and briefs relating to both appeals; it does not indicate the outcome of the Supreme Court appeal.

This case concerns development of a proposed regional park by Ramsey County. The Long Lake Improvement Association, a non-profit group of around 100 families living in the area, asked for an environmental impact statement [EIS] per Minnesota Statutes 116D. On October 20, 1982, the Minnesota Environmental Quality Board rejected the recommendation of the state Hearing Examiner that the City of New Brighton and Ramsey County file an EIS on this project. These files document the legal steps taken by the improvement association to get an EIS; case number EQB-82-004-HK.

The MPCA alleged that pollutant discharge levels by the city of Appleton violated the National Pollutant Discharge Elimination System [NPDES] permit which was issued to the City Appleton in 1985.

Concerns the issuance of an administrative search warrant authorizing the MPCA to enter and inspect the Badger Construction Equipment Facility for hazardous waste rule violations. Badger Construction Equipment attempted to deny the search, desiring a court hearing prior to the issuance of a search warrant.

State of Minnesota filed a complaint alleging that the City of Balaton was in violation of the terms and conditions of the National Pollutant Discharge Elimination System [NPDES] and of the rules of the MPCA in the operation of the City of Balaton municipal wastewater treatment facility.

Concerns whether the landfill’s permit approved a six acre expansion or whether a certificate of need was necessary for the expansion.

Bruce Biggins objected to the advisory referendum conducted by the Koochiching County Commissioners on the hazardous waste sitting process. Biggins argued that the Minnesota Statutes reveal no authority for a county to a hold an advisory referendum on the subject.

Concerns the purchase of land in 1978 by Brown Boveri Turbomachinery from the Electricity Machinery Company [EM] in the City of Waite Park. In December 1984 and January 1985, routine testing of municipal waste supplies identified volatile compounds in two municipal water wells located near the site. The well contamination was attributed to the operations of EM and the Turbodyne Corporation. The discovery of contamination brought action by Brown Boveri Turbomachinery against Cooper Industries. Cooper Industries was the defendant because through a complicated series of acquisitions and company mergings, Cooper Industries became responsible for EM, which had dissolved.

Concerns whether Cooper Industries could be held responsible for the release of hazardous substances by the Electricity Machinery Company [EM] and the Turbodyne Corporation at the EM site in the City of Waite Park [see Brown Boveri Turbomachinery, Inc. v Cooper Industries, above].

The City of St. Paul alleged the release of hazardous substances by Cooperative Plating Company onto property owned by the city.

Dahlgren, et al., alleged that the MPCA did not fully and adequately consider environmental impacts when allowing the retail and commercial development of a proposed site, located in Duluth, Minnesota. Dahlgren, et al., argued that the proposed site should undergo an environmental impact statement.

Delano Granite, owing investments to Rembrandt Industries, a Minnesota corporation, was forced to declare bankruptcy. In addition, Delano Granite was forced by the MPCA to perform a hazardous waste cleanup on its site in Delano, Minnesota.

Douglas Machine Corporation, a plating company located in Alexandria, Minnesota, was found in violation of several hazardous waste regulations during two inspections, one in 1985, the other in 1988.

Kenneth and Althea Fernandez, residents of 917 Aldine in Saint Paul, adjacent to the Pierce Butler Route, alleged that during 1986, Burlington Northern revised its activities and increased operations with a resulting increase in noise, creating an intolerable condition. The Fernandez’s allege they were forced to move from the area because of the noise generated at the facility.

Petitioner was Dwight Brass, a resident in the first row of homes to be affected by the Minnesota Department of Transportation’s reconstruction of Hiawatha Avenue. Brass desired a contested case hearing in regards to MPCA’s granting of a noise variance to MNDOT. He alleged that the noise variance was unlawful and asserted that MPCA should have given personal notice to the homeowners affected by the variance.

Concerns the recovery of costs incurred by the MPCA for the environmental cleanup of a site polluted by gasoline from leaking underground storage tanks owned by Lyons Pride Convenience Stores.

Concerns State v Lyons Pride Convenience Stores, above. Insurance company Transamerica argued that Lyons Pride Convenient Stores negligence breached its insurance agreement with Transamerica, making Lyons Pride solely responsible for the payment of all cleanup costs and related fees to the MPCA.

These files document three cases: a) Minnesota Forest Industries, Inc., v MPCA, the MDNR, Aitkin County, Cass County, and Crow Wing County, Minnesota Court of Appeals, C7-90-689, 1990; b) Sierra Club, Project Environment Foundation, and Crow Wing Environment Protection Association, v Minnesota Forest Industries, Inc., v MPCA and the MDNR, District Court, C9-90-2018, 1990; and c) Sierra Club, Project Environment Foundation, and Crow Wing Environment Protection Association, v MPCA and MDNR, Minnesota Court of Appeals, C5-90-416, 1990.

The cases concern the proposed construction by MacMillan Bloedel of a parallel strand lumber plant in the Town of Irondale, Crow Wing County, Minnesota. Due to environmental concerns, the proposed plant was subject to considerable public review.

An investigation on October 16, 1985 by the MPCA revealed numerous violations of Minnesota hazardous waste laws by Minnesota Plating Labs, Inc.

This action involves claims brought by several states, individuals, and environmental organizations including the Sierra Club, Natural Resources Defense Council, National Wildlife Federation and National Audubon Society, against the EPA. The action concerns interstate and international air pollution, focusing on the issue of acid rain. This file only concerns Minnesota's involvement in the case.

An investigation conducted by the MPCA in the spring of 1980 indicated that in the 1950s private contractors utilized three sites in the city of Oakdale for the disposal of industrial wastes. The sites are referred to as the Brockman, Abresch, and Eberle sites. The results from the analyses of residential wells indicated nine relatively shallow wells were contaminated with hazardous substances which had been released from the Oakdale disposal sites.

Concerns the proper closure of the Otter Tail Dump, located in city of Otter Tail, Otter Tail County, as ordered by the MPCA.

The cities of Plainview and Elgin petitioned to form a joint sewer district because their existing wastewater treatment facilities were deemed inadequate.

The State charged Everette McAllister and Quality Tool, Inc., with one count each of unlawful disposal of hazardous waste.

Concerns groundwater contamination near a closed sanitary landfill site in Lake Elmo in Washington County. The Richerts owned property located near the landfill site. Because of contamination, the Richerts’ private residential well was closed for drinking purposes by the Minnesota Department of Health. The well contamination resulted in the suit against Washington County, et al., by the Richerts.

St. Paul Fire and Marine Insurance Company argued that their policy provides no protection when property loss is caused by the insured’s failure to live up to contract, and in cases when damage is caused by the discharge of pollutants or waste materials.

Concerns efforts by the MPCA to minimize lead and particulate air emissions from the Taracorp facility, located in St. Louis Park. The facility was closed by 1982.

Concerns hazardous waste violations by the Tonka Main Plant located in the City of Mound, Hennepin County. Tonka is a toy manufacturing company.

A hazardous waste storage facility draft permit for the University of Minnesota Como Transfer Facility was placed on public notice on September 28, 1987. The Southeast Como Improvement Association requested a contested case hearing. The MPCA argued the University facility was operating within the requirements established by Minnesota law, and that the hearing should be denied and the permit issued.

Concerns the death of Troy Weber, age 16, which occurred on the job at Lantz Lenses, Inc., a manufacturer of optical lenses. On September 23, 1986, Troy Weber was killed by exposure to trichlorotrifluorethene (Genesolv), a hazardous chemical utilized in the manufacturing process at the plant.

Regards hazardous waste violations by West Concord Tire Dump, located in the city of West Concord.

Regards the rupture of the Western Lake Superior Sanitary District sewer line in September 1985, and the resulting well contamination.

The Whittaker Corporation site, located at 3134 California Street Northeast, Minneapolis, was alleged to have discharged hazardous materials into the groundwater. To facilitate cleanup, the MPCA authorized a Request for Response Action [RFRA]. In response, the Whittaker Corporation requested a contested case hearing. The MPCA’s failure to provide Whittaker with a contested hearing prompted Whittaker to appeal.

The City of Winona argued that the issuance of a permit by the MPCA allowing the construction of an incinerator in Winona was negligible in several respects. The City of Winona argued the MPCA erred most notably, 1) in failing to prepare an environmental impact statement for the proposed Winona incinerator, 2) in ignoring the possibility of the City of Winona using the existing LaCrosse incinerator, 3) and denying the City of Winona a contested hearing on the issue of whether to issue a permit for the proposed incinerator.

Concerns combined sewer overflow permits for Minneapolis, St. Paul, and South St. Paul and pollution of the Mississippi River.

On February 6, 1986, the City initiated this lawsuit against Wood Lake Sanitary Services alleging that it had undertaken certain excavation activities without first obtaining an expansion permit from the City. [See also Woodlake Sanitary Services v Willet below.]

Concerns the proposal of Woodlake Sanitary Services to modify their solid waste permit, allowing for landfill expansion. The landfill is located in the City of Medina in Hennepin County. The proposal was opposed by the City of Eden Prairie and the Homeward Hills Homeowners Association, a neighborhood group. They objected due to environmental reasons, also arguing that the proximity of the landfill to an airport could result in an increase of bird/aircraft collisions.

Chronicles attempts of Marshall County citizens to overturn or modify the November 23, 1982 decision of the hearing examiner relating to a hazardous waste disposal facility in Marshall County.

In the mid-1980s Minnesota was one of several states considered as a site for the second national nuclear waste disposal site. This case centers on Minnesota's request for a review of the United States Environmental Protection Agency’s rules for the management and disposal of spent nuclear fuel. Minnesota felt the rules, particularly in regards to groundwater protection, were arbitrary and capricious. The case reached the United States Court of Appeals which upheld Minnesota's contention in respect to individual and ground water protection requirement (HLW rules, 40 C.F.R. Part 191 (1986) and remanded those rules back to the E.P.A. for further proceedings. The Court of Appeals, however, denied the petitioners’ remaining challenges to the high level waste rules which were part of this case. Continues other litigation files in state archives and supplements other series concerning nuclear power and nuclear waste disposal.