EPA v. MICHAEL MCGOWAN/BURNSVILLE, MN

Case summary

MICHAWL MCGOWAN OWNS PROPERTY ADJACENT TO THE MINNESOTA RIVER IN DAKOTA COUNTY. THE SITE CONTAINS AN IMPROPERLY CLOSED LANDFILL THAT IS ON THE NPL LIST AND 13.2 ACRES OF WETLAND VIOLATION. THE WETLAND VIOLATION IS ASSOCIATED WITH A MARINA AND LEVY MR. MCGOWN CONSTRUCTED AROUND THE LAND- FILL. THE PURPOSE OF THE LEVY IS TO PROTECT THE AREA FROM 100-YEAR FLOOD EVENTS. THE CITY OF BURNSVILLE WOULD LIKE TO DEVELOP AN OUTDOOR MUSIC AMPHITHEATER ON THE SITE. THE KRAEMER QUARRY ADJACENT TO THIS SITE CURRENTLY PUMPS 8 TO 13 MILLION GALLONS OF GROUNDWATER PER DAY, AND DISCHARGES IT TO THE MN RIVER. THE LIFE EXPECTANCY OF THIS QUARRY IS ABOUT ANOTHER 10 YEARS. THE GROUNDWATER IS POLLUTED WITH VOC'S AND HEAVY METALS FROM THE LANDFILL. MR. MCGOWN HAS MADE NO ATTEMPT TO RESOLVE LANDFILL ISSUES WITH MPCA.

Defendants (1)

• FREEWAY SANITARY LANDFILLNamed in complaintNamed in settlement

Facilities (1)

• FREEWAY SAN LDFL

  W 113TH ST & I-35 W, BURNSVILLE, MN, 55337

  Registry ID: 110046039434

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MCGOWAN/FREEWAYentered 2002-02-02

  Primary law: CWA

Timeline (2 milestones)

• 2000-08-08Enforcement Action Data Entered
• 2002-02-02Final Order Issued