This story comes from the Wisconsin News Collaborative, a partnership of Wisconsin public media newsrooms, including WUWM, Wisconsin Public Radio, and WXPR.
Wisconsin environmental regulators have notified Enbridge of seven alleged violations of state environmental laws and permits on a $1 billion project to reroute its Line 5 oil and gas pipeline in northern Wisconsin.
The Wisconsin Department of Natural Resources issued a formal notice of violation in a letter to Enbridge Energy Company, Inc. Tuesday. The company has been building a new 41-mile stretch of Line 5 in Ashland and Iron counties. The letter covers alleged violations to state laws that govern water quality, navigable waterways, wetlands, air quality, storm water runoff and endangered resources protections.
The DNR alleges the violations took place from March 30 through Sept. 21. They include violations of state air laws stemming from an Aug. 25 gas leak in the town of Saxon that released over 1.3 million gallons of natural gas liquids into the air. WPR previously reported it’s the state’s largest oil and gas pipeline spill.
Preliminary findings show a subcontractor’s flatbed truck was placed in neutral when it rolled into an open construction trench on the Line 5 project, striking and rupturing the pipeline. While no injuries occurred, the DNR noted the leak caused significant disruption to the area.
“Enbridge caused significant air pollution, and did not use good operating practices nor take reasonable precautions to prevent the release from occurring,” wrote David Hon, the DNR’s environmental enforcement specialist.
In a statement, Enbridge spokesperson Juli Kellner said the company is reviewing the notice of alleged violation from the DNR.
“Enbridge has worked closely with the WDNR through the permitting process and construction of the Line 5 Segment Relocation Project as well as with the response to the line strike incident near Saxon,” Kellner said.
The violations also include unpermitted construction of a temporary bypass around the site of the gas leak on or about Sept. 7.
“Enbridge placed timber matting directly in wetlands and unauthorized placement of clear span bridges over navigable waterways, knowing these activities were conducted for the temporary bypass without required authorizations,” Hon wrote.
Enbridge had previously said it built the bypass in compliance with existing permits and an application to make changes to its stormwater permit.
The letter also documents 18 instances where the company violated conditions of a waterways and wetlands permit granted to Enbridge for the Line 5 reroute that occurred between May 13 and Sept. 25. They included five releases of either drilling fluid or a mix of soil and water that entered wetlands or waterways. The agency is also alleging violations of endangered resources requirements and failure to install and maintain proper erosion controls.
The DNR said it would continue to review incidents that occurred after Sept. 21 and any future incidents. On Sept. 28, Enbridge also reported the flow of groundwater at a site where crews were installing pipe underneath the Marengo River. The DNR is now investigating the source of the release and whether an aquifer breach occurred.
The DNR added that the notice of violation is separate from the company’s responsibility under the state’s spills law to clean up hazardous substances that were released into the environment as of the Aug. 25 gas leak. The agency has named Enbridge a responsible party and ordered the company to investigate and clean up the spill.
The DNR has set an enforcement conference to discuss the alleged violations for Oct. 26. The agency said violations of state laws governing navigable waters and controlling water pollution may be referred to the Wisconsin Department of Justice. The company faces fines of up to $10,000 per day for civil violations. For violations of state air pollution control laws, Enbridge could face up to $25,000 in fines for each violation.
As many as a dozen spills have occurred on the project, according to a court filing by the Bad River tribe.
The pipeline carries up to 23 million gallons of crude oil and natural gas liquids daily from Superior to Sarnia, Ontario. Enbridge has said Line 5 serves 10 refineries and propane facilities that provide fuel to millions in the Midwest and Great Lakes region.
Environmental advocates and Bad River Tribal Chairwoman Liz Arbuckle have been calling on Gov. Tony Evers and the DNR to do more in response to the Aug. 25 spill and other incidents. They want the agency to revoke permits for the Line 5 project.
Roughly two-thirds of the $1 billion project has already been built. The project employs 700 workers.
Three years ago, a federal judge found the company was trespassing on the Bad River reservation and ordered Enbridge to pay roughly $5 million and shut down or reroute Line 5. The tribe and Enbridge appealed the decision.
In August, a federal appeals panel ruled that Enbridge has been trespassing and must remove the pipeline from the Bad River reservation. However, it gave the company more time to complete the Line 5 reroute.
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