The Minnesota Pollution Control Agency fined Winona Excavating Company Inc., Winona, Minn., Michael's Demolition and Recycling Inc. and their principals, David Griffin and Michael Andring $100,000 for violating a court order prohibiting the company from performing demolition work and for submitting numerous false notifications to the MPCA.
In April 2002, the operators of Winona Excavating entered into a court-approved settlement of an administrative penalty order for alleged violations involving improper handling and removal of asbestos and failure to remove mercury-containing devices. The operators certified to the Third Judicial District Court that they would no longer perform demolition work.
Within days of signing that agreement, the owners created a front company with a name that combines the "MPCA" acronym and an acronym for a common obscenity, and proceeded to do demolition work under the assumed name using Winona Excavating equipment and employees. The MPCA filed a legal complaint to stop the misrepresentations, which included 30 counts consisting of false representation, breach of contract and failure to notify for demolition.
Winona Excavating and the MPCA recently reached an agreement to resolve the situation. To reduce the $100,000 penalty, Winona Excavating has completed a Supplemental Environmental Project estimated at approximately $40,000. The SEP involved hauling and disposal of contaminated soil from a residential property built on an abandoned dump.
Winona Excavating (including all subsidiary companies and company officers) also agreed to cease demolition work for a period of one year. In addition, the company will insure that its employees are trained in proper asbestos handling and removal. Once the year has passed and the approved training has taken place, Winona Excavating may return to demolition work. The company will pay the remaining $60,000 of the penalty in installments during the next year.