The Minnesota Pollution Control Agency is seeking a temporary injunction in Anoka District Court to halt operation of Schwartzman Company Inc.'s scrap metal shredder. The company is located in Anoka, Minn.
A hearing regarding the injunction will be scheduled by the court. Once the hearing takes place, the court has up to 30 days to rule on the temporary injunction request. If the injunction is issued by the court, Schwartzman Company. would be required to cease operation of the shredder.
Before the company could resume shredding, it would need to remove about 10,000 cubic yards or 25 percent of the 43,000 cubic yards of improperly stored shredded material at the site. If the shredder is allowed to operate, the company will still need to remove all of the accumulated waste and any new waste generated would need to be removed if the company intends to continue operations. Testing of the waste would also be required to ensure the waste is disposed of properly. The company would also be required to comply with all applicable regulations.
The MPCA issued an administrative order January 28, 2003, requiring the company to submit an updated storm-water plan and perform any corrective actions necessary to comply with the facility's storm-water permit by today. The MPCA received an updated plan, but the plan did not include a timeline for implementation. The order also required the facility to ensure the ash pile and improperly stored waste be tested and disposed of by today.
Last April the MPCA ordered the Schwartzman Company to not dispose of shredder fluff at any Minnesota landfill. The order came after the firm was charged in Wright County District Court with two felony counts after allegedly illegally dumping hazardous waste in a Wright County landfill. The company was found not guilty on both felony charges.
The order also requires the company to remove a berm at the site that was constructed of shredded auto waste. However, Schwartzman requested that the Minnesota Court of Appeals review this part of the order, contending that the berm is a benefit. Therefore, the removal of the berm will be delayed until a decision is rendered by the court.
The MPCA contends that parts of the berm are considered a hazardous waste. The berm has tested above 50 parts per million for polychlorinated biphenyls. Elevated concentrations of lead and mercury have also been found in test results of the berm received this month. Waste testing above 50 ppm for PCBs and five milligrams per liter for lead must be treated as hazardous waste for disposal.
Ash, soil, and shredded auto waste with high levels of lead at the site will also need to be treated as hazardous waste. The MPCA required the company to cover the ash from a fire that occurred September 9, 2002, to reduce any chances of pollutants leaving the site because of wind or storm water.
The specific source of lead at the site has not been identified, but it can be found naturally and from human activities including burning of fossil fuels, mining and manufacturing. Another possible source is lead acid batteries. Lead can affect the central nervous system, particularly in children. It can also damage the kidneys and the reproductive system.
A ruling on the case is expected by the end of this month.