Scrap Yard, City At Odds Over Cleanup Requirements

The Minnesota Pollution Control Agency and Schwartzman Co., Anoka, Minn. have been unable to reach an agreement about hazardous waste at the scrap company’s downtown site, prompting the state of Minnesota to issue a rare administrative cleanup order.

The MPCA has ordered Schwartzman to remove waste material from the grounds of the scrap-metal recycling facility within six months — much sooner than the two-year timeline proposed during negotiations.

The agency has issued such an administrative order only once before in the past 10 years.

Jon Schwartz-man, president of the company, said he would file an appeal in the state Court of Appeals.

Last year, the MPCA found an unauthorized berm containing waste material and soil during an inspection of the site. The design of the berm did not adequately contain the material, according to the MPCA.

Samples at the site showed polychlorinated biphenyls, or PCBs, of less than 50 parts per million in some areas, while others ranged from 60 to 130, Connell said.

Minnesota law requires PCB levels greater than 50 parts per million to be managed as hazardous waste. Federal law allows up to 500 parts per million.

In addition, ashes from a September fire at the scrap yard are being contained by tarps after the debris was found to contain lead.

"We tried to come up with a voluntary plan with the company and realized it wasn't going to be reached," said Jeff Connell, MPCA compliance coordinator. "When that all breaks down, we essentially said we have to get the site cleaned up now because we lost all of last year."

Schwartzman said he is in compliance with federal guidelines for waste disposal, which he said should override state requirements. Schwartzman also said the deadline for the cleanup is unrealistic.

"It's a huge issue and I think when we go to court, that issue will be brought to everyone's attention," he said. "Our story will become quite clear how unfair the state's regulations are. … It's impossible to comply."

The Minnesota Department of Health has been analyzing samples taken from the site, and researchers say the materials do not pose a public health threat, but should be dealt with soon.

Kathleen Norlien, a Health Department research scientist, said cleaning up the site quickly would reduce the chance of disturbing materials and exposing them to the air.

"From the data that I've seen, the contamination has remained on the site and the Minnesota Pollution Control Agency is expediting the entire process to make sure that contamination is not dragged offsite," Norlien said. "They've put a lot of provisions in place to protect other areas."

In addition to waste-management issues in Anoka, the company is facing criminal charges in Wright County. The state attorney general has charged Schwartzman Co. with knowingly disposing of or arranging for the disposal of hazardous waste in Monticello Township.

A trial date in that case has been set for March 3.