DNR issues notice of violation to Enbridge

The Wisconsin Department of Natural Resources issued a notice of violation to the Enbridge Energy Company for incidents in Iron and Ashland counties, where the company is working on a controversial reroute of its Line 5 oil and gas pipeline. 

The notice includes violations of permit conditions of the reroute construction project, and violations of state environmental laws for the unpermitted construction of a bypass around the Saxon Line 5 spill site. It covers laws involving state water quality, wetlands, navigable waterways, air quality, storm water and endangered resources protection.

The violations are alleged to have occurred from March 30 through Sept. 21 of this year. In August, a section of the pipeline leaked natural gas liquid near the town of Saxon, with drone video of the leak showing plumes of smokey vapor pouring out of an area where trucks and equipment were parked. Enbridge said that the leak occurred when an unoccupied truck rolled over an open excavation site near a valve project. Environmental groups fear that the leak could have been the largest of its kind in Wisconsin history.

The violation notice sets an enforcement conference, which is a standard step where the DNR and Enbridge will discuss the alleged violations. After the conference, the DNR can take further enforcement action such as issuing citations, referring the case to the Wisconsin Department of Justice for prosecution to seek forfeitures, or other court-related actions. 

A DNR press release notes that the notice of violation is separate from Enbridge’s responsibility under the spills law to respond to hazardous substances which may have been released during the August leak.

“These allegations are numerous and serious,” said Clean Wisconsin Attorney Evan Feinauer in a statement. “The DNR must now use the full force of its enforcement authority to hold Enbridge accountable and secure relief that addresses the significant harm to our environment Enbridge has caused.”

This article was updated with comment from Clean Wisconsin.