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RESOLUTION AUTHORIZING CITY OFFICIALS TO EXECUTE A STIPULATION AGREEMENT WITH THE MINNESOTA POLLUTION CONTROL AGENCY RELATED TO ALLEGED VIOLATIONS OF MINN. R. 7050.0210, GENERAL WATERS OF THE STATE, FOLLOWING THE TISCHER CREEK FISH KILL.
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CITY PROPOSAL:
RESOLVED, that the proper city officials are authorized to execute a stipulation agreement substantially in the form of the attached Exhibit A, to resolve alleged violations of Minn. R. 7050.0210, Subp. 2, following the release of approximately 1.7 million gallons of potable water and subsequent Tischer Creek fish kill, in exchange for previously completed updates to city Stormwater Pollution Prevention Program (SWPPP) policies and procedures and payment of a $12,000 administrative penalty to the Minnesota Pollution Control Agency (MPCA), payable from fund 535-500-1915-5441.
Statement of Purpose
STATEMENT OF PURPOSE: On August 2, 2024, the MPCA observed and documented a fish kill that occurred on July 31, 2024, in Tischer Creek located in the City of Duluth. Further investigation by the MPCA and City revealed that the fish kill was the result of City of Duluth Department of Public Works and Utilities maintenance activities at the Woodland Reservoir, which released approximately 1.7 million gallons of potable water to a section of the city storm sewer system on July 31, 2024, and ultimately drained into Tischer Creek. The potable water contained chloramine, used to disinfect drinking water. Chloramine concentrations in the released water, which were normal and safe for human consumption, were lethal to brook trout and other fish. The purpose of the stipulation agreement is to resolve MPCA’s allegations that the City’s above-described actions violated Minn. R. 7050.0210, Subp. 2 through mutually agreed upon (and previously completed) corrective actions and payment of a $12,000 administrative penalty.