Arcadia Sand, WI, and Mississippi Sand, have to pay $60,000 in forfeitures, court costs, surcharges and attorney fees for violations of a Wisconsin stormwater pollution discharge permit at their hydraulic fracturing sand mining and processing sites.
Attorney General JB Van Hollen obtained the judgment against Arcadia Sand which is operated by Mississippi Sand, Monday.
According to the complaint, the Arcadia Sand facility started operations in 2012. The site includes a berm and a stockpile storage area that separate the production portion of the site from a stream. The facility’s stormwater discharge permit requires that Arcadia Sand and Mississippi Sand install and maintain best management practices to control contaminated stormwater.
Prior to May 20, 2013, the berm and stockpile storage area were not covered with established vegetation, and therefore did not act as best management practices. During a May 20, 2013, storm event, the berm failed and the stockpile storage area eroded, which caused the discharge of berm material and sediment-laden stormwater into the navigable stream.
Shortly after the discharge, Mississippi Sand hired a new consultant that re-engineered the berm and properly vegetated the stockpile storage area. On August 26, 2013, the Department of Natural Resources determined that the facility was in compliance with its stormwater permit. At that point, the berm was repaired and the berm and stockpile storage area had erosion matting in place that would allow for the establishment of proper vegetation.