GRAND FORKS North Dakota environmental regulators issued a major Grand Forks agricultural business a nearly $40,000 penalty late last year for multiple violations. State records show that another $200,000 in fines are available if the facility fails to comply with state-mandated changes.
State officials did not say if a more recent problem with the plant’s handling of its product could result in additional penalties. It is the latest development at a facility which has been a problem for city and state regulators many times since it was established two years ago. Many city leaders have also stated that the plant has suspended at most a portion its production to concentrate on compliance.
Red River Biorefinery is one of Grand Forks’ most recent additions in its north-end heavy industrial neighborhood. The key problem is revealed in documents from the state and refinery: the discharge valve at the refinery appears to have failed in the spring of 2021, allowing industrial waste to enter the stormwater system that drains into the English Coulee.
We found out that stormwater ponds were being contaminated by wastewater, Diana Trussell, solid-waste program manager for the Department of Environmental Quality, stated. They were no longer stormwater-ponds. That would have required either a permit, or a surface impoundedment.
The incident is described in documents filed with the North Dakota Department of Environmental Quality. These documents were obtained through an open records request. They also detail the accusations of the state that Red River Biorefinery supplied byproducts for agricultural purposes without the appropriate state approvals.
A deal was reached with the state that saw the biorefinery pay a $39 223 fine and waive another $200,000 if it complies with state regulations.
The facility is actively working alongside the agency to resolve all issues. Trussell also stated that they have hired a consultant to help them through this process. This enforcement action and any other enforcement action have the ultimate goal to bring compliance back. It is not an easy task.
Grand Forks water works director Melanie Parvey said that although it is not clear how much waste made its way to the English Coulee she said it was not enough to pose any health risks to wildlife or residents. Parvey said that Red River Biorefinery was prohibited from releasing stormwater into the city’s stormwater system unless it proves that its discharges are clean enough.
Parvey explained that we have a compliance program. You need to follow these steps to make this happen. So far, we have not received anything from them that would make us feel comfortable with them being connected.
Red River Biorefinery senior official Keshav Rajpal said in an email that unplanned discharges resulted from a mechanical problem at the plant.
He said that the facility implemented additional measures immediately to prevent stormwater from being unplanned and also made plans for improvements in its mechanical systems. Rajpal said that the refinery was working with the state in order to ensure the proper management of its coproducts.
The plant, which was inaugurated in 2020, was billed as an innovative bioethanol refinery. It turned local ag scrap into ethanol. The COVID-19 pandemic quickly disrupted travel plans and markets. One of the plant leaders explained to City Hall that the refinery had purchased peastarch for its processes and was moving away from ethanol fuel in favor of hand sanitizer grade products. Their website now lists both products as well as animal feed and renewable natural gases. A shipment of equipment was delayed due to travel restrictions.
Grand Forks residents know a part of the story through smell. The plant produced unusually strong wastewater discharges during its first summer of operations. These wastewaters have subsequently flowed into city processing facilities, such as its open air wastewater lagoons. The result was a strong odor that lingered in Grand Forks throughout the summer of 2020.
Red River Biorefinery incurred $1.33 Million in fees for its wastewater discharges in 2020. In October 2020, the City Council decided to levy $588,000. The facility was placed on a payment plan to pay that amount, plus interest, but it briefly fell behind in payments of $56,000 in late fees to city by August 2021.
Maureen Storstad, City Finance Director, stated that the entire bill, including penalties was paid last year. A subsequent payment plan for city services, which was levied in September, was also paid early.
Another problem with the refinery was discovered in January 2021. After receiving a bad batch biomass, city leaders suspended load parameters to the plant wastewater.
Company staff are replacing the problematic biomass. The Herald reported at the time that it would take around 10 weeks to return to the city the amount of pollutants and suspended substances the plant sends.
Parvey, the official of the city waterworks, stated that facility leaders had recently informed Parvey that they had recently changed the refinery’s focus to compliance purchasing equipment that will help with wastewater treatment. This is in response to recent waste problems at the refinery.
Recently, the Department of Environmental Quality sent a cease-and desist letter to the refinery in December asking it to stop what it called dumping of wastewater into a gravel pit in Grace Township, Grand Forks County.
The letter stated that a refinery official had told the department that it sells wastewater to third parties that dispose of it. The letter stated that neither refinery nor third party have the permits.
Trussell stated she could not discuss this matter right now as it remains unresolved. She said that any impact it might have on Red River Biologics’ previous suspended fine of $200,000 will not be fully understood until that is resolved.
Rajpal’s response to the Herald did not address the cease-and DESIST letter.