The Tofte Wastewater Treatment Association, which serves Bluefin Bay Resort on Lake Superior, is the focus of a class action lawsuit alleging the North Shore resort’s wastewater system violated its permit regarding discharge of treated wastewater into Lake Superior.
Filing the lawsuit is a Minnesota company calling itself ‘Clean Water and Air Legacy.’ It claims to be “an organization formed for the purpose of advocating for clean waterways and air and the preservation of natural resources by seeking to ensure enforcement of the country’s environmental laws.” Paperwork filingsNote that the company is located in St. Michael, Minn.
WTIP tried to contact Clean Water and Air Legacy to discuss the complaint. Repeated calls from WTIP to Tyler Olson, the person listed as “agent” and “manager” for Clean Water and Air Legacy, went unanswered. The address for Clean Water and Air Legacy can be found at 4777 Lansing Avenue NE, St. Michael. Wright County recordsIt is a residential area. Tami Olson and Tyler Olson are listed as the owners of this address.
The organization doesn’t have a website and has no social media pages. It has only a corporate filing. Their company name appears in several similar lawsuits in which they claim environmental harm. Bois Forte BAnd of Chippewa and Prairie Island Indian Community.
The lawsuit against Bluefin from Clean Water & Air Legacy filing lists Patrick Michenfelder as “organizer.” Michenfelder is the attorney representing Clean Water and Air Legacy, so if the court granted the request for a class action lawsuit, Michenfelder would be counsel for the class action group. WTIP calls to Michenfelder’s law firm, Throndset Michenfelder, LLC were not returned.
Michenfelder he was the subject of legal actions He was publicly reprimanded in November 2020 by the Minnesota Supreme Court. Michenfelder was the subject of 270 lawsuits filed under the Americans With Disabilities Act (ADA), on behalf of Midwest Disability Initiative. FOX 9 Twin Cities is based in Twin CitiesAbout frivolous lawsuits.
In its class action lawsuit against Bluefin, Clean Water and Air Legacy allege that the Tofte Wastewater Treatment Association violated a water permit over the course of more than 300 days since November 2018, discharging “mercury, fecal matter, coliform, and suspended solids” into Lake Superior.
WTIP spoke to Stephen Mikkelson, spokesperson for MPCA, who confirmed that incidents at the Tofte Wastewater Treatment Association were not within the limits allowed by MPCA and federal Environmental Protection Agency guidelines.
Mikkelson said from the MPCA’s perspective, these incidents were minor. He said, “What occurred was daily reports that the PCA received indicated some exceedances in some effluent discharges. They were very minor. We have many tools in our toolbox to enforce, depending on the severity of violations and what happened. This puts it in perspective. It’s a minor, routine occurrence on our enforcement tree. It is not a significant human health threat. It isn’t an ongoing situation.
He added, “And really not a major impact to the environment. I know people probably don’t want any impact to the environment, but what occurred here is pretty low level in our enforcement world.”
The Tofte Wastewater Treatment Association began operations in 1998 and Mikkelson said the facility has not had any “major or significant violations” over the years. He said the treatment plant received a “letter of warning” in 2014 and corrective action was taken.
The MPCA last visited the site in 2017. The MPCA relies on Tofte’s wastewater staff to provide its reports. WTIP questioned Mikkelson about the training required for wastewater treatment plants.
“The certifications or to get certified is pretty extensive training. Operators must also undergo retraining and refresher classes on a regular basis to renew their certification. And other trainings are made available to them on annual basis, so they’re constantly having further education and being recertified on a regular basis,” said Mikkelson.
Mikkelson stated that a complete record review was done in November 2021. Because there were several incidents in which the Tofte wastewater treatment association exceeded allowable levels, it was ordered by the MPCA to enter into a compliance agreement. WTIP obtained the compliance agreement which includes a table that lists 12 dates on which the Tofte plant exceeded “permitted effluent limits” between November 18, 2018 and August 1, 2021.
Tofte wastewater treatment association was given 30 days to submit a standard operating protocol (SOP) in response to any future effluent limits violations. Mikkelson reported that the Tofte Wastewater Treatment Association provided a copy of the SOP to WTIP. The SOP details daily, weekly, monthly and preventive actions at the treatment plant.
Despite not imposing any financial penalties at this time, the MPCA retains the right to exercise its emergency powers and impose harsher penalties for repeated violations of environmental laws.
Mikkelson told WTIP, “This Bluefin Bay facility has been operating for a long time, and they have not had any major violations that would have caused any kind of public health concern. They would take the appropriate measures if that were to occur. They would be held responsible for correcting any errors. If there was a public health risk, the PCA would work with agencies like the Department of Health to inform the citizens of the area about the situation and when it would be remedied.
“But as it stands, you know, Bluefin Bay, is in good standing, and they’re operating according to their permit and have been very good actors in, in the community and for the environment up there,” said Mikkelson.
While the MPCA is satisfied with the Tofte Wastewater Treatment Association’s and Bluefin Bay Resort’s corrective actions, Clean Water & Air Legacy continues to pursue its class-action lawsuit under the federal Clean Water Act.
According to the complaint, the filing represents a class action membership that includes “at least one individual who resides in the state of Minnesota and has, for many years, visited and enjoyed the quietude and natural beauty of the North Shore, including visits to Tofte Town Park.” The complaint states that the violations of effluent discharge limits “lessen the aesthetic and recreational values of the North Shore in and near Tofte and diminish this person’s enjoyment of the North Shore in and near Tofte, Minnesota.”
Clean Water and Air Legacy file asks the court for a declaration that the defendant (Tofte wastewater treatment association) has violated the Clean Water Act and for the court to order the defendant comply with its NPDES permit and abstain from further violations. The filing asks for a court to impose a civil penalty on the defendant and award the plaintiffs (Clean Water and Air Legacy), its costs of litigation.
WTIP also reached out to Bluefin Bay Resort Owner Joe Swanson, who declined to comment on the lawsuit, but said, “We recognize that it’s a privilege and responsibility to take care of Lake Superior. This responsibility is taken very seriously by all the residents of Cook County, its visitors, as well as Lake Superior lovers around the world. We rely on, and happily comply with the MPCA monitoring system to ensure that we are being responsible stewards of this shared resource.”
The First website to publishLaw Street Media is a group that monitors the situation. Nearly all their posts concern lawsuits, legal action, and settlements. WTIP was contacted Law Street Media officialsI emailed them to find out more about their approach to journalism, but they did not respond. Boreal.org, another website, is located in Grand Marais. This article has been posted verbatim without providing context or background about Clean Water and Air Legacy, referring to them as an “environmental group” in the headline.
WTIP’s Joe Friedrichs contributed to this report.
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