SWATARA — The Department of Natural Resources has come to a nearly $3 million enforcement agreement with Enbridge Energy for the fourth confirmed aquifer breach related to the Line 3 replacement project.
According to the DNR, Enbridge reported an upwelling of groundwater at the Moose Lake site near Swatara in Aitkin County in August 2022.
The groundwater flow of 10 to 15 gallons per minute was much lower than the other confirmed breaches, which ran between 100 and 300 gallons per minute.
The DNR determined early in its evaluation that it would not be feasible to completely stop the flow of groundwater due to the peatland terrain, complex hydrology and potential for additional damage to the area’s natural resources.
Over the next year, Enbridge stabilized the site under DNR oversight.
The agreement closes the DNR's enforcement related to the Moose Lake site. The agency will continue to monitor conditions at Moose Lake and along Line 3.
Enbridge completed the controversial replacement of its oil pipeline in 2021, shifting much of the route some 30 miles south.
Leanna Goose is an organizer for the Rise and Repair Alliance, which advocates for climate justice and Indigenous rights. She called the enforcement "ridiculous," pointing to the amount of the penalty relative to Enbridge's value and the amount of water wasted by the aquifer breaches.
"[The fines] amount to them paying for less than a penny of their net worth and will have no real impact on Enbridge's long-term behavior," she said in a written statement.
“ ... That is unacceptable. Penalties should reflect the true value of the resources lost and be substantial enough to ensure this kind of waste is not repeated.”
The DNR said Enbridge agreed to:
- Fund $1.2 million in supplemental environmental projects, to be selected by the DNR, to benefit natural resources.
- Pay $300,000 in civil penalties to address violations associated with the aquifer breach.
- Fund $100,000 for ongoing DNR monitoring of the Moose Lake site.
- Provide $1.2 million in financial assurance for mitigation of any potential future impacts that the breach may have on Moose Lake or other natural resources in the area.
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