State, Hutchinson strike pipeline accord

By KURT NESBITT

Journal Staff Writer

ST. PAUL -- Allegations over improperly repaired drainage tile against the Hutchinson Utilities Commission led the state Environmental Quality Board to strike an agreement with the city instead of suspending Hutchinson's permits outright.

The EQB, which approved the permits that allowed the city to start construction in March, approved an agreement with the city on Tuesday with a unanimous vote, fining it $10,000 for breaking a part of an agricultural impact mitigation plan that specifically calls for the city to repair any drainage tile cut during construction in a specific way.

Approximately 95 percent of the 89-mile natural gas pipeline is in the ground even though gaps remain in six places where courts have made rulings preventing construction. The line runs from Trimont to Hutchinson and crosses five counties.

Allegations about the cut drainage tile first reached EQB ears early in October. The board heard from the city and landowners at an Oct. 16 meeting, where representatives of the city gave an update on the project's progress and landowners talked about other allegations that the city was not following the plan. The EQB and the Minnesota Department of Agriculture have launched a joint investigation into the remaining allegations, said Alan Mitchell of the EQB.

The EQB board approved the agreement and did not consider suspending Hutchinson's permit, which, according to Mitchell, could have happened had the board not accepted the agreement. However, he said EQB could still suspend, change or revoke the permit if the investigation finds further violations. He said the agreement only applies to the drainage tile that was cut and not to other alleged violations.

The agreement says Hutchinson will have to contact each landowner and tell them about opportunities either to have the buried pipe replaced or to get a cash settlement from the city to pay for repairs. Landowners will have until Nov. 1, 2004, to accept the city's offers. The agreement ends in 2013. Hutchinson will pay $500 for each violation afterwards. In turn, the EQB agreed not to sue the city or suspend the pipeline routing permit.