Wisconsin DNR wants work halted on bypass around Line 5 leak site
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The head of the Wisconsin Department of Natural Resources has called on Enbridge Energy to halt work on building a new stretch of its Line 5 pipeline around the site of a gas leak in Iron County, saying the company lacks state approvals.
In a Wednesday letter to Enbridge, DNR Secretary Karen Hyun said Enbridge has added to a growing list of environmental concerns and violations that demonstrate "disregard for the environment, human health, and the statutory authority of the department."
The DNR issued a notice of noncompliance to the company for conducting work on the bypass without state approvals, and the agency said it may consider enforcement action.
"Given that Enbridge has made decisions to prioritize restarting Line 5 without the necessary approvals from the department, the department requests that Enbridge halt construction of the bypass so Enbridge can prioritize addressing the unresolved spill at the (natural gas liquids) spill site," Hyun wrote.
"Further, the people of Wisconsin expect and deserve that Enbridge takes the actions necessary to restore the environment and minimize the harmful effects of the discharge, especially with regards to the significant discharge of (volatile organic compounds) to the air," Hyun continued.
Hyun's letter underscores the state's continued frustrations with Enbridge after an Aug. 25 gas leak in Iron County. The company has said an unoccupied flatbed truck rolled into an open construction trench and struck the pipeline, releasing 1.3 million gallons of natural gas liquids into the atmosphere. WPR previously reported that federal data shows it's the company's and state's largest oil and gas pipeline spill in more than 50 years.
Enbridge spokesperson Juli Kellner said in a statement the Canada-based oil and gas company is working with the DNR on permitting, as well as environmental conditions at the site.
"Enbridge continues working towards both priorities related to the third-party line strike near Saxon, Wis. -- the safe control and remediation of the incident site and completing a temporary bypass to allow the pipeline to return to service, which will help resolve energy supply disruptions," Kellner said. "Around the clock work on both priorities is being done in parallel."
Kellner said Line 5 is critical infrastructure that delivers energy to millions of people in the Midwest and Great Lakes region.
Rob Lee, an attorney with Midwest Environmental Advocates, said in a statement that Enbridge has shown "extraordinary disregard" for Wisconsin environmental laws.
"Enbridge cannot simply decide that getting Line 5 back in service is more important than following Wisconsin law," Lee said. "They've been out there moving earth, crossing waterways and disturbing wetlands without permits. They need to stop treating environmental requirements as obstacles to work around and start following the law."
Enbridge notified the DNR on Sept. 4 that the company was considering a temporary bypass around the site to restore service to the pipeline, according to a separate letter Wednesday.
On Monday, the company told the DNR it was moving forward with construction. The agency had informed Enbridge that permits would be required prior to construction.
"Enbridge has been notified on multiple occasions that authorization would be required before commencing construction, but Enbridge has not received said authorization as of this writing," wrote Kyle McLaughlin, the DNR's integration services section manager.
On Tuesday, DNR staff visited the site and observed matting in wetlands and activities that weren't covered under the company's existing construction site stormwater permit. The agency also observed three bridges that had been placed across an unnamed tributary to Spoon Creek, as well as insufficient erosion controls. The agency stressed that written authorization is required before conducting work in wetlands and over waterways.
While Enbridge has permits for the Line 5 reroute, the DNR said work on the temporary bypass lies outside of the covered area. The company is required to notify the agency at least five business days before changing any plans as part of construction.
McLaughlin said the DNR informed Enbridge on three separate occasions that amendments may be eligible under its construction site general permit, but additional documents submitted by the company remain under review.
"This proposed work may also require authorization from the U.S. Army Corps of Engineers, Iron County, and/or the Town of Saxon. We strongly recommend that you contact them to determine whether other approvals are needed," McLaughlin wrote.
In her letter, Hyun also highlighted additional spills since Enbridge resumed construction on its Line 5 reroute after the company's temporary halt to reinforce safety practices. The company has had at least five spills of drilling fluid, or frac-outs, since work began.
"Based on this pattern of noncompliance demonstrated by Enbridge, my concern over the environmental impacts of Enbridge's activities over the past weeks has only heightened," Hyun wrote.
Environmental groups had urged the state to do more in response to the gas leak, including calls Thursday for Gov. Tony Evers to halt work on Enbridge's $1 billion reroute of Line 5.
The federal Pipeline and Hazardous Materials Safety Administration has issued a corrective action order to Enbridge related to the leak. The order requires the company to submit the failed section of pipe to a third-party lab for mechanical and metallurgical testing. Enbridge must also submit a third-party analysis on the cause of the line's failure and whether similar conditions exist elsewhere on Line 5.
The federal agency previously did not respond to questions about what approvals, if any, the company had received to move forward with its temporary bypass.