Enbridge fined $3.32 million, DNR says it broke the law while building its Line 3 pipeline

Line 3 pipeline construction
A view of construction road for the Line 3 Pipeline project near the Mississippi River on September 4, 2021 in Park Rapids, Minnesota. Rep. Ilhan Omar was joined on a tour of the area today by other members of the House who oppose the construction of the oil pipeline. Photo credit Stephen Maturen/Getty Images

Enbridge, the Canadian natural gas company, has been ordered to pay $3.32 million by the Minnesota Department of Natural Resources after breaking environmental laws while building its Line 3 pipeline.

While constructing the controversial pipeline near Clearbrook, Minnesota, Enbridge dug too deep into the ground, piercing an artesian aquifer. The DNR described this as "unauthorized groundwater appropriation."

The incident happened in January and has caused 24 million gallons of groundwater to leak, endangering a nearby wetland.

"Enbridge's actions are a clear violation of state law, and also of the public trust," Barb Naramore, the DNR deputy commissioner, said, the Star Tribune reported." That is why we are using all of the tools in our authority to address the situation."

The DNR has ordered Enbridge to put $2.75 million into escrow for restoration and damage to the delicate wetland. The order also requires Enbridge to pay $300,000 to mitigate the lost groundwater and $250,000 for long-term wetlands monitoring.

Enbridge has also been fined $20,000 by the state, the maximum allowed under state law, the Tribune reported.

Enbridge could get out of paying the fine if it fixes the problem in the time allotted. It could also get some of the $2.75 million in escrow back if the remediation costs less. However, it could end up paying more if the bill is higher.

The pipeline has struck controversy throughout the summer as activists protested its construction, continuing a fight started in 2017. Hundreds have been arrested as activists fight to protect wetlands and lakes they say will now be subject to potential oil spills.

Enbridge said in a statement it had "just received the DNR's complaint and was reviewing it.

"Enbridge has been working with the DNR since June to provide the required site information and approval of a corrective action plan which is currently being implemented. We share a strong desire to protect Minnesota waters and the environment and are committed to restoration. We will continue to work closely with the agency on the resolution of this matter," the statement said.

Construction on the 340-mile Line 3 pipeline is 90% completed, Enbridge says. Once complete, it will carry Canadian crude across northern Minnesota to the company's terminal in Superior, Wisconsin.

The trench Enbridge is being fined for digging, they initially told the DNR it would only dig to a depth of 8 to 10 feet, but the company went down 18 feet and drove piling to a depth of 28 feet, which breached the aquifer, Naramore said.

"They dug deeper than they had represented to us in plans they sent for review," she said.

Enbridge did not report the breach to the DNR, Naramore said. But instead, the DNR discovered the issue in mid-June.

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Featured Image Photo Credit: Stephen Maturen/Getty Images