DNR asks Enbridge to stop Line 5 bypass work near Iron County spill site

The Wisconsin Department of Natural Resources is asking Enbridge to stop work on a temporary Line 5 bypass near the site of last month’s natural gas liquids leak in Iron County.

In a Sept. 9 letter sent to Enbridge, DNR Secretary Karen Hyun said she and Gov. Tony Evers remain “deeply concerned and incredibly frustrated” by Enbridge’s decisions and actions in Wisconsin.

Hyun first raised those concerns in an Aug. 27 letter to the company following the leak near Saxon.

“Since that time, Enbridge has continued to add to the growing list of environmental concerns and violations, demonstrating disregard for the environment, human health, and the statutory authority of the department,” Hyun wrote.

Along with the letter, the DNR sent Enbridge a notice of noncompliance, saying the company began work on the temporary bypass without the necessary state approvals.

Enbridge says the roughly 1,500-foot bypass would allow Line 5 to return to service while cleanup and repairs continue at the site of the Aug. 25 leak near Saxon. The company has said an unoccupied subcontractor truck rolled into an open excavation at a valve project and struck the pipeline, releasing about 1.3 million gallons of natural gas liquids (NGLs) into the atmosphere.

The department is asking Enbridge to halt the bypass and prioritize work at the spill site.

“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 NGL spill site,” Hyun wrote.

In an email to Civic Media, Enbridge spokesperson Juli Kellner said the company is continuing to work with the DNR on relevant permitting and separately on 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. Around the clock work on both priorities is being done in parallel. Line 5 is critical infrastructure delivering energy to millions of people in the Midwest and Great Lakes regions,” Kellner wrote.

According to the notice of noncompliance, Enbridge first notified the DNR Sept. 4 that it was considering the bypass. The agency told the company permits would be required before construction began. On Sept. 7, Enbridge told the DNR it was moving forward with the work.

The notice also states that DNR staff visited the site Sept. 8 and found matting placed in wetlands and land disturbance that wasn’t covered by Enbridge’s existing stormwater permit. A day later, staff saw more matting placed in wetlands and three bridges across an unnamed tributary to Spoon Creek, which the DNR determined is a navigable waterway under state law.

“As of the date of this letter, Enbridge does not have coverage for the land-disturbing construction activities associated with the temporary bypass, nor authorization or permits necessary to proceed with work within wetlands and in or over waterways,” wrote Kyle McLaughlin, the DNR’s integration services section manager.

The DNR says it will continue monitoring the site and document any additional noncompliance and may consider enforcement action.