SAINT PAUL, Minn. — A Ramsey County judge ruled the Becker Northern Metal recycling plant can "not" open yet following last week's massive fire that burned for days, but the company’s Minneapolis site will stay open.
The Minnesota Pollution Control Agency (MPCA) argued after the fire in Becker, Northern Metal's site in Minneapolis should be closed down as well pending an investigation.
Judge John Guthmann disagreed, ruling that the Minneapolis site had nothing to do with the fire and as long as the company follows local ordinances the site should be allowed to stay open.
In Becker, the judge felt the case was outside his jurisdiction, so he's passing the case on to the Minnesota Court of Appeals.
Until that ruling, the site will stay closed until the MPCA finishes its investigation.
Environmental advocates were happy with the news, but at the same time frustrated the judge is allowing the Minneapolis site to open up again.
The judge argued the Minneapolis site is only being used for storage and since it had nothing to do with the fire, it should be allowed to stay open.
Attorneys with the Minnesota Center for Environmental Advocacy disagree.
"There's an outstanding code violation right now that the city of Minneapolis cited them for twice on two separate inspections," attorney Evan Mulholland says.
That code violation in Minneapolis was for stacking scrap metal higher than 20 feet.
Judge Guthmann felt that issue is being handled by the city of Minneapolis, with city inspectors scheduled to visit the site next week.
If Northern Metal fails that inspection Mulholland says the Minnesota Center for Environmental Advocacy will push the city of Minneapolis to file its own restraining order to close down the site.
As for the Becker facility, Northern Metal could file an appeal to try and open it up again.
For now, the site will stay closed until the MPCA says it can open.
Here is the MPCA’s statement on the ruling:
Following today’s hearing, the MPCA’s administrative order dated February 21, 2022, remains in full force and effect with respect to the Northern Metal Recycling facility in Becker. That administrative order prohibits Northern Metal Recycling from accepting any scrap metal at its Becker facility until certain requirements are met, and further prohibits Northern Metals from operating its metal shredder and some other associated equipment at its Becker facility until specific steps are taken. With respect to the Northern Metal Recycling facility in Minneapolis, the Court ruled that the MPCA had not demonstrated that current operations constituted an imminent and substantial danger; Northern Metal Recycling’s Minneapolis facility remains open at this time.
Here is Judge John Guthmann’s official ruling:
1. With regard to Northern Metals LLC’s Becker facility, the February 21, 2020 administrative order issued by the Minnesota Pollution Control Agency (“MPCA”) falls outside the scope of the March 15, 2017 Consent Decree as amended. Therefore, for all issues related to the Becker facility, this court lacks jurisdiction and Northern Metals LLC’s motion is DENIED. If Northern Metals LLC feels aggrieved by the administrative order, its sole remedy is to file an appeal in accordance with Minnesota Statutes Chapter 14. Minn. Stat. § 116.11 (2018).
2. Northern Metals LLC’s ongoing Minneapolis scrap metal storage operation falls within the scope of the March 15, 2017 Consent Decree as amended.
3. As it relates to Northern Metals LLC’s Minneapolis scrap metal storage operation, the MPCA issued its February 21, 2020 administrative order in violation of the March 15, 2017 Consent Decree as amended.
4. If the court considers the MPCA’s motion opposition to be a motion for a temporary restraining order under Minn. Stat. § 116.11 (2018), the court concludes that the MPCA failed to make the threshold showing of irreparable harm so its motion is DENIED.