MPCA apologizes for gag order on Carver County commissioner

Bruce Bisping, Star Tribune

Carver County Cmmissioner Tom Workman

Carver County Commissioner Tom Workman had been told not to talk about septic system issues at a county-owned facility.

By HERÓN MÁRQUEZ ESTRADA, Star Tribune

Last update: October 28, 2009 - 11:42 PM

Print this story

Follow local news on Twitter

Carver County Commissioner Tom Workman has received an apology from the head of the Minnesota Pollution Control Agency over a letter of warning the agency had sent him ordering him to stop commenting on the legality of a septic system at a county-owned facility in Waconia.

"I apologize for any confusion or inconvenience the [letter of warning] may have caused," MPCA Commissioner Paul Eger wrote to Workman in a letter dated Oct. 22.

The apology letter came about a week after Workman received what amounted to a gag order from Pollution Control investigators, who told him to cease and desist from making comments about the septic system at the Waconia Events Center, as the ballroom is formally known.

Clarence Menke, a senior pollution control specialist at the agency, had written the warning letter because Workman had expressed his belief that the septic system at the Waconia ballroom, which was purchased by the county last year for $2.5 million, is illegal. Workman contends that the system is closer than 36 inches to the groundwater level, in violation of state requirements.

Workman had filed a complaint with the Pollution Control Agency, which responded by ordering the county to conduct an independent investigation of the system and report the results to the agency by Nov. 4.

But then Workman received the letter of warning from the agency taking issue with him because he had "generated and/or provided written materials to the MPCA to support [his] earlier statements that the [system] was not in compliance."

"The compliance status of [a system] can only be determined by a person who is certified and licensed ... as an inspector," the letter stated.

Workman said he simply has been doing his job as a county commissioner.

In his apology letter Eger wrote: "The letter of warning was not intended to limit your rights to vocalize concerns or comments, either publicly or privately. However, after further review and consideration, the MPCA has decided that the letter could be interpreted that way."

The apology comes as the county is seeking an extension from the agency on its deadline for a new inspection of the ballroom septic system.

The county wants to have two inspectors do the testing, but it has not been able to get quick responses from inspectors because of the specialized nature of the work, environmental officials said.

Heron Marquez Estrada • 612-673-4280

Recent West Metro stories

Wandering wallaby Waldo is found dead - October 28, 2009

Wandering wallaby Waldo is found dead - The Savage family's pet, missing for weeks, likely died of liver failure, his owner says. "At least we have closure." More