Motion-Secondary: Minnesota Pollution Control Agency vs A&A Recycling, LLC

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                                73-CV-24-2501




STATE OF MINNESOTA                                                           DISTRICT COURT

COUNTY OF STEARNS                                              SEVENTH JUDICIAL DISTRICT

                                                                  Case Type: Civil Other/Misc.
 Minnesota Pollution Control Agency,                                  Court File No.: ________

                        Petitioner,
                                                                  ORDER FOR ENTRY OF
        vs.                                                ADMINISTRATIVE ORDER AS AN
                                                                  ORDER OF THE COURT
 A&A Recycling, LLC,

                        Respondent.

       This matter came before the Court on the application of the Petitioner for an Order for

Filing of Administrative Order as an Order of the Court. Petitioner appeared by its attorney,

Christina Brown, Assistant Attorney General; the Respondent __________. Having considered

the arguments of counsel and parties, all the files and records of proceedings herein, the Court

makes the following Findings of Fact, Conclusions of Law, and Order for Judgment:

                                      FINDINGS OF FACT

       1.      On January 11, 2023, the Minnesota Pollution Control Agency (MPCA or

Petitioner) issued an Administrative Order to Respondent A&A Recycling, LLC, (Respondent) for

violation of certain hazardous and solid waste regulations.

       2.      The Administrative Order ordered Respondent to take corrective actions as

specified in the Administrative Order.

       3.      MPCA sent the Administrative Order by certified mail and Respondent received

and signed the return receipt.

       4.      The Administrative Order notified Respondent of the right to judicial review of the

Administrative Order.

       5.      Respondent did not timely appeal the Administrative Order.
                                             73-CV-24-2501




         6.     To date, Respondent has not completed the corrective actions required in the

Administrative Order.

                                    CONCLUSIONS OF LAW

         1.     Venue in Stearns County District Court is proper pursuant to Minn. Stat. § 542.09

because the cause of action or some part thereof arose in Stearns County.

         2.     Respondent received proper notice of the issuance of the Administrative Order and

the right to request judicial review of the Administrative Order. Respondent did not request

judicial review.

         3.     Respondent has not completed the corrective actions required by the Administrative

Order.

         4.     Petitioner is therefore entitled to have the Administrative Order entered as an order

of the district court.

         WHEREFORE, IT IS HEREBY ORDERED:

         1.     The Administrative Order issued January 11, 2023, to Respondent is hereby ordered

to be entered as an Order of the district court.

         2.     This Court shall retain jurisdiction to resolve disputes that arise from this Order and

to order such further relief as may be necessary to effect Respondent’s compliance with this order.

         3.     Within 30 days of the date of this Order, Respondent shall complete the corrective

actions as set forth in the Administrative Order, which is hereby incorporated as part of this Order.

         4.     Within 35 days of the date of this Order, Respondent shall provide notice in writing

to the MPCA that it has completed all corrective actions set forth in the Administrative Order, and,

where applicable, submit any documentation evidencing such completion.
                                          73-CV-24-2501




       5.      If the MPCA does not receive Respondent’s written notice of completion of the

corrective actions or if the MPCA does receive such notice and determines that the corrective

actions have not been satisfactorily completed, the MPCA shall notify the Court. Upon receipt of

notice from the MPCA, the Court shall issue an Order to Show Cause requiring Respondent to

appear before this Court at a date and time to be determined by the Court to show cause why a

finding of contempt should not be made.

       6.      Judgment is not stayed pursuant to Rule 125, General Rules of Practice for the

District Court. The Court Administrator shall promptly enter judgment upon receipt of the signed

court Order.

       THERE BEING NO JUST REASON FOR DELAY, LET JUDGMENT BE

ENTERED IMMEDIATELY.

 Dated:___________________
                                                Judge of District Court