Timeline: Water Gremlin's pollution violations and WCCO's investigation
WHITE BEAR TOWNSHIP, Minn. -- During a community meeting four years ago people who live in White Bear Township learned about the pollution coming from Water Gremlin, a plant that produces lead fishing sinkers and battery terminals.
The state slapped the manufacturing plant with $7 million in fines and corrective action in early 2019 for its elevated and unsafe release of the cancer-causing chemical TCE into the air and surrounding neighborhood for more than 15 years, violating its air permit.
Neighbors with cancer and those who lost loved ones immediately wondered if their health problems were connected to the plant's emissions.
Air emissions were reported using the honor system. In this case, trusting Water Gremlin's own self-reporting.
February 2019
MPCA, MDH begin investigation
The Minnesota Department of Health and the Minnesota Pollution Control Agency began an investigation into Water Gremlin in February 2019 after the company was found releasing high levels of TCE into the air.
The business was supposed to have pollution control equipment in place to remove the chemical from the air before it left the building, but that equipment hadn't been working since at least 2009 at the time.
The facility was inspected two or three times throughout this time period, but investigators didn't notice the flaw and the company didn't report it.
The MPCA was made aware that the company violated the air permit back in July 2018, but the company was only asked to shut down the coating process in late January 2019.
March 2019
Water Gremlin ordered to pay $7 million fine
The state of Minnesota reached a settlement with the manufacturing plant in March 2019.
Water Gremlin in White Bear Township was ordered to pay more than $7 million in fines and corrective action.
The company was instructed to pay the state $4.5 million in fines and work on community environmental projects.
Water Gremlin was ordered to do soil and groundwater testing and told it can no longer use the chemical TCE.
August 2019
Lawsuit filed against MPCA
An attorney representing people who lived near Water Gremlin in White Bear Township announced in mid-August 2019 that they were suing the Minnesota Pollution Control Agency.
The lawsuit alleged the MPCA had not turned over public records about the company, saying the agency had not provided information in "an appropriate and prompt manner."
The documents detail the dangers associated with the chemical released and the health concerns from the more than 100 people they represent. The lawsuit claims the agency has not provided information after repeated requests.
Water Gremlin ordered to cease coating process operations
Experts found the toxic chemicals TCE, DCE and lead in the air, ground and water on Water Gremlin's property in August 2019.
The Minnesota Pollution Control Agency issued an Administrative Order to shut part of the Water Gremlin facility down. It said the plant that manufactures fishing sinkers and battery terminals knew it was releasing the pollutant DCE below its facility, which is prohibited under its permit and the levels found were higher than what's safe.
The agency said at the time that it did not know if the pollution caused by toxic chemicals had migrated off the property.
Water Gremlin told WCCO it immediately ceased operations that use DCE upon receiving the administrative order and the company is working to address MPCA's concerns.
MPCA alleged that Water Gremlin knew about the new chemicals in the ground for more than a month before alerting the agency. That's a blatant violation of an agreement with the state.
Water Gremlin continues operations across state lines
In late August 2019, a WCCO investigation uncovered documents that indicated that Water Gremlin circumvented Minnesota authorities and moved across state lines.
A semi-trailer with the numbers 48700 sat outside Water Gremlin for hours. WCCO's Jennifer Mayerle watched as a driver with a blue cab later picked it up.
The transport happened in the midst of accusations of new pollution violations against Water Gremlin -- and the same day the MPCA ordered the company to stop its coating process at its White Bear Township facility.
Mayerle tracked the truck that left the manufacturing plant in White Bear Township across the state line. It drove about 30 miles east and into Hudson, Wisconsin. It pulled into the back of an office strip in the name of Hudson-based company, Hi Tec Finishing. Mayerle watched as crews unloaded equipment off the truck and moved it into the building.
WCCO discovered Hi Tec was helping Water Gremlin. Its permit application with Wisconsin's DNR, the regulatory agency there, reveals, "Hi-Tec Finishing is working with Water Gremlin, a Minnesota company, in an effort to take over their coating process."
It goes on to say the battery terminals are being manufactured in Minnesota, then will be shipped via truck to its new location in Hudson -- an area with apartments, homes and a park nearby.
Hi Tec told Mayerle that Water Gremlin approached them several months prior. It applied for the permit in late July, a month after Water Gremlin knew it had new pollution problems in Minnesota, and just days after it alerted the MPCA to them. That was another violation of its agreement. The permit was approved on August 6, 2019.
Days later, the company terminated its relationship with Water Gremlin as a result of WCCO's investigation.
Hi-Tec's management said that when they entered into the contract with Water Gremlin they were "unaware that the chemicals used to process the Water Gremlin products are alleged to be unsafe and unhealthy. Hi-Tec only became aware of this fact on August 26, 2019, after being advised by the local media."
September 2019
State watchdog starts investigation into MPCA
In September 2019, Legislative Auditor Jim Nobles said he would look into the MPCA's role in the Water Gremlin pollution investigation.
This came one week after Republican State Sen. Roger Chamberlain made the request.
The Ramsey County Attorney also announced around the same time that it would conduct a review of Water Gremlin, seven months into WCCO's investigation.
October 2019
Water Gremlin workers found to have exposed lead to families
In late October 2019, WCCO learned that plant workers at Water Gremlin had been bringing lead home, exposing their homes and families.
Amber Curry was alarmed when a health provider found that her 3-year-old daughter, Ja'Naea, had a concerning level of lead in her blood.
Ramsey County Health Department found Ja'Naea is one of 11 connected kids with a blood lead level over 5 micrograms per deciliter - the level where the county gets involved.
The county identified several children with high levels of lead in their blood that had parents that worked at Water Gremlin. The work with kids of Water Gremlin employees began in 2017.
MDH had the blood lead level information before major pollution problems were discovered at Water Gremlin. MDH did contact MnOSHA about the lead issue but never contacted the Minnesota Pollution Control Agency, the regulatory agency over Water Gremlin. The reason given: the exposure was from inside the facility and not a release into the community.
WCCO discovered Water Gremlin has a history of issues with lead and employees. Minnesota Department of Health data over the last five years at the time showed more than 75% of employees tested had blood lead levels over 5. A smaller percentage had levels over 25 micrograms per deciliter. But WCCO found lead level problems with employees date back 30 years.
In 2015, MnOSHA found two violations at Water Gremlin related to lead. A complaint resulted in the serious violations. Documents show MnOHSA found Water Gremlin did not provide or require personal protection equipment for temporary workers exposed to lead and inspectors found accumulations of lead on several surfaces.
Water Gremlin blamed the take-home lead on employee hygiene.
In November 2019, MDH found the number of children exposed to lead from Water Gremlin had reached 24 - twice as high as first reported.
Two children had blood lead levels so high they could require hospitalization.
November 2019
Water Gremlin ordered to close over lead concerns
Shortly after the discovery of high levels of lead in some workers' children, the state ordered the company to temporarily cease operations involving lead production. This came after an on-site visit by the Department of Labor and Industry.
Commissioner of the DLI, Nancy Leppink, said the inspection found conditions and practices relating to lead exposure that were deemed to be a cause for concern.
The Governor's office called this the first step to shut down Water Gremlin indefinitely.
The shutdown lead some employees to protest outside the Minnesota State Capitol, saying they wanted to go back to work.
Initially, WCCO reported that the company would make workers take vacation time in order to get paid for their lost work, but Water Gremlin changed its mind and notified workers they would be paid during the shutdown.
After the 72-hour hold, the plant was allowed to resume operations at the beginning of November.
The state and the manufacturing plant argued over how much clean-up Water Gremlin should have to do before restarting operations and how quickly. For the health of kids, the state wanted the facility cleaned top to bottom, to add mobile showers and locker rooms and more.
The agreement reached between Water Gremlin and Judge Leonardo Castro in Ramsey County District Court required that the facility must retrain employees and clean up.
Operations restarted a week later with major oversight from the courts, DLI and the Minnesota Department of Health. The court mandated the company re-train employees on hygiene practices, clean their cars and clean work areas to eliminate the transfer of lead.
Documents filed in court in December 2019 showed that 40 to 50 cars required a second cleaning. The third-party monitor reports improvements have been made on employee hygiene spot checks, resulting in 97% compliance.
MPCA orders immediate changes to operations
As workers returned to the plant, the MPCA served Water Gremlin with a new administrative order that deals with hazardous waste, giving the company 24 hours to make some changes, and 30 days for others.
According to the MPCA, the agency determined Water Gremlin failed to comply with hazardous waste regulations that minimize the possibility of a release of hazardous waste at its White Bear Township facility.
According to the documents, inspectors found a number of violations involving oil, lead and TCE.
In just one instance, hazardous waste contaminated with TCE and lead was "observed on the floor." Employees were allowed to walk from inside to outside -- potentially tracking hazardous waste outside the facility, the document said.
A judge called the issues at Water Gremlin a "public health nuisance."
A week after the order was issued, the MPCA told WCCO that six action items were overdue - including management of hazardous waste streams and contacting police and fire to coordinate services in case of an emergency.
Around this same time, Walmart dropped Water Gremlin products from its shelves.
December 2019
Water Gremlin says lead problem stopped
In court in December 2019, the judge commended the company's reported 97% compliance with employee lead spot checks on hands, face, hair, neck and footwear.
Due to the progress, daily employee lead spot checks were allowed to be reduced.
A week later, the MPCA and other agencies outlined their plans to make sure Water Gremlin follows the new rules. Afterward, members of the public were able to submit questions, many asked why or how this happened.
Water Gremlin confirms 2 fires in one week
On Dec. 27, 2019, WCCO learned there had been at least two fires in one week at the White Bear Township manufacturing plant.
The company called the fires very minor and said employees put them out.
People who live near Water Gremlin said it smelled awful, different from normal, and it stung when they breathed in around the time of the fires.
WCCO confirmed there was a fire on Dec. 27 and Dec. 20 at Water Gremlin.
Water Gremlin reported the fires were related to a die cast machine used in production.
Firefighters and emergency personnel did respond to a fire at Water Gremlin in late June 2019 as well.
The Minnesota Pollution Control Agency said the fire was in the vent ducting equipment related to Water Gremlin's lead coating operation. The responding fire departments helped the production crew put it out with chemical extinguishers.
January 2020
Coating process allowed to resume
In mid-January 2020, Water Gremlin got the green light to resume the coating process - an operation shut down the summer before.
The MPCA administrative order ensures Water Gremlin keeps paying a third-party to monitor emissions, and it's required to limit its yearly emissions. The state says there are other safeguards, too.
February 2020
Legislature seeks to address Water Gremlin
At the beginning of the 2020 legislative session, DFL Representatives and Senators banded together to tackle the issues exposed by the Water Gremlin investigation, starting with a state ban on TCE. DFL Representative Ami Wazlawik was joined by Rep. Peter Fischer, Rep. Jamie Becker-Finn, Sen. Jason Isaacson and Sen. Chuck Wiger.
"We're also working on a package of legislation that will improve enforcement, hold polluters accountable, strengthen worker protections and expand opportunities for impacted communities to have their voices heart," Wazlawik said.
Ten or twelve bills were set to be introduced to start.
March 2020
Water Gremlin argues against cleaning workers' homes in appeals court
In an expedited hearing on March 4, 2020, Water Gremlin argued in the Minnesota Court of Appeals that it shouldn't have to clean its employees' homes.
Water Gremlin argued it isn't legally required to and would be cost-prohibitive to test and clean workers' homes for lead.
During the court hearing, an attorney for Water Gremlin said it's working on reducing lead on its White Bear Township property, but that's where the requirement ends.
The attorney for the Departments of Health and Labor and Industry strongly disagreed, saying Water Gremlin caused the lead migration and must be held accountable for the full clean-up.
May 2020
Minnesota bans toxic chemical TCE
In May 2020, Minnesota became the first state in the country to ban TCE following the Water Gremlin investigations.
As a result of the unwanted TCE exposure, the Neighborhood Concerned Citizens Group formed. Over the last year, with persistence, tenacity and a demand for accountability, the core four got the bill to ban TCE to the finish line.
"It's very exciting. Banning TCE is all about protecting human health," Sheri Hastings of the Neighborhood Concerned Citizens Group said.
The Senate passed the TCE ban near-unanimously, then the House voted, and the governor signed the bill into law, coming together in a bipartisan way to protect Minnesotans.
The law went into affect in mid-2022.
Private wells tested after harmful chemical found in groundwater near Water Gremlin
The MDH said in May 2020 that approximately 100 residents living near the Water Gremlin facility in White Bear Township would need their private wells tested for a potentially-harmful chemical.
According to the MDH, the chemical 1,4-dioxane was detected in the shallow groundwater on Water Gremlin's property at concentrations greater than MDH's water guidance value.
MDH collected water samples from 11 private wells in late January and early February 2020. Three of those 11 wells had low but detectable levels of the chemical.
As for White Bear Township's municipal wells, MDH collected samples of three wells in March 2020 and the chemical wasn't detected.
June 2020
Court of Appeals rules Water Gremlin responsible for cleanup
In June 2020, the Minnesota Court of Appeals ruled Water Gremlin responsible for lead testing and cleanup, saying the nuisance extends past the property line and into employee homes.
Pete Surdo with the Attorney General's office prosecuted the case for the state.
"The biggest fight that the court of appeals resolved was whether or not this lead dust that left the facility and went into people's homes could be a public health nuisance. The court of appeals said it is," Surdo said.
The opinion by the Court of Appeals set a legal precedent for future cases.
October 2020
Class action lawsuit filed against Water Gremlin
In October 2020, a homeowner in White Bear Township filed a lawsuit against the Water Gremlin manufacturing plant, alleging property damage.
Rob Sharot said the plant's actions threatened his home value.
Law firm Liddle and Dubin out of Detroit, Michigan has took on the class action case.
"It is one of the most egregious cases of pollution that I have ever seen," attorney Laura Sheets said. "This is impacting these people's ability to use and enjoy their homes. It's impacting their ability to sell their house."
The case alleged 4,000 homes in the area of concern, outlined by state health and pollution officials have suffered property damage as a result of the excessive TCE release. The concern is two-fold: lost home value and that buyers won't look in the area because of the attention the issue has gotten. Sellers must disclose the pollution to prospective purchasers.
February 2021
Legislative watchdog says MPCA failed to stop Water Gremlin pollution
A legislative watchdog found in early 2021 that the state failed to stop air pollution at Water Gremlin for more than 15 years.
Neighbors had questions about how the manufacturing plant could have polluted with TCE for so long. Legislators wanted answers from the Minnesota Pollution Control Agency too.
The legislative auditor's investigation began a year-and-a-half prior and resulted in a 64-page report that details where MPCA fell down on the job.
The inaction by MPCA resulted in the community being exposed to elevated and dangerous levels of the toxic chemical for more than 15 years.
During a committee hearing on the report in February 2021, legislators pushed for accountability with MPCA.
April 2021
Water Gremlin pays $325K penalty
In April 2021, The Minnesota Pollution Control Agency and Water Gremlin signed a stipulation agreement that requires the company to implement training and safeguards, as well as pay a $325,000 civil penalty.
The agreement recognized that the company, located in White Bear Township, failed to take reasonable steps to prevent pollutants and hazardous waste from leaking into the environment.
At the time, the company had completed 31 corrective actions regarding its handling of lead, lead-contaminated hazardous water, TCE-contaminated hazardous waste, used oil and used oil-contaminated materials.
April 2022
MDH says emissions may have increased risk of cancers, birth defects
For the first time, the Minnesota Department of Health said chemical emissions from Water Gremlin may have increased the risk of cancers and birth defects in the White Bear Township community.
The 89-page public health assessment details exposure to TCE.
Health officials told the community that air emissions released at the manufacturing plant may have increased their risk of some cancers, other medical issues, and heart defects in babies.
"It's liberating to hear it. It doesn't leave us with much consolation," said Page Stevens, who lives near Water Gremlin and lives with non-Hodgkin's lymphoma, one of the cancers named a potential health effect from TCE emissions.
The assessment also found that air inside Water Gremlin may be harming employee health, and lead exposure may have harmed their health and their families.
For most neighbors, MDH found chemical exposure may be too low to cause problems.
The state said it could review the community's cancer risk again, when more time has passed since the worst of the air pollution.
January 2023
Water Gremlin served with dozens of lawsuits
Nearly three years into WCCO's investigation, 95 civil lawsuits were filed accusing Water Gremlin of causing cancer, even death.
For the past few years after learning about TCE exposure, some wondered if their cancer could be connected to Water Gremlin. Now the lawsuits say the exposure is a direct cause.
The lawsuits allege people have suffered substantial damage as a result of the plant that makes fishing sinkers and battery terminals. And that Page Stevens was diagnosed with her cancers because of the TCE exposure in substantial part from the negligence of Water Gremlin.
In the wrongful death cases filed, the complaints link the cancer to TCE exposure, and their death to their cancer.
Not everyone who came forward with health concerns is part of the lawsuits. Some people did not have enough evidence to do so.
February 2023
Neighbors satisfied with proposed Water Gremlin permit
In February, the MPCA released its latest air permit for Water Gremlin.
The permit is designed to ensure history doesn't repeat itself, with emission limits, robust monitoring and inspection, and ways to calculate compliance.
"It's phenomenal to see that MPCA and MDH is standing behind the community," neighbor Sheri Smith said.
Stakeholders weighed in on the first draft over the summer. Water Gremlin pushed back. The Neighborhood Concerned Citizens Group and others pushed forward. MPCA made changes and bought it back to the community.
The MPCA called the permit legally defensible during a virtual community informational meeting.
April 2023
MnOSHA launches investigation into Water Gremlin
In April, the Minnesota Occupational Safety and Health Administration (MnOSHA) said it opened an investigation into Water Gremlin after receiving a complaint in March.
The content of the complaint and the result won't be made public until the investigation is complete.
The agency told WCCO "employees can notify MNOSHA to request an inspection when he or she thinks there is a violation of an OSHA standard that threatens physical harm to employees."
During an inspection, they could inspect areas for safety or health hazards and can interview the employer and employees, plus review any required training procedures and records.
Employee blows whistle on health hazards, safety violations
WCCO spoke to the worker at Water Gremlin that blew the whistle on what he says are systemic problems at the manufacturing plant. His concerns range from health hazards to worker safety.
Steven Wurtz has worked at Water Gremlin for 25 years and says since Water Gremlin got in trouble over pollution violations four years ago, he's tried to be part of the solution.
Wurtz says he's witnessed persistent problems. Lead tops his list.
Wurtz showed WCCO recent lead sampling results. Month after month, charts show lead levels above their goal in certain areas.
His concerns extend beyond lead. He worries about the safety inside.
"We have operators on the machines that are not supposed to be running machines by themselves, who are not training them," Wurtz said.
Another concern: he says he's seen violations with how chemicals are handled and transferred.
"When I went to my managers, I went to my boss for help to no avail, so I did reach out to MPCA, Ramsey County and of course OSHA. So yes, I did reach out because I wanted a change, I wanted it different," Wurtz said.
May 2023
Water Gremlin settles with family over child's lead poisoning
In May, the family of Ja'Naea Curry, the daughter of a former worker, reached a settlement with Water Gremlin over her lead poisoning discovered back in 2019.
The family brought a claim against the manufacturing plant for the take-home lead exposure. In a court document filed to keep the matter confidential, it says it is for "substantial proposed settlement funds."
Dean Salita, attorney for the family said, "The matter was resolved amicably."
June 2023
MPCA issues stricter air permit
In the latest development, Water Gremlin will now have to comply under a new, more restrictive permit.
The MPCA credited community engagement and the Neighborhood Concerned Citizens Group with issuing the more restrictive permit. In doing so, MPCA denied the plant's request for a contested case hearing.
"It means I can actually start looking forward and enjoy my home instead of being afraid of it," said Shelly Tripp, a who lives near the plant.
The company has to re-apply for the permit every 5 years instead the non-expiring permit it had, every detail designed to ensure history doesn't repeat itself.
MPCA is following through on a promise to better protect the community going forward.
A rare requirement of the air permit is the company has to meet with the community every year.
WCCO reached out to Water Gremlin for a statement. A spokesperson told WCCO they will provide a response once they have a chance to review the permit.
