Schellinger Construction has been issued a $15,000 fine for accidentally sending muddy water into Garnier Creek on Aug. 12.

Garnier Creek is a small trout stream adjacent to Tamarack Meadows, which is owned by Schellinger. The muddy water went into the creek as the company was pumping water out of nearby stormwater ponds.

The Flathead Conservation District Board found the spill in violation of the Natural Streambed and Land Preservation Act. The company was pumping water out of the ponds into a sprinkler system when mud plugged a pipe and the water blew a line. It was supposed to drain back into the pond, but a channel was blocked and the muddy water went into the creek, the company explained at the time.

The company said it self-reported the incident.

The creek ran muddy for a few days and had a mud slick visible on the bottom.

Contacted last week, Kyle Schellinger declined to comment on the fine itself,  but said the company would be consulting with the Montana Department of Environmental Quality on how to best proceed and mitigate the spill.

He said the company didn’t want to do anything that would cause more harm. The ponds, which have been under construction for several weeks, are now completed, with seeding and fabric designed to stem any future erosion.

The Conservation District did give the project what’s known as a 310 permit to construct the ponds, but the spill was outside of the scope of the pond project. The Department of Environmental Quality also approved the ponds.

Now Schellinger must submit a 310-permit application detailing restoration of the bed and banks of Garnier Creek by Oct. 6, according to Samantha Tappenbeck, resource conservationist with the Flathead Conservation District.

Technically the fine is $500 a day for every day of a violation, but the company won’t comply before the Oct. 6 date, thus resulting in the maximum penalty.

Even prior to the Aug. 12 event, the Department of Environmental Quality found several instances where the pond construction had not followed “best management practices” according to a violation letter sent Aug. 4 to the company.

“Best Management Practices were not properly installed to limit discharge from the site,” wrote John O’Bannon of the Department of Environmental Quality.

The company was required to install several measures to stem erosion by Aug. 15 or face possible penalties.

Neighbors have been unhappy with the subdivision from the beginning. When it was first approved by the city a few years ago, they claimed the development was too dense, compared to other housing developments in the area.

When its finished, Tamarack Meadows will be part of Meadow Lake Resort.