MADISON (Press Release) — On Tuesday the Wisconsin Department of Justice (DOJ) announced the settlement of an environmental lawsuit filed in Price County Circuit Court.
The State of Wisconsin brought this case against Otto,
Duane, Randall and Darren Vyskocil for violations of state laws that prohibit
unlicensed transporting and storage of solid waste, and failing to determine if
that waste was hazardous, and transporting hazardous waste without a license.
The Department of Natural Resources (DNR) investigated a
complaint of illegal hauling and dumping of debris by Randall, Darren and Duane
Vyskocil, owners of Vyskocil Brothers Builders, in Phillips, Wisconsin.
The dumping occurred on property owned by their father, Otto Vyskocil, making
it an unlicensed solid waste facility. On arrival, Otto Vyskocil allowed the
DNR wardens to inspect the debris. The debris piles were approximately 62 yards
long, 19 yards wide and six feet in height. The debris, consisting of wood,
glass, shingles, tin, plaster, paint cans and solvent cans came from the
destruction of a local store. Duane Vyskocil admitted he and his
brothers, Randall and Darren, were demolishing a store and burying the debris
on Otto's property.
Later, the DNR wardens observed the Vyskocil brothers
demolishing two other buildings and transporting and dumping the debris on a
different farm site. The piles contained wood, painted wood, tin,
shingles and insulation. Some of this waste included full paint and
solvent cans that Randall, Duane and Darren Vyskocil were required to
characterize and treat as hazardous. Randall, Duane and Darren had no
license to transport hazardous waste either.
Prior to the referral to the DOJ, the hazardous wastes were
removed and properly disposed of by the Vyskocils. After the referral,
the Vyskocils tested the disposal sites and the results showed that no soil or
groundwater contamination resulted from the illegal disposal activities. The Vyskocils agreed to pay penalties, costs and attorney
fees totaling $25,000 for these violations.
In order to protect human health and the environment,
Wisconsin law requires solid and hazardous wastes to be recycled or disposed at
licensed or approved facilities. For more information regarding waste
management in Wisconsin, go to the DNR website, Waste and Materials Management
homepage, http://dnr.wi.gov/topic/waste/
"The Department of Justice will continue to work with
the Department of Natural Resources to ensure that Wisconsin's hazardous and
solid waste laws are followed," Van Hollen said.
Assistant Attorney General Mary Batt represented the
state. Price Circuit Court Judge Douglas T. Fox approved the settlements
on November 26, 2012.
A copy of the Summons and Complaint, Stipulation and Order
for Judgment, and Judgment is available at the following link:
Complaint,
Stipulation and Order for Judgment, and Judgment
