[co-author: Stephanie Kozol]*

On November 22, Wisconsin Attorney General (AG) Josh Kaul announced that his office settled a civil enforcement action against Paul Bugar Trucking, Inc. and its owner, Paul J. Bugar. Kaul alleged the defendants violated a Wisconsin Pollution Discharge Elimination System (WPDES) permit for the company’s nonmetallic mining operations in Clark County, WI.

The complaint alleged a total of five violations related to discharges from one of the company’s mining pits. According to the allegations, the company failed to collect representative water samples for testing prior to discharging; failed to conduct sampling of wastewater for oil, grease, and phosphorus; and failed to treat wastewater before discharging. As a result, it is alleged that the defendants exceeded pollution discharge limitations and failed to submit annual inspection reports.

In a press release issued by the AG’s office, Kaul was quoted as saying “[c]ompanies entrusted with WPDES permits must uphold their obligations under those permits. When those obligations aren’t met, Wisconsin DOJ is prepared to act to ensure that clean water is protected.”

To resolve the allegations, the company agreed to pay a total of $100,000 in forfeitures, surcharges, court costs, and attorneys’ fees.

Why It Matters

This is at least the second big win this fall for Kaul involving wastewater discharges, and the most recent in a long line of pollution actions resolved by the office. It is clear that pollution of all kinds is a priority for Wisconsin Department of Justice and will likely continue to be for the foreseeable future.

*Senior Government Relations Manager