Kenosha County Company Settles State Environmental Lawsuit Over Construction Site Violations For $85,000

TWIN LAKES - Powers Lake Construction Co., Inc., from Twin Lakes, has agreed to pay $85,000 to settle state claims brought for violations of Wisconsin's environmental protection laws at a construction site in Fredonia, Ozaukee County. 

Wisconsin law requires permits and the implementation of best management practices for land disturbance activities in, adjacent to or near wetlands and navigable waters, to ensure that state water resources are protected from pollution caused by erosion and storm water runoff. 

According to the complaint, Powers Lake Construction Co., Inc., undertook land disturbance activities including grading, landscaping, erosion control, and excavation at a development site known as Village Green on property west of Highway 57 in the Village of Fredonia, Ozaukee County.  The work was conducted without the proper erosion control best management practices required by the permits and state regulations, resulting in the discharge of sediments into Sauk Creek, Fredonia Creek and adjacent wetlands.  The violations took place in late 2006 and early 2007.

The complaint also states claims against Regency Hills Development Corp., the owner and developer of the Village Green property, and those claims remain pending.

Runoff pollution is the major source of polluted waters in Wisconsin.  "Wisconsin law requires that contractors properly manage construction sites to protect state waters," Attorney General J.B. Van Hollen said.  "The Department of Justice will continue to work with the DNR to ensure that Wisconsin's natural resources are protected through compliance with the law."

Assistant Attorney General JoAnne F. Kloppenburg prosecuted the case.  Ozaukee County Circuit Court Judge Tom R. Wolfgram approved the settlement.