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Department of Justice Settles Environmental Case Against Dairyland Power Cooperative


MADISON - Attorney General J.B. Van Hollen announced today that his office has filed and settled an environmental enforcement action against Dairyland Power Cooperative ("Dairyland"). Dairyland agreed to pay $50,000 in penalties and costs to the State of Wisconsin.


Dairyland operates a number of power plants including a station in Alma, Wisconsin. In 2009, Dairyland shut down its permitted auxiliary boiler in Alma and commenced repair work on the boiler. As a backup during this overhaul, Dairyland installed a temporary boiler and operated it for approximately six hours to ensure that it operated properly. This was all done without prior notice to the Wisconsin Department of Natural Resources (DNR). Dairyland subsequently applied for an amended air permit for this activity. The civil complaint alleges that the installation of the temporary boiler and repair of the permitted auxiliary boiler required a construction permit from DNR. In addition, the temporary boiler should not have been operated without first obtaining an operation permit.


The settlement between the parties calls for Dairyland to pay forfeitures, costs and surcharges totaling $50,000. The settlement was approved by the Honorable Judge James J. Duvall, Buffalo County Circuit Court, on September 15, 2010.


"I'm pleased that Dairyland initiated contact with the DNR about its work at the Alma station, applied for an amended permit and continues to cooperate with the DNR. While it appears no harm to human health or the environment resulted from Dairyland's activities, major sources of air pollution need to comply with their permits and the State's regulations," said Attorney General J.B. Van Hollen.


The case was investigated by the Wisconsin Department of Natural Resources and Assistant Attorney General Steven Tinker prosecuted the case.