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MADISON — Amy and Gary Wimann, who own and do business as Newport Steakhouse near Wisconsin Dells, have been ordered to pay $5,237 for violations of Wisconsin's safe drinking water act. Wisconsin law requires that people who serve well water to the public test that water to ensure that it is safe to drink.
As owners of a restaurant that serves well water to the public, the Wimanns are required to sample that water for nitrate and bacteria every year. The State of Wisconsin charged, and the Columbia County Circuit Court found, the Wimanns liable for failing to timely sample their water in 2007, 2008 and 2009. The Court also found them liable for failing to post and provide public notices alerting their patrons that the water had not been tested. By failing to give notice, the Wimanns denied people the information they need in order to determine for themselves whether they wish to accept the risk of consuming untested water. In addition, the Court found the Wimanns liable for failing to pay the State Laboratory of Hygiene to test a sample for nitrate, so the sample results remain unknown.
Assistant Attorney General Diane Milligan represented the State.
Copies of the Judgment and the Order Granting Summary Judgment are available at the following links: