Attorney General J.B. Van Hollen Announces Judgment Requiring J.P. Cullen & Sons, Inc., to Pay $25,000 in Penalties for Environmental Violations

MADISON — On September 20, 2011, Rock County Circuit Court Judge Michael R. Fitzpatrick ordered judgment against J.P. Cullen & Sons, Inc., of Janesville, requiring it to pay $25,000 in forfeitures, mandatory court costs and surcharges to the Rock County Clerk of Courts for a series of asbestos violations.

According to the civil complaint, J.P. Cullen bid on and won the general contract let by the City of Janesville to renovate the interior of its public building located at 18 North Jackson in the City.

The City had identified in its plans and specifications the presence of asbestos in pipe elbows and mastic but not in ceiling materials. J.P. Cullen did not inspect the ceiling for asbestos prior to its demolition.

During the 2005 renovation, J.P. Cullen employees demolished a plaster ceiling on the first floor of the Municipal Building, which was subsequently found to contain asbestos. The complaint alleges that the demolition of the asbestos-containing ceiling violated Wisconsin law because it had not been thoroughly inspected prior to its demolition and, as a consequence, J.P. Cullen failed to notify the DNR at least ten working days prior to commencement of its renovation activity.

In addition, various required asbestos handling procedures and supervision requirements were not followed during the removal of the ceiling. Once the asbestos debris was discovered, renovation stopped and the site was properly abated.

Assistant Attorney General Steven Tinker represented the State.

Copies of the Judgment and the Stipulation and Order for Judgment are available at the following links: