State Settles Price County Environmental Case

MADISON — Attorney General J.B. Van Hollen today announced that the Wisconsin Department of Justice (DOJ) has settled an environmental lawsuit filed in Price County Circuit Court. The State of Wisconsin brought this case against Otto, Duane, Randall and Darren Vyskocil for violations of state laws that prohibit unlicensed transporting and storage of solid waste, and failing to determine if that waste was hazardous, and transporting hazardous waste without a license.

The Department of Natural Resources (DNR) investigated a complaint of illegal hauling and dumping of debris by Randall, Darren and Duane Vyskocil, owners of Vyskocil Brothers Builders, in Phillips, Wisconsin. The dumping occurred on property owned by their father, Otto Vyskocil, making it an unlicensed solid waste facility. On arrival, Otto Vyskocil allowed the DNR wardens to inspect the debris. The debris piles were approximately 62 yards long, 19 yards wide and six feet in height. The debris, consisting of wood, glass, shingles, tin, plaster, paint cans and solvent cans came from the destruction of a local store. Duane Vyskocil admitted he and his brothers, Randall and Darren, were demolishing a store and burying the debris on Otto's property.

Later, the DNR wardens observed the Vyskocil brothers demolishing two other buildings and transporting and dumping the debris on a different farm site. The piles contained wood, painted wood, tin, shingles and insulation. Some of this waste included full paint and solvent cans that Randall, Duane and Darren Vyskocil were required to characterize and treat as hazardous. Randall, Duane and Darren had no license to transport hazardous waste either.

Prior to the referral to the DOJ, the hazardous wastes were removed and properly disposed of by the Vyskocils. After the referral, the Vyskocils tested the disposal sites and the results showed that no soil or groundwater contamination resulted from the illegal disposal activities. The Vyskocils agreed to pay penalties, costs and attorney fees totaling $25,000 for these violations.

In order to protect human health and the environment, Wisconsin law requires solid and hazardous wastes to be recycled or disposed at licensed or approved facilities. For more information regarding waste management in Wisconsin, go to the DNR website, Waste and Materials Management homepage, http://dnr.wi.gov/topic/waste/

"The Department of Justice will continue to work with the Department of Natural Resources to ensure that Wisconsin’s hazardous and solid waste laws are followed," Van Hollen said.

Assistant Attorney General Mary Batt represented the state. Price Circuit Court Judge Douglas T. Fox approved the settlements on November 26, 2012.

A copy of the Summons and Complaint, Stipulation and Order for Judgment, and Judgment is available at the following link: