Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707-7857
For More Information Contact:
Brian Rieselman 608-266-1220
Madison, WI – May 20, 2003
Companies To Pay $150,000 For Alleged Stream Obstruction And Pollution Violations At Railroad Bridge Construction Sites In Northern Wisconsin
Attorney General Peg Lautenschlager announced today that her office has settled twelve civil and criminal cases being prosecuted against Lunda Construction Company and Wisconsin Central Ltd.
Lunda Construction allegedly violated state environmental protection laws while replacing bridges for the railroad in Sawyer and Washburn Counties during 2000 and 2001.
Wisconsin Central Ltd. is a wholly owned subsidiary of Canadian National Railroad Company that merged with Wisconsin Central’s former parent corporation in late 2001. Lunda Construction is headquartered in Black River Falls, Wisconsin, and traditionally has done much of Wisconsin Central’s bridge building and repair work.
?Lunda Construction and Wisconsin Central are paying the financial penalties they incurred for serious environmental violations in Sawyer and Washburn Counties; paying for stream improvements; and taking steps to avoid future violations that harm Wisconsin wetlands and streams,? Lautenschlager said. ?My office holds violators of our environmental laws and standards accountable for their actions, and will continue to enforce these laws for the health of Wisconsin?s environment and all of our citizens.?
The Sawyer County cases concerned a construction project over Little Weirgor Creek, a class I trout stream. The companies were charged with:
? Putting metal pilings and earth fill for a temporary bridge into the stream without a DNR-required permit;
? Open burning of waste including railroad ties, oil filters, plastic bottles and other discarded material;
? Failure to report and promptly clean up a spill of hazardous substances (waste corrosive chemicals, creosote-containing timbers, oil and ash from the burn pile) into Weirgor Creek; and
? Violating numerous requirements and prohibitions of a DNR permit they had obtained for replacing the permanent railroad bridge, including a prohibition on engaging in in-stream construction activities during winter months, failures to prevent erosion of soil into the stream, and unlawfully grading the stream’s banks.
The Washburn County cases concerned a construction project over Frog Creek. In those cases the companies were charged with:
? Driving steel beams into the bed of the stream and constructing a low-lying temporary bridge without required DNR authorization; and
? Unlawfully obstructing navigation of the stream with the temporary bridge.
Under the terms of the settlements announced today, the companies will pay $75,000 in forfeitures, penalties and costs and pay another $75,000 for stream improvement projects. Lunda will first attempt to eliminate an existing barrier to trout migration at a rail bridge over Spring Creek in Douglas County.
The settlement as it pertains to the Washburn County cases was approved by Washburn County Circuit Judge Eugene Harrington on May 19, 2003. The proposed settlements in the Sawyer County cases have been filed and are pending approval by Circuit Judge Norman Yackel.
The Department of Justice brought the cases at the request of the Department of Natural Resources following the DNR?s investigation. The DNR asked for these civil and criminal prosecutions by the Attorney General?s office after it concluded that the issuance of citations, a less severe enforcement alternative previously used with these and other construction companies, may not be a sufficient deterrent to violations.
The DNR reports that since these cases were brought, Lunda Construction and Wisconsin Central have taken numerous steps to avoid future unnecessary encroachments on wetlands and streams.
Assistant Attorney General Tom Dosch prosecuted the cases on behalf of the State of Wisconsin.
