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Wis. AG announces solid waste storage settlement

By Nick Rees | Nov 28, 2012

MADISON, Wis. (Legal Newsline) - Wisconsin Attorney General J.B. Van Hollen announced on Tuesday that the state's Department of Justice reached a settlement in an environmental lawsuit following the unlawful transportation and storage of solid waste.

Randall, Darren and Duane Vyskocil, the owners of Vyskocil Brothers Builders in Phillips, Wisconsin, allegedly transported and stored solid waste without being licensed and failed to determine if the waste was hazardous. The Vyskocils also allegedly transported hazardous waste without the proper license.

The Wisconsin Department of Natural Resources alleged that the Vyskocils dumped debris on property owned by Otto Vyskocil, their father. The dumping made the site an unlicensed solid waste facility.

Otto Vyskocil allowed DNR wardens to inspect the debris, which was in piles 62 yards long, 19 yards wide and six fee high. The debris consisted of wood, glass, shingles, tin, plaster, paint cans and solvents cans that came from the destruction of a local store.

Duane Vyskocil admitted that he and his brothers were burying the debris from a demolished store on Otto's property.

DNR wardens also found that the Vyskocils demolished two other buildings and dumped the debris at a different farm site. That debris consisted of wood, painted wood, tin, shingles and insulation. Some of the waste included full paint and solvent cans that are required by state law to be characterized and treated as hazardous.

The hazardous waste was removed from both locations and properly disposed of by the Vyskocils prior to the case's referral to the DOJ. Following the referral, the Vyskocils tested the disposal sites and found that no soil or groundwater contamination was present.

The Vyskocils agreed to pay penalties, costs and attorney fees totaling $25,000 for their violations.

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