Construction firm to pay $45K in fines
Berg Construction, 461 River Crest Court in Mukwonago, will have five years to pay $45,000 in forfeitures, surcharges, costs, and attorneys fees after the Waukesha County Circuit Court entered a judgment against the company.
According to the Wisconsin Department of Justice's (DOJ) website, the fines come as a result of the company "grading approximately six acres of land (near Mukwonago Drive and Bay View Drive) owned by (Berg Construction's) President Cheryl Berg without first applying for a construction site erosion control and storm water discharge permit, and without first putting in place best management practices to prevent discharges of sediment to waters of the state."
The website further states that "a detention basin at the site was not completed and consequently failed during a rain event, causing the discharge of an unknown amount of construction site sediment into the wetlands and into the Mukwonago River." The DOJ says that according to the complaint, "the proper plans were not implemented, and wetlands were not identified and delineated in or before 2007, when the DNR (Department of Natural Resources) learned that construction had started." The DOJ added that a permit application would have "triggered the identification and delineation of protected wetlands on the property."
The website states that while some wetland restoration work was completed by Berg Construction in accordance with a DNR-approved plan, restoration work stopped in 2009.
The stipulation order, contained on the DOJ website, states that in addition to the $45,000 in fees, Berg Construction must also escrow $6,000 for a "qualified consultant who specializes in wetland restoration to review, revise, and complete" a wetland restoration plan. All wetland repairs must be completed by Dec. 2, 2011. Supplemental plants, trees and shrubs listed in the plan will need to be planted by June 1, 2012.
The $45,000 breaks down into $34,000 in forfeitures, court costs and surcharges; $3,000 to the DNR; and $8,000 to the Department of Justice.
The DOJ website states that "according to the DNR, the Mukwonago River is one of the most biologically diverse streams in Southeastern Wisconsin, and it provides critical habitat for a number of rare, threatened and endangered species of fish and invertebrates." It adds that "stormwater runoff from construction activities can have a significant impact on water quality, and storm water flowing over a construction site can pick up phosphorus, other nutrients, and pollutants such as pesticides, petroleum products, chemical solvents, and general debris."
Berg did not wish to comment as of press time.
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2 Comments
citylifesucks5 - Sep 13, 2011 7:27 PM
I think they might want to look further east at MMSD dumping millions of gallons of raw sewage into lake michigan. I think there could be a little more impact to the enviroment from the dumping of raw sewage, pesticides, petroleum products, chemical solvents, and a little more than general debris. Real good story above about how the little guy is screwed by big brother. Maybe some good journalist could ask some questions of the DOJ and DNR on why a major pollutor can continue year after year and never be forced to pay fines or put in place best management practices???
JLINDY - Sep 21, 2011 10:56 AM