AG Kaul Announces Settlement with County Materials Corp. to Resolve Wisconsin Air Law Violations at Janesville Facility

MADISON, Wis. – Attorney General Josh Kaul today announced a settlement with County Materials Corp. requiring County Materials Corp. to pay $171,750 to resolve violations of Wisconsin’s air laws at its facility in Janesville, Wis. The settlement was approved by the Rock County Circuit Court on January 29, 2021.

“Companies must do their part to protect communities from air pollution, not flout the rules that protect clean air,” said Attorney General Kaul.

The State of Wisconsin alleged that County Materials Corp. constructed and operated its Janesville facility without obtaining required air permits from the Wisconsin Department of Natural Resources (DNR). The facility manufactures concrete blocks and girders. The state also alleged that County Materials Corp. did not report annual air emissions from the facility to DNR and did not pay annual air emission fees to DNR. County Materials Corp. submitted overdue applications for the proper air permits to DNR, and on January 17, 2018, DNR issued permits for the Janesville facility. The State alleged that County Materials Corp. then violated one of the permits by emitting more particulate matter to the air than allowed.

The agreement requires County Materials Corp. to pay $171,750, including $81,722.62 in past-due fees to DNR and $90,027.38 in forfeitures, surcharges, and court costs. The agreement also requires County Materials to dismiss the administrative and judicial review actions that it filed challenging the 2018 air permits and DNR’s invoice for those permits.

The Rock County Circuit Court entered judgment against County Materials Corp. today pursuant to the terms of the settlement agreed to by the parties.

Wisconsin Department of Justice (DOJ) Public Protection Unit Assistant Attorney General Emily M. Ertel represented the State of Wisconsin.

Because this compromise was reached prior to the commencement of a civil action, requirements of 2017 Wisconsin Act 369 do not apply.

Copies of the Summons and Complaint, Stipulation for Judgment, Order for Judgment, and Judgment are available here.

Press release: https://www.doj.state.wi.us/news-releases/ag-kaul-announces-settlement-county-materials-corp-resolve-wisconsin-air-law