AG Van Hollen: Patrick Cudahy settles state lawsuit over air pollution violations for $95,000

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Bill Cosh 608/266-1221

MILWAUKEE – Patrick Cudahy, Inc., which owns and operates a meat processing facility at One Sweet Apple-Wood Lane in Cudahy, Milwaukee County, has agreed to pay $95,000 to settle state claims under Wisconsin’s air pollution laws.

Under Wisconsin law, Patrick Cudahy obtained and is required to follow a permit that controls the emissions of pollutants, including nitrogen oxides and sulfur dioxide, from the facility. In particular, the facility uses three industrial boilers, and state regulations and the permit impose standards for the boilers that include specific monitoring, recordkeeping and reporting requirements. The complaint charges that Patrick Cudahy operated in violation of state regulations and its permit by operating one of its boilers without an approved monitoring plan between 2007 and 2008, and by failing to submit required monitoring reports between 2006 and 2008 for the three boilers and for the facility.

According to the complaint, the Cudahy facility is in an ozone nonattainment area, making the identification and resolution of violations particularly important. Upon discovery by the Department of Natural Resources of the violations during an inspection, Patrick Cudahy promptly took steps to correct the violations.

“Patrick Cudahy responded promptly to the Department of Natural Resources and took the steps necessary to ensure future compliance with state regulations and permit requirements designed to protect the public from harmful air emissions,” said Attorney General J.B. Van Hollen. “The Wisconsin Department of Justice will continue to work with the DNR to ensure that Wisconsin’s citizens and natural resources are protected through compliance with the law.”

Copies of the Complaint, Stipulation and Order for Judgment are available at:

http://www.doj.state.wi.us/news/files/complaint_final.pdf

http://www.doj.state.wi.us/news/files/stip_and_order_for_jgmt_final.pdf

http://www.doj.state.wi.us/news/files/judgment_final_.pdf

Assistant Attorney General JoAnne F. Kloppenburg prosecuted the case. Milwaukee County Circuit Court Judge Charles F. Kahn approved the settlement on October 7, 2010.