AG Van Hollen: Kenosha companies settle two state environmental lawsuits over construction site violations for $230,000

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Bill Cosh 608/266-1221

PLEASANT PRAIRIE and FREDONIA – Regency Hills Development Corp. and JJD Mastercraft Builders, Inc., from Kenosha, have settled state claims brought for violations of Wisconsin’s environmental protection laws at two construction sites in Pleasant Prairie, Kenosha County and Fredonia, Ozaukee County. In the Pleasant Prairie case, Regency Hills Development Corp. and JJD Mastercraft Builders, Inc. will pay $30,000 in forfeitures, costs and fees. In the Fredonia case, Regency Hills Development Corp. will pay $200,000 in forfeitures, costs and fees.

Wisconsin law requires permits and the implementation of best management practices for land disturbance activities in, adjacent to or near wetlands and navigable waters, to ensure that state water resources are protected from pollution caused by erosion and storm water runoff.

According to the Ozaukee County complaint, Regency Hills Development Corp. undertook land disturbance activities including grading, landscaping, erosion control, and excavation at a development site known as Village Green on property west of Highway 57 in the Village of Fredonia, Ozaukee County. The work, which took place in the first 60-acre phase of the project, was conducted without the proper erosion control best management practices required by the permits and state regulations, resulting in the discharge of sediments into Sauk Creek, Fredonia Creek and adjacent wetlands. The violations took place in late 2006 and early 2007.

The State settled with a contractor at the Fredonia site charged with the same violations for $85,000 in July 2009.

According to the Kenosha County complaint, Regency Hills and JJD Mastercraft Builders, Inc., undertook land disturbance activities without following the proper erosion control best management practices at a development site known as Creekside Crossing on property east of Old Green Bay Road in the Village of Pleasant Prairie, Kenosha County. The work took place in the first 60-acre phase of the project and resulted in the discharge of sediments into Jerome Creek and adversely affecting the Des Plaines River. The violations took place in 2005.

Runoff pollution is the major source of polluted waters in Wisconsin. “Wisconsin law requires that developers and landowners properly manage construction sites to protect state waters,” Attorney General J.B. Van Hollen said. “The Department of Justice will continue to work with the DNR to ensure that Wisconsin’s natural resources are protected through compliance with the law.”

Assistant Attorney General JoAnne F. Kloppenburg prosecuted the case. Ozaukee County Circuit Court Judge Tom R. Wolfgram and Kenosha County Circuit Court Judge Bruce E. Schroeder approved the settlements.