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MADISON — Attorney General J.B. Van Hollen announced today that his office has obtained a criminal judgment against David P. Musial of Manitowoc for violating Wisconsin's hazardous waste laws. On December 7, 2012, Mr. Musial pleaded no contest to three misdemeanor counts of intentionally openly burning hazardous waste without a license, disposing of more than 1.5 gallons of volatile organic compound waste by burning and willfully failing to submit a record of hazardous waste treatment, storage, and disposal for the years 2008 and 2009. On January 28, 2013, Mr. Musial was sentenced by the Honorable Gary L. Bendix, Manitowoc Circuit Court Judge, to two years of probation, with a condition that he pay fines and costs totaling $5,850.00 and reimburse the DNR $16,287.00 for its investigative expenses.
The investigation of Mr. Musial commenced on June 11, 2010, when a Manitowoc County Deputy Sheriff observed a large black column of smoke coming from Mr. Musial's former business, Musial Paint Finishes, LLC on County Highway Q, in the Town of Kossuth, and drifting toward the Village of Francis Creek. The deputy responded to the smoke and found a dumpster fire at the business. Mr. Musial told the deputy that he had burned waste paint solvents and other waste in the dumpster. A follow-up investigation by the Wisconsin Department of Natural Resources (DNR) found that in addition to the solvents burned by Mr. Musial, there was a large quantity of hazardous waste stored at his two facilities in Manitowoc County and he had intentionally failed to file his required hazardous waste treatment, storage, and disposal annual reports for the years 2008 and 2009.
The case was investigated by the DNR and the Manitowoc County Sheriff’s Department. The State was represented in court by Assistant Attorney General Steven Tinker. Copies of the Summons, Criminal Complaint and Amended Information are available at the following links: