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Attorney General J.B. Van Hollen Announces Judgment Requiring Merrill Fab, Inc., a Metal Fabricator in Lincoln County, to Pay $60,000 in Forfeitures and Costs

MADISON — Attorney General J.B. Van Hollen has announced that his office has obtained a judgment against Merrill Fab, Inc., a metal fabrication facility in Merrill, Wisconsin.  The Lincoln County Circuit Court Judgment requires Merrill Fab to pay $60,000 in forfeitures and court costs for violations of its Wisconsin air pollution control permit and Wisconsin's air pollution laws.


According to the Wisconsin Department of Natural Resources (DNR), which issues air pollution control permits, the conditions in such permits protect public health by restricting emissions of hazardous air pollutants, including toluene and xylene, the pollutants at issue in this case.  Over-exposure to these pollutants can be a serious threat to human health and the environment.  Air pollution permits contain both emissions limitations for hazardous air pollutants, and emission testing requirements for facilities to demonstrate compliance with those limitations.  Merrill Fab is classified as a “major source” under Wisconsin's air pollution control laws because it has the potential to emit 25 tons per year or more of any combination of hazardous air pollutants.   


According to the civil complaint, Merrill Fab violated state law when it exceeded its emissions limitation for hazardous air pollutants from October 2009 through July 2010.  Merrill Fab self-reported the exceedances, and thereafter took steps to bring its emissions into compliance with the permit.  The facility has been in compliance since August 2010.  Merrill Fab has cooperated with the Attorney General's office to expeditiously resolve the enforcement action brought as a result of the violations.


Assistant Attorney General Lorraine C. Stoltzfus represented the State.  The judgment and order was approved by Lincoln County Circuit Court Judge Robert R. Russell.


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