Wisconsin Whey Protein settles for $350,000 over wastewater violations

MADISON, Wis. (UI) — Wisconsin Whey Protein Inc. has agreed to pay $350,000 and install a new cooling system to resolve violations of state wastewater and stormwater laws at its Darlington cheese and whey plant.

The settlement, approved by Lafayette County Circuit Court on July 11, 2024, addresses concerns raised by the Wisconsin Department of Natural Resources (DNR) about environmental impacts from the facility.

The state alleged that the company discharged treated wastewater into a nearby tributary with levels of biological oxygen demand, suspended solids, ammonia nitrogen, and other pollutants exceeding permitted limits. Additionally, improper operation of the wastewater treatment facility led to multiple spills of untreated wastewater, some of which reached local waterways. The company was also cited for failing to obtain the necessary stormwater permits for its construction and industrial activities.

As part of the settlement, Wisconsin Whey Protein is required to pay $350,000 in fines, surcharges, and court costs. The company must also install a chiller, valued at over $600,000, to reduce the temperature of its wastewater before discharge, with the system set to be operational by October 30, 2024.

Attorney General Josh Kaul emphasized the importance of the case, saying, “We must protect our waterways from wastewater. This case serves as another reminder of our commitment to obtaining accountability for violations of our environmental laws.”

DNR Bureau of Water Quality Director Adrian Stocks added, “Planned upgrades to the treatment facility stemming from this settlement will aid in that effort.”

The Wisconsin Department of Justice, led by Assistant Attorney General Emily M. Ertel, worked closely with the DNR to reach this resolution.

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