The claims concern air pollution and storm water management violations going back to 2000, which were discovered during voluntary audits and promptly disclosed by Abbyland Foods to federal and state regulators.
Abbyland Foods, under Wisconsin law, is required to obtain and follow construction and operation permits that control the emissions of air contaminants from the facility. The complaint states Abbyland Foods operated in violation of state air pollution statutes and its permits by constructing and operating heating and meat-processing equipment without air-pollution control construction and operation permits, failing to submit annual emission inventories and to pay annual emission fees and exceeding allowable hours of operation for two processes.
The processor is also covered by a general industrial storm water Wisconsin Pollutant Discharge Elimination System Permit, which requires storm water be managed by implementing best-management practices and regular monitoring practices in part through implementation of a Storm Water Pollution Prevention Plan. Abbyland Foods failed to implement certain practices and to perform inspections and evaluations required by its Storm Water Pollution Prevention Plan, according to the complaint.
"Abbyland Foods discovered and promptly disclosed its non-compliance with permit requirements designed to protect the public from harmful air emissions and storm water discharges and has worked with the DNR to come into compliance," said J.B. Van Hollen, attorney general.