Former Waukesha Plant Ordered to Pay $50K in Fines

A former plant in Waukesha is ordered to pay $50,000 for improperly handling salvaged refrigerants, according to a news release from Attorney General J. B. Van Hollen.

APS Express in Waukesha processed appliances from Janesville, Appleton and Milwaukee between March 2008 and September 2009, according to the release, and sold the scrap metal. APS Express sold its plant in Waukesha and is no longer located in Waukesha.

From the news release: 

The civil complaint filed by the Department of Justice in Waukesha County alleges that APS failed to prevent refrigerant releases during dismantling of refrigeration equipment, operated without an approved registration from the Department of Natural Resources (DNR) to salvage or dismantle refrigeration equipment, dismantled refrigeration equipment without the supervision of an individual certified under DNR's regulations, failed to provide the appropriate documentation to the scrap metal dealer purchasing the appliances, and failed to certify safe transport of the refrigerant with the DNR from May 2008 until April 2010.

On April 24, 2012, the Honorable J. Mac Davis, Waukesha County Circuit Court judge, approved the parties' stipulation and ordered that APS pay a total of $50,000 in forfeitures, statutory surcharges, and costs. 

"Since 1990, Wisconsin law has regulated the salvaging and dismantling of any type of refrigeration or air-conditioning equipment that contains refrigerants,” Van Hollen said. “ Wisconsin law is very clear that refrigerants must be properly recovered using safe techniques and with proper documentation filed with the DNR.  Improperly released refrigerants can impact the earth's ozone layer and workers exposed to refrigerants from improper recovery may experience severe health problems.”

Copies of the Stipulation and Order for Judgment, and the Judgment are available at the following links:

• http://www.doj.state.wi.us/news/files/stipulation-order-aps-express-20120425.pdf
• http://www.doj.state.wi.us/news/files/judgment-aps-express-20120425.pdf

The case was investigated by the DNR.  The DNR and the Waukesha County District Attorney asked the Department of Justice to bring this action.  Assistant Attorney General Steven Tinker represented the State.