Lunda Construction, state settle complaints

Daily Reporter (Milwaukee), May 21, 2003 by Sean Ryan

Lunda Construction Co. will pay the state $150,000 to settle 14 complaints stemming from environmental and permitting violations on three railroad bridges it built for Wisconsin Central Ltd.

"The gist of it is that total package is $150,000 worth of penalties and projects," said Tom Dosch, assistant attorney general. "They set aside $75,000 to do stream-improvements projects. There's no shortage of projects. We'll have no problem spending the money."

Lunda, Black River Falls, pled no contest to 12 civil and criminal complaints filed by the attorney general's office last year for bridge projects it undertook between 1999 and 2001 in Sawyer, Rusk and Washburn counties. The state will drop its appeals on two complaints in which courts already decided in favor of Lunda and Wisconsin Central, an Illinois railroad company.

As part of the settlement, the state has dropped all charges against Wisconsin Central. Criminal charges against two Lunda project foremen will be dismissed if they "refrain from any conduct which results in ... conviction in the state of Wisconsin for violating any environmental laws or regulations" for one year.

Settlement is business decision

In a written statement Tuesday, Lunda corporate council Chris Fox said the settlement was a business decision to allow the company to put the issue behind it and move on.

"We take great pride in our work and strive to provide a quality product to our customers," Fox's statement said. "As part of the settlement, Lunda will perform two projects that enhance the habitat for fish and other wildlife in Wisconsin. Lunda has been building bridges in Wisconsin since 1938. We look forward to many more years of service to the state of Wisconsin."

The Department of Natural Resources called on the attorney general last year alleging that Lunda had violated its bridge-construction permits for projects in Sawyer and Rusk counties by not implementing erosion controls, performing site grading and dredging, and doing in- stream construction during the winter. It also charged the company with erecting temporary bridges at its Sawyer and Washburn counties project sites without proper DNR permits.

The complaints also allege Lunda had illegally operated a landfill at its Sawyer County Little Weirgor Creek site to dispose of "oil filters, used motor oil, hydraulic oil, railroad ties, creosote- containing timbers, metal containers (including some which contained corrosive chemicals), glue, ash from burning all of the foregoing materials and other solid wastes."

"There were spills and burn piles that ended up washing into the stream, so there were not only bridge-building violations," Dosch said. "Putting an impermanent structure or film material on a river bed in Wisconsin can be prosecuted either criminally or civilly, and some were criminal and some were civil."

The DNR will decide how and where it will use the settlement's $75,000 allocated for stream improvements. It has already identified a Douglas County project where Lunda will repair a concrete bridge apron that had eroded and blocked a trout stream.

"It's in the nature of a good deed," Dosch said. "They're going to improve some kind of structure and stream modification so the fish can spawn."