By David Steinkraus
Journal Times | Posted: Tuesday, August 12, 2008 12:00 am
Aurora Health Care will pay $250,000 for violating air pollution rules over the course of several years at several of its Wisconsin facilities including Burlington Memorial Hospital and the Aurora Medical Center at 10400 75th St. in Kenosha. The penalty was announced on Tuesday as part of a settlement with the state Justice Department.
The Burlington and Kenosha violations involved sterilizers using ethylene oxide gas. Aurora did not obtain the necessary air pollution permits before installing the equipment.
Ethylene oxide can irritate the eyes, skin and respiratory system, and can affect the nervous system. However, according to the federal Agency for Toxic Substances and Disease Registry, when exposed to the air the gas breaks down within a few days.
The Burlington Memorial violation was not included in the complaint filed in circuit court, but the Kenosha violation and several others were disclosed by Aurora in a March letter to the state. After receiving a notice for violating pollution rules at its Green Bay facility, company lawyers wrote, Aurora undertook a systematic audit to discover whether there were other problems.
Prosecutors do not necessarily press all the charges they could in some cases. In an e-mail statement, a Justice Department spokesman wrote that based upon the facts available at the time of the investigation, department lawyers determined that it was appropriate to bring the charges that they did.
In a prepared statement, Aurora said the violations involved past construction projects and did not harm the environment, and the statement said the company has instituted procedures to ensure compliance with air quality regulations.
Among the violations listed in the complaint filed in Dane County Circuit Court were:
n Aurora failed to obtain the necessary permits before installing boilers and emergency generators at facilities in Green Bay, Oshkosh and Two Rivers.
n Aurora did not build generator exhaust stacks to meet specifications for the maximum dispersal of pollutants and did not obtain certification of its fuel as low-sulfur for several years. (Sulfur released into the air as sulfur dioxide from combustion becomes sulfuric acid.)
n Aurora failed to monitor smokestack emissions as required and did not submit reports to the Department of Natural Resources for up to five years.
n In Hartford, Aurora also installed ethylene oxide sterilizers without obtaining the proper state permits.
The $250,000 payment breaks down into a $180,000 forfeiture for violating state rules, a 26 percent penalty surcharge of $46,800, a 10 percent environmental surcharge of $18,000 and $3,287 in attorney fees. The remainder consists of court costs and other fees.