STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY BRANCH * v. Case No CX- Complex Forfeiture: COMPLAINT

Transcription

1 STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY BRANCH * STATE OF WISCONSIN 17 West Main Street Post Office Box 7857 Madison, Wisconsin , Plaintiff, v. Case No CX- REPUBLIC SERVICES OF WISCONSIN, LIMITED PARTNERSHIP 1989 Oakes Road Racine, Wisconsin 53406, Defendant. Complex Forfeiture: THE AMOUNT CLAIMED IS GREATER THAN THE AMOUNT CLAIMED UNDER WIS. STAT (1)(d). COMPLAINT The State of Wisconsin, by its attorneys, Attorney General J.B. Van Hollen and Assistant Attorney General JoAnne F. Kloppenburg, brings this complaint against Republic Services of Wisconsin, Limited Partnership, pursuant to Wis. Stat (1), (3)(a) and at the request of the Department of Natural Resources, and alleges as follows. IF YOU REQUIRE THE ASSISTANCE OF AUXILIARY AIDS OR SERVICES BECAUSE OF A DISABILITY, CALL (608) (TTY -- (608) ) AND ASK FOR THE DANE COUNTY CIRCUIT COURT ADA COORDINATOR.

2 1. Plaintiff is a sovereign state of the United States of America with its seat of government and offices at the State Capitol in Madison, Dane County, Wisconsin. The plaintiff has enacted in Wis. Stat. ch. 285 statutes governing sources of air contaminant emissions so as to prevent and reduce air pollution, and in Wis. Stat. ch. 289 statutes intended to protect the environment and public through the proper management of solid waste. Its Department of Natural Resources administers regulations and issues permits and approvals authorized by those statutes. 2. Defendant Republic Services of Wisconsin, Limited Partnership, is a Delaware limited partnership registered to do business in Wisconsin. Its principal office is located at North Allied Way, Phoenix, Arizona Its registered agent is CT Corporation System at 8025 Excelsior Drive, Suite 200, Madison, Wisconsin Defendant Republic Services owns and operates the Kestrel Hawk Landfill, a solid waste and hazardous waste disposal facility, at 1989 Oakes Road, Racine, Racine County, Wisconsin. This facility is referred to as the Kestrel Hawk facility in this complaint. 4. Defendant Republic Services owns and operates the Mallard Ridge Recycling and Disposal Facility, a solid waste disposal facility, at 8470 State Road 11, Delavan, Walworth County, Wisconsin. This facility is referred to as the Mallard Ridge facility in this complaint

3 5. Each of the Kestrel Hawk and Mallard Ridge facilities operates a landfill gas collection system, and landfill gas generated by the decomposition of waste is flared on site or sold off site as boiler fuel or fuel for a turbine generator. 6. The Department of Natural Resources regulates the non-methane organic compounds in the landfill gas. Non-methane organic compounds contain volatile organic compounds and hazardous air pollutants, including benzene and vinyl chloride. Volatile organic compounds contribute to the formation of ozone, which can be harmful to human health. 7. At the Kestrel Hawk and Mallard Ridge facilities in 2008 and 2009, defendant violated the facilities' air pollution control permits when it vented landfill gas when a flame was not present and failed to shut down valves within one hour resulting in the release of uncontrolled landfill gas emissions to the atmosphere, failed timely to notify the Department of Natural Resources of the flame outages, and failed to keep the gas system running smoothly and effectively; and at the Kestrel Hawk facility in 2008, defendant violated the facility's landfill plan of operation when it failed to seed the intermediate cover, failed to clean and maintain storm water drainage ditches and structures, and failed to properly train landfill personnel conducting load inspections

4 CHAPTER 299 CLAIM FOR VIOLATIONS A. Air Management Violations. 8. The Kestrel Hawk and Mallard Ridge facilities are, and at all times relevant to this complaint have been, each a stationary source as defined in Wis. Stat (41), an air contaminant source as defined in Wis. Stat (2), and a major source as defined in Wis. Stat (24) and Wis. Admin. Code NR (4)(b). 9. A stationary source of air contaminant emissions is required to obtain a construction permit pursuant to Wis. Stat (1)(a)1. and Wis. Admin. Code NR before commencing construction, and is required to obtain an operation permit pursuant to Wis. Stat (1)(b)1. and Wis. Admin. Code NR before commencing operation. 10. The Department of Natural Resources is authorized to prescribe conditions for air pollution control construction and operation permits under Wis. Stat The Department of Natural Resources issued defendant's Kestrel Hawk facility Air Pollution Control Operation Permit and Air Pollution Control After- The-Fact Construction Permit Of a Flare Nos. 04-TLH-228, 04-JLU-228-OP and P01 on December 8, This set of permits required compliance with conditions set forth in the permits, was in force at the times relevant to this action, and is referred to as the 2004 Permit in this complaint

5 12. The Department of Natural Resources issued defendant's Mallard Ridge facility Air Pollution Control Operation Permit Revision No P02 on January 23, This permit required compliance with conditions set forth in the permit, was in force at the times relevant to this action, and is referred to as the 2007 Permit in this complaint. 13. Republic Services was and is required to comply with all the terms and conditions of the 2004 and 2007 Permits under Wis. Stat (7). 1. Venting landfill gas without a flame present at Kestrel Hawk. 14. Condition I.A.3.b.(27) of the 2004 Permit provides that, "The permittee may not vent landfill gas to Process P02 whenever a flame is not present, as determined by the methods specified in condition I.A.3.b.(30)(a)." 15. Process P02 is the process by which landfill gas is controlled by pedestal flare. Use of the flare ensures that potential volatile organic compound emissions from the facility stay below the major source threshold requiring additional controls. Proper flare operation is necessary to ensure that the emissions stay within the minor source range. 16. In late April and May 2008, the Kestrel Hawk facility experienced a series of flare outages resulting in the uncontrolled release through venting of landfill gas to the atmosphere

6 17. On each flare outage occasion, the continuous flame failed to ignite the flare. 18. At the time of the outages, the Kestrel Hawk facility did not have any devices in place to prevent the uncontrolled release of landfill gas resulting from a flare outage, and did not have an alarm system in place to make the Kestrel Hawk facility aware of ongoing flare outages. 19. At the time of outages, the thermocouple was continuously recording temperature at the flare, but did not send the Kestrel Hawk facility any type of notification when gas was flowing to the flare and the temperature readings were below normal flare operating temperature. 20. Due to the absence of any notification system, flare outage incidents occurred until Kestrel Hawk facility personnel visually saw the absence of a flame on a flare and corrected the problem. 21. Each outage resulted in the uncontrolled emission of non-methane organic compounds (NMOCs). 22. The date, duration and amount of NMOCs released uncontrolled for each flare outage in April and May 2008 at the Kestrel Hawk facility are as set forth in the following table: Table 1: Summary of Flare Outages at Kestrel Hawk Landfill Date/Time of Malfunction Start Date/Time of Malfunction End Total Duration of Malfunction Estimated Uncontrolled Release on NMOCs (LBS) 04/27/ :06 04/28/ :30 1 day, 8 hours, 24 min /02/ :22 05/05/ :45 2 days, 20 hours, 37 min

7 05/07/ :37 05/07/ :52 5 hours, 15 min /08/ :22 05/08/ :07 7 hours, 45 min /23/ :16 05/28/ :00 4 days, 11 hours, 22 min. 1, Defendant Republic Services vented landfill gas when a flame was not present at the Kestrel Hawk facility on April 27 and 28, May 2, 3, 4, 5, 7, 8, 23, 24, 25, 26, 27 and 28, 2008, in violation of its 2004 Permit and Wis. Stat (7). 2. Failing to shut down valves within one hour of flare outages at Kestrel Hawk. 24. Condition I.A.3.b.(32) of the 2004 Permit provides that, "Conditions I.A. 3.b.(1)-(31) apply at all times, except during periods of start-up, shutdown, or malfunction, provided that the following conditions are met:... (b) For Process P0[2]: (i) The duration of start-up, shutdown, or malfunction shall not exceed 1 hour, or The gas mover system shall be shut down and all valves in the landfill gas collection system and Process P0[2] contributing to venting of the gas to the atmosphere shall be closed within 1 hour." 25. Each of the malfunctions listed in paragraph 22 above lasted more than one hour, and on each of those occasions the Kestrel Hawk facility failed to shut down the valves in the landfill gas collection system within one hour of the malfunction, resulting in the release of uncontrolled landfill gas emissions, and in violation of its 2004 Permit and Wis. Stat (7)

8 3. Failing to meet federal NESHAP requirements at Kestrel Hawk. 26. Condition I.D.2.b.(3) and (4) of the 2004 Permit provide, "2. National Emission Standard for Hazardous Air Pollutants (NESHAP) for Municipal Solid Waste Landfills... b. Compliance Demonstration... (3) The permittee shall meet the requirements specified in I.A.3.a. [40 CFR s (a)(1)] (4) The permittee shall meet the compliance demonstration requirements specified in I.A. 3.b. [40 CFR s (b)]." 27. This Condition references New Source Performance Standards (NSPS) as the compliance demonstration standard for the National Emission Standard for Hazardous Air Pollutants in 40 CFR Part 63, subpart AAA for municipal solid waste landfills. 28. New Source Performance Standards for municipal solid waste landfills include those set forth in the 2004 Permit Conditions referred to in sections 1 and 2 above. 29. By failing to meet the New Source Performance Standards for municipal solid waste landfills set forth in Conditions I.A.3.b.(27) and I.A.3.b.(32) of the 2004 Permit, defendant failed to meet the National Emission Standard for Hazardous Air Pollutants for municipal solid waste landfills on April 27 and 28, May 2, 3, 4, 5, 7, 8, 23, 24, 25, 26, 27 and 28, 2008, in violation of its 2004 Permit and Wis. Stat (7)

9 4. Failing to timely notify the Department of each malfunction at Kestrel Hawk. 30. Condition II.D.1.c. of the 2004 Permit provides, "Event: Deviation from any other condition specified in this permit. Timing: Notification by next business day identifying the deviation, cause, duration and steps taken to prevent recurrence." 31. Defendant first notified the Department of the four flare outages at the Kestrel Hawk facility between April 27 and May 8, 2008, by telephone during the week of May 12, 2008, and followed up with an describing the incidents on May 16, Defendant first reported the May flare outage at the Kestrel Hawk facility to the Department on June 6, Defendant failed to notify the Department within one business day of the uncontrolled landfill gas emissions at the Kestrel Hawk facility on April 27 and 28, May 2, 3, 4, 5, 7, 8, 23, 24, 25, 26, 27 and 28, 2008, in violation of its 2004 Permit and Wis. Stat (7). 5. Release of uncombusted non-methane organic gases at Mallard Ridge. 33. Condition I.A.1.a.(2) of the 2007 Permit provides that, "The permittee shall route all collected landfill gas to: (a) The flare system (P01) designed and operated in accordance with 40 CFR and or (b) The landfill gas treatment system (P03) followed by landfill gas-fired reciprocating engines (P02)." - 9 -

10 34. In August 2008, May 2009 and June 2009, Mallard Ridge experienced a series of flare malfunctions resulting in the release of uncombusted non-methane organic compounds (landfill gas) to the atmosphere, as summarized in the following table: Table 2: Summary of Flare Outages at Mallard Ridge Landfill 35. The August 2008 flare malfunctions were caused by an actuating valve, which controls the flow of landfill gas to the flare, failing to close completely. 36. Mallard Ridge shut down the flare 1 day, 2 hours and 45 minutes after the valve first failed, and all landfill gas was diverted to the reciprocating engines while the valve was sent away for repairs. After 4 days, the reciprocating engines could not handle the load and the flare was operated manually. While being

11 manually operated, the flare failed to ignite on two occasions. The valve actuator was replaced on August 29, The April 2009 flare malfunction was caused by the propane tanks used for the flare's pilot light being empty, and the multiple restart attempts that open and close the actuating valve before the empty tanks were discovered resulted in the release of uncombusted landfill gas. 38. The June 2-4, 2009, flare incidents occurred during maintenance when the gas control system was shut down, and the temperature and flow recorder indicated that some landfill gas was flowing during maintenance. 39. On June 23, 2009, the flare shut down for unknown reasons for 5 hours and 50 minutes, and on June 24, 2009, the flare shut down for unknown reasons for almost 4 hours, and on each occasion the flare was restarted when discovered by facility personnel. 40. On June 25, 2009, the flare shut down and could not at first be restarted because the propane tank that fuels the pilot light was empty. 41. On June 26, 2009, the flare had been shut down while the landfill gas was redirected to the reciprocating engines during production adjustments, and landfill gas continued to flow to the shut-down flare due to a malfunctioning actuating valve. 42. Defendant Republic Services released uncombusted non-methane organic gases to the atmosphere at the Mallard Ridge facility on August 3, 14 and 15,

12 2008, and on April 28 and June 2, 3, 4, 23, 24, 25, and 26, 2009, in violation of its 2007 Permit and Wis. Stat (7). 6. Failing to shut down the gas system within one hour of flare malfunctions at Mallard Ridge. 43. Condition I.A.1.b.(19)(b) of the 2007 Permit provides that, "(i) The duration and start-up, shutdown, or malfunction shall not exceed 1 hour, or (ii) The gas mover system shall be shut down and all valves in the landfill gas collection system and control devises (Processes P01, P03/P02) contributing to venting of the gas to the atmosphere shall be closed within 1 hour. " 44. Each of the incidents of malfunction listed in paragraph 34 above lasted more than one hour, and on each of those occasions the Mallard Ridge facility failed to shut down the valves in the landfill gas collection system within one hour of the malfunction, resulting in the release of uncontrolled landfill gas emissions, and in violation of its 2007 Permit and Wis. Stat (7). 7. Failing to meet federal NESHAP requirements at Mallard Ridge. 45. Condition I.ZZZ.3.a.(1) and (2) of the 2007 Permit provides, "(1) The permittee shall comply with all applicable New Source Performance Standards (NSPS) for municipal solid waste landfills described in 40 CFR, subpart WWW or alternative standards approved by the EPA Administrator. NSPS requirements applicable to the permittee are found in section 1.A. of this permit. (2) The

13 permittee shall comply with the requirements in 40 CFR and and with the general national emission standards for hazardous air pollutants (NESHAP) provisions found in s. NR 460, Wis. Adm. Code." 46. This Condition references New Source Performance Standards (NSPS) as the compliance demonstration standard for the National Emission Standard for Hazardous Air Pollutants for municipal solid waste landfills. 47. New Source Performance Standards for municipal solid waste landfills include those set forth in the 2007 Permit Conditions referred to in sections 5 and 6 above. 48. By failing to meet the New Source Performance Standards for municipal solid waste landfills set forth in Conditions I.A.1.a.(2) and I.A.1.b.(19)(b) of the 2007 Permit for Mallard Ridge, defendant failed to meet the National Emission Standard for Hazardous Air Pollutants for municipal solid waste landfills on August 3, 14 and 15, 2008, and on April 28 and June 2, 3, 4, 23, 24, 25, and 26, 2009, in violation of its 2007 Permit and Wis. Stat (7). 8. Failing to timely notify the Department of each malfunction at Mallard Ridge. 49. Condition II.D.1.b. of the 2007 Permit provides, "Event: Malfunction or other unscheduled event which causes or may cause any emission limitation to be exceeded (except certain visible emission limit exceedances detected by a continuous emission monitor. Timing: Notification by next business day of any

14 such event at the source which is not reported in advance to the Department. Report the cause and duration of the exceedance, the period of time considered necessary for correction, and measures taken to minimize emissions during the period." 50. Defendant first notified the Department of the malfunctions at the Mallard Ridge facility on August 3, 14 and 15, 2008, by on September 25, Defendant first reported the April 28, 2009, malfunction at the Mallard Ridge facility by on May 11, Defendant first notified the Department of the malfunctions at the Mallard Ridge facility on June 2, 3, 4, 23, 24, 25 and 26, 2009, by on July 21, Defendant failed to notify the Department within one business day of the malfunctions at the Mallard Ridge facility on August 3, 14 and 15, 2008, and on April 28, and June 2, 3, 4, 23, 24, 25 and 26, 2009, in violation of its 2007 Permit and Wis. Stat (7). B. Solid Waste Management Plan Approval Violations at Kestrel Hawk and Mallard Ridge. 52. Defendant operates a solid waste facility at Kestrel Hawk and a solid waste facility at Mallard Ridge as defined in Wis. Stat (35). 53. The Department has issued the Kestrel Hawk facility the following Plan of Operation Approvals:

15 March 12, 1991, Modification to the Plan of Operation Approval for Gas and Leachate Extraction System, Land Reclamation Company Landfill, License #0572, Racine, WI. WID: , which approved a submittal dated July 26, 1990, Plan Modification Gas and Leachate Extraction System Land Reclamation Company Landfill City of Racine, Racine County, Wisconsin. This is referred to as the 1990 Submittal in this Complaint. August 30, 1996, Plan of Operation Approval for the Northwest Expansion of the Land Reclamation Company Landfill, which approved a submittal dated May 1996, Plan of Operation for Northwest Expansion Land Reclamation Company Landfill Racine, Wisconsin. This is referred to as the 1996 Submittal in this Complaint. 54. The Department issued the Mallard Ridge facility a Plan of Operation Approval dated May 17, Wisconsin Stat states, "(9) Failure to comply with plan of operation. Failure to operate in accordance with the approved plan subjects the operator to enforcement under s or " 1. Failing to timely keep gas system running smoothly and efficiently at Kestrel Hawk. 56. Page 6.12 of the 1990 Submittal states, "Periodic maintenance will be required of the system to keep it running smoothly and efficiently."

16 57. The 14 days of flare outages and resulting uncontrolled release of untreated landfill gas to the atmosphere at Kestrel Hawk in 2008, identified in paragraph 22 above, indicate that the gas system was not running smoothly and efficiently between April 27 and May 28, The existence of 38 malfunction events for the gas system at Kestrel Hawk in 2007, including a continuous monitoring system malfunction affecting the flare date recorder that occurred 15 times over a total of 38 days, which were identified in the Kestrel Hawk facility's 2007 Annual Report, indicate that the gas system was not running smoothly and efficiently in Defendant failed to maintain the gas system at Kestrel Hawk so as to keep it running smoothly and efficiently in 2007 and between April 27 and May 28, 2008, in violation of the 1990 Submittal and 1991 Plan Approval and Wis. Stat (9). 2. Failing to seed intermediate cover at Kestrel Hawk. 60. Pages 7, 8 and 9 of the Plan Sheets in the 1996 Submittal state that the intermediate cover is to be seeded. 61. From at least June 26 through September 20, 2008, defendant failed to seed all areas of the intermediate cover at the Kestrel Hawk facility, in violation of the 1996 Submittal and Plan Approval and Wis. Stat (9)

17 3. Failing to provide the necessary equipment to operate the landfill at Mallard Ridge. 62. Page 11 of the Mallard Ridge Plan of Operation Approval dated May 17, 2005, states, "Republic will provide the necessary equipment to operate the landfill and to maintain the grounds." 63. The flare outages at Mallard Ridge in 2008 and 2009, identified in paragraph 34 above, indicate that the necessary equipment to operate the landfill was not provided between August 3, 2008, and June 26, Defendant failed to provide the necessary equipment to operate the landfill at Mallard Ridge between August 3, 2008, and June 26, 2009, in violation of the 2005 Plan Approval and Wis. Stat (9). C. Wisconsin Admin. Code ch. NR 506 Solid Waste Management Violations at Kestrel Hawk. 65. Wisconsin Admin. Code ch. NR 506 was promulgated pursuant to Wis. Stat. ch. 289 and sets forth minimum operating requirements for landfills. 66. Wisconsin Admin. Code NR states, "Operational requirements for landfills. No person may operate or maintain a new or existing landfill except in conformance with any approved plan of operation and the following minimum requirements." 1. Failing to clean and maintain storm water diversion berm at Kestrel Hawk

18 67. Wisconsin Admin. Code NR (2) states, "(2) SEDIMENTATION AND EROSION CONTROL.... (b) Storm water drainage ditches, structures and sedimentation basins shall be cleaned and maintained such that they properly control storm water and limit entrained sediment in accordance with approved engineering designs." 68. Maintaining storm water drainage diversion berms ensures that water is effectively and safely routed off the landfill. 69. From at least June 26 through fall 2008 at the Kestrel Hawk facility, standing water and cattails were in the surface water diversion berm beginning on the northeast corner of Corridor 7 and continuing along the north slope surface water diversion berm of Corridor 7 coming from the RCRA cap HPDE final cover drain pipe. 70. From at least June 26 through October 31, 2008, defendant failed to clean and maintain a surface water diversion berm at the Kestrel Hawk facility in violation of Wis. Admin. Code NR (2)(b). 2. Failing to conduct random load inspections with certified personnel at Kestrel Hawk. 71. Wisconsin Admin. Code NR requires that landfill operators implement a program for excluding the disposal of unapproved waste that includes random inspections of incoming loads, and NR (2)(f) requires that the

19 records of the random load inspections include "[t]he name of the certified facility manager or certified site operator inspecting the load." 72. A manager or operator is certified under Wis. Admin. Code ch. NR Defendant conducted 45 random load inspections at the Kestrel Hawk facility in 2006, none of which were by certified personnel under ch. NR Defendant conducted 49 random load inspections at the Kestrel Hawk facility in 2007, 6 of which were by certified personnel under ch. NR Defendant conducted 36 random load inspections at the Kestrel Hawk facility in 2008, 1 of which was by certified personnel under ch. NR From at least January 2006 through September 30, 2008, defendant failed to conduct random load inspections with ch. NR 524 certified personnel at the Kestrel Hawk facility in violation on 123 days of Wis. Admin. Code NR (3). PRIOR SOLID WASTE VIOLATIONS BY REPUBLIC SERVICES OF WISCONSIN GP, LLC 77. In 2004, the state prosecuted defendant Republic Services for violating its solid waste plan of operation at the Kestrel Hawk facility, and judgment was entered against defendant Republic Services in the amount of $475,000 for the charged violations. State v. Republic Services of Wisconsin GP, LLC, Racine County Circuit Court Case No. 04-CV-2107 (December 15, 2004)

20 78. In 2002, the Department issued defendant Republic Services a Notice of Violation that identified a number of deficiencies at the Kestrel Hawk facility, including the violations of failing to keep the gas system running smoothly and efficiently, failing to seed and fertilize and mulch areas, failing to clean and maintain storm water drainage ditches and structures, which are charged in this Complaint. SIGNIFICANCE OF DEFENDANT'S VIOLATIONS 79. The flare outage and malfunction incidents resulted in the uncontrolled emission of landfill gas, which contains carbon dioxide, methane, volatile organic compounds, hazardous air pollutants and odorous compounds that can adversely affect public health and the environment. 80. The flare outage and malfunction incidents compromised Kestrel Hawk's ability to remain a minor source for volatile organic compounds in a nonattainment area. 81. The erosion control violations and the failure to install the interim cover on various phases of the landfill can result in water infiltration into landfill waste or in sediment runoff from the site. 82. The conducting of random load inspections by uncertified personnel compromises efforts to minimize unauthorized waste in the landfill

21 83. Defendant's culpability, and the severity of the violations, are aggravated by the repeat nature of the types of violations found at the Kestrel Hawk and Mallard Ridge facilities, particularly in the solid waste area. PENALTY PROVISIONS 84. Wisconsin Stat authorizes the attorney general to enforce Wis. Stat. chs. 285 and 289 and all rules promulgated and permits and approvals issued under those chapters by seeking forfeitures and injunctive relief, and authorizes the circuit court for Dane County to enforce chs. 285 and 289 and all rules promulgated and permits and approvals issued under those chapters "by injunctional and other relief appropriate for enforcement." 85. Wisconsin Stat (1) provides that any person who violates Wis. Stat. ch. 285 or any rule promulgated or permit issued under the chapter, shall forfeit not less than $10 or more than $25,000 for each violation, and provides that each day of continued violation is a separate offense. 86. Wisconsin Stat (3)(a) provides that any person who violates chapter 289 shall forfeit not less than $10 nor more than $5,000 for each day of violation. 87. Wisconsin Stat (3)(b) provides that the Court may, in addition to imposing penalties, order the defendant to pay to the Department of Justice the

22 reasonable and necessary expenses of the investigation and prosecution of the defendant's violation of the chapter, including attorney fees. WHEREFORE, the plaintiff asks for judgment against defendant as follows: (1) The forfeitures provided for in Wis. Stat (1) and (3)(a) for the violations described in this complaint, plus a 26 percent penalty surcharge under Wis. Stat (18), the 10% environmental surcharge for violations before July 1, 2009, and 20% environmental surcharge for violations since July 1, 2009, provided for in Wis. Stat (12), a 1 percent jail surcharge under Wis. Stat (14), the $25 court costs under Wis. Stat (1), the $13 crime laboratories and drug law enforcement surcharge under Wis. Stat (3), the $68 court support services surcharge pursuant to Wis. Stat (2), and the $21.50 justice information system surcharge under Wis. Stat (15); (2) The reasonable and necessary expenses of the prosecution, including attorney fees, and the costs of investigation provided for in Wis. Stat (3)(b). (3) The costs and disbursements of this action; and

23 (4) Such other relief as the court may deem appropriate. Dated this day of October, J.B. VAN HOLLEN Attorney General Wisconsin Department of Justice Post Office Box 7857 Madison, Wisconsin (608) (608) (Fax) JOANNE F. KLOPPENBURG Assistant Attorney General State Bar # Attorneys for Plaintiff State of Wisconsin