Man pleads guilty in Port hazardous waste case

A Port Washington man who along with his business partner was accused of illegally storing and transporting hazardous waste that was discovered after alarmingly high levels of lead were detected at the city’s wastewater treatment plant in 2017 reached a plea deal in a criminal case prosecuted by the Wisconsin Department of Justice last week. 

Prosecutors are asking that Bernard J. Bannon, who operated a battery recycling business with Robert A. Strange of Grafton at a factory property Bannon owns on Oakland Avenue in Port Washington, be ordered to pay restitution to the City of Port Washington. Although the amount of money the city is owed has yet to be determined and will probably be the subject of a restitution hearing, sources say it promises to be substantial. 

Neither City Attorney Eric Eberhardt nor other city officials contacted this week would discuss how the city incurred those costs or what they amount to because the criminal case is pending. 

Bannon was charged in May 2020 with felony counts of storing and transporting hazardous waste without permits, but during a Dec. 13 hearing before Ozaukee County Circuit Judge Steve Cain he pleaded guilty to two misdemeanor counts of violating asbestos removal and disposal laws. Those charges stem from the discovery of asbestos pipe insulation in Bannon’s factory space at 740 W. Oakland Ave. in Port by authorities investigating high lead levels at the wastewater treatment plant.

A third amended charge of violating hazardous waste storage laws was dismissed at the request of prosecutors as part of the plea agreement but will be read into the record, which means Cain can consider it when sentencing Bannon on Feb. 14.

Strange is charged with seven felony counts of mishandling hazardous waste and was scheduled to appear in court on Wednesday for a pre-trial hearing. Although he continues to negotiate with prosecutors, as of Tuesday his trial was scheduled to begin Jan. 11.

Bannon has agreed to cooperate with the Department of Justice in its case against Strange, which may include testifying if Strange’s case goes to trial. 

The case dates to 2017 when a routine test of sludge at the wastewater treatment plant showed it contained levels of lead “well in excess” of what is allowed by the city’s permit, according to a criminal complaint. 

The lead was traced to the former factory owned by Bannon and his wife and operated as PW Industrial Spaces. 

The factory space was divided and leased as “suites,” one of which was used by Braxt Corp., a company owned by Bannon and Strange, to dismantle lead-acid and nickel-cadmium batteries. The battery components — sulfuric acid stored in 275-gallon totes, lead plates and plastic cases, all classified as hazardous waste — were stored on site until Bannon and Strange could find buyers for them or dispose of them, according to court documents. 

Bannon did not have a license to store hazardous waste as required by law, according to the complaint. 

During a search of Bannon’s property, authorities discovered asbestos pipe insulation that had been removed during renovations supervised by Bannon, who intentionally failed to notify the Wisconsin Department of Natural Resources of the removal and failed to follow emission control and waste treatment regulations, according to the plea agreement. 

Assistant Attorney General Christopher Liegel is recommending that Cain sentence Bannon to one year in jail but stay the sentence and place him on probation for 18 months. That means that Bannon would only have to serve time behind bars if he violates the conditions of probation.

Liegel is asking that, in addition to paying restitution to the city, Bannon be ordered to clean up the property and operate it in compliance with state and federal laws, identify for authorities all tenants of his property and the nature of their businesses and not own or operate a battery dismantling or recycling business or lease space for such an operation.