Wisconsin Statutes
Wis. Stat. § 285.87 (2026)
Penalties for violations relating to air pollution
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
285.87(1)(1) Except as provided in s. 285.57 (5) or 285.59 (8), any person who violates this chapter or any rule promulgated, any permit issued or any special order issued under this chapter shall forfeit not less than $10 or more than $25,000 for each violation. Each day of continued violation is a separate offense.
285.87(2)(a)(a) Except as provided in par. (b), any person who intentionally commits an act that violates, or fails to perform an act required by this chapter, except s. 285.59, or any rule promulgated, any permit issued or any special order issued under this chapter, except s. 285.59, shall be fined not more than $25,000 per day of violation or imprisoned for not more than 6 months or both.
285.87(2)(b)(b) If the conviction under par. (a) is for a violation committed after another conviction under par. (a), the person is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 per day of violation.
285.87 HistoryHistory: 1979 c. 34; 1989 a. 284, 289; 1993 a. 243; 1995 a. 227 s. 511; Stats. 1995 s. 285.87; 1997 a. 283; 2001 a. 109.
285.87 AnnotationIn determining an entity’s civil forfeitures, the trial court can consider its cooperation in remediation, its initiation of remedial activities, the environmental harm caused, and the degree of its culpability. The trial court acted within its discretion in imposing a forfeiture against a contractor for its role in improperly removing asbestos although a separate contractor was responsible for the removal. State v. T.J. McQuay, Inc, 2008 WI App 177, 315 Wis. 2d 214, 763 N.W.2d 148, 07-2449.
285.87 AnnotationBecause the causes of action asserted against the defendant for violating administrative rules governing the handling of asbestos did not exist and were not known or recognized at common law at the time of the adoption of the Wisconsin Constitution in 1848, the defendant had no constitutional right to a jury trial. State v. T.J. McQuay, Inc, 2008 WI App 177, 315 Wis. 2d 214, 763 N.W.2d 148, 07-2449.
Notes of Decisions
Cited in 5
cases, 2006–2020 · leading case: State v. Harenda Enter., Inc., 2008 WI 16 (Wis. 2008).
State v. Harenda Enter., Inc., 2008 WI 16 (Wis. 2008). “[13] See Wis. Stat. § 285.87 , Penalties for violations relating to air pollution (asserting criminal penalties for violations of ch.”
State v. Harenda Enter., Inc., 2006 WI App 230 (Wis. Ct. App. 2006). “§ 285.87 (air-pollution penalties). The crux of this appeal turns on the language of the applicable federal regulation, adopted by the State, and whether Harenda's testing for asbestos contamination at what the trial court referred to in its order as "an area of the Auditorium…”
Wisconsin Legislature v. Andrea Palm, 2020 WI 42 (Wis. 2020). “30 (2)(b) (authorizing criminal penalties for violation of any order issued by DHS pursuant to toxic substances provisions); Wis. Stat. § 285.87 (2) (authorizing criminal penalties for violation of any special order issued by DNR pursuant to air pollution provisions); Wis.”
Wisconsin Legislature v. Andrea Palm, 2020 WI 42 (Wis. 2020). “30 (2)(b) (authorizing criminal penalties for violation of any order issued by DHS pursuant to toxic substances provisions); Wis. Stat. § 285.87 (2) (authorizing criminal penalties for violation of any special order issued by DNR pursuant to air pollution provisions); Wis.”
State v. T. J. McQuay, Inc., 2008 WI App 177 (Wis. Ct. App. 2008). “3 The State sought forfeitures for McQuay's and SCS's violations under Wis. Stat. § 285.87 (1) (2005-06), along with ancillary court fees and surcharges.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.