Wis. man ordered to pay penalty

By Bryan Cohen | Oct 18, 2011

Van Hollen

MADISON, Wis. (Legal Newsline) - Wisconsin Attorney General J.B. Van Hollen announced a judgment on Tuesday against a Barron County man for allegedly disposing of solid waste by burning it.

David Anderson, who was ordered to pay $2,500 in penalties and costs, allegedly violated state laws that prohibit the open burning of solid waste.

According to a civil lawsuit filed by the state Department of Justice on Aug. 10, 2009, the Wisconsin Department of Natural Resources observed heavy smoke coming from the Anderson property. After arriving at the property, DNR staff said that there was a gas can present that was used to start a fire, burning debris including mattresses, furniture, shingles, insulation, plastics, televisions, car parts, tires and other solid waste that was loaded into a skid loader, Van Hollen said.

Anderson, who was previously warned by DNR staff that he could not burn solid waste, admitted to starting the fire. Anderson was required to clean up the burned and unburned solid waste and document that it was disposed of properly in a licensed solid waste facility. More than 1,147 tons of solid waste was disposed as a result of the clean-up.

Wisconsin law prohibits the open burning of garbage, asphalt, rubber, plastic and other substances that produce harmful emissions. State law also prohibits incinerating solid waste without a license.

Anderson, who possessed no licensed to dispose of waste through open burning, was remorseful and cooperated with the DNR, voluntarily removing the solid waste and burned debris. His cooperation and remorse were taken into consideration in the settlement.

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