DOJ Obtains Judgment Against Oliver E. Butterfield and Butterfield Trucking, Inc.

WAUKESHA - Attorney General J.B. Van Hollen announces that his office has obtained a judgment against Oliver E. Butterfield and Butterfield Trucking, Inc. in Waukesha County Circuit Court for violations of Wisconsin's air pollution laws and laws regulating the transportation of solid waste.  The civil action, filed in Waukesha County Circuit Court on February 24, 2009, resulted in a judgment signed by Judge Michael O. Bohren, is against both Mr. Butterfield and his company, Butterfield Trucking, Inc., in the amount of $50,000.

The complaint states that Oliver E. Butterfield, who owns and operates Butterfield Trucking, Inc. in Waukesha, Wisconsin, illegally transported and open burned demolition waste from the Evangelical and Reformed United Church of Christ which was substantially destroyed in a fire in December 2005.  The waste hauled and burned by Butterfield contained floor tile that the Wisconsin Occupational Health Laboratory determined to contain asbestos material.  In Wisconsin it is illegal to burn demolition waste in an open burning pit.  Butterfield burned the waste in the Town of Genesee in Waukesha County on June 25, 2006.  In Wisconsin it is further illegal to transport and dispose of material containing asbestos without conforming to specific regulations designed to ensure safety.  In addition, Mr. Butterfield and his company were found to have transported solid waste without the appropriate state licenses.

Judgment was entered against Butterfield and his company as a result of the State successfully proving a motion for summary judgment, as well as an agreement with Mr. Butterfield that he and his company will pay a total of $50,000 in forfeitures and penalties.

Assistant Attorney General Cynthia R. Hirsch prosecuted the case.  The settlement was approved by Waukesha County Circuit Court Judge Michael O. Bohren.