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MADISON — A Barron County man, who knowingly violated the law by disposing of solid waste by burning it, has been ordered to pay a total of $2,500 in penalties and costs. The State of Wisconsin brought this case against David Anderson for violations of state laws that prohibit open burning of solid waste.
According to the civil lawsuit filed by the Wisconsin Department of Justice (DOJ), on August 10, 2009, Wisconsin Department of Natural Resources (DNR) staff observed heavy smoke coming from the Anderson property. Upon arrival at the property, DNR staff observed a gas can used to start the fire and Anderson pushing burning debris including mattresses, furniture, shingles, insulation, plastics, televisions, car parts, tires and other solid waste into a skid loader. Anderson, who had been previously warned by DNR staff that he could not burn this solid waste, admitted starting the fire. Anderson was required to clean up the burned and unburned solid waste and document that it was disposed of in a licensed solid waste facility. More than 1,147 tons of solid waste was disposed as a result of this clean-up.
Wisconsin law prohibits the open burning of plastic, rubber, asphalt, garbage and other substances that produce harmful emissions. State law also prohibits the incineration of solid waste without a license. Anderson, who possessed no licenses to dispose of waste through open burning, was remorseful and cooperated with the DNR and voluntarily removed the solid waste and burned debris. His remorse and cooperation were taken into consideration in the settlement.
Wisconsin Assistant Attorney General Mary Batt represented the State. Barron County Circuit Court Judge James D. Babbitt approved the settlement.
Copies of the Judgment and the Stipulation and Order for Judgment are available at the following links: