Lake Altoona pollution case ends with significant fines

EAU CLAIRE — A man accused of dumping wastewater into a creek that feeds Lake Altoona saw the all charges dismissed, but didn’t get away with it.

Daniel Burns III, Cedarburg, faced four counts of discharging pollutants into waters of the state, a Class U misdemeanor. Prosecutors filed the charges after wardens with the Department of Natural Resources watched him pump liquid out of a defunct landfill and into Sixmile Creek. The landfill was formerly used by Plainwell Tissue for disposal of sludge and ash.

Leachate is contaminated liquid at landfills that must be collected, stored and brought to treatment facilities. It can contain heavy metals and other harmful contaminants.

In February, prosecutors asked the judge for permission to make a “somewhat unusual” move and shift the charges from Burns to Riley Fionter, Burns’ company. The transfer also reduced the charges from four to two.

In court documents, prosecutors cited two issues that led them to conclude the transfer of charges was warranted. First, the defense had presented evidence that storm water collection was part of the landfill’s design. Second, they offered pictures showing the pumping that led to the charges had been done well before Burns’ company took possession of the land, enabling them to argue it was already established practice.

On Wednesday, Judge Jon Theisen allowed the transfer. Burns was in court as the registered agent for the company, and pleaded no contest to both counts. Theisen imposed a $25,000 fine on Count 2. The same fine was levied on Count 1, but it was stayed for 12 months. The state must prepare a report on progress with the situation in one year and, if warranted, the court could alter the fine.

Michele Skinner, chair of the Lake Altoona District Board, said the decision to impose the maximum possible fine showed the court “recognizes the importance of protecting Lake Altoona.”

The case arose because the DNR became suspicious about a steep decline in leachate removal from the landfill, which was closed in 2007. In 2014, Burns’ company reported removal of 523,698 gallons of leachate taken out of the landfill. The figure plunged by more than 90% in subsequent years, with between 18,100 and 38,000 gallons removed between 2015 and 2020. Independent estimates from an engineering firm said minimum figures should have been nearly 149,000 gallons.

Wardens watched on four occasions in June and July 2020 as Burns pumped liquid from a storage tank at the landfill down a hill that led into the creek.