Cedarburg man fined $25K for illegally dumping into Eau Claire creek.

MADISON - A Cedarburg man is facing up to $50,000 in fines after allowing the liquid waste byproduct of a former landfill to enter a small creek near Eau Claire, potentially putting at risk the health of nearby water bodies and residents.

Daniel Burns, who owns the former Plainwell Tissue Landfill site in Eau Claire, was charged last summer with four misdemeanor counts of discharging into waters of the state. The charges were linked to four separate instances of dumping in June and July of 2020.

Eau Claire Judge Jon Thiesen ordered Burns to pay $25,000 in fines Thursday, with another $25,000 in fines possible next year if the judge decides Burns' conduct is not satisfactory, according to online court records.

According to the complaint last summer, Burns was observed four times allowing leachate flow out from the leachate collection system and onto nearby land. Leachte is the contaminated liquid generated by landfills when liquids like rainwater percolate through waste and accumulate contaminants

He was observed by investigators from the Department of Natural Resources using a gasoline-powered pump to force leachate out of the capture system and down the hill, which led directly to Sixmile Creek. Wardens observed that the ground was saturated after Burns was finished and there were pools of "foul-smelling" liquid in several areas. The wardens collected samples from the puddles, which tested positive for cadmium, chromium, copper, nickel, mercury and iron.

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Samples were also collected three other times from the creek itself.

Burns did not have a wastewater discharge permit from the DNR, meaning he was not legally allowed to discharge the leachate into nearby waters.

The DNR alleged that Burns had knowledge of what he was doing because he is an environmental consultant, is licensed by the DNR and has experience in proper removal, storage and treatment of landfill leachate.

Burns' company, Drake Consulting Group, owns two other properties: the former Amcast NPL site in Cedarburg and the Appleton Coated Landfill in Combined Locks, according to the company's website. Burns also owns and operates Riley Fiontar, which is the business that owns the Plainwell Tissue landfill.

Burns last year pleaded not guilty, but Wednesday changed his plea to no contest. The two other charges were dismissed by the judge.

He will go before the judge again on May 20, 2025.

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Nearby residents relieved

Residents who live around the nearby Altoona Lake are worried about the pollution because Sixmile Creek inevitably empties into their lake. The lake in years prior had undergone cleanup efforts, and those who own property worried that new pollution could lower their property values and make the lake unsafe for enjoyment.

Michele Skinner, the chair of the Lake Altoona District Board, attended the hearing Wednesday and said the judge fined Burns because he found his actions "profoundly egregious and that the offenses deserve the maximum penalty." In an email to members of the Friends of Lake Altoona, she said the judge told Burns he "should have been more careful."

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Skinner was satisfied with the outcome, she said Thursday.

"We are truly thankful that the courts recognize the importance of preserving our natural resources," she said. "Our children and grandchildren swim and fish in the waters of Lake Altoona. It's our home, and we want to preserve it for future generations."

Laura Schulte can be reached at leschulte@jrn.com and on Twitter at @SchulteLaura. 

This article originally appeared on Milwaukee Journal Sentinel: Cedarburg man faces up to $50k in fines for illegal pollution