The Department of Natural Resources identified at least two parties in the past four years as responsible for addressing PFAS contamination the agency attributed to others, according to agency records.
The records show DNR has issued letters identifying responsible parties for PFAS contamination across 22 sites since 2020. And a WisPolitics review found DNR issued at least two such letters to parties even though the agency pinned the blame on others for causing the contamination. State law does not include a responsibility exemption for so-called “innocent landowners.”
A separate request for enforcement actions related to PFAS contamination found at least six notices of violations were issued over the period — two of which were sent to parties that may not have caused the contamination.
The enforcement process involves issuing a maximum contaminant level violation, notice of violation and enforcement conference to discuss it, as well as a plan and timeline to resolve the pollution.
DNR issues responsible party letters to those required to investigate the degree and extent of contamination when there is a confirmed discharge of a pollutant to the environment. The letters explain how entities can investigate and clean up contamination to comply with the law.
Meanwhile, the office of Sen. Eric Wimberger, R-Green Bay, pointed to more instances of parties it argued were wrongly held responsible for contamination.
WisPolitics requested the DNR records as GOP lawmakers have regularly raised concerns the agency is putting innocent landowners on the hook for contamination they didn’t cause while holding up the release of $125 million to combat the forever chemicals.
Dem Gov. Tony Evers vetoed a bill co-authored by Wimberger and Sen. Rob Cowles, R-Green Bay. It laid out a framework for the funding. Evers objected to provisions he argued would restrict DNR’s ability to regulate PFAS and hold polluters accountable. He has called for Republicans to release the funding under a proposal that mirrors SB 312, without provisions that would restrict DNR authority.
But Republicans have argued the components are crucial to ensure those who haven’t caused contamination don’t foot the bill for pollution they didn’t cause.
One of the responsible party letters was sent on May 25, 2022, to Fraser Properties related to a Chilton property. DNR in the letter said the agency was exercising its discretion to pursue the cause of the contamination — Newell Rubbermaid, Inc. — but noted Fraser Properties would have to take action if the manufacturer was “no longer able or willing” to address the contamination.
The other letter was sent to West River Lofts LLC in Milwaukee for a Two Rivers property. The company was named a “possessor” of contamination on March 3, 2022. Later that month on March 25, a responsible party letter was sent to Newell Operating Company for contamination caused by aluminum cookware manufacturing by Mirro Aluminum Company, a division of Newell.
DNR did not have additional comment, noting the agency has the authority to issue responsible party letters to those who “cause,” “possess,” or “control” discharges of a hazardous substance under the state’s Spills Law.
The Spills Law, which establishes DNR’s authority to require those responsible for hazardous contamination to immediately report it and take action to restore the environment, is currently being challenged before the state Supreme Court by Wisconsin Manufacturers and Commerce.
State law does not exempt “innocent” parties from responsibility.
Any public water systems that exceed PFAS standards under the federal Safe Drinking Water Act are required to resolve the contamination. There are 101 sites in Wisconsin currently addressing contamination.
Under state law, a responsible party is anyone who “causes,” “possesses” or “controls” contamination by a hazardous substance to the environment. That means someone can be labeled “responsible” despite not having caused the contamination.
There is no exemption under state law for innocent property owners, though DNR can use its discretion to prioritize the person or entity who caused contamination. DNR has vowed not to pursue farmers for unintentional PFAS contamination due to landspreading waste.
DNR has issued 25 responsible party letters related to PFAS contamination since 2020. Many of the recipients included manufacturers such as Oshkosh Defense, Fincantieri Marinette Marine, 3M, Sun Chemical Corporation, Georgia Pacific and Newell Operating Company.
See the full story at WisPolitics.
