Wisconsin takes first step to shield taxpayers from toxic cleanup cost
A re-examination of
But an influential business lobby said any changes to cleanup exemption programs should be subject to the state's lengthy administrative rule-making process.
Despite that resistance, the
Many states offer cleanup incentives to promote investment in old industrial sites, but
For a landowner who voluntarily cleans up known pollutants,
"Our biggest concern was how wide open our release from liability was, and what we were seeing in the news about
Until recently, it wasn't a high-profile issue in
"Our knowledge of the types of contamination that are out there wasn't keeping up," said
In 2017 the chemicals were found in drinking water near Tyco Fire Products, a
PFAS concentrations in 15 private wells exceeded an EPA health advisory. An additional 41 wells had lower levels. The company is providing replacement water and continuing to investigate.
Around that same time, PFAS compounds were detected below the EPA advisory level in
PFAS has also been found in groundwater at other military bases, a former industrial site and a gravel pit in
PFAS compounds were used for decades to make firefighting foam, nonstick pans and stain-resistant products. The chemicals are associated with cancer and other serious health problems.
Walker administration agreed
Under
Unlike many other states, in
The landowner is exempt from additional costs if, for example, undiscovered pollutants are found later, or when new medical knowledge leads to tighter regulations on pollutants, or research causes new restrictions on contaminants that weren't regulated at the time
Last year the
By late summer,
Someone at the
"We said, 'Oh my. Some of these may look alike,'" Foss said.
In the past, the department had routinely awarded blanket cleanup exemptions without testing for PFAS. But now it was clear there was too much risk that the state would end up paying for a cleanup if the chemicals were found, Foss said.
In August, top executives in the
The
Since August, the
If tests had been conducted and no PFAS found, the landowner would have been exempt from future PFAS cleanup costs, she said.
The "interim decision" on blanket exemptions was posted on the
Is drinking water safe?
For now, it's unknown how much PFAS is in
Contaminants on abandoned industrial sites are often found when soil or groundwater tests are conducted prior to the sale of a parcel of land.
The
After finding nothing using the EPA method in 2015, the Madison Water Utility used a more sensitive technique and found PFAS below the EPA advisory level in two wells in 2017.
The
A systematic search would help residents to know how much risk they face from their drinking water, Foss said.
In
More changes sought
Under
Typical applicants are owners of large, abandoned industrial or commercial properties. Often they want to sell or develop the land, and need to assure investors they won't one day face a huge cleanup bill.
In
The
The voluntary exemption program requires a search of available records and an examination of the site. Efforts are made to find and clean up or cap any pollutants that have been spilled.
Business lobby wants more say
Foss said additional changes should be considered for the exemption program to protect taxpayers from future cleanup costs. She expects those will continue to be discussed by the study group. The Evers administration and lawmakers may also be interested.
"We're big advocates for brownfields, and we want to be positive and constructive about redevelopment," Foss said "But the
However, the state business lobby is objecting, saying the
The
"If
Despite decades of research linking PFAS with health hazards, the federal government hasn't set an enforceable standard.
Several states have set standards or advisories for the pollutant.
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