This 1.2-million-cubic-yard landfill was licensed by the Wisconsin DNR in 1974 and accepted municipal, commercial, and industrial waste — including barrels of glue, paint, ink washes, spray paint booth by-products, and paint stripper sludge containing volatile organic compounds — until court-ordered closure in 1988. Groundwater monitoring has confirmed extensive contamination, with concentrations of tetrachloroethylene (PCE), trichloroethylene (TCE), vinyl chloride, and cis-1,2-dichloroethylene (cis-1,2-DCE) far exceeding Wisconsin NR 140 Enforcement Standards. The contaminant plume has migrated off-site, contaminating private drinking water wells and prompting the installation of point-of-entry treatment systems at nearby residences. The site was listed on the National Priorities List in 1992 and remains an active Wisconsin DNR Environmental Remediation Program case, with 14 private wells still under monitoring as of 2025. That history could support an insurance coverage claim against the carriers who issued policies more than 40 years ago — coverage that could help fund the cleanup ahead.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Wisconsin — and those policies may provide coverage that remains enforceable today. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
Landfill operations at this site began in 1974 and the entire 1.2-million-cubic-yard waste volume was exposed to leaching throughout more than a decade of pre-1986 disposal activity, placing the origin of groundwater contamination squarely in the pre-1986 window. The ongoing groundwater monitoring, private well sampling, treatment system maintenance, and remediation work required to address a plume that continues to exceed NR 140 standards represent substantial future costs that those historical pre-1986 carriers may be obligated to fund.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.