This 40-acre property operated as a landfill from 1952 through 1982, initially as an uncontrolled dump and later as a state-licensed facility. From 1954 to 1962, liquid wastes including chlorinated solvents such as tetrachloroethylene (PCE) and trichloroethylene (TCE) were disposed at the site — poured over garbage and burned, and in some cases poured directly into test holes in the landfill. Groundwater monitoring conducted annually since 1990 has documented extensive contamination, with tetrahydrofuran concentrations exceeding the Wisconsin Enforcement Standard by more than tenfold, alongside other volatile organic compounds, metals including arsenic and lead, and polycyclic aromatic hydrocarbons, with leachate discharge confirmed in adjacent wetlands. The site was placed on the National Priorities List in 1986, and a 1991 Record of Decision required groundwater extraction and treatment, with a Continuing Obligation for residual groundwater contamination established in 1996. 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 1952 and continued for three decades, with the most hazardous solvent disposal occurring from 1954 to 1962 — placing all contaminating activity decisively before 1986. The ongoing groundwater extraction and treatment, annual monitoring program, PFAS assessment, and residual contamination obligations under Wisconsin DNR oversight represent substantial future costs that those historical 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.