This landfill operated from August 1966 until its closure in January 1977, accepting industrial byproducts — including solvents from plastic fabrication, lubrication oil, and paint residues containing xylene, naphtha, cyclohexanone, and tetrahydrofuran — with drums of liquid chemicals drained directly into landfill cells from 1966 through March 1975. Volatile organic compounds including benzene, tetrachloroethylene (PCE), trichloroethylene (TCE), vinyl chloride, and methylene chloride have been confirmed in groundwater across both glacial deposits and bedrock aquifers, with contamination migrating downward through formations lacking a significant aquitard barrier. The site was listed on the National Priorities List in September 1984, and a 1992 Record of Decision selected groundwater extraction and treatment as the remedy, with the treatment system and ongoing operations-and-maintenance monitoring continuing through 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.
All landfill operations at this site occurred between 1966 and 1977 — entirely within the pre-1986 window — with industrial solvents and chemical byproducts accepted for more than a decade before closure. The groundwater extraction and treatment system, long-term monitoring across multiple aquifer zones, and any additional remediation required to achieve Wisconsin DNR closure standards represent substantial future and ongoing 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.