Public Works cleanup site — Restorical Research
Burke Wastewater Treatment Plt (Fmr)
Madison, Dane County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a public works and maintenance facility going back to 1914. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.

This property operated as a public works facility beginning in 1914, handling domestic sewage and later industrial waste through its closure in 1978. Seven sludge lagoons were constructed on-site between 1955 and 1968, and additional materials — including coal ash and industrial byproducts — were disposed of in on-site lagoons over the facility's decades of operation. The facility was demolished in the late 1980s and early 1990s, with structures buried on-site. Groundwater investigations under the Wisconsin DNR Environmental Remediation Program have confirmed metals (arsenic, chromium, lead) exceeding NR 140 enforcement standards, PFAS contamination exceeding proposed enforcement standards in multiple monitoring wells, and PFAS migration into nearby storm sewers and surface water. 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.

Former Use
Former Public Works
LocationMadison, Dane County
Historical UsePublic Works
Est. Operating Since1914
DNR ProgramEnvironmental Remediation Program
Contamination & Investigation
Site Assessment Summary
ContaminantsMetals (arsenic, chromium, lead) and PFAS (PFOA, PFOS) in groundwater; PFAS in storm sewer water and surface water
Regulatory ProgramWisconsin DNR — NR 700
BRRTS #02-13-315773

Why Historical Insurance Policies May Be Accessible

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.

Operations at this facility began in 1914 and continued for more than six decades before 1986, with all contaminating activities — including lagoon construction, waste disposal, and coal ash deposition — occurring squarely within the pre-1986 window. The ongoing groundwater investigation, PFAS assessment, and remediation work required to reach Wisconsin DNR closure represent future costs that 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.

What We Look For

  • Historical insurance policies (pre-1986)
  • Policy numbers, carrier names, and coverage periods
  • Connection between contamination timing and policy period
  • Evidence linking cleanup obligation to insured activity

What We Deliver

  • Historical Coverage Chart
  • Trigger Analysis & Property/Policy Nexus
  • Coverage strategy with recommendations
  • Insurance funding for your remediation
  • Claims Management

The Restorical Proven Process

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether viable insurance coverage exists to fund the cleanup, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.