This landfill operated from the mid-1960s through 1980, accepting both municipal solid waste and industrial chemical waste, including up to 1,000 fifty-five-gallon drums of industrial waste. Chlorinated solvents (TCE, 1,1-DCA), petroleum compounds (toluene, xylene, trimethylbenzenes, naphthalene), and heavy metals (arsenic, barium, manganese) have been confirmed in groundwater, with a contamination plume extending more than 800 feet from the landfill and discharging into adjacent wetlands and the Black River. The site was listed on the National Priorities List in 1984 and remains an active Wisconsin DNR Environmental Remediation Program case, with 26 monitoring wells and 6 private wells sampled semi-annually as of the most recent 2024–2025 monitoring period. 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 — spanning from the mid-1960s through 1980 — occurred entirely before 1986, and the industrial waste disposal practices during that period are the documented source of the groundwater contamination. The ongoing semi-annual groundwater monitoring program, private well management, and any further remediation required to address the migrating plume represent future costs that those 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.