This landfill operated from 1970 to 1980, accepting municipal, industrial, and commercial waste — including paper mill sludge, asbestos dust, solvents, pesticides, paint sludge, and metals — with Wisconsin DNR environmental violations documented as early as 1974. Groundwater contamination has been confirmed with TCE, PCE, benzene, vinyl chloride, methylene chloride, 1,1-dichloroethene, nickel, and lead, and leachate berm breaches during the late 1970s released contaminated material off-site. The site was listed on the National Priorities List in 1984, a Record of Decision signed in 1988 required an alternate water supply for nine residences, and long-term groundwater monitoring continues through 2025 with recent PFAS testing detecting actionable levels. 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 waste-handling operations at this landfill occurred between 1970 and 1980, placing the entire period of contaminating activity well before 1986. The ongoing groundwater monitoring program, PFAS investigation, and any further remediation required under the EPA Record of Decision represent 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.