This property operated as a dump from at least 1935 through the early 1960s, receiving industrial waste — including paint, dyes, resins, and lacquers containing leaded pigment — as well as foundry sand, incinerator ash, and municipal garbage, with waste deposits reaching up to 50 feet in depth. Contamination confirmed across the site includes metals (lead at concentrations up to 22,000 mg/kg), polycyclic aromatic hydrocarbons (PAHs), polychlorinated biphenyls (PCBs), volatile organic compounds, chlorinated solvents, and petroleum. Groundwater seeps discharge from the bluff face toward Lake Michigan, with vinyl chloride detected above maximum contaminant levels, and Wisconsin DNR's 2024 closure denial specifically cited unresolved contamination migration pathways including groundwater flow to the lake, contaminated seep water, and ongoing bluff erosion carrying waste material into Lake Michigan. 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.
Dumping operations at this site began in the mid-1930s and continued through the early 1960s, placing nearly three decades of waste disposal squarely within the pre-1986 window. The unresolved groundwater contamination, active bluff erosion carrying waste into Lake Michigan, and the investigation and remediation work required to address the migration pathways identified in Wisconsin DNR's 2024 closure denial 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.