This property served as an unlicensed waste disposal site where foundry sand, construction debris, and drums of industrial oil were deposited across the parcel, with fill extending up to 14 feet below ground surface. PCBs detected in the fill material confirm disposal occurred before 1979, and Wisconsin DNR has designated the site a Historical Waste Site under the Environmental Remediation Program. Site investigations beginning in 1991 and a 2024 Site Investigation Workplan have confirmed residual petroleum hydrocarbons, volatile organic compounds, polycyclic aromatic hydrocarbons, lead, cadmium, and PCBs in both soil and groundwater, with the water table sitting at only five to six feet below ground surface within the permeable fill. 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.
Unlicensed waste disposal operations at this property — including the deposit of foundry sand, industrial oil, and PCB-containing materials that testing confirms predate 1979 — were conducted by businesses operating well before 1986. The site investigation, remediation of petroleum hydrocarbons, volatile organic compounds, polycyclic aromatic hydrocarbons, heavy metals, and PCBs in soil and groundwater, and long-term groundwater monitoring required by the Wisconsin DNR Environmental Remediation Program across 14 feet of contaminated fill represent substantial future costs that historical 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.