This property operated as an auto salvage and scrap metal yard from at least 1961 through 1986, a period spanning more than two decades of industrial activity. PCBs have been detected in soil — a contaminant banned under federal law in 1979, confirming that contamination originated during the pre-1986 operational period — and arsenic and other RCRA metals exceed Wisconsin Administrative Code NR 140 preventive action limits in groundwater across multiple monitoring wells. Wisconsin DNR denied a request for site closure in August 2025 and has directed a comprehensive degree-and-extent investigation of all former scrapyard areas, with additional soil sampling approved under an active Site Investigation Work Plan. 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.
Auto salvage and scrap metal operations at this property ran from at least 1961 through 1986, introducing PCBs — banned federally in 1979 — along with arsenic and other heavy metals into soil and groundwater over more than two decades of pre-1986 industrial activity. The comprehensive degree-and-extent investigation directed by the Wisconsin DNR, remediation of residual PCB contamination in soil, and ongoing groundwater monitoring for arsenic and RCRA metals exceeding NR 140 preventive action limits 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.