Gas Station cleanup site — Restorical Research
Trustone Credit Union
New Berlin, Waukesha County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.

This property operated as a gasoline service station with underground storage tanks before the current structure was built in 1986. Phase I and Phase II investigations in 1995–1996 confirmed petroleum contamination in soil and shallow groundwater, leading to the excavation of approximately 1,665 tons of petroleum-impacted fill in the late 1990s, though residual contamination persisted and quarterly groundwater monitoring through 1999 showed benzene concentrations as high as 4,800 µg/L — well above NR 140 enforcement standards. Although Wisconsin DNR granted conditional closure with a groundwater use restriction in 2000, a 2025 sub-slab vapor assessment detected both chlorinated solvents (TCE, PCE, dichlorodifluoromethane) and petroleum VOCs (benzene, ethylbenzene) exceeding WDNR Vapor Risk Screening Levels, prompting reopening of the case under the Environmental Remediation Program. 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.

Former Use
Former Gas Station
LocationNew Berlin, Waukesha County
Historical UseGas Station
Est. Operating SincePredating 1986
DNR ProgramEnvironmental Remediation Program
Contamination & Investigation
Site Assessment Summary
ContaminantsPetroleum hydrocarbons (benzene, MTBE, ethylbenzene) in soil and groundwater; chlorinated solvents (TCE, PCE, dichlorodifluoromethane) and petroleum VOCs in sub-slab vapor
Regulatory ProgramWisconsin DNR — NR 700
BRRTS #02-68-598420

Why Historical Insurance Policies May Be Accessible

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.

The petroleum contamination at this site originated from gasoline service station operations that predate 1986, placing the contaminating activity within the pre-1986 window. The renewed investigation, vapor intrusion assessment, and remediation work now required under Wisconsin DNR oversight 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.

What We Look For

  • Historical insurance policies (pre-1986)
  • Policy numbers, carrier names, and coverage periods
  • Connection between contamination timing and policy period
  • Evidence linking cleanup obligation to insured activity

What We Deliver

  • Historical Coverage Chart
  • Trigger Analysis & Property/Policy Nexus
  • Coverage strategy with recommendations
  • Insurance funding for your remediation
  • Claims Management

The Restorical Proven Process

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether viable insurance coverage exists to fund the cleanup, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.