MARINETTE – The Wisconsin Department of Justice announced on Thursday, June 4, that it has reached a historic agreement with Tyco Fire Products that will help remediate the environment, provide clean drinking water for Marinette-area residents and address discharges of per- and polyfluoroalkyl substances (PFAS) in the area.
The settlement includes a $10 million monetary payment from Tyco to the State of Wisconsin. The funds will be deposited in the PFAS Trust Fund. The monetary payment to the state is in addition to the approximately $100 million the company has already spent to address PFAS contamination in the Marinette area.
As part of the settlement, Tyco will continue to provide for replacement wells, conduct required monitoring and reporting and implement further measures for the long-term remediation of the agreed-upon area.
This represents one of the most significant environmental settlements in the history of Wisconsin.
“Reliable access to safe and clean water is critical for strong communities and people’s health and peace of mind,” said Attorney General of Wisconsin Josh Kaul.
“This resolution is a major step on the path toward a more secure future for folks in the Marinette area.”
This agreement settles claims made in a lawsuit that Kaul filed against Tyco in 2022, alleging that the company violated the state spill law when it allegedly failed to notify the Department of Natural Resources (DNR) of a PFAS discharge and allegedly failed to investigate and remediate PFAS contamination at and around the Fire Technology Center in Marinette.
PFAS are a group of human-made chemicals used for decades in numerous products, including non-stick cookware, fast food wrappers, stain-resistant sprays and certain types of firefighting foam. PFAS chemicals resist degradation in the environment and accumulate in the body. Those contaminants may be linked to serious adverse health effects in humans and animals.
Epidemiologic studies have shown that potential adverse human health effects from exposure to some PFAS include increased serum cholesterol, immune dysregulation, pregnancy-induced hypertension and kidney and testicular cancers. Exposure to certain types of PFAS is also associated with low birthweight in humans, suppressed immune system response, dyslipidemia, impaired kidney function and delayed onset of menstruation.
Under the settlement, Tyco has agreed to provide $10 million to the State of Wisconsin’s PFAS Trust Fund. Tyco will also provide a deep drinking water well for every existing plot within an agreed upon area. This offer remains valid for 20 years, during which time Tyco will also maintain the wells.
The company will also continue monitoring and reporting on ground and surface water quality within an agreed-upon area and will submit reports to the DNR that establish goals for PFAS remediation in soil, groundwater and surface water. The DNR retains control over approving, conditionally approving or disapproving the submittals.
Additionally, Tyco agreed to continue to remediate PFAS in the soil, groundwater and surface water, including through the usage of the Groundwater Extraction and Treatment System (GETS).
While significant, this settlement represents just one part of the overall response to PFAS contamination in the Marinette area.
Gov. Evers and Kaul filed a separate action in July, 2022, that remains pending. That action was filed against manufacturers — including Tyco — and other companies involved in the manufacture and sale of products that contain PFAS.
The 2022 case was filed to address the “wrongful, deceptive and tortious conduct” that led directly to PFAS contamination of Wisconsin’s water, property and natural resources.
Additionally, lawmakers recently enacted legislation releasing $133 million from the PFAS trust fund to be used to help address PFAS contamination throughout the state.
In the settlement agreement, Tyco has additionally stated that a substantial portion of $180 million remains available for ongoing long-term remediation efforts to address PFAS contamination at or near the Fire Technology Center and surrounding areas in the City of Marinette and Town of Peshtigo, as well as for the continued remediation at Tyco’s Stanton Street manufacturing facility located in Marinette.
The settlement was filed on June 4 with a Brown County Circuit Court judge handling the case on behalf of the Marinette County Circuit Court. The agreement will go into effect once approved by the court.
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