Foam floating in the Peshtigo River. PC: Fox 11 Online
MARINETTE, WI (WTAQ-WLUK) – Just 10 days after a Wisconsin Supreme Court ruling saying the Dept. of Natural Resources can order cleanup of PFAS sites, a Marinette County case regarding the PFAS pollution at the Tyco Fire Products site was back before a circuit court judge Thursday.
In March 2022, the state Dept. of Justice filed the civil lawsuit, alleging Johnson Controls and Tyco Fire Products violated the state’s hazardous substance spills law. According to the complaint, the companies failed to notify the DNR of a PFAS discharge. It also states they failed to clean up contamination at and around the Fire Technology Center in Marinette. Tyco has denied the allegations.
The lawsuit had been on hold, waiting for the courts to rule on a related case. That June 24 decision ruled that state regulators can force landowners to clean up emerging pollutants such as PFAS before they are officially designated as hazardous substances
In court Thursday, Asst. Attorney General Kevin Grzebielski said the case was still in “forward motion,” but requested another status conference. That was set for Sept. 5.
No trial date has been set.
According to its most recent posting in March, Tyco has spent more than $100 million on a groundwater extraction and treatment systems, removing contaminated soils, and providing clean water to neighbors impacted by groundwater issues.
PFAS are man-made chemicals found in a number of products, including fire-fighting foam. According to the U.S. Centers for Disease Control and Prevention, PFAS can increase cancer risk and can affect growth, learning and women’s fertility.
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