Madison East Side residents affected by toxic chemicals from a machine component manufacturer will be able to file a class action lawsuit following a Wisconsin judge’s ruling.
Wisconsin Federal Judge Barbara Crabb ruled last week that East Side residents living near the Madison-Kipp Corporation on Waubesa Street were entitled to a class action lawsuit against the company, Clerk of Courts Peter Oppeneer said.
The Kipp Corporation has been facing criticism from its neighbors since the mid-1990s, according to Ald. Marsha Rummel, District 6.
“Chemicals used by the Kipp Corporation were spilled underground,” Rummel said. “This spill has affected the water quality for the surrounding area and has contaminated the homes in the area, as the material changed from a heavy chemical to a vapor.”
The Kipp Corporation has attempted to clean up the toxins by installing Radon detectors in the affected homes. According to Rummel, these detectors are drilled into the basements of the homes near Kipp Corporation and act as a vacuum by sucking up the toxins.
Tetrachloroethylene, also known as PCE, was used as a degreaser in the Kipp Corporation and is the biggest concern for residents, according to Dane County Public Health Official John Hausbeck.
“This chemical solvent is a known carcinogen to those exposed through inhalation, direct contact and ingestion,” Hausbeck said. “Inhalation is the primary concern in this case as the chemical spilled to the ground can move through the soil as a vapor and build up in nearby homes.”
The class action lawsuit was proposed last fall by several of the affected families who did not think the Kipp Corporation was doing enough to help clean up the mess, Rummel said.
DNR presented the Kipp Corporation with a “Scope of Work” plan last year, addressing what can be done to clear the soil and groundwater contamination as well as the vapor intrusion, according to Rummel.
“The DNR is also taking the case to the state’s Department of Justice, so this is becoming much more than a civil issue,” Rummel said.
The Kipp Corporation could not be reached for comment.
