The state of Wisconsin sued a Madison company Friday alleging it did not do enough to investigate and clean up chemical spills on its property and neglected to notify the state of more contamination.
The Department of Justice filed the lawsuit at the request of the Wisconsin Department of Natural Resources alleging Madison-Kipp Corp. failed to investigate and restore the environment and failed to notify the Department of Natural Resources of contaminating the environment at its Madison location.
According to the complaint, Madison-Kipp used tetrachloroethene, a carcinogen also known as perchloroethylene or PCE, as a degreasing solvent from the late 1940s to 1987, leading to both soil and groundwater contamination.
The DNR became aware of PCE contamination in 1994 and has overseen Madison-Kipp’s clean-up. At least 39 properties near the Madison-Kipp property on 201 Waubesa St. were contaminated. According to the complaint, Madison-Kipp and the DNR have installed vapor mitigation systems at 19 neighborhood homes.
Madison-Kipp also used oil containing polychlorinated biphenyls, or PCBs, another carcinogen, on its facility from 1966 to at least 1971 and spread spent oil as a dust suppressant on its parking lots until 1977, when they were paved.
A consultant notified Madison-Kipp that spent oil had been spread on the facility as a dust suppressant in March 2006. However, the complaint alleged Madison-Kipp did not share that information with the DNR until April 2012, after discovering PCB contamination in March 2012.
“From on or before 1994 to present, Madsion-Kipp failed to take those actions necessary or to minimize the harmful effects to lands or waters of this states caused by the discharge of tetrachloroethene and PCBs,” the complaint said.
Mark Meunier, vice president of human resources for Madison-Kipp, said the complaint is nothing new and the company knew the DOJ was going to file the complaint soon. He said it is an official step in the process.
Meunier said Madison-Kipp has been meeting with both the DOJ and the DNR every two weeks for more than 18 months.
“Madison-Kipp Corp. has been a part of the community for over 100 years, and we will continue taking care of our 400 employees while we responsibly investigate and remediate the effects of commonplace industrial practices used more than 40 years ago,” Meunier said.
Meunier said Madison-Kipp has not done anything illegal and would continue to work with DNR. He added there is no elevated health risk to the public from any of the spills.
DOJ spokesperson Dana Brueck said Madison-Kipp has been meeting with the DOJ and the DNR before litigation and it is not unusual for parties to meet.
Bill Cosh, DNR spokesperson, said since the matter is ongoing litigation, DNR could not comment on it.
According to the DNR website on cleanup efforts at Madison-Kipp, only three homes next to the company had elevated levels of PCE beneath their homes. Of the three homes, only one had a trace of PCE in the home, which is not enough to cause adverse health effects but enough to pose an increased risk of cancer to residents.
The DNR website also said that contamination has not affected public water.
