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The manufacturer of a firefighting foam that contaminated the water supply in northeastern Wisconsin with PFAS chemicals for decades agreed to a $10 million settlement with the state, the governor and attorney general announced on Thursday.

The settlement comes as residents, communities, regulators and environmental activists across the country are struggling with how to address contamination from PFAS, also known as “forever chemicals.”

Democratic Gov. Tony Evers hailed the settlement with Tyco Fire Products as a “historic and important milestone” in the fight for clean water. The lawsuit filed in 2022 alleged that Tyco, a subsidiary of Johnson Controls, had contaminated the area around a firefighting training center since the 1960s and did not do enough to address it.

“Today’s a key step toward making sure polluters are held accountable, take responsibility for their actions, and ensure Wisconsinites don’t have to foot the bill for cleaning up the messes that others made,” Evers said in a statement announcing the deal.

But residents of the affected city of Marinette were hoping for more.

“The word of the day is underwhelming from our perspective,” said Doug Oitzinger, a former mayor of Marinette and current president of the advocacy group Save Our Water. “The dollar amount disappointed us. Ten million is kind of a drop in the bucket.”

Tyco ended outdoor training sessions with the foam containing PFAS chemicals in 2017. Also that year, the company first started providing bottled water and water purification systems to affected residents. The company says it has spent more than $100 million addressing the contamination.

Tyco said in a statement Thursday that it was pleased to have reached the deal, saying it “reflects the extensive work Tyco has undertaken” to address PFAS pollution.

“We’ve been part of the Marinette community for over 100 years and the spirit of doing what is best for our neighbors and the environment will continue to be our priority,” the company said.

PFAS are often referred to as forever chemicals because they resist breaking down, whether in well water or the environment. In the human body, they accumulate in the liver, kidneys and blood. Research has linked them to an increased risk of certain cancers and developmental delays in children.

The chemicals were developed as coatings to protect consumer goods from stains, water and corrosion. Nonstick cookware, carpets, outdoor gear and food packaging are among items that contain the chemicals. They also are an ingredient in firefighting foams.

Government estimates suggest that up to half of all U.S. households have some level of PFAS in their water — whether it comes from a private well or a tap. It is a widespread problem in Wisconsin and spawned numerous lawsuits.

Under the terms of the settlement announced Thursday, Wisconsin will put the $10 million from Tyco into a trust fund earmarked for PFAS cleanup. Tyco also agreed to continue to provide for replacement wells to provide clean drinking water to affected residents, conduct required monitoring and reporting, and implement further measures for the long-term remediation of the area.

The lawsuit, filed by Democratic Wisconsin Attorney General Josh Kaul, alleged that the company violated state law when it failed to notify regulators about a PFAS discharge and did not investigate or remediate the contamination around the Fire Technology Center in Marinette, a city of about 11,000 people that borders Michigan’s Upper Peninsula.

Tyco officials said at the time the lawsuit was filed that the company has invested “considerable resources” on investigating and remediating PFAS pollution from the Marinette firefighting training facility, including offering bottled water and in-home filtration systems to affected residents as well as building a groundwater pollution extraction system.

A second lawsuit filed by the state against Tyco and more than a dozen other companies over PFAS contamination in Wisconsin remains active.

The settlement announced Thursday will take effect if it’s approved by the judge overseeing the case.

Oitzinger, the former Marinette mayor, said Tyco was getting off too easy.

“Legally you may have gotten off of some hooks, but morally you’re not there,” he said. “You’re not there by a long shot.”

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletters to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Tyco agrees to $10 million settlement with Wisconsin over PFAS water contamination is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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The Wisconsin Legislature sent a $133 million plan to combat contamination from so-called forever chemicals to Gov. Tony Evers for his approval Tuesday, promising an end to years of squabbling between the Democratic governor and Republican lawmakers over the issue.

Evers said immediately after the Senate approved the bills Tuesday afternoon that he would sign them into law. The rare bipartisan compromise offers at least some hope for the scores of Wisconsin villages, towns and cities grappling with PFAS pollution in their groundwater.

“Beautiful. This has been a long time coming,” Campbell Town Supervisor Lee Donahue said of the Senate votes. Residents of the town of 4,300 have been drinking bottled water since state health officials warned them in 2021 that more than 500 wells were contaminated. Donahue said state dollars would help the town transition from private wells to a municipal water system treated for PFAS.

“This is definitely a day for celebration,” she said.

Communities across the U.S. struggling with PFAS

PFAS — short for per- and polyfluoroalkyl substances — are manmade chemicals that don’t easily break down in nature. They’re found in a wide range of products, including cookware and stain-resistant clothing, and previously were often used in aviation fire-suppression foam. The chemicals have been linked to health problems, including low birth weight, cancer and liver disease, and have been shown to make vaccines less effective.

Communities located near industrial sites and military bases nationwide are grappling with PFAS contamination. Government estimates suggest as much as half of U.S. households have some level of PFAS in their water — whether it comes from a private well or a tap. While federal officials have put strict limits on water provided by utilities, those rules don’t apply to the roughly 40 million people in the U.S. who rely on private drinking water wells.

Municipalities across Wisconsin are struggling with PFAS contamination in groundwater, including Marinette, Madison, Peshtigo, Wausau, the town of Stella and Campbell. The waters of Green Bay also are contaminated.

In Stella, for example, private wells were badly contaminated by PFAS-laden fertilizer spread on farm fields. The state has had limited resources to help, struggling to provide widespread free testing, and officials have offered only a limited grant program for well replacements.

‘Some forward movement’

Tom LaDue, a Stella resident, lives on the shores of a highly contaminated lake. He said the Senate signing off on the bills was a rare bit of good news for his town of 670 people. Testing has shown very little PFAS in his private well, but LaDue sits on a town committee that tracks PFAS developments and he knows dozens of people are living on bottled water. He said he hopes the town will get enough money to at least test private wells for pollution.

“We’ve been waiting for it for a long time,” he said of releasing the money. “We’ll be letting everyone in the town know this has passed and we’ll finally see, hopefully, some forward movement in our small town.”

Evers and Republicans have been at odds for years over how best to address the pollution. The 2023-25 state budget created a $125 million trust fund to combat PFAS contamination, but the two camps haven’t been able to agree on how to spend it.

Two years ago the governor vetoed a GOP bill that would have spent the money on grants for municipalities, landowners and waste disposal facilities to test for PFAS in water treatment plants and wells. But Evers said the bill limited state regulators’ authority to hold polluters liable, and environmental groups urged him to kill the proposal.

Compromise bills unlock tens of millions of dollars

The fund has grown to $133.4 million during the stalemate, according to the Legislative Fiscal Bureau.

The chief sponsors of that original bill, Republican Sen. Eric Wimberger and Rep. Jeff Mursau, released two new proposals in January after discussions with the state Department of Natural Resources, an Evers Cabinet agency.

The first bill would spend $132.2 million from the PFAS trust fund for community grants, well replacements, airports and industrial properties and $1.3 million from the state’s general fund to cover 10 new state Department of Natural Resources positions to administer the spending.

The second proposal establishes a list of entities that would be exempt from liability for contamination, similar to the bill Evers vetoed in 2024. Included on the list are people who spread PFAS while in compliance with permits that did not address PFAS; landowners whose property was contaminated pursuant to a permit; owners of contaminated industrial property who didn’t cause the pollution; and fire departments that used PFAS in their foam. Businesses that own or operate facilities that currently or have used PFAS or have ever spread industrial waste could be held liable, however.

Bills generate overwhelming support

The Assembly passed both pieces of legislation unanimously on the last day of its regular two-year session in February. The Senate passed the bills overwhelmingly, approving one bill 33-0 and the other on a voice vote with almost no discussion.

“I’m incredibly proud we were able to work across the aisle to get this done — and get it done right,” Evers said in a statement.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletters to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Wisconsin Senate OKs $133 million package to combat ‘forever chemicals,’ sends bills to governor is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.