(Credit: Pixabay)Wisconsin has filed a civil environmental enforcement lawsuit against Johnson Controls and Tyco Fire Products for violations of the state’s hazard substance spills law.
According to the complaint from the Wisconsin Department of Justice, the companies failed to notify the Wisconsin Department of Natural Resources of per- and polyfluoroalkyl substances (PFAS) discharges at the Fire Technology Center in Marinette. The complaint also says the companies failed to remediate the contamination at and around the site.
As part of the lawsuit, the state is seeking a financial penalty from Johnson Controls and Tyco and is asking the companies to investigate and clean up the PFAS contamination at the Fire Technology Center. The PFAS were discharged to the water, land and air from the use of firefighting foam during training and testing at the Fire Technology Center, according to the state.
According to the suit, the companies knew about and began testing for the contamination in 2013 but did not report the findings to the Wisconsin Department of Natural Resources until November 2017. Last year Johnson Controls agreed to pay residents of Peshtigo $17.5 million for PFAS contamination at the same site.
“When companies contaminate our water, they must fully remediate the harm they’ve caused,” says Wisconsin Attorney General Josh Kaul. “Every Wisconsinite should be able to rely on the safety of the water they drink. The Wisconsin Department of Justice is committed to protecting the public and holding accountable those who endanger the health of Wisconsinites.”
PFAS are used in a variety of materials and products, including firefighting foam, fast food wraps and non-stick cookware. They resist environmental degradation and can have adverse health impacts.
In the fall of 2021, the EPA released its PFAS Strategic Roadmap to tackle pollution problems from the chemicals. The roadmap includes plans to keep PFAS out of water and the air, update facilities, increase research and development regarding the impacts of the chemicals, and hold polluters accountable.
Several communities and agencies have recently settled similar lawsuits against chemical companies.
Saint-Gobain, Honeywell and 3M settled for $64 million in February 2022 due to PFOA chemical contamination in Hoosick Falls, New York. Saint-Gobain also agreed in late 2021 to pay residents of Bennington, Vermont, $34.15 million for similar pollution in that community.
In 2021, LyondellBasell subsidiaries agreed with the EPA to make $50 million of facilities upgrades as a result of violations to the Clean Air Act. The company also has paid $3.4 million in civil penalties as a result of the violations at its facilities in Iowa and Texas.
According to the Wisconsin Examiner, Tyco said in a statement it has been managing the remediation of the Marinette site, and construction of a system to treat 95% of the PFAS in the groundwater will be completed this summer. The company expects to finish removing contamination from the soil soon.
