AG Kaul Announces Cleanup Agreement for Wisconsin Public Service Corporation Superfund Site in Marinette

MADISON, Wis. – Attorney General Josh Kaul announced today that a federal judge has approved a settlement under which the Wisconsin Public Service Corporation (WPS) will conduct the cleanup of historic polycyclic aromatic hydrocarbon (PAH) contamination located at a former WPS manufactured gas plant site in Marinette, Wis.

“Under this agreement, WPS must clean up this contaminated site in Marinette. That cleanup, as well as the long-term monitoring required under the agreement, will protect human health and the environment,” said Attorney General Kaul.

The agreement requires WPS to conduct remedial activity at the site, to dredge and dispose of the PAH-contaminated sediments, and to perform long-term monitoring to assess the success of the remediation. In addition, the agreement provides that WPS will pay all future oversight costs incurred by the Wisconsin Department of Natural Resources in carrying out its oversight responsibilities during the remediation and monitoring work. WPS is required to obtain financial assurance in the amount of $7,600,000, which is the total estimated cost of the work to be performed.

The State of Wisconsin and the United States of America are co-plaintiffs in the lawsuit that was filed in the U.S. District Court, Eastern District of Wisconsin. The complaint and proposed consent decree were filed with the U.S. District Court on May 13, 2020. After a period provided by statute to allow public comments, Judge William Griesbach approved the settlement on September 18, 2020. Wisconsin Department of Justice (DOJ) Public Protection Unit Assistant Attorney General Lorraine C. Stoltzfus represented the state.

Because this compromise was reached prior to the commencement of a civil action, requirements of 2017 Wisconsin Act 369 do not apply.

Relevant court documents are available online:

• Complaint
• Consent Decree
• Appendix

Press release: https://www.doj.state.wi.us/news-releases/ag-kaul-announces-cleanup-agreement-wisconsin-public-service-corporation-superfund