The state of Wisconsin has reached a $10-million settlement with Tyco Fire Products LP over allegations that the company failed to report, investigate and remediate per- and polyfluoroalkyl substances (PFAS) contamination linked to its Fire Technology Center in Marinette, resolving a lawsuit filed by the state in 2022.
The settlement, announced June 4 by Governor Tony Evers and Attorney General Josh Kaul, addresses claims that Tyco violated Wisconsin’s hazardous substance Spills Law by failing to notify regulators of PFAS discharges and failing to adequately investigate and clean up contamination associated with decades of firefighting foam testing and training activities at the facility.
The lawsuit alleged that PFAS contamination from the Fire Technology Center had affected groundwater and surface water in and around the City of Marinette and the Town of Peshtigo since the 1960s. Tyco, a subsidiary of Johnson Controls and a manufacturer of firefighting foam containing PFAS, was accused of not taking sufficient action to address the contamination.
Tyco ended outdoor training sessions with firefighting foam containing PFAS in 2017, the same year it began providing bottled water to impacted residents.
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Under the agreement, Tyco will pay $10 million into Wisconsin’s PFAS Trust Fund to support future contamination cleanup efforts across the state. The payment comes in addition to approximately $100 million the company says it has already spent addressing PFAS contamination in the Marinette area.
Tyco also stated that a substantial portion of roughly $180 million remains available for ongoing long-term remediation activities at and around the Fire Technology Center, as well as at the company’s Stanton Street manufacturing facility in Marinette.
“This represents one of the most significant environmental settlements in the history of Wisconsin,” state officials said in announcing the agreement.
Beyond the monetary payment, the settlement requires Tyco to continue providing clean drinking water to affected residents, including installing deep private drinking water wells for existing properties within an agreed-upon area over the next 20 years. The company must also continue groundwater and surface water monitoring, establish PFAS cleanup goals for soil, groundwater and surface water, and submit remediation plans and progress reports to the Wisconsin Department of Natural Resources (DNR).
The agreement further requires Tyco to continue operating its groundwater extraction and treatment system and to restore the environment to the extent practicable under Wisconsin’s Spills Law.
Tyco will continue offering and installing private deep drinking water wells for eligible property owners in the affected area. Under the settlement, DNR will not require additional drinking water measures beyond those agreements provided monitoring demonstrates the wells continue to provide safe drinking water. However, the agreement notes that Tyco does not agree to be bound by the state’s PFAS drinking water criteria, while DNR maintains that safe drinking water standards are based on health advisory levels established by the Wisconsin Department of Health Services.
Governor Evers said the settlement is part of a broader effort to hold polluters accountable for PFAS contamination.
“Every Wisconsinite should be able to trust the water coming from their tap,” Evers said in a statement. “We’ve worked to lead the fight against PFAS from Day One of my administration, and 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.”
The settlement comes as Wisconsin expands its efforts to address PFAS contamination statewide. Earlier this year, Evers signed legislation creating the state’s first comprehensive PFAS cleanup program, providing more than $125 million to support remediation projects and improve access to clean drinking water in affected communities.
