However the grievance says the DNR wouldn’t approve a cleanup plan except it additionally examined for PFAS. Based on the grievance, Kantor has spent greater than $235,000 and has been compelled to maintain the enterprise going to cowl the prices.
A statute often known as the “spills legislation” provides the DNR authority to manage the discharge of hazardous substances, which the legislation defines as something “that may trigger hurt to human well being and security, or the setting, due to the place it’s spilled, the quantity spilled, its toxicity or its focus.”
There isn’t any definitive record of hazardous substances, which may embody poisonous chemical compounds as nicely manure, corn, and even milk and beer that in excessive concentrations can foul public waters and kill aquatic life.
“Defendants freely change what substances and concentrations of gear are thought-about a ‘hazardous substance’…with out discover, and with no public enter or legislative oversight,” the grievance states. “By way of these adjustments, Defendants regularly transfer the objective posts for the regulated group, prolonging circumstances, and stopping closure and redevelopment of properties.”
WMC argues the DNR must be required to undergo the rule-making course of to ascertain a listing of what it considers hazardous substances and at what portions or concentrations.
They’re asking the courtroom to dam the company from imposing cleanup of any “rising contaminants” together with PFAS, a gaggle of greater than 4,000 substances which were linked to most cancers and different illnesses.