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Forever Chemicals, Lasting Debate

Who Pays for PFAS? Wisconsin Lawmakers at Odds Over Cleanup

As toxic PFAS continue to plague Wisconsin’s water supplies, elected officials are butting heads over who should foot the bill for the damage. While both political parties claim to want to protect innocent landowners, their plans could determine whether polluters or taxpayers should carry the cost.

PFAS or per- and polyfluoroalkyl substances are “forever chemicals” found in everyday products, such as nonstick cookware, food wrappers, and waterproof clothing. These chemicals don't break down easily and linger in the environment for decades, causing fertility issues, increased risks of cancer, and other health issues. They have recently been found in Wisconsin soil and water, especially in farmland fertilized with sludge from sewage treatment plants. Once on the ground, PFAS can contaminate groundwater and surface water, both vital drinking water sources for humans, raising serious public health concerns. The Wisconsin Department of Natural Resources (DNR) is currently monitoring more than 100 PFAS-contaminated sites, with many of them in residential and farmland areas.

This growing PFAS crisis has sparked political conflict over who should take on the cost of cleanup. Gov. Tony Evers has proposed an item in the new state budget addressing PFAS contamination. It would exempt “innocent” agricultural and residential landowners, those who did not knowingly cause PFAS contamination on their property, from paying for the cost of cleanup if they give the Wisconsin DNR access to the affected properties for testing and cleanup. However, Republican lawmakers argue that Evers’ version is too narrow and doesn’t offer enough protection for landowners. Evers vetoed a Republican version of the innocent landowner bill last year, arguing that the language was too vague and could allow actual polluters to escape responsibility. Meanwhile, new Republican bills are proposing policies that limit the DNR's ability to enforce the spills law, which requires anyone who controls land polluted by hazardous chemicals or is responsible for releasing them into the environment to take the necessary steps to clean it up.

Currently, $125 million in state funding for PFAS cleanup remains unused. Although the money was approved in the last two-year budget, the Republican controlled finance committee hasn’t transferred it to the DNR. Republican lawmakers say that transferring the money without limiting the DNR’s powers would not benefit the impacted landowners and would allow the DNR to punish them rather than provide assistance. Democrats argue that the DNR already has the authority to act and withholding these funds only delays testing and cleanup in these affected areas. Until a compromise is reached, the funding remains frozen, and so does the progress on cleanup that’s urgently needed.

In a recent legal development, the Wisconsin Supreme Court ruled in favor of the DNR, saying that it has the power to enforce cleanup under the spills law without needing to classify PFAS as a hazardous substance. Environmentalists are considering it a victory and offer a path for quicker and more effective cleanup efforts. Supporters of this ruling, including Gov. Tony Evers, are saying it prevents polluters from avoiding responsibility.

As the debate over the responsibility for PFAS cleanup continues, Wisconsin communities are left waiting with growing frustration. While lawmakers continue to clash, the health and well-being of residents are at stake. Without a clear path forward, PFAS only spread, proving that inaction in the government can be just as harmful as pollution.

[Sources: Badger Herald; State Affairs; Wisconsin Department of Natural Resources; Wisconsin Public Radio; Wisconsin Watch]

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