County supervisors approve PFAS-related resolution

Tom LaDue is expecting his grandchildren to visit his Snowden Lake home this summer, but he doesn’t know whether they’ll be able to spend much time in the water. That’s because Department of Natural Resources (DNR) testing has shown that Snowden Lake, a 135-acre oasis in the Town of Stella, has the unfortunate distinction of having the “highest concentration of PFAS compounds of any lake in the county tested so far.”

PFAS, or per- and polyfluoroalkyl substances, are human-made chemicals that don’t break down easily. Often called “forever chemicals,” they’re found in numerous household products and have been linked to low birth weight and cancer.

LaDue was one of two individuals to address the Oneida County Board of Supervisors during the public comment portion of the group’s Jan. 16 meeting on the subject of an advisory resolution to be sent to the DNR regarding the testing of private wells in the County for PFAS. The resolution, brought to the full board by the supervisors of the county Board of Health committee, requests that the agency test well water  in areas near locations where sludge/waste spreading was historically permitted.

The resolution also requests that the DNR, or the state, pay for the testing in “all areas within a two-mile radius surrounding where the DNR permitted biosolids to be applied.”

After the resolution was introduced, supervisor Jim Winkler offered an amendment changing the radius from two to six miles.

While some agreed with Winkler, the suggestion of a six-mile radius was concerning to others.

“I’m certainly open to making the radius bigger but it gets into the question of how far do we go,” noted supervisor Billy Fried. “I don’t know if, as opposed to putting in an exact number, we can imply that we don’t want it limited to a certain distance.”

The motion ultimately passed on a 12-5 vote with four supervisors absent. 

The amended resolution, which the DNR has no legal obligation to follow, ultimately passed unanimously. 

“It’s a difficult situation for the people who live on the lake and in the Town of Stella,” LaDue said, noting that residents whose wells have been found to have dangerous levels of PFAS have been advised by the DNR and state health officials to not drink the water or use it for cooking and watering vegetable gardens. 

“We’re not to eat the fish out of the lake. We should be careful swimming, not to swallow any water and take a shower after swimming,” he told the supervisors. “I have six grandchildren that come up to visit me in the summer. I have yet to know what I’m going to do about that,” he added.

LaDue suggested that the two-mile radius chosen by the board of health might not be wide enough.

“I live outside the 2.5 mile radius from downtown Stella where the DNR was testing,” he said. “I have neighbors that live outside that 2.5 radius that there wells have tested high for PFAS chemicals, so 2.5 miles may not be far enough.”

Eric Rempala, a Harshaw resident and a member of the non-profit advocacy group Oneida County Clean Waters Actions, implored the board to recognize the seriousness of the PFAS issue locally and act accordingly.

“This PFAS issue is a big deal and it’s a big deal right here in Oneida County,” he said, adding that the board needs to work with the DNR to help the residents of Stella.

The state legislature needs to “stop playing political games and release the $125 million that they designated for PFAS relief,” he added.

“Anybody who has lived up here for years, anybody with knowledge of sludge spreading knows that it has been done in many, many places in Oneida County heavily over the years,” he continued. “These issues are more than likely legacy issues, 20-30 years or more this stuff has been spread and it’s a good chance most of it has had PFAS at some level ...”

“The time to stick your head in the sand is over,” he added, noting that the Rhinelander-Oneida County Airport, the city and the county lawyered up “in fear of financial repercussions” after two city wells (Nos. 7 and 8) were found to have dangerous level of PFAS back in 2019.

“This issue needs to be assigned to a specific committee, it needs to be on the agenda every month so items can be discussed,” he added.

The $125 million Rempala mentioned is a reference to a state PFAS trust fund that remains in political limbo.

The trust fund was created as part the 2023-2025 biennial budget, and signed into law in July, but no monies have been distributed.

While the DNR has argued it has programs that can be utilized to get the funds to those in need, the GOP-controlled legislature has chosen  to pursue legislation to govern the distribution of the funds. 

According to the Associated Press, in late 2023 the state Senate passed a Republican-authored bill that would create grants for cities, towns and villages, as well as private landowners and waste disposal facilities, to test for PFAS in water treatment plants and wells. 

However, the GOP-controlled state Assembly has not yet acted on the bill and Gov. Tony Evers has indicated he doesn’t support it because, he has opined, it adds new restrictions to the DNR’s existing authority to hold polluters accountable and address future water contamination 

“Under the bill, the DNR would need landowners’ permission to test their water for PFAS and would be responsible for remediation at contaminated sites where the responsible party is unknown or can’t pay for the work,” the AP reported. “The agency would be prohibited from taking any enforcement action against landowners who spread PFAS in compliance with a license or permit or own land contaminated through legal manure spreading. Landowners who allow the DNR to remediate contaminated property at the state’s expense would be immune from enforcement action.”

Evers spotlighted the trust fund controversy during Tuesday’s State of the State address, once again calling on the legislature to release the money.

In a press release issued after the speech was delivered, the governor’s office alleged that the Senate bill “not only does not release the $125 million from the trust fund to the DNR to deploy these resources to those who need them but actually adds new restrictions to the DNR’s existing authority to hold polluters accountable and address future water contamination despite impacted communities voicing their strong opposition to this unnecessary provision.”

Rep. Rob Swearingen (R-Rhinelander) released the following response to the governor’s remarks on the PFAS funds.

“Over the past several months, we (the legislature) have worked countless hours to negotiate in good faith with the Governor’s DNR on provisions they would like to see in a bill, and several concessions were made,” he said. “I hope Governor Evers truly cares about the health of our communities and signs this legislation next month.”

Meanwhile, there is a lawsuit pending in federal court where the plaintiffs — several Stella property owners — argue that the historical practice of spreading sludge from the Rhinelander paper mill on fields in Stella led to the high levels of PFAS found in their wells. Chemical giant 3M is also defendant in the lawsuit because, the plaintiffs allege, it provided the chemicals in question to the mill.

Additional pleadings in that lawsuit are expected to be filed within the next few weeks.

Heather Schaefer may be reached at [email protected].