Memo: DNR will not take action against farmers for unintentional PFAS contamination

According to an internal memo, the state Department of Natural Resources (DNR) is following the lead of the federal Environmental Protection Agency (EPA) in signaling that it will not take action against farmers whose property has been impacted by PFAS (per-and polyfluoroakyl substances) contamination due to land spreading.

“The Wisconsin Department of Natural Resources (DNR) has long recognized the importance of supporting our farmers and agricultural community, and in working together to prevent and reduce the burden of contamination to our land and water,” Jim Zellmer, administrator of the department’s Environmental Management Division wrote in a May 1 memo addressed to the department’s remediation and redevelopment staff. 

“The U.S. EPA recently released a PFAS Enforcement Discretion Policy under CERCLA (another name for the Superfund law) which states the EPA does not intend to pursue response action or costs from farmers whose property has been impacted by PFAS due to land spreading. The DNR also has not and does not intend to pursue farmers who own agricultural land for response actions or costs related to unintentional PFAS contamination resulting from permitted land spreading. The DNR will continue to work with communities and stakeholders to determine whether and how additional enforcement discretion may be applied.”

PFAS (per-and polyfluoroakyl substances) are a group of man-made, fluorinated chemicals manufactured and used since the 1940s. Because they are designed to be stable and unreactive to water, grease, heat, and other elements, they are often referred to as “forever” compounds. 

Studies have shown a link between human exposure to PFAS and adverse health effects.

The eastern Oneida County township of Stella has been grappling with PFAS contamination in private wells since late 2022 when the results of a statewide groundwater investigation revealed the community is home to some of the highest PFAS readings in the state.

On May 1, residents received an update on the DNR’s ongoing investigation of the contamination as state DNR and DHS officials held an informational meeting at James Williams Middle School in Rhinelander.

During that meeting, Christine Sieger, director of the DNR’s Remediation and Redevelopment program, told the group the department was about to announce it’s decision regarding farmers who allowed land spreading on their property.

Land spreading refers to the practice of disposing of sludge/papermaking fibercake by spreading it on farmlands. 

“We’ve heard some concerns that some of you may be farmers and you may own agricultural  land,” Sieger told the group. “You may have questions about whether or not you’re going to be a responsible party — that entity that has to investigate and remediate — because you’ve allowed your property to be land spread.... the governor’s office has agreed that DNR, and I should note that we have not to date, but we will not, we do not intend to pursue farmers who own agricultural land for response actions, that’s a fancy way of saying site investigation and cleanup, or costs, related to unintentional PFAS contamination resulting from permanent land spreading.”

“I think that this is really good news for farmers and it makes good sense,” she added.

Land application, and the question of whether or not it is a hazardous activity under Wisconsin tort law, is a key component of a federal lawsuit brought by 43 Stella area property owners who allege the spread of PFAS-contaminated sludge/fibercake from the Rhinelander paper mill on local farmland caused their wells to become contaminated.

Ahlstrom-Munksjo, the current owner of the mill, is a defendant in the case as is the 3M company, which is alleged to sold and supplied PFAS products to the mill. The mill’s former owner, Wausau Paper Corp., is also a defendant, however Essity North America Inc. and Essity Aktiebolag, have been dismissed from the case by mutual agreement of the parties, according to online federal court records. Essity, a Swedish hygiene and health company headquartered in Stockholm, was initially listed as a defendant due to its acquisition of Wausau Paper back in 2015.

Heather Schaefer may be reached at [email protected].