Wisconsin cleaners face final deadline for DERF
Wisconsin drycleaners face an Aug. 30 deadline for entering the state’s Drycleaners Environmental Response Fund which assists with clean-ups of
chemical contamination on current and former drycleaning sites.
Drycleaners are being advised to arrange for testing if there is a possibility
of contamination by drycleaning chemicals on their current property or any
facility that they owned or operated in the past.
Those who do not enter the program by Aug. 30 could find themselves liable for a
future clean-up without any eligibility for reimbursement from DERF. This
liability would apply for contamination discovered at some point in the future,
such as during testing that is part of a property transaction.
In order to enter the program, a cleaner must show that contamination exists
which requires hiring an environmental consultant to test samples of soil and
groundwater and reporting any contamination to the Department of Natural
Resources.
The testing process can take six to eight weeks. If the cleaner no longer owns
the property in question, the process can take even longer to work out access
agreements with the current property owner.
If the testing doesn’t show contamination, the cleaners won’t need the DERF program and probably has little to worry about regarding
potential liability.
However, liability casts a wide net under Wisconsin law. Anyone who causes,
possesses or controls contamination to the land water or air of the state is
responsible to cleaning up that contamination. Liability extends to anyone who
currently or in the past spilled chemicals discovered at the property; the
current owner even if that owner did not cause the contamination; and past
owners. If contamination from drycleaning chemicals is discovered on a property
at any time, the owner of a drycleaning facility at or near that location at
any time in the past can be held liable for the clean-up.
Being a part of the DERF program does not change the liability aspect, but it
does make the property owner eligible to receive assistance with the clean-up
costs through the state fund. No one will be allowed to enter the program after
the Aug. 30 deadline.
In an article for the Wisconsin Fabricare Institute’s publication Impressions, attorney Donald P. Gallo advised cleaners to make a
list of all current and past drycleaning locations. Those who are leasing or have leased locations should
contact the current property owner to discuss the DERF deadline.
“Time is running and these situations are complicated and take time to explain
and work through,” Gallo said. “You may want to seek legal counsel or the counsel of an environmental consultant
regarding your sites.”
Entering the DERF program is not the “perfect solution,” Gallo wrote, but it can greatly reduce out-of-pocket costs. A drycleaner who
does not test and enter the DERF program by Aug. 30 could face very high costs
for direct and consequential damages in addition to legal defense, he said.
Those who do enter the program must consider how to control costs and work to
match the rate of spending with the rate of reimbursement from DERF. Those
reimbursements can take one to five years, Gallo noted.
Information on the state program and how to apply can be found on the DNR’s website: dnr.wi.gov/org/aw/rr/financial/dryclean.html.
The DNR web site also has information on selecting an environmental consultant
at: dnr.wi.gov/org/aw/rr/cleanup/select_ec.htm
Haiges hails open house success
Haiges Machinery, Inc., hosted Clean Expo ’08, the largest live equipment show in the Midwest, April 26-27 at its
headquarters in in Huntley, IL.
Hundreds of drycleaners showed up to view live equipment demonstrations, talk
with factory representatives, attend spotting and maintenance classes, and
enjoy the food and hospitality.
Attendees had the opportunity to view the latest innovations in utility and
labor-saving drycleaning and laundry equipment.
R.R. Street & Co. Inc. and Adco presented wetcleaning and drycleaning spotting classes to a
packed house.
Firbimatic featured its new Saver SM drycleaning machine, which operates with
hydrocarbon and requires no steam or water connection.
Feori cleaned all types of garments in its chilled water system featuring “spin cleaning technology.”
