Tyco $10M Wisconsin PFAS Settlement

Tyco Fire Products agreed June 4 to a $10 million settlement with Wisconsin over PFAS contamination from its Marinette firefighting foam facility, Gov. Tony Evers and Attorney General Josh Kaul announced in Madison.

The deal resolves a March 2022 lawsuit by the Wisconsin Department of Justice against Johnson Controls International and its subsidiary Tyco, which alleged the companies violated the state's spills law by failing to immediately report PFAS contamination around Tyco's fire training facility, according to WPR. Sampling first detected the contamination in 2013, but the company did not alert the state until four years later, WPR reported.

Kaul called it one of the most significant environmental resolutions in the state's history and the largest settlement in a case handled exclusively by the state, according to WPR.

Evers called the deal "a key step toward making sure polluters are held accountable" in a statement reported by The Associated Press via ABC News, and described it as a "historic and important milestone" in the fight for clean water.

Terms of the settlement

Under the agreement, Tyco must pay $10 million into the state's PFAS trust fund earmarked for cleanup of the chemicals, according to WPR and the AP. The company must also provide clean water to residents with PFAS-polluted private wells, including newer deep wells, for the next 20 years, WPR reported.

Tyco must additionally establish cleanup goals for soil, groundwater and surface water, continue remediation work, and keep monitoring and reporting on groundwater and surface water quality, according to WPR and Environment+Energy Leader. The Wisconsin Department of Natural Resources retains authority to approve or reject the company's remediation submittals, Environment+Energy Leader reported.

The settlement takes effect only if approved by the judge overseeing the case, the AP reported. The Wisconsin DNR will decide how the trust fund money is used, with approval from a legislative committee, Kaul told WPR.

"I also hope the funds are allocated quickly because you know this community has waited a long time," Kaul said in the WPR interview, adding that he hopes community members will have input as the DNR moves forward.

Decades of contamination in Marinette

From the 1960s until 2017, Tyco and its predecessor, Ansul Company, used firefighting foam containing PFAS at the 380-acre Fire Technology Center in Marinette, a city of about 11,000 people on the Michigan border, according to WPR and the AP. Sampling at the site showed levels of PFOA, one of the most widely studied PFAS chemicals, as high as 254,000 parts per trillion in groundwater — tens of thousands of times higher than federal drinking water limits, WPR reported.

Sampling shows 236 of 776 wells tested by Tyco or the DNR in the Marinette and Peshtigo area exceed state health advisory levels for groundwater, according to WPR. PFAS, often called forever chemicals because they resist breaking down, accumulate in the liver, kidneys and blood, and research has linked them to increased risk of certain cancers and developmental delays in children, the AP reported. Residents weighing claims over long-latency environmental exposure face filing deadlines explained in this guide to statutes of limitations and discovery rules.

Tyco said it was pleased to reach the deal. "We've been part of the Marinette community for over 100 years," the company said in a statement reported by the AP, adding that doing what is best for its neighbors and the environment "will continue to be our priority." The company says it has spent more than $100 million addressing the contamination, including bottled water, in-home filtration, deep wells and a groundwater extraction system that has treated more than 450 million gallons since 2022, according to WPR.

Residents call deal underwhelming

Doug Oitzinger, a Marinette resident with the nonprofit Save Our Water, called the settlement "underwhelming," WPR reported.

"A $10 million settlement doesn't seem like a lot of money for all the contamination," Oitzinger said, according to WPR. He noted the agreement requires no health studies in the area, which Kaul said was not among the remedies available for the alleged violations.

Under the deal, the DNR will not require Tyco to further investigate or clean up PFAS in an expanded site investigation area around the facility, where responsibility has long been disputed, WPR reported. For individuals considering their own claims against corporate defendants, this primer on how to sue a company walks through the civil litigation process step by step.

What happens next

The settlement does not end Wisconsin's PFAS litigation against Tyco. A separate state lawsuit against JCI/Tyco and other companies seeking cleanup-cost recovery remains active and has been transferred to U.S. District Court in South Carolina as part of multidistrict litigation over firefighting foam, according to WPR.

Tyco previously settled a lawsuit by public water systems for $750 million in 2024 and reached a $17.5 million settlement with Peshtigo residents in 2021 covering roughly 270 homes, WPR reported. In April, Evers signed bills releasing about $133 million from the state's PFAS trust fund to address contamination, according to WPR; Environment+Energy Leader put the legislative investment at $125 million.

Frequently Asked Questions

What does the Tyco settlement require?

Tyco must pay $10 million into Wisconsin's PFAS trust fund, provide clean drinking water — including deep wells — to affected residents for 20 years, set cleanup goals for soil and water, and continue monitoring and reporting. A judge must approve the deal.

What was the lawsuit about?

Wisconsin's Department of Justice sued Johnson Controls and Tyco in March 2022, alleging spills-law violations. Sampling found PFAS around Tyco's Marinette fire training facility in 2013, but the state says the company did not report the releases until four years later.

How widespread is the contamination?

Testing shows 236 of 776 private wells sampled in the Marinette and Peshtigo area exceed state health advisory levels. Groundwater at the site has tested as high as 254,000 parts per trillion for PFOA, far above federal drinking water limits.

Does this end Tyco's PFAS liability in Wisconsin?

No. A separate state lawsuit against Tyco and other manufacturers seeking cleanup costs remains active in federal multidistrict litigation in South Carolina. Tyco also previously paid $750 million to public water systems and $17.5 million to Peshtigo residents.

Sources

Reporting compiled from court records and the cited source outlets.