'A toothless watchdog': state lawmaker calls for changes after latest lawsuit alleging TCE exposure

MILWAUKEE (CBS 58) -- At least one state lawmaker is calling for new laws in the wake of a second Milwaukee-area apartment building that is contaminated with dangerous chemicals.

This week a class action lawsuit was filed against the developers of the Lydell Apartments, claiming they exposed residents to TCE.

TCE is a carcinogen that can be found on the sites of former landfills or dry cleaners.

Some people are still in their homes because an emergency evacuation is not in effect.

Attorneys allege the building developers disregarded DNR warnings that people should not move in, but a state lawmaker says right now there is no way to enforce those recommendations.

State Sen. Chris Larson said, "If the DNR does not have the teeth added, this is a toothless watchdog."

Under current law, Wisconsin DNR cannot test building sites for harmful chemicals. It's up to local municipalities if they have the resources.

Larson said Republicans cut a $9.2 million proposal from the governor's budget that would have funded the program. He said, "We need to have a law change that allows the DNR to test proactively. Then the second thing is we need to fund these positions."

Attorneys claim dozens more families are now forced to either keep exposing themselves to the carcinogen TCE or find a new place to live.

In the latest class action lawsuit, Lydell residents allege the building's developer -Cypress Bayshore Residential, LP- ignored DNR's warning the building was unsafe.

Attorney Michael Cerjak said, "There's written documentation in both of these cases indicating the DNR's position was that testing should be completed before occupancy occurs."

But Cerjak said DNR apparently did not alert the city of Glendale, so when the developers ignored the alleged warnings and allowed people to move in, the city was unaware of the health concerns.

Cerjak added, "There seems to be a communication breakdown between the DNR, which seems to be the entity responsible with assessing environmental issues, and local municipalities, which are responsible for enforcing their building codes."

Cerjak's class action suit is the second lawsuit filed against Cypress.

The attorney in the other suit told us over the phone he alleges the developers not only exposed his client to TCE, but committed fraud by falsely claiming the building was safe.

A spokesperson for Cypress declined to comment Friday "because Cypress is still reviewing the allegations."

In the meantime, Senator Larson is preparing for more TCE contamination in more residences. "Right now, the DNR is going through old Yellow Pages to create a site map of places where there were old dry cleaners that are no longer there, to try and get an idea of the scope of the problem."

The developers offered Lydell residents $500 to end their leases, but it requires them to waive the right to sue if they develop health problems in the future.

We called and emailed DNR for an interview but they did not respond.