DNR issues emergency order against developers of contaminated Milwaukee apartment complex

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MILWAUKEE (CBS 58) -- The Wisconsin Department of Natural Resources is putting pressure on the developers of an apartment building contaminated by a toxic chemical.

Community Within the Corridor was evacuated last week, after being notified of high levels of trichloroethylene (TCE), which could increase health risks and cause pregnancy complications.

With more than 150 residents displaced, the DNR has filed an emergency order.

The agency has the authority to issue emergency orders to those responsible for hazardous contamination.

The order, filed Friday, says developers have until Tuesday to provide extensive documentation or they could be prosecuted by the Wisconsin Department of Justice.

"We bring enforcement action when the circumstances of a particular case dictate that, and that can include when there are orders that aren't followed or when there's a significant danger to the public," said Attorney General Josh Kaul.

While he can't yet comment on the emergency order, his office does often work with state agencies to enforce environmental laws.

This case could move to his office if the DNR doesn't receive documents from the apartment's developers in the allotted time.

"Our attorneys who regularly work on those types of cases will review the facts of the case and work closely with the agency," Kaul said.

The DNR's order requests developers submit maps and data outlining the system meant to guard against TCE contamination.

It also asks for documentation of toxic soil excavation.

DNR officials said they strongly recommended several times for the developers to wait to occupy the building.

The emergency order makes this clear, listing at least eight instances between 2020 and 2023 when they recommended waiting for mitigation test results.

Community Within the Corridor provided this statement to CBS 58 on Monday:

"Community Within the Corridor LLP has been working closely with the Wisconsin Department of Natural Resources to address environmental concerns impacting part of its housing development. This has included voluntary and prompt sharing of information on our significant and ongoing efforts to fix the problem, answering any questions the department may have, and providing documents about the property, its vapor mitigation system, and testing processes. Those efforts will continue, and we will comply with all requirements stipulated in the DNR's order as we work to find a solution that will allow residents to safely return to their homes."

Along with Tuesday's deadline, the developers have 45 days to submit documentation describing the outcome of their cleanup efforts.

At least one displaced resident told CBS 58 they are planning to take legal action.


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