Manitowoc seeks $5.8M from former Mirro site owner for contamination

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By ALISA M. SCHAFER

USA Today Network via Reuters Connect

MANITOWOC COUNTY – The city of Manitowoc is seeking reimbursement from the company that took over the former Mirro Company for nearly $6 million in environmental cleanup and redevelopment costs.

The lawsuit against Newell Brands Inc. was filed April 9, approximately nine years after the city acquired the site of the former Mirro manufacturing building on Washington Street and began the arduous process of tearing down the prominent building.

After the building was torn down, environmental surveys revealed the ground was contaminated with PCBs, solvents, petroleum compounds and PFAS.

According to a news release from Mayor Justin Nickels, multiple assessments and the fact that Mirro was the sole industrial user of the property point to the manufacturer as the party responsible for the contamination.

“These remediation and redevelopment efforts represent a major public investment in bringing new life to one of our community’s most historically significant and long-challenged sites,” Nickels said.

“Our goal is simple: ensure accountability for environmental impacts while continuing to move forward with a project that will benefit Manitowoc residents for generations,” Nickels said.

Lawsuit alleges multiple instances of environmental contamination

The complaint filed by the city of Manitowoc alleges that Newell Brand Inc., the successor company to Mirro Aluminum Company, knew about the environmental contamination caused by the manufacturing building and did nothing about it.

The complaint states: “For over a century, ending in 1986, Newell continuously operated at the property (on Washington Street) and, during that time, caused and contributed to significant environmental impacts.”

The lawsuit cites multiple environmental assessments, including one initiated by Newell in 2003 by STS Consultants, that found various causes and sources of contamination.

Some of those include chemicals that were leaked through cracked floors and a steam outlet, used to clean soiled tools and equipment, that released oils and other substances through a floor drain into Sherman Creek.

Wisconsin DNR enforces Newell’s responsibility to clean up former Mirro property

The city of Manitowoc acquired the property that used to house the Mirro factory in 2016 and began tearing down the large manufacturing building in 2017.

Soon after the building was removed, the city began assessing what kind of environmental cleanup would be needed.

In 2018, the Wisconsin Department of Natural Resources declared Newell responsible for cleaning up PFAS and other hazardous substances that had been detected on the property. Since then, the DNR has not received any reply from Newell, nor has Newell attempted to contact the city to participate in the cleanup efforts, according to the city’s lawsuit.

The document states: “Despite its extensive operational history at the property, Newell has not requested, proposed, nor performed any interim or remedial actions necessary to restore the environment to the extent practicable or to minimize the harmful effects of hazardous substance discharges caused by Mirro, as required under Wisconsin cleanup laws. Rather, the City alone has undertaken such response actions.”

Under Wisconsin Statutes, the city is exempt from environmental liability at the former Mirro property and may recover the costs from responsible parties who possessed or controlled the hazardous substance that was discharged on the site.

Environmental cleanup required after city acquired property

The former Mirro site has undergone a long process of environmental cleanup after the manufacturing building was torn down in 2017.

After the building was razed, environmental surveys revealed the ground was contaminated with PCBs, solvents, petroleum compounds and PFAS.

There were two source areas of PCB-impacted soils, which required workers to remove the contaminated soil and haul it to landfills for disposal.

Contractors also removed the building slab and other concrete features on the site, much of which was crushed and reused at the site as fill material.

The nearly $2 million project was funded by a federal Environmental Protection Agency grant that was awarded to the city in May 2024.

Newell must respond to lawsuit by April 29

Newell has 20 days to file a response to the city’s allegations.

If the city wins the lawsuit, it is asking for the cost of damages at $5.8 million and any future costs of remediating and redeveloping the property.

Mirro property slated for ‘workforce’ apartments

While half of the site is still planned to be restored as a green space or park area, the other half will be home to a new parcel of “workforce” or affordable apartments.

The new Maritime Lofts, a 59-unit complex built by developer Gorman and Company, will be priced to accommodate a range of incomes, including some lower-income units.

Site preparation is expected to finish by the end of June, after which construction of the apartment complex will begin. It will likely take about 16 months to complete.