This week, Tyco asked the Wisconsin Department of Natural Resources (WDNR) to retract its April 23 letter to the company regarding the levels of polycyclic aromatic hydrocarbons (PAHs) in sampled water at Ditch A, as well as upgrades of the treatment system at that location. The letter the WDNR sent was not related to per- and polyfluoroalkyl substances (PFAS).
The WDNR letter made a number of inaccurate claims:
- The WDNR has been aware for some time that the perceived exceedances cited in the letter were simply an inadvertent calculation error by Arcadis and not actual exceedances. We corrected the inaccurate data in writing to the agency twice, once in December 2019 and then again in February 2020. Both corrections to the WDNR were made months before we received this letter.
- The initial reports of this information, which included the mistaken data, were shared with the WDNR in a proper and timely manner. The WDNR’s claims to the contrary are inaccurate.
- We informed the WDNR in late 2019, through writing and regular project calls, that we were making a number of upgrades to Ditch A’s treatment system. The upgrades did not change how the system was filtering PFAS, or the rate of water flowing through the system. These were purely upgrades to increase system uptime and reduce maintenance-related labor, and therefore, we were not required to obtain pre-approval before making them. Not only did the WDNR have several reports on the upgrades, but WDNR personnel even observed the upgrades during a visit to the site in November 2019. Only several months later did the WDNR issue this letter stating we had not properly informed them of the upgrades.
We have always valued our working relationship with the WDNR, even if we do not always agree. In this instance, there are a number of misleading assertions contained in the letter the WDNR sent to us. It is our sincere hope that they will reevaluate their position and update Ditch A’s regulatory status, and we can continue to productively and collaboratively work with the agency.