PCB Risks Downplayed  
Health Programs Cancelled  
Landfill Connections  
Other NRDA Cases

The DNR has done a poor job of warning the public about PCB contamination in fish,(81)  despite the DNR's clear responsibility to protect public health.  Advisories are not included with fishing license booklets, and boat landings near PCB contaminated waters are not posted with warnings.  The DNR's fisheries publications promote fishing and downplay PCB risks, if they mention PCBs at all.61  Advisories focus most on methods for trimming fat from fish before eating them. 
 
Local citizens have repeatedly criticized the agency for the lack of availability of advisories at local DNR offices.  The DNR sells 1.4 million fishing licenses each year, but prints only 40,000 copies of the fish advisories.  DNR's annual news releases emphasize minor reductions in PCB contamination in fish in certain locations, instead of strongly warning about continuing serious risks.57,60 
 
As a result, a recent survey by the Wisconsin Dept. of Health showed that only 39% of women and only 22% of minorities were aware of fish eating advisories.59   Women of child-bearing age and minorities are two populations with the greatest health risks from PCBs, who are most in need of awareness. 
 
The irony is that publicity about PCB cleanups in communities such as Manistique are showing an increased interest in tourism, because of the positive outlook for the future.  The DNR fisheries staff seem to be missing this point. 
 
The duck-eating advisories haven't been publicized by DNR since they were first issued 11 years ago.62 
 

Health Programs Cancelled  

In the spring of 1997, the Wis. Dept. of Justice, which represents the DNR, convened a working committee to plan a series of four public programs on PCBs & human health, on dredging and treatment technologies, on political/legal considerations, and a fourth program presenting industry viewpoints.  Several planning meetings were held,(53) and the first program was scheduled for September, 1997.  Then, at the final summer Fox River Coalition meeting, DNR staff announced the program series was cancelled (without notifying the planning committee) and the public education effort was turned over to the FRC.  The FRC never held the four programs. 
 
On April 27, 1998, the DNR had planned a public program on the health effects of PCBs.  Several nationally renowned toxicologists from several different federal and state agencies, and a prominent international author on the topic, were invited to speak.54 
 
Secretary George Meyer initiated the effort and encouraged several federal agencies and tribes to co-sponsor, which they did.  But after hundreds of invitations and press releases were sent, the DNR cancelled the program.55  The Fox Valley Chamber of Commerce and Fox River polluters had protested against the program. 
 
Local citizens, environmentalists, and outdoor sportsmen's groups were forced to spend more than $1,300 to rescue the program and offer it to the public, but just a few days before the program, the federal speakers also cancelled because they feared they would offend Gov. Thompson and endanger negotiations.80 
 
Dr. Henry Anderson, of the Wis. Division of Health (also under Thompson's control), was scheduled but also cancelled at the last minute. 
 
In July, the federal agencies finally held the same program, but Thompson's DNR again refused to co-sponsor, and Dr. Anderson was not on the agenda. 
 
Landfill Connections 

Thompson's DNR is promoting landfilling as the most desirable disposal solution for PCB sediments.   Bob Paulson, the DNR's leader of the Fox River technical effort, has repeatedly argued that the DNR has "limited dollars" to use for the two demonstration projects and the DNR wants to remove the maximum amount of PCBs possible with those dollars.2 
 
Therefore, he argues that simple landfilling represents the "least cost" solution, and downplays detoxification treatment technologies as "too expensive" without providing full documentation of the DNR's  economic analysis to the public.  Paulson also advocates relaxing Wisconsin's water discharge standards for PCBs, to help keep costs down.2 
 
The Governor/Polluter secret agreement in January, 1997, has resulted in a $7 million "cap" on the paper industry's liability for cleaning up Deposit 56/57, the most concentrated PCB hotspot in the Fox River, downstream from Fort James' Broadway Mill in Green Bay. 
 
In effect, Gov. Thompson boxed the DNR into a corner and limited DNR's dredging, treatment and disposal options at this important site --- and severely limited the size of cleanup, before the site characteristics were carefully studied.  The DNR has since discovered the site is twice as contaminated as they had thought.75 
 
The DNR had accepted as low bidder a BFI landfill  in Washburn County as the most likely disposal site for sediments dredged from the river during the two upcoming "demonstration projects."  However, BFI recently announced withdrawal from the project, due to liability and wastewater treatment concerns.77 
 
According to a Green Bay News Chronicle article on August 11, the DNR staff acknowledge that their project budgets were based on BFI's low bid of $62 per ton to dispose of PCB sediments.  The next higher bidder, Superior Special Services, asked $80 per ton. 
 
The DNR staff stated, "Other state funds should be available to make up the $2 million difference if the DNR now goes with Superior's bid." This means taxpayers could end up covering disposal costs under the Governor/Polluter agreement.  The polluters won't be covering the full costs of even one demonstration, contrary to the Governor's media releases.  
 
Superior Services' landfills in near the Horicon Marsh and in Eau Claire have been named as the most likely new sites for disposal. 
 
If landfills become the DNR's preferred remediation solution, this could mean a huge financial windfall for private landfill companies and engineers, because large quantities of sediment will require landfilling, perhaps more than 11 million cubic yards. 
 
Gov. Thompson recently vetoed a legislative proposal requiring the state to inventory leaking landfills and study ways to pay to clean them up. This doesn't bode well for future maintenance, monitoring and cleanup at sediment landfills. 
 
Gov. Thompson & Lt. Gov. McCallum received more than $138,485 in campaign donations from landfill interests, from 1990 thru 1997.7 
 
Other NRDA Cases 

The Fox River is not the only example of the state's refusal to cooperate with the federal government in cleaning up hazardous waste sites under an NRDA. 
 
In 1992, Burlington & Northern Railroad spilled toxic benzene and dicyclopentadiene in the Nemadji River near Superior, Wis.  It was a serious spill which required evacuation by thousands of nearby residents. 
 
The U.S. Fish & Wildlife Service (FWS) collected samples, shared reports and met frequently with the DNR staff.  After several discussions, DNR staff drafted a memo to the DNR Secretary recommending that the DNR participate in a NRDA with the FWS.  Staff were overruled, and DNR settled out of court with the Railroad.  DNR lawyers included fish and wildlife damages in its settlement claim, using FWS data as evidence. 
 
The U.S. Fish and Wildlife Service did not feel the State had gotten enough cleanup money to compensate for the damage caused by the Railroad; therefore, FWS conducted its own NRDA.  The FWS effort was weakened in court by the state's actions, because the Railroad argued that they had already settled with the state for the fish and wildlife damages. 
 
In a second case, EPA and Fish & Wildlife Service, invited DNR to participate with them in an NRDA to clean up toxic lead shot which was poisoning geese and other wildlife by the Trap & Skeet Club (Playboy Club) at Lake Geneva.  DNR declined, but EPA and FWS succeeded in completing the NRDA and cleaning the site. 
 

Report Sections 

The Purpose of this Report  

Twelve Years of Delay - A Fox River Clean-up Timeline 

Deals, Consultants, Paper Industry Allies, and Tourism 
 
The Health Risks of PCBs and Landfilling Contaminated Sludge 
 
Legislative Connections, Paper Company Economics, and Industry Control of the Process 

The Fed's Step In 
Conclusions and Recommendations 

The Paper Money Trail - Political Campaign Contributions to the Governor 
 
DNR Report Study Methods 

References 
 

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