MILWAUKEE — The Department of Natural Resources (DNR) said it "strongly recommended" a property developer wait until a series of indoor contamination tests were complete before moving in residents.
On Saturday, the Milwaukee Public Health Department ordered the evacuation of around 150 people from the east block of The Community Within the Corridor, a new affordable housing development at 32nd and Center.
That came after the city was alerted by the DNR on Friday of a chemical health hazard at the development.
Elevated levels of the chemical trichloroethylene (TCE) were identified in both occupied and unoccupied residential spaces, according to health authorities. The Centers for Disease Control and Prevention says TCE is a known carcinogen.
According to the apartment complex's website, it used to be the Briggs & Stratton industrial complex.
Christine Sieger, the DNR's Remediation and Redevelopment Program Director, said because of prior industrial use, the developer had installed a system to mitigate the risk of toxic vapor. But, Sieger said, even with that system in place multiple rounds of testing (or commissioning the system) are recommended to make sure the air is safe.
Sieger said the DNR does not have the authority to issue or deny occupancy permits. But, she said, they pushed strongly against residents moving in before commissioning was complete.
Communications between DNR, property developers, and consultant
Public records from January show the DNR sent an email to multiple parties, including the developer and the company overseeing the vapor mitigation system, KSingh & Associates, Inc.
In it, the DNR said it "strongly recommends completing all necessary rounds of commissioning [the mitigation system] prior to any occupancy to avoid potentially exposing future residents to indoor air contamination that may present acute health risks."
The final round of commissioning — to test that the system is properly mitigating toxic vapor — was scheduled for completion in August, according to records.
In a response to DNR, according to records, KSingh & Associates said it understood DNR's concerns about TCE. But it said a six-month delay on occupancy "would put an enormous economic burden on the development which would have a chilling effect on all other redevelopment projects involving TCE in the State."
The response continued: "Given that the first round of commissioning will occur in heating season conditions, we are confident that we will provide an assessment of the worst-case conditions for the first round of Commissioning."
KSingh said if there is no vapor intrusion detected during their first round, there is "little risk associated" with a fully operational vapor mitigation system under state guidelines. But, it said, if TCE is detected, proper notifications would be provided and corrective actions taken.
From the records, on March 20, the DNR emailed KSingh & Associates asking for an update on the first round of results from vapor mitigation system commissioning. The DNR also asked for a schedule on occupancy, unaware, it appears, that people had already moved in.
KSingh responded on March 20 that they received the results on March 16 and that they were "tabulating the test results" with plans to respond by the end of the week and offer an "early look."
DNR responded by again asking KSingh for an occupancy schedule and then again for a third time on March 22. DNR sent another email on March 22 to two of the building's developers, also asking them for an occupancy schedule. The developers did not respond, but KSingh replied on Wednesday, March 22, that the "East Block has some occupancy" and they're "working on taking corrective measures."
The next day, Thursday, March 23, the DNR emailed KSingh and the developers to say that KSingh told them over the phone that elevated levels of TCE had been detected from indoor air samples. The DNR requested the commissioning results as soon as possible along with a map of occupied units. They also asked if there were women of "childbearing years" in the building.
KSingh responded on Thursday night that it's their "understanding there are women of child bearing age in the building" and to contact KSingh with any questions while they put contingency plans into action. They also included the latest test results.
The contingency plans, as detailed in records, include efforts to seal parts of the building against vapor intrusion, but the evacuation of residents is not mentioned.
Statement from property developers and owners
Following a request by TMJ4, Roers Companies and Scott Crawford, Inc., part owners and developers of The Community Within the Corridor, said in a statement that testing of their soil vapor mitigation system was completed successfully prior to resident move-ins in late 2022. As part of continued testing, the latest tests showed a "significant increase in TCE levels" in four occupied apartments.
The statement also said they received test results on March 23 and immediately notified the DNR, who notified Milwaukee Health Department.
"The East building at CWC remains closed while we work with environmental experts, engineers and contractors to address the results of this recent test, including performing ongoing testing and remediation efforts. We will continue to support our residents by providing alternate housing and additional support until they can safely return home. The health and safety of our residents is our top priority, and we will continue to work with the Department of Health, WDNR and our partners to return the indoor air quality in the East building to safe levels, said Roers and Crawford in their statement.
What's next for residents?
A statement released by the Milwaukee Health Department said it's working to see that residents are safe and finding alternative long-term housing for them.
"The primary focus at this time is to ensure all residents are removed from the initial health threat," the department said. "The Milwaukee Health Department asks for respect for the privacy of residents during the ongoing relocation efforts."
The Milwaukee Health Department said it's holding meetings on Tuesday evening to offer support and answer questions for the people evacuated from the building. The DNR, as well as the Department of Health Services, and other state and city authorities, will be present.
The Red Cross has said it's also been in meetings with the Milwaukee Health Department about how it can offer support.
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