MILWAUKEE — The owners of a Milwaukee apartment development have until Tuesday to comply with a state emergency order or risk prosecution by the attorney general.
The Wisconsin Department of Natural Resources (DNR) is demanding immediate action from Community Within the Corridor (CWC). On March 24, the Milwaukee Health Department evacuated around 150 tenants from the apartments following the detection of toxic vapor.
Under the order, property developers have two business days to submit various documents, including the specifications of a vapor mitigation system, which is designed to keep toxic vapors out of buildings on contaminated soil. A first-round test of the system revealed elevated levels of trichloroethylene, or TCE, a known carcinogen, according to health authorities.
The DNR also said CWC has 45 days to document how they're addressing the hazard and the results.
CWC was formerly a Briggs & Stratton building, and the presence of TCE in the soil has been documented by the state for around 20 years. Vapor mitigation systems, however, can be used on redeveloped sites with contaminated soil to allow for safe commercial and residential use.
In documents, the state DNR outlines years of communication with the CWC, highlighting its concerns about TCE. And in January this year, according to DNR, it "strongly recommended" completing a series of tests of the mitigation system before people lived there.
However, CWC, according to a statement, began moving people into the development's East Block in December of 2022.
In another statement from the developers, in response to the emergency order, they said the following:
"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."
On Tuesday, TMJ4's Bruce Harrison asked Attorney General Josh Kaul what could happen if CWC didn't comply.
"I'm not going to comment on the specifics of an ongoing matter," said Kaul. "We bring enforcement actions when the circumstances of a particular case dictate that. That can include when there are orders that aren't followed, when there's a significant danger to the public."
For now, it's unclear when or if tenants will be able to return to Community Within The Corridor East Block.
On Tuesday evening, Legal Action of Wisconsin is hosting a "Listening session and Know Your Legal Rights presentation" for CWC tenants.
They're meeting in the Mitchell Street Library Community Room, 906 W. Historic Mitchell Street, from 4 to 6 p.m.
A flyer for the event states: "Come share your experience with Community Within the Corridor, your relocation, and your concerns."
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