Peshtigo Town Board Holds Water Meeting

Issue Date: August 5, 2021

Town of Peshtigo Chairperson Cindy Boyle on behalf of the Town of Peshtigo Board of Supervisors, invited Katie McGinty, Vice President and Chief Sustainability/ Vice President of Global Operations of Johnson Controls Inc. (JCI) to an in-person Town Special meeting held on Friday, July 30 to discuss JCI's current position regarding their permanent safe water solution to the Town of Peshtigo as a result of the PFAS contamination caused by Tyco/JCI.

McGinty was joined by Tyco/JCI Community Support Consultant Mary Gade. Representatives from the Wisconsin Department of Natural Resources (WDNR), Christine Haag, Director of Remediation and Redevelopment Program and Kyle Burton Field Operations Manager Bureau of Drinking and Groundwater were also present.

McGinty then introduced herself and thanked Boyle and the Town for having all of them there and for all they have been doing to catalyze these discussions. We all have a shared vision about the water line and want to be able to deliver the permanent source of water that the people deserve. McGinty said, "I am very excited to work together with you. I started my career in 1989 working with then Senator Al Gore as an Environmental Policy Advisor and then became Deputy Assistant to President Bill Clinton and chaired the White House Council on Environmental Quality and not too long after that I became Secretary of Environmental Protection in my home state of Pennsylvania. When I have not been in Government, pretty much in my whole career, I have been in the renewable energy/ energy efficiency and now for the past 2-1/2 years have been privileged to be working with Johnson Controls (JCI). She then gave the focus to Mary Gade.

Gade said, "We are trying to find ways to get information to the public better. I have spent 30 years in environmental protection, a lot in government and a lot in remediation. I have helped in the early days with the superfund program, establishing and putting some of the policies in place and was also an official in Washington to the Nationals program for Superfund. I ran the State Agency Illinois EPA for eight years and was regional administrator for the US EPA for a couple of years. I come here with a lot of interest to help get this moving and solving the problem. Boyle then introduced Christine Haag and Kyle Burton of the WDNR.

Boyle asked McGinty, "Can you confirm that you will be the final authority to permanent safe drinking water for the Town of Peshtigo and if not who is?" McGinty replied, "These matters typically would proceed to the CEO, however, our CEO and our Senior leadership are 100% apprised of all these issues and have been very much engaged in and insuring they move along and invest the resources we need to move the remediation effort forwardâ€. Boyle added, "Through media, legal documents and public statements, JCI has indicated great confidence in the commitment to supply water to the Town of Peshtigo through the City of Marinette, however, in light of Marinette 's July 6 resolution rejecting that option what does JCI see as their plan B and its projected timeline? McGinty then said, "We looked at Marinette as one choice and is the more attractive option, we haven't ever placed odds on it or whether there would be other alternatives, but we have looked at Marinette as one of the options. Maybe I am being optimistic, but I also heard the Mayors comments and some of the other Alderpersons comments even as the Resolution was being passed that it was not a door slamming shut and they have remained open to conversation. That is the key part I took out of thatâ€. Boyle responded, â€�If that doesn't happen, what is your plan B, I feel that onus is on JCIâ€.

McGinty replied, "We're hoping for today for this conversation to start. As you, as elected representatives of the people of this town, you need to tell us what you think is the optimal solution. The kind of shared objectives are one, to provide that permanent source of clean drinking water, two, is to be able to do that as quickly and easily as possible and three to not replace the water issue with an economic burden issue. Other than those principals we don't want it to be hard and fast and don't feel it is constructive to say this is the only thing to consider. You are the ones that are the best keepers in the best interest of the folks of the Town. We are here to be open to that dialogue and are open to that vision. We all want and do our best to see if we can meet that, get that waterline built and solve this problemâ€. Boyle responded, "We will be leading our own path but to do that we want the onus of responsibility to be on JCI to provide us with whatever we need to vhet out those options. We are genuinely curious as to what JCI is planning to use as their potential plan Bâ€.

McGinty responded, â€�The one that has been done for us by Arcadis is the option that makes most sense. The second one done for the Town by Cedar Corp came to similar solutions with it being the Municipal water source as being preferable. There is more than one municipal source, with being the City of Marinettte or the City of Peshtigo. For constructablitly reasons, the City of Marinette would be a more efficient option to build a water line in a timely fashion. Those resources give us a pretty good picture of what are the pros and cons of deep well ideas or of the municipal options that might be out there. Thats what we have looked at for Plan A, Plan B and Plan C types of options.

Supervisor Kayla Furton asked, â€�Have the edits been made for the RAOR (Remedial Action Options Report)â€? This report identifies and evaluates options to prevent, minimize, stabilize or eliminate threats from the discharged hazardous substances and to restore the environment to the extent practicable. McGinty said â€�For the most part, those questions have been flushed out. I don't know if it was DNR's feed back if the line would be fully looped or use a flushing project as an alternative to the looping. Does the Town want the line fully looped or do they want the flushing hydrants? How do we see the pros and cons of that? For the DNR is there not a complete RAORâ€? Haag said, â€�Our primary concerns are that the alternatives are laid out by an engineering perspective and not a feasibility perspective, when they think about deep wells being feasible. What the RAOR had not yet done was lay out the implications of one option versus another and haven't provided details of one option versus another. Implementability is not just whether or not you can construct it. Implementability is if it is feasible based on if a community is willing to provide or sell water, or whether or not it is feasible if the community is willing to accept it. We want to have all the details and find out what that means to you. Whether it is feasible of one option versus another, does one option come with annexation?â€ We want you to have all the options with one versus another so you have all that information to make a decision.

Gade then responded, "We have been waiting for the community for their input so we can respond better with the options. This is an important start to that processâ€.

Supervisor Cindy Baur addressed McGinty, "You are interested in providing clean drinking water. Are you taking responsibility for all those outside of the plume in the southbound area"? McGinty said, "The plume area, that is our study area of 180 homes and businesses that have been part of our testing program for the past three yearsâ€. Cindy Baur then said, "The data shows the plume is spreading. Knowing and understanding that, yes this is spreading". McGinty replied, "At this point, our data and science suggests that it is not moving. Over three years of testing and analyzing we have a very clear view as to where the plume is. The GETS program will contain 95% of PFASâ€. Our data of over three years suggest that it is not spreadingâ€. Baur again said, â€�However the data shows it is moving into the Bay and continues to move into the bay for the next 30 yearsâ€. McGinty stressed, â€�Again, The data doesn't show that the plume is spreading. There may be some movement of the plume but the plume is fully defined. It is within that plume that our PFAS resides and that is the PFAS we take responsibility for and that the waterline is going to be part of the solution in terms of water that has been adversely impacted by that PFAS. Every aspect of this we take full responsibilities if it is from our operations. What does the science say in terms of where that footprint is and in this process I want you to have access to that data as deeply you need to be satisfiedâ€.

Boyle asked Haag, â€�Has something changed where the DNR changed their designation as JCI to the responsible party to the extended investigation areaâ€? Haag responded, â€�No the DNR has not changed our opinion on that, JCI is still the responsible party for that extended area. The DNR has not approved the site investigation yet. We received all the documents but we did not sign off of it yet. We don't agree and have not approved yet if that could have traveled or not. The DNR still has questions if there was air transport or notâ€.

Boyle asked McGinty, "What is the next step"? McGinty said, "At the end of the day the DNR is the sole keeper as to whether or not the site investigation is done and if the full suite of remedial measures that need to be taken are completed. The DNR is the only one that can determine that if remediation is done and they are the ONLY one that can determine that. We have to work with the DNR and I commend them for all they do. The GETS is a 2,400 page report and the DNR reviewed and turned it around in record time". Boyle also asked, "If there is an issue with PFAS during a home construction project or soil, is Tyco responsible for the cost"? McGinty replied, "We would work with you on that if it was infected by Tyco if we are responsible for thatâ€.

Baur asked, "What are they doing about the farm fields"? McGinty responded, "There are 160 different properties that the DNR has identified. If wells were impacted, we provided bottled drinking water. There is still work to be done. There were properties that have been tested and identified and Tyco was asked to test them. There were 20 properties that have been provided bottled water. This is a topic that needs to be worked through. Drinking water is what we were asked to look at and that is our focus and what we did".

Baur then asked the DNR if they are considering action on the fields. Haag replied, "Katie is correct, we focused on the water first. The DNR still expects there will be full site investigations. It is still an open case that will be an open investigation, but our main focus is from how the FTC impacted soils, surface water, sediment and ditches. Drinking water is #1, but our expectations would be to test and how far and to what extent. Air pathways is still a plan of discussion, did it travel through the air? The DNR and JCI has signed a Memorandum of Understanding (MOU) and the DNR will oversee this process and JCI will reimburse the DNR. We hope to be under contract the end of August".

Supervisor Kristin Edgar asked Haag why the timeline is so far down the road for the summit and Haag responded, "We have to do this thoroughly and that takes time. There is prep time, people need time to plan and respond, there is an interview process and lots of other things to plan for. I am also a deadline oriented person, time is money and I understand deadlines. We are committed to moving this along, but it is critical we get this right. It does take time to do this. My gut feeling is, this is not a one and done, it is a process and there may be multiple meetings".

Jeff Lamont, Town Resident and Retired Hydrogeologist Water Expert, questioned McGinty asking, "After the summit, based on the studies, what if we decide to go with the City of Marinette, What makes the most sense? What are the next steps? Some Council members talked how important it is to help their neighbors. You have a lot of political clout in the area, what would your next steps be to get the City to do this"?

Edgar interjected, "I think the facilitator should reach out to both the cities of Marinette and Peshtigo to see what is the best option". McGinty replied, "There will be an establishment of a process to work through and are hopeful to expect that the City of Marinette will join everyone around the table to be part of the total process. This will be a perfect catalyst to work through". Gade added, "We see this as more than just one summit. It may take multiple meetings, it will be a process".

Boyle then provided an emotional invite to McGinty and any others that cared to in the room, to close their eyes and imagine yourself and picture yourself with you and your children in one of the most pleasant times of your life...And now imagine finding out that your children have been exposed to poison for decades and the property you own has a completely different value and impression and you don't know what your future looks like from a health and financial perspective for your family. What would you want for your family and your assessment of what you think Town residents deserve as a result of Tyco/JCI contaminating their water for decades. And whether you have that answer or not I genuinely ask that you keep that in your heart moving forward.

McGinty respectively and thoughtfully answered, "I think that was beautifully said and I think what people deserve is clean water and this beautiful community that they have invested in and they have every right to be able to live and enjoy and raise their children and what they deserve is all of us. I want to thank this board. You have catalyzed this process that we have been hoping for this day and we are grateful. We need to put these solutions in placeâ€. Boyle interjected, "I ask that you do right by this community and not your employer, be mindful of that". McGinty continued, â€�I am absolutely moved by what you are saying and so glad that you are moving this process. I am also absolutely proud to be part of JCI and Tyco in the work we are trying to do to fix it, and absolutely the PFAS on our property is our responsibility and we ARE responsible for it. This is a great start to be able to make sure the right thing is done and that we solve this problem. The work that we have done will now enable us to work together and do right by this community, but will also be doing a service more broadly because there are countless communities because PFAS is in EVERYTHING. And frankly, the work we are doing together is far ahead of just about any other community in this country, let's figure it out, let's do it right, let's set the standard so that not only the beautiful picture you painted in terms of doing "right by" for the people of TOP and the City of Marinette that have been adversely impacted by our PFAS. We might figure something out here that helps all the families in so many places around our country and around the world".

Boyle provided the Peshtigo Times with a recap of the meeting along with a deadline and timeline for commitments and meetings.

While the month of July was heavily focused on the PFAS Water Solution it started out disappointing at the City of Marinette Common Council meeting of Tuesday, July 6 with the Resolution denying the Town of Peshtigo access to city water via either extended water lines or bulk water. However, the month ended with a productive face to face meeting with Johnson Controls McGinty and Gade along with DNR representatives, Haag and Burton.

Clear verbal commitments were agreed to by JCI with three commitments of a deadline of Aug. 13 including providing the Town access to all detailed engineering research for all viable permanent water solutions, secondly to determine, and provide results, if the Public Service Commission has provided economic analysis of the life of, and cost associated with, maintaining water lines throughout the Town of Peshtigo and lastly a signed Reimbursement Agreement.

A deadline was set for a timeframe between Sept. 15 but no later than Sept. 30 for a commitment to fully engage in a Summit between the Town of Peshtigo, JCI, DNR and Stakeholders (City of Peshtigo and City of Marinette).

Other commitments include: To review the 2019 RAOR report to ensure it includes the latest edits and requirements from the WDNR; To accept responsibility for cost associated with removal of contaminated soil and dewatering required by the WDNR as a result of the JCI PFAS contamination for both the Town and residents alike; Acknowledgement that the WDNR has final enforcement authority to determine where JCI is deemed the responsible party. Haag made it clear that the site investigation has not been approved as of 7/30/2021 and that further investigation is needed regarding the movement of the plume as well as air deposition impact.

Simultaneously, the Town Water Committee has developed a draft version of a Water Solution Matrix, a list of Environmental Consultants to which RFQ's will be submitted mid-August and completed and submitted RFQ's to Environmental Regulatory Law Firms with applications due mid-August. The Town has also been in ongoing contact with the DNR who has established the following timeline for the Water Summit: DNR signed the MOA with JCI last week; The mediator RFQ was sent on 7/29/2021 to the combined list of potential mediators from the Town and JCI; Responses to the RFQ are due August 9 at 5pm; The WDNR current schedule will have them making recommendations to the stakeholders (Town of Peshtigo, JCI, and cities of Peshtigo and Marinette) on a vetted list of possible mediators by the end of August; The DNR should have a mediator selected by the middle of September.

Boyle also noted that the Town website is now live at townofpeshtigo.org and encourages residents to go to the updated site on your mobile device, laptop or tablet and sign up for water notices. After signing up, you will automatically receive meeting notices, agendas, minutes and Water Reports.

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