State v. Mauthe

The environmental concerns involved in this case raise the important question of who pays for cleaning up the source of a seeping contaminant in a site where there is no current human activity from which the seeping of the contaminant results. The state argues that the owner of the property must be held responsible. We agree.

We hold that the seepage of a hazardous substance from contaminated soil into neighboring properties is a “discharge” within the meaning of sec. 144.76(1) (a), Stats, and of sec. 144.76(3). We also hold that the owner of the property which contains contaminated soil from…