UPDATED: Saturday, January 21, 2012 --- 6:00 p.m.
REPORTER: Phil Levin

A law firm planning to represent at least ten Madison families says it is pursuing class action against a local company for polluting.

Collins Law Firm based in Illinois says it has filed for class action against Madison Kipp Corporation. State testing published last month shows solvent dumped before 1988 is still infecting soil at dozens of homes that tightly surround the Waubesa St. facility.

The PCE chemical is a chlorine-based pollutant that can cause cancer.

Shawn Collins, a lawyer on the case, tells NBC 15 he expects to hear whether the case gets class certification in a month or two.

Right now Collins is representing seven families in individual suits against MKC. A class action would combine the suits into one effort and allow other families to join the proceeding.

Collins wants first for MKC to fund further investigation and cleanup. He also argues 34 homes surrounding the plant are worthless and wants MKC to pay homeowners the price they would be worth without the pollution.

"They've tried to sell their properties or they've inquired to realtors as to whether they could put their homes on the market," said Collins. "They're not able to and this is not surprising. Who wants to buy a home there now with contamination in that neighborhood?"

According to tax records, most of those homes are valued between about $150,000 and $200,000. Still, NBC 15 spoke to some residents off-camera who are not sold on the suit. That includes one who sometimes wears a respirator to sleep because of fumes from the facility. She says the current suit doesn't address air quality or go nearly far enough.

Other residents say they are ready for the legal battle.

"I'm going to be on board for this lawsuit," said Homeowner Sebastian Boyum. "I'm not scared of some corporation. I am concerned about Madison Kipp Corporation pollution levels in my backyard. It's like 4,000 times the level, that's what the soil sample said."

According to Collins, the case is scheduled for trial in January 2013. He is currently in the discovery phase, sharing materials with opposing lawyers from MKC.

UPDATED Friday, January 20, 2012 --- 3:05 p.m.

Press Release:

January 20, 2012. Madison, Wisconsin families, who had originally filed their contamination lawsuit against Madison-Kipp corporation on October 20, 2011, today have amended their lawsuit, now asking the federal court to grant class action status to some 80 people who own or live in 34 homes immediately adjacent to the company.

The original lawsuit was brought by seven families living on South Marquette Street in Madison. However, recent testing in that same neighborhood has revealed that the chemical contamination, which prompted the filing of the original lawsuit, has spread throughout the neighborhood, impacting and/or threatening at least 34 homes. The proposed class representatives are Kathleen McHugh of 146 S. Marquette Street and Deanna Schneider of 150 S. Marquette Street, who were Plaintiffs in the original case. McHugh and Schneider now bring the lawsuit on behalf of themselves and the owners and residents of the 34 homes at 102 – 230 S. Marquette and 233 – 269 Waubesa Street in Madison.

McHugh and Schneider, on behalf of the proposed class, allege that a dangerous toxic chemical known as tetrachloroethylene (“PCE”), as well as other toxins, have been released from Madison-Kipp’s manufacturing facility located at 201 Waubesa Street, Madison. They further allege that these chemical releases have migrated in vapor form up through the soil, and have entered, or threaten to enter, their homes. For example, PCE has been discovered in and around these homes.

The class action lawsuit seeks a thorough investigation into the contamination on the properties of the families in the proposed class, and throughout the residential neighborhood including the Madison-Kipp plant. Also, these families demand a thorough clean-up of the contamination on their properties, as well as a clean-up of any other contamination found through further investigation. Finally, the lawsuit seeks compensation for property damage due to the contamination, as well as punitive damages, claiming that Madison-Kipp has known for years of the risk to these families and their neighbors, but did not act responsibly to protect them.

The Plaintiffs are represented by Shawn M. Collins, Edward J. Manzke of The Collins Law Firm, Naperville, IL; Norman B. Berger, Michael D. Hayes and of Varga Berger Ledsky Hayes & Casey, Chicago, IL and Richard J. Lewandowski of Whyte Hirschboeck Dudek S.C., Madison, Wisconsin.

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UPDATED: Tuesday, December 20, 2011 --- 3:15 p.m.
REPORTER: Chris Woodard
Twitter: @cwoodardnews

Tonight the DNR is trying to get inside about a dozen homes on Madison's East Side because of concerns about possible cancer causing pollution.

They're so concerned they're going door to door in the neighborhood.

Sharon Helmus says, "That's a shame because this is a great neighborhood to grow up in."

Helmus has lived in her place all her life.

For 72 years everything has been great, but now she has a big problem with her neighbor.

Helmus says, "I worry about the cancer and not selling."

Madison Kipp Corporation has been working with the DNR for the last 17 years on an investigation into ground pollution they caused.

But test results this week are so concerning, DNR reps are going door to door with Public Health to warn neighbors.

DNR Air and Waste Program Manager Eileen Pierce says, "This data is compelling so we felt it was important to share this right away."

The pollution they're worried about may cause cancer.

Helmus says, "Something should be done. That's not right and I'm not any spring chicken and none of us over here have a lot of money. If the houses won't sell we're locked in."

At five homes neighboring Madison Kipp Corporation systems to vent possible dangerous vapors from the basement have already been installed. But those homeowners are just a few of the people in the neighborhood who say they are growing increasingly concerned.

For the 34 neighbors bordering Kipp Corporation some soil vapor samples have shown chemicals for a while now but the DNR says they were very surprised by the high levels they just found near 11 homes on the North end of South Marquette Street.

Their immediate priority is to get into those homes to test the ground underneath the basement.

Pierce says, "We do not yet know whether these vapors have made it into the homes and that's why we really want to do this testing to find out."

The DNR has also referred results of their tests to the Department of Justice for further investigation.

Helmus says, "They should do more and more."

The DNR says Madison Kipp Corporation has been cooperating and working with them on the investigation.

A spokesperson for Madison Kipp Corp. says they'll continue to work to clean up the ground and says the pollution comes from a parts-cleaner solvent they haven't used for more than ten years that was properly vented by environmental standards of the time.

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UPDATED: Tuesday, December 20, 2011 --- 3:15 p.m.

The Wisconsin Department of Natural Resources spent much of yesterday evening going door-to-door in an east side Madison neighborhood, to tell homeowners of the latest results of soil testing. In all, they visited about 35 homes.

The DNR says the most recent tests indicate that the chemical tetrachloroethylene--or PCE--is widespread in soil vapors around the Madison Kipp Corporation property. PCE is a suspected carcinogen. It is the prime contaminant, but there are also trichloroethylene (TCE) and dichloroethylene (DCE).

These soil tests were done around the common property line between Madison Kipp and homes surrounding the plant. The DNR says the next step is to test the homes themselves to see what the chemical levels on individual properties--and inside the homes. They're requesting that the next round of tests be completed by the end of January.

If the next tests detect levels that pose a health risk, affected homes would most likely need to install mitigation systems in their basements. The systems can cost between $800 and $1000. The DNR says they would expect Madison Kipp to cover the cost. It is still unclear how many homes may need the mitigation systems.

The DNR has been working with Madison Kipp Corporation for about 15 years to fix the polluted grounds. It's unclear how exactly the ground was originally contaminated, but the DNR suspects the source was the mishandling of solvents on the company's property many years ago. Those chemicals leaked into the soil, then into the groundwater, and eventually into the soil vapor.

A spokesperson for Madison Kipp says the company has been working with the DNR since 1994, and will continue to work cooperatively to clean up the contaminated ground. He says they have traced the original problem back several decades to a parts-cleaner solvent. It was properly vented by environmental standards at the time, some of the solvent soaked into the soil. Madison Kipp has not used that solvent since 1987.

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UPDATED Friday, October 21, 2011 --- 7:35 a.m.

MADISON, Wis. (AP) -- Seven families who live near a Madison chemical plant are suing the company, alleging it has failed to clean up contaminants.

The plaintiffs say chemicals from the Madison-Kipp Corp. have poisoned the groundwater beneath their homes and that vapors have seeped up through the soil into their houses.

Kipp vice president Mark Meunier says there's no imminent or substantial danger to the neighborhood. He says the company has long been working on a soil and groundwater remediation program. Meunier says the chemicals in question have not been used by the company since 1987.

The State Journal (http://bit.ly/pzYj2g ) says the lawsuit filed in federal court Thursday asks for a more thorough cleanup of the contaminants and compensation for property damage.

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Information from: Wisconsin State Journal, http://www.madison.com/wsj

Copyright 2011. The Associated Press.

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UPDATED Thursday, October 20, 2011--10:20p.m.

MADISON--One of the first things people seem to talk about in this neighborhood is how much they enjoy their community. "I would love to stay in the neighborhood, I love my neighbors," said Deanna Schneider, a resident. "Our kids all were born here together, they've grown-up together. We love each other, we want to stay in this community."

But they say the homes they so love, sit atop a hidden danger: "Hundreds of times above the EPA standard, beneath my house," said Schneider.

And they say the source is the Madison-Kipp Corporation, which sits just a stone's throw away. "We're dealing here with chemicals which are the worst kind of chemicals, because they can cause cancer in human beings," said Shawn Collins, a lawyer for families that have filed a lawsuit against Madison-Kipp. "But they are colorless and odorless if they're in your water, if they're in the air inside your home, you're breathing it you don't know it."

The chemicals he's referring to include "PCE" or tetrachloroethylene.
A Madison-Kipp representative said by phone that since the mid-90s they've been involved in voluntary soil and groundwater remediation with the DNR regarding the past use of a solvent that they haven't used since 1987.

But several families near the Waubesa Street facility have filed a lawsuit hoping to find out how far the old pollution has gone--and get the company to clean it up. "We are almost two decades into this problem and we don't know how far the contamination has gone," said Collins.

Seven families say they've suffered property damage and are also seeking compensation for that.

"Mostly I'm just mad," said Prentice Berge, who--like Schneider--is a plaintiff in the lawsuit. "I knew I was moving in next to a factory and I knew that it was going to be noisy and I was going to get woken up at night and things like that and that was the trade-off. I got a little bit cheaper home because of that. But I didn't know they were poisoning me."

A company representative said they're looking forward to defending the company. He also said they pose no substantial or imminent danger to the area or community. He says they've been actively working with the DNR on a clean-up project since 1994. He also pointed out that the company has been in Madison for 113 years and employs 380 people.

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UPDATED Thursday, October 20, 2011--6:25p.m.

MADISON--Madison residents are banding together to demand that an area company cleans-up. Several families that live near the Madison-Kipp facility on Waubesa Street filed a federal lawsuit. The company specializes in "precision machined components."

Neighbors say a dangerous pollutant has soaked into the ground around their houses--and some even say their homes are contaminated. They refer to the substance as "PCE", also known as tetrachloroethylene. Some of the residents say they only recently learned about the "PCE". They say its presence can be traced back to company behavior in the 1980s. Now residents say they want the company to clean-up the contamination and make sure their neighborhood is safe for families. "I would love to stay in the neighborhood," said Deanna Schneider, one of the plaintiffs. "I love my neighbors, our kids all were born here together, they've grown-up together, we love each other, we want to stay in this community. I also want to be in a place that's safe."

We also spoke by phone with a company representative earlier this afternoon. He said that since the mid-90s the company has been working on a voluntary soil, groundwater and remediation program with the DNR regarding past uses of a solvent. He said that they stopped using that solvent in 1987.

In response to the lawsuit, he said that they are looking forward to defending the company.

He said that they pose no substantial of imminent danger to the area or community.

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Posted Thursday, October 20, 2011 --- 3:05 p.m.

NOTE: NBC15's Rachelle Baillon will have more information on this lawsuit tonight on NBC15 News at 6:00 p.m. and 10:00 p.m.

Press Release from The Collins Law Firm:

Seven Madison Families File Federal Lawsuit Against Madison-Kipp Over Dangerous Levels of Contamination

October 20, 2011, Madison Wisconsin. Seven families living on Marquette Street in Madison, Wisconsin filed a lawsuit in federal court early today against Madison-Kipp Corporation, alleging that the nearby manufacturer is the source of dangerous chemical contamination recently discovered at their homes, and that Madison-Kipp has failed for more than fifteen years to adequately investigate and cleanup the contamination.

The seven families bringing the lawsuit are: Kathleen McHugh and Eric Fuller at 146 S. Marquette Street; Kenneth Hennrick, Jr. at 142 S. Marquette Street; Deanna Schneider at 150 S. Marquette Street; Doris Yang Berge and Prentice Berge at 154 S. Marquette Street; Peter Uttech at 162 S. Marquette Street; Sharon Helmus and Carla Mills at 166 S. Marquette Street; and Chad Gooblis and Brandi Rogers at 202 S. Marquette Street.

These families allege that a human carcinogen known as tetrachloroethylene (“PCE”), as well as other toxins, have been released from Madison-Kipp’s manufacturing facility located at 201 Waubesa Street, Madison. The families further allege that these chemical releases have contaminated the groundwater beneath their homes, and that the contamination in the groundwater has migrated in vapor form up through the soil, and has entered, or threatens to enter, their homes. For example, PCE has been discovered in and around these homes, in soil and in vapor, both immediately underneath and inside some of the homes.

The lawsuit seeks a thorough investigation into the contamination on the properties of these seven families and throughout the residential neighborhood surrounding the plant. Also, the families demand a thorough clean-up of the contamination on their properties, as well as a clean-up of any other contamination found through further investigation. Finally, the lawsuit seeks compensation for property damage due to the contamination, as well as punitive damages, claiming that Madison-Kipp has known for years of the risk to these seven families and their neighbors, but did not act responsibly to protect them.

The Plaintiffs are represented by Shawn M. Collins, Edward J. Manzke of The Collins Law Firm, Naperville, IL; Norman B. Berger, Michael D. Hayes and of Varga Berger Ledsky Hayes & Casey, Chicago, IL and Richard J. Lewandowski of Whyte Hirschboeck Dudek S.C., Madison, Wisconsin.

Copies of the Complaint are available upon request, or can be viewed at: http://www.collinslaw.com/files/MadisonComplaint.pdf