Wisconsin local governments seeking to catalyze redevelopment by cleaning up local brownfields have a powerful tool in their toolkit. The state’s Local Government Unit (LGU) Negotiation and Cost Recovery law lets cities, villages, counties, and other LGUs identify parties that are responsible for contamination at LGU-owned sites and then recover cleanup costs from them. This self-contained process includes public input and encourages responsible parties to agree on sharing cleanup costs – saving time and money – with help from a DNR-appointed “umpire,” or facilitator.
LGUs can pursue this process alongside the state regulatory process for cleanup, which allows local leaders to gauge cost recovery prospects while during the remedial action planning phase. The cost recovery process, known informally as the “Umpire Process,” is available at properties owned (either entirely or partially) by the LGU.
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