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STATE v. MAUTHE

No. 83-1884.

123 Wis.2d 288 (1985)

366 N.W.2d 871

STATE of Wisconsin, Plaintiff-Appellant-Petitioner, v. Norbert W. MAUTHE, individually and d/b/a N.W. Mauthe Company, Defendant-Respondent, WISCONSIN CHROMIUM CORPORATION, Defendant.

Supreme Court of Wisconsin.

Decided April 30, 1985.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner the cause was argued by Shari Eggleson, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the defendant-respondent there was a brief by Michael S. Siddall and Herrling, Clark, Hartzheim & Siddall, Ltd., Appleton, and oral argument by Michael S. Siddall.

DAY, J.

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...

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