Utility signs off on fluoride legal action

By Kevin O’Brien

Following the lead of the village board, Marathon City’s utility commission voted last Wednesday to authorize legal action against the maker of a fluoridation system that has failed to work despite thousands of dollars invested by the village.

The commission’s motion gave village administrator Steve Cherek the go-ahead to pursue settlement negotiations with K.C. Industries, a Florida-based company that provided a tabletbased fluoridation system to the village after it received a grant from the Wisconsin Department of Health and Human Services in 2022. The village board approved a similar motion at its regular monthly meeting earlier in October.

For years now, the village has been trying unsuccessfully to get the fluoride tablets to dissolve properly at the water treatment plant, but after several attempts to find a heating device that would meet DNR standards, the utility stopped fluoridating its water late last year. If the water utility were to go back to using liquid fluoride, it would need to build a separate storage area to keep it away from other chemicals that could create a toxic mix.

Cherek told commissioners that nearly $60,000 has been spent on trying to get he fluoridation system to work, and after subtracting the DHS grant, the village itself has sunk over $34,000 of its own money into the system.

At this point, Cherek said it’s clear that K.C. Industries has failed to meet is contractual obligations to the village and has voided the warranty on its equipment.

“They are not going to get us operational,” he said. “That ship has sailed.”

When commission chairman Andy Berens asked if the village would have to pay back the state grant if a settlement is reached, Cherek said it would have to repay anything beyond what it spent itself.

Cherek said he believes K.C. Industries is looking to reach a settlement outside of court and pay the village back based on its warranty.

Commissioners worried about the village spending money on legal fees if the company declares bankruptcy.

“If the well is dry, we’re going to spend money for nothing,” said commissioner Bruce Bohr.

Cherek said he’s not sure how much money the village can expect to get back, but he’s confident that the company is looking to settle quickly. The village has already incurred some attorney’s fees in communicating with K.C. Industries, he said, but it will not move into litigation unless settlement negotiations fail and village officials authorize further action.

“It’s not going to be drug out,” he said. “I think we’ll be able to handle this one pretty quick.”