'Forever chemicals' in water supply prompts lawsuit by Burlington County township
CAMDEN – A South Jersey town has sued almost 30 companies that make or use "forever chemicals," claiming they’re responsible for contamination of a local water system.
Chemical firm to commit to $393M State, Solvay agree to settle PFAS suit
Florence Township wants the companies to cover “the considerable costs and damages that have incurred — and that will inevitably continue to incur” due to the presence of a group of chemicals known as PFAS in its water.
Florence, which took two wells out of service due to PFAS levels in October 2022, is preparing to design and build a water treatment plant, said Nancy Erlston, acting administrator and township clerk.
She said the town’s drinking water continues to meet regulatory standards, and that only one well remains offline.
Florence lawsuit among hundreds nationwide
The lawsuit — similar to hundreds of pending complaints against the companies — claims the defendants "knew, or reasonably should have known, about the inherent risks and dangers" posed by the long-lasting PFAS compounds. PFAS is an abbreviation for perfluoroalkyl and polyfluoroalkyl substances.
The toxic chemicals have long been used to make water-repellent clothing, non-stick cookware and other products.
Florence’s wells have been contaminated by a type of PFAS used in fire-fighting foam, the suit says.
“Because these compounds are water soluble and do not readily adsorb to sediments or soil, they tend to stay in the water column and can be transported long distances,” it says.
The suit names 28 defendants, including 3M and several manufacturers of fire-fighting foam.
It accuses them of engaging in defective design, negligence, and failing to warn of their products’ dangers.
A spokesman for 3M, the lead defendant, noted the firm committed in June to fund up to $10.3 billion to public water suppliers with PFAS in drinking water, as well as for eligible systems that detect it in the future.
The 13-year commitment is subject to court approval.
“3M will continue to address PFAS litigation by defending itself in court or through negotiated resolutions, all as appropriate,” said spokesman Grant Thompson.
Fire-fighting foam firms claim immunity to liability
Florence filed its suit in Burlington County Superior Court in June. An attorney for two defendants, Tyco Fire Products and Chemguard, asked to move the case to Camden federal court on July 28.
The attorney, Thomas Herten of Hackensack, said the companies made fire-fighting foam "in accordance with the military's rigorous specifications" — and thus should be immune to liability under the “government contractor” defense.
The filing also noted the case will likely be moved again to a federal court in South Carolina, where at least 500 cases have been consolidated in multidistrict litigation.
Plaintiffs in those suits include other municipalities, as well as military bases, airports, and industrial sites.
“Our township attorneys represent other towns that filed the lawsuit,” said Erlston. “The township solicitor brought it to the attention of the mayor and township council and we contacted the law firm that is heading the nation-wide lawsuit.”
She noted the township also is working on a “corrective action plan” to address its water issues.
“We will continue to test the wells to ensure the safety of our residents,” Erlston added.
Jim Walsh is a senior reporter with the Courier-Post, Burlington County Times and The Daily Journal. Email him at jwalsh@cpsj.com.
This article originally appeared on Cherry Hill Courier-Post: Florence closes well, sues over PFAS contamination
