Middlesex Water Co. on contamination lawsuit: Blame 3M, not us
NEW BRUNSWICK – Middlesex Water Co. says 3M should be the target of a class action lawsuit in connection with contaminated groundwater samples detected last year in the utility's Park Avenue wellfield in South Plainfield.
The plaintiffs in the lawsuit, filed by Tomas Vera, "have sued the wrong party, and all efforts should be made to hold the actual polluter of Middlesex Water’s Park Avenue facility, the 3M Co., accountable for their actions,” Jay L. Kooper, Middlesex Water Co. vice president, general counsel and secretary, stated in a news release on Wednesday.
On Wednesday, Middlesex Water filed a third-party complaint in Superior Court in Middlesex County against 3M, saying it was responsible for the contamination, not the utility.
“Middlesex Water Co. did not pollute its own water supply. The Vera lawsuit is misguided, unnecessary, and even detrimental to the interests of the very people whom these class action attorneys represent. Every dollar Middlesex Water directs to this lawsuit is one less dollar realized from the litigation with 3M that could spare the very Middlesex Water customers the Vera attorneys claim to represent from having to pay the cost to remediate the PFAS pollution for the long term,” Kooper added.
The water company alleges 3M is responsible for the perfluoroalkyl substances (PFAS) found in the water supply.
PFAS are chemicals commonly referred to as “forever chemicals” because they do not break down and last in the environment for thousands of years.
PFAS are, and were, in a variety of household items made by 3M, including cookware, cosmetics and carpet treatments, and are even found in items such as dental floss and pizza boxes. For decades, these items have been manufactured and dispersed throughout the United States, and have ultimately leached into the aquifers and waterways, drinking water, people's bodies and blood.
Long-term exposure can result in problems with cholesterol levels, liver, kidney, immune system, the reproductive system in men, as well as developmental delays in infants and children.
Earlier: Middlesex Water Company facing class action lawsuit for high contamination
Earlier: Middlesex Water shuts down contaminated wells, will use alternate sources
Earlier: Water contamination in additional Middlesex County towns exceeds standards
Middlesex Water customers in Carteret, Clark, Edison, Metuchen, Rahway, South Plainfield and Woodbridge were notified last fall that perfluorooctanoic acid found in groundwater samples from the South Plainfield treatment plant exceeded the New Jersey Department of Environmental Protection's maximum contamination standard level.
The class action lawsuit was initiated by Tomas Vera of the Avenel section of Woodbridge. A judge certified the lawsuit as a class action case last month.
"3M acted responsibly in connection with products containing PFAS and will vigorously defend its record of environmental stewardship," Grant Hatcher Thompson, 3M Communications community engagement and public relations specialist, said in an email.
An attorney representing Vera expects to issue a comment Thursday.
Middlesex Water took action and initiated plans to upgrade treatment at its Park Avenue facility in 2018, several years before the DEP established and implemented a maximum contaminant level regulation for PFAS. Also in 2018, Middlesex Water’s thorough investigation identified the polluter responsible for placing PFAS into the Park Avenue facility – the 3M Co. – and immediately filed a lawsuit against 3M.
In the meantime, in anticipation of meeting the new DEP regulation by its implementation date, Middlesex Water was able to develop an interim alternate source of supply because of major capital improvements to its plant and water transmission system made earlier.
Although this solution was not able to be implemented by the date the new regulation became effective, it was ready to be put in place by early November, which allowed Middlesex Water to take the Park Avenue plant offline to ensure none of the water provided to customers exceeds New Jersey’s maximum contaminant levels for PFAS, the company said.
Since November, water continues to be supplied to customers from this alternate source. In addition, Middlesex Water is in the process of engineering an expanded temporary solution aimed at keeping the water supply below New Jersey’s maximum contaminant levels while the company completes construction of a water treatment facility to ensure the regulatory standard can be met for the long term, the company said.
“At every step, Middlesex Water Co. has proactively acted to protect the interests of its customers and to ensure the continued provision of safe and reliable water service,” Kooper said. “Part of these actions has been to ensure that the party that caused the exceedance of PFAS in Middlesex’s water supply — 3M Co. — is the party held responsible for the remediation of the water supply. We call upon these class action attorneys in the Vera matter to do the same.”
Email: srussell@gannettnj.com
Suzanne Russell is a breaking news reporter for MyCentralJersey.com covering crime, courts and other mayhem. To get unlimited access, please subscribe or activate your digital account today.
This article originally appeared on MyCentralJersey.com: Middlesex Water Company on contamination lawsuit: Blame 3M, not us
