Township sues over well water contamination, OKs treatment plant upgrade
BURLINGTON TWP. — The township is moving on two fronts to deal with reported contamination of its drinking water sources with chemical compounds found in fire suppression foams.
Attorneys for the township filed a six-count lawsuit on Feb. 16 in Burlington County Superior Court against 29 companies, leaving room to add defendants as the case progresses. So far, no defendant is officially served with the complaint.
Township Council also has awarded a $794,666 contract for treatment upgrades at its Beverly Road Plant. Newterra Inc. of Audubon, Pa. will do the work.
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Township Administrator Louis C. Ferrara said local officials cannot comment on the court action while it is being litigated.
What the lawsuit says the problem is
The 32-page lawsuit alleges fire suppression foams containing PFAS compounds have been used for training and for actual fire calls in and around the township, including near its water wells.
The township gets its drinking water from eight wells.
It alleges the defendants allegedly made, distributed, used, or sold products containing PFAS, or per- and poly-fluoroalkyl compounds. Environmental regulators evaluate those compounds as possible human carcinogens.
The complaint states the PFAS compounds are in municipal well water, at times above New Jersey safety limits. Besides toxicity, the compounds are problems due to the ease with which they enter groundwater and long lifespans that earned the nickname “forever chemicals.”
What township officials are doing
The administrator says the treatment plant upgrades just authorized will allow Burlington to meet newly adopted PFAS water quality standards.
New Jersey in 2018 set a maximum contaminant level, or MCL, of 0.8 parts per trillion. In 2020, New Jersey set MCLs for two types of PFAS: 14 parts per trillion for PFOA and 13 parts per trillion for PFOS.
The township in March 2022 hired T & M Associates to work up a preliminary cost analysis to upgrade treatment.
Lawsuit demands damages
Among other claims, the lawsuit asserts it is negligent to make, distribute, sell, and use PFAS compounds and that the township should have been warned of the risks.
It requests unspecified damages, including compensatory and punitive damages.
Defendants include DuPont, Chemours
Additionally, the lawsuit asks that defendant E.I. DuPont De Nemours Inc. of Delaware be held liable even though it shifted some production to another company
The lawsuit says DuPont in 2015 created The Chemours Company, also a defendant, to take over product lines containing PFAS. That move allegedly was an attempt to reduce DuPont's financial exposure, the lawsuit claims.
Other defendants include Buckeye Fire Protection Co.; Chubb Fire Ltd.; National Foam Inc.; Raytheon Technologies Corp.; and Tyco Fire Products LP.
Joe Smith is a N.E. Philly native transplanted to South Jersey more than 30 years ago, keeping an eye now on government in South Jersey. He is a former editor and current senior staff writer for The Daily Journal in Vineland, Courier-Post in Cherry Hill, and the Burlington County Times.
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This article originally appeared on Cherry Hill Courier-Post: Lawsuit points to fire-fighting foam contaminating well township water
