Wayland is latest municipality to file federal lawsuit over PFAS in groundwater

WAYLAND The town has joined dozens of other municipalities and local water districts throughout the country in filing a federal lawsuit against several companies that the water districts say are responsible for dangerous substances leaking into groundwater.

The federal lawsuit is filed in the U.S. District Court of South Carolina, and includes more than 100 communities throughout the country as part of what is referred to as the Aqueous Film Forming Foams Multi-District Litigation, said Ken Sansone, a lawyer for SL Environmental Group of Concord, New Hampshire, and who is representing Wayland.

"South Carolina has been designated as a centralized location for all the proceedings for the many claims," said Sansone. "Wayland has just filed suit, but the lawsuits began back in 2019."

The lawsuit was filed against numerous manufacturers of manmade chemicals, known as aqueous film-forming foam that has been used in numerous industries since the 1940s because it is heat-resistant, oil- and water-resistant, long lasting and used in non-stick products.

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The foam is made using per- and poly-fluoroalkyl substances, known as PFAS, which can contaminate groundwater.

According to a recent study by the federal Centers for Disease Control and Prevention, prolonged exposure to PFAS can potentially lead to severe health problems, including cancer, liver damage, decreased fertility and an increase in the likelihood of developing asthma and thyroid issues.

According to the lawsuit, PFAS was originally detected in all four of Wayland's water sources in January 2021. Under Massachusetts standards, the Happy Hollow Wellfield tested higher than acceptable levels. The town, in 2022, had to implement a new PFAS treatment system to bring the PFAS level to complaint levels.

"Through this lawsuit, we are seeking to protect our residents and ensure that the costs of cleaning up these contaminants in town are borne by companies that sold and profited from products containing these dangerous chemicals," said Wayland's Department of Public Works director, Thomas Holder, in a statement. "This lawsuit is another step in our overall mission of providing our community with safe and high-quality drinking water that meets all federal and state standards."

More:Natick faces PFAS water contamination; so does Wayland

The lawsuit seeks damages for the cost of treatment and the effort it took to correct the issue.

Wayland is just one of several Massachusetts communities that have filed similar suits against the various manufacturers. The others are Hudson, Hopedale, the Sudbury Water District, the Dedham-Westwood Water District, East Chelmsford Water District, Swansea Water District, Canton, Centerville-Osterville-Marston Mills Fire District/Water District, Princeton, Mansfield, Westfield and Burlington.

One Massachusetts-based company was named as a defendant Kidde-Fenwal, an Ashland-based manufacturer of fire protection and ignition-temperature control products. Officials there didn't immediately respond to a request for comment.

Other defendants include 3M Company, AGC Chemicals Americas, Arkema, Buckey Fire Equipment Company, Chemguard, Corteva, Dupont de Nemours, Dynax Corporation, E.I. Du Pont de Nemours and Company, National Foam, the Chemours Company LLC and Tyco Fire Products.

There are also 49 John Doe defendants.

The lawsuit alleges these companies have long known of the dangers of PFAS and still used it without warning to communities.

No hearing dates have been set.

Norman Miller can be reached at 508-626-3823 or nmiller@wickedlocal.com. For up-to-date public safety news, follow him on Twitter @Norman_MillerMW or on Facebook at facebook.com/NormanMillerCrime.

This article originally appeared on MetroWest Daily News: Wayland latest Mass. community to file federal suit over PFAS in water