The town of Chautauqua files a complaint against the fire-fighting foam companies | News, Sports, Jobs

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The town of Chautauqua has filed its own complaint against fire-fighting foam companies that allegedly contaminated the water of residents of the village of Mayville.

In early June, a lawsuit was filed in the Chautauqua County State Supreme Court by the village of Mayville against 23 companies that participated in the creation of the fire fighting foam used by Chautauqua County during ‘training exercises at the old Mayville high school, which is now owned by the town of Chautauqua.

On June 23, the town of Chautauqua filed its own lawsuit, similar to that of Mayville.

Companies named in the lawsuit include: 3M Company of Wilmington, Delaware; AGC Chemicals Americas Inc., of Wilmington; Amerex Corporation of Birmingham, Alabama; Archroma Management LLC of Switzerland; Arkema Inc. of the King of Prussia, Pennsylvania; Basf Corporation of Wilmington; Buckeye Fire Equipment Company of Pepper Pike, Ohio; Carrier Global Corporation of Wilmington; Chemdesign Products Inc of Wilmington; Chemguard Inc. of Wilmington; Chemicals, Inc. of Baytown, Texas; Clariant Corp. of Madison, Wisconsin; Corteva, Inc. of Wilmington; Deepwater Chemicals Inc. of Wilmington; DynA7 Corporation of Dover, Delaware; EI Dupont De Nemours et Compagnie de Wilmington; Kidde-Fenwal, Inc. of Wilmington; Nation Ford Chemical Company of Fort Mill, South Carolina; National Foam, Inc. of Wilmington; The Chemours Company of Wilmington; and Tyco Fire Products LP of Wilmington.

The lawsuit alleges that there was foreseeable contamination of groundwater through the use of aqueous film-forming foam containing per- and poly-fluoroalkyl substances, including perfluoroctane sulfonate (PFOS) and perfluoroctanoic acid (PFOA).

PFOS and PFOA are fluorinated surfactants that repel oil, grease and water and are also firefighting agents used in training and firefighting activities to fight fires involving firefighters. hydrocarbon fuels such as petroleum and other flammable liquids. From the 1960s to the present day, the defendants have designed, manufactured, marketed, distributed and / or sold products containing PFOS and PFOA.

The lawsuit alleges that the companies that make the foam had known since the 1970s that the chemicals would not break down and that the chemicals were found in the blood of employees.

The lawsuit further alleges that in the late 1980s, research indicated that a high incidence of certain cancers and other adverse health effects was observed in workers exposed to PFOA, but that research had not been published as required by law.

In 2000, 3M began to phase out production of products containing PFOS and PFOA in response to pressure from the Federal Environmental Protection Agency. However, the lawsuit alleges the company failed to warn users of the product of the risk.

As a result of the fire training exercises conducted on the former soccer field of the municipal building of Chautauqua, the groundwater in and around the town of Chautauqua was contaminated with AFFF / component products containing PFAS. The moss would seep into the soil and, through migration and runoff, seep into underground aquifers and surface water bodies used for drinking water.

3M spokesperson Sean Lynch released the following statement on the lawsuits: “3M has acted responsibly with products containing PFAS, including Aqueous Film Forming Foam (AFFF), and will vigorously defend our record of environmental stewardship. “

The lawsuit notes that the town of Chautauqua is now forced to incur significant costs for environmental testing, investigation and remediation of its property in order to mitigate the impacts of toxic and carcinogenic chemicals.

The town of Chautauqua will also incur additional costs associated with the off-site impacts of PFAS contaminated water migrating from the town’s municipal building, including the costs of sampling, remediation, operation and maintenance and legal fees.

On Monday, after the town of Chautauqua board meeting, Supervisor Donald Emhardt noted that it was a class action lawsuit, designed to sue foam makers. He added that the board had not discussed suing the Chautauqua County emergency services, which were using city property for training, which used fire-fighting foam.

The village of Mayville and the town of Chautauqua are represented in the lawsuit by Napoli Shkolnik, PLLC of New York.

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