MARGATE – The Board of Commissioners Nov. 5 joined a class action lawsuit to assess any potential claims that might result in elevated levels of polyfluoroalkyl (PFAS) in the city’s water supply.
Polyfluoroalkyl substances include thousands of manmade chemicals that have been used in industrial and commercial applications for more than 70 years. PFAS, also known as “forever chemicals,” repel water and oil and are resistant to heat and chemical reactions. Exposure to these chemicals over a long period of time can accumulate in the body and present adverse health effects.
City officials advised the public that there was a “false positive” in a water test conducted by Garden State Laboratories of Lakewood, the company that routinely tests the city’s water supply to ensure it meets federal and state guidelines.
The city agreed to join a lawsuit undertaken by several law firms that represent other communities that had elevated PFAS readings - SL Environmental Group, Madonna & Madonna LLP, Douglas and London PC, and Levin Papantonio Rafferty Proctor Buchanan O’Brien Barrr Moughey PA. The professional services contract is for one year and will seek funding for additional future preventive measures if required.
“There’s nothing that we know of that is a serious problem,” Moran advised the commissioners.
The funding received from the class action would be used to assist municipalities with the cost of cleanups if needed.
Moran said solicitor John Scott Abbott conferred with the law firms and made some changes to the language of the agreement while notifying commissioners of the issue by email over the last several weeks.
The city will have no up-front costs, but any future legal fees will be 25% of the amount recovered by the firms listed.
Municipalities are required to post annual Drinking Water Quality Reports on their websites and send to utility users via the U.S. Postal Service showing that the drinking water meets federal and state standards for microbial contaminants, inorganic contaminants, pesticides, herbicides, organic chemicals and radioactive contaminants. The Environmental Protection Agency sets stringent limits for each contaminant.
According to the city’s report for 2024, the system had no violations and officials indicated the water met all requirements and did not pose any health risks.
A sample collected on Jan. 16 showed high levels of PFAS, but previous and subsequent results were below acceptable levels, indicating the reading was erroneous.
According to information provided on the city’s website, “If the test was legitimately positive, contaminants would have shown in further testing, as they don’t just disappear. Also, the other municipalities that use the same aquifer have not had any positive tests for PFAS, which is also an indication/confirmation that the positive test we had was a false positive.”
“This is a protective measure for the city,” Mayor Michael Collins said.
More information about PFAS is available here:
https://dep.nj.gov/pfas/drinking-water/#what-are-pfas
https://www.njoag.gov/ag-platkin-and-dep-commissioner-latourette-announce-historic-settlement-of-up-to-450-million-with-3m-for-statewide-pfas-contamination/
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