Portland, Maine, Water District Takes Legal Action Against PFAS Manufacturers

Holding PFAS Manufacturers Accountable for Wastewater Pollution

The Portland Water District (PWD) has filed a complaint in the U.S. District Court against manufacturers of per- and polyfluoroalkyl substances (PFAS), including 3M, DuPont, and others. The class action lawsuit seeks to hold these companies accountable for the costs associated with PFAS mitigation in wastewater treatment, including treatment byproducts, effluent, and biosolids.

5 Key Points

• PWD prioritizes public health, safety, and the environment by taking legal action against PFAS manufacturers.
• PFAS are persistent, toxic, and bio accumulative compounds in numerous products and the environment.
• Although no measurable PFAS exists in Greater Portland’s drinking water, it has been found in wastewater at levels of 15-32 parts per trillion (ppt) in the effluent.
• Maine became the first and only state to end the beneficial use of wastewater biosolids, creating challenges for wastewater systems and landfill capacity.
• PWD is also a claimant in a federal multi-district case related to water utilities and PFAS contamination.

The Impact of PFAS on Wastewater Treatment

PFAS contamination has far-reaching effects on surface water, groundwater, soils, and living organisms. The widespread presence of these chemicals in consumer and commercial products means that PFAS inevitably ends up in landfills and wastewater treatment systems. This poses significant challenges for wastewater treatment facilities, as they must find ways to effectively mitigate the presence of PFAS in their treatment byproducts, effluent, and biosolids.

Maine’s Response to PFAS Contamination

In response to the growing concern over PFAS contamination, Maine took the unprecedented step of becoming the first and only state in the nation to end the beneficial use (land application) of wastewater biosolids. While this decision was made to protect public health and the environment, it has created a series of challenges for Maine’s wastewater systems, including reduced landfill capacity and the need for alternative biosolids management solutions.

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PWD’s Proactive Approach to PFAS Mitigation

Despite the absence of measurable PFAS in Greater Portland’s drinking water, the Portland Water District has taken a proactive approach to addressing the presence of these chemicals in its wastewater. PWD has commissioned a Biosolids Master Plan to examine steps for managing PFAS-containing biosolids. It is collaborating with a team of law firms led by SL Environmental Law Group to handle its case against PFAS manufacturers.

PWD’s Involvement in Federal Multi-District Litigation

In addition to joining the class action lawsuit against PFAS manufacturers, PWD is also a claimant in a federal multi-district case related to water utilities and PFAS contamination. As a Class 2 claimant, due to the absence of measurable PFAS in its drinking water, PWD’s reimbursement will be limited to covering the costs of the extra testing that has been required.