Latest Development in Growing PFAS Contamination Crisis

A group of Nantucket residents has initiated a class action lawsuit against several major chemical manufacturers, including DuPont and 3M, over PFAS contamination in their drinking water. The legal action comes as state environmental officials investigate potential contamination sources in the mid-island area.

5 Key Points

  • All 16 private wells on Toms Way tested positive for PFAS contamination.
  • Contamination levels ranged from 7 to 900 parts per trillion.
  • Multiple chemical manufacturers, including DuPont and 3M, were defendants.
  • Massachusetts DEP launched investigation of a nearby municipal campus.
  • The town has installed a new water central system for affected residents.

Background of the Contamination

The contamination discovery emerged in September 2023 when testing revealed that every private groundwater well on Toms Way, a residential dirt road in Nantucket’s mid-island area, contained elevated levels of per- and polyfluoroalkyl substances (PFAS). Residents learned they had unknowingly consumed contaminated water for years, prompting immediate concern about potential health impacts and property value deterioration. The testing results showed contamination levels ranging from 7 to 900 parts per trillion, significantly exceeding safety guidelines. This discovery came just eight months after a December 2022 incident where a contractor spilled aqueous film forming foam at the nearby Nantucket Fire Department. The proximity of the spill location, approximately 800 feet from Toms Way, raised additional concerns about potential contamination sources in the area. The revelation has sparked widespread anxiety among residents about long-term exposure effects and the possibility of similar contamination in other island areas.

Legal Action Details

Four families filed the lawsuit: Margaret and Robert Ruley, Anna and Albert Swietlik, Catherine and Perry Condon, and Joanne Skokan. Represented by Connecticut-based law firm Silver Golub & Teitell, the plaintiffs are pursuing legal action against nine chemical companies involved in PFAS manufacturing and distribution. The suit alleges these companies knew about the chemicals’ dangers but continued production and sales while misrepresenting their safety. Blood tests conducted on plaintiff Anna Swietlik revealed PFAS concentration levels that were deemed elevated and dangerous to human health, providing concrete evidence of personal exposure. The legal action targets major corporations, including DuPont, The 3M Company, Arkema, BASF Corp, and several others involved in the PFAS supply chain. This lawsuit follows a similar legal action filed by the town and Nantucket Memorial Airport in 2021 against chemical companies over PFAS contamination around the airport area.

Environmental Investigation

The Massachusetts Department of Environmental Protection has expanded its investigation to include the former Nantucket Electric Company site at 2 Fairgrounds Road, approximately 800 feet from the affected properties. This investigation, scheduled for fall 2024 and spring 2025, aims to identify potential contamination sources and determine the extent of PFAS presence in the area. The investigation began in July 2023 when MassDEP requested permission to test drinking water wells on Toms Way. Following the alarming September 2023 test results, the agency launched a comprehensive site investigation, collecting additional water and soil samples from locations across Nantucket. The town purchased the Fairgrounds Road property from Nantucket Electric Company in 2004 and currently houses the Planning & Land Use Services Department. The investigation’s scope includes examining historical land use patterns and potential contamination pathways that could have contributed to the current situation.

Response and Remediation

The Town of Nantucket has immediately installed a new water main on Toms Way, demonstrating a swift response to protect public health. By May 2024, all contaminated wells were decommissioned as residents were connected to the municipal water supply, ensuring access to clean drinking water. The lawsuit seeks damages and ongoing medical monitoring for early detection of PFAS-related health conditions, acknowledging the long-term health implications of exposure. Attorney Ian Sloss, representing the residents, emphasized that those living near the firehouse and airport have faced constant exposure to high levels of PFAS, resulting in elevated health risks and property damage. The town has also launched a comprehensive communication effort to inform residents about the investigation’s progress and available resources for affected families. The situation has prompted discussions about expanding water quality testing to other island areas and implementing more stringent monitoring protocols for potential contamination sources.