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

Michael S on June 10, 2024

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.

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.

High Levels of PFAS in Maine Birds Raise Concerns About Food Chain Contamination

Daniela P on May 10, 2024

Researchers Uncover Alarming PFAS Levels in Maine’s Wildlife

In a concerning development, researchers in Maine have discovered high levels of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in the bloodstreams of various bird species, including eagles, loons, and ospreys. These findings have prompted further investigations into how PFAS, also known as “forever chemicals,” are affecting the state’s wildlife and potentially contaminating the food chain.

5 Key Points

  • Wildlife biologist Micah Miller has found high levels of PFAS in blood samples from eagles, loons, and ospreys over the last three years.
  • The research is expanding to include common eiders, North America’s largest native duck, to understand how PFAS move through the environment.
  • Fish-eating birds serve as a proxy for human exposure to PFAS, as they consume the same trout and mussels that people eat.
  • PFAS exposure has been linked to various health issues in humans, including decreased fertility, developmental delays, and increased risk of some cancers.
  • The Biodiversity Research Institute in Portland aims to map out the path PFAS follows through the aquatic food web and study its impact on bird health.

PFAS Contamination in Maine Birds 

Micah Miller, a wildlife biologist, has been collecting blood samples from various bird species across Maine to determine the extent of PFAS contamination. Over the past three years, he has found high levels of these chemicals in eagles, loons, and ospreys. To expand his research, Miller and his team from the Biodiversity Research Institute in Portland have recently begun targeting common eiders, the largest native duck in North America.

The researchers use floating mesh nets and decoys to capture the birds, then band, weigh, and draw blood samples from each individual. The samples are sent to a lab for analysis, which will provide a breakdown of the forever chemicals present in each duck’s bloodstream. Although the results won’t be available until winter, this research is crucial in understanding how PFAS move through the environment, from contaminated sites to water bodies and eventually to fish, birds, and mammals.

Implications for Human Health 

The fish-eating birds that Miller and his team are sampling serve as a proxy for human exposure to PFAS. As these birds consume the same trout and mussels that people eat, albeit in different proportions, the amount of PFAS found in their bloodstreams can provide valuable insights into the environmental exposure facing humans.

Even trace amounts of some PFAS can be dangerous to human health. Exposure to high levels of certain PFAS has been linked to decreased fertility, increased high blood pressure in pregnant women, developmental delays in children, low birth weight, increased risk of some cancers, and weakened immune systems. While the impact of PFAS exposure on wildlife health is not yet well understood, scientists predict that wildlife may be affected in similar ways to humans.

Expanding PFAS Research 

The Biodiversity Research Institute plans to expand its research to map out the exact path that PFAS follows through the aquatic food web and investigate the health impact on birds. A review of 200 peer-reviewed wildlife studies by the Environmental Working Group found forever chemicals in over 600 species worldwide, highlighting the global scale of PFAS contamination.

In Maine, research on PFAS in wildlife is still in the early stages, focusing primarily on which chemicals accumulate in which species and in what organs. Some of the most ambitious studies aim to work backward from the target species to determine the primary source of contamination, whether it be water, soil, or diet. The University of Maine’s Chatfield Lab and Wildlife Disease Genetics Lab are also starting to investigate PFAS build-up in wood turtles and wild game, respectively.

Maine’s Efforts to Address PFAS Contamination 

Maine has taken a proactive approach to addressing PFAS contamination, becoming the first state to ban sludge recycling and PFAS in nonessential products, as well as creating an emergency relief fund for affected farmers. The state has compiled a list of more than 1,100 potential contamination sites and is currently investigating these locations. So far, 73 farms have been found to exceed safe water or soil levels, and defunct landfills have tainted 51 drinking wells.

Addressing the PFAS problem is a complex undertaking, but researchers like Dianne Kopec from UMaine’s Mitchell Center for Sustainability Solutions believe it is a necessary one. “We can’t forget that we share this planet,” Kopec said. “Humans made PFAS, and if we can make it, we can clean it up. It won’t be easy, but it’s a problem that we must fix.”