AG announces deal over contamination from former Brighton-area plastics plant

LANSING  — Attorney General Dana Nessel's office today announced that a settlement has been reached in a 2020 lawsuit filed against Asahi Kasei Plastics North America Inc. to address releases of PFAS at the company’s former facility near Green Oak Township.

According to a press release, the settlement is the first by a defendant in a PFAS lawsuit filed by Nessel's office, and it requires Asahi to investigate perfluoroalkyl and polyfluoroalkyl substances in soil, groundwater, and surface water discharged from their former facility and to undertake response actions to address levels that exceed state criteria.

The consent decree was filed with the Livingston County Circuit Court Monday, Jan. 30. The company admits no liability, according to the agreement.

According to the decree, the company must pay $3.1 million to the state within 60 days to cover various costs. The company also is responsible for unspecified future costs related to the remediation.

“I started the PFAS Litigation project in 2020 to bring relief to communities impacted by PFAS contamination, and this settlement is another step in the right direction,” Nessel in the release. “I am pleased with this resolution, and I look forward to seeing the important investigation and work get underway.”

A message left with the company was not immediately returned.

According to the agreement, the company is required to identify wells affected by contamination and provide those users with clean water. It does not specify a long-term solution.

According to its website, Asahi creates "high-performance plastic compounds (that) can be found in most segments of life. (Its) plastic can also be found in various other segments: automotive, pool and spa, industrial, furniture, housing and construction and many more."

The company lists plants in Fowlerville; Athens, Alabama; and Centro Sur, Queretaro, Mexico. The company has a variety of related businesses across the United States.

In 2020, a company spokesperson said Asahi Kasei purchased Asahi Thermofil, which operated at the site for a few decades, in 2000, becoming Asahi Thermofil.

The consent decree requires Asahi to investigate PFAS released from its former facility at 6150 Whitmore Lake Road. If concentrations exceeding state criteria are found, additional steps are required to cut off exposures.

According to the Michigan PFAS Action Team website, the PFOS limit is 16 parts per trillion in drinking water. There are multiple types of PFAS and PFOS that the state tracks. The consent decree does not include the levels of contamination from the Brighton site.

Asahi’s investigation and proposed work plans must be submitted to and approved by the Michigan Department of Environment, Great Lakes, and Energy.  In addition, the agreement provides that work plans that are of public interest can be made available for public comment prior to approval.

“The agreed-upon framework for compliance at this site requires work under an enforceable schedule and is a favorable outcome for Michigan,” Nessel said.

“EGLE is pleased with Attorney General Nessel’s work to help protect Michiganders from PFAS contamination and ensure the responsible party takes appropriate action to investigate and address hazardous releases,” EGLE acting Director Dan Eichinger said. “EGLE continue to work to identify, assess and address PFAS sites throughout the state, holding polluters accountable and protecting our state’s resources and people.”

Asahi was one of the 17 PFAS defendants named in Nessel’s first lawsuit against PFAS manufacturers filed in 2020 under a state-approved contract with Special Assistant Attorneys General retained specifically to assist with PFAS litigation.

The case against Asahi was separated out from the larger suit and moved to Livingston County Circuit Court, where the case proceeded before Judge Michael P. Hatty. There are currently six PFAS cases filed under the SAAG contract that are pending in both state and federal court, and the Asahi case is the first to be resolved.

In addition to the required investigation and response actions to address instances in which PFAS exceed limits, the settlement requires Asahi to pay the state’s past and future oversight costs and costs of litigation, including the attorney fees of the SAAGs for this matter, which means that these costs will not be shifted to taxpayers.

This article originally appeared on Livingston Daily: PFAS, PFOS contatmination subject of consent decree with AG's office