Update: Decatur, DU, Morgan County to receive $98.4M in chemical contamination settlement

Eric Fleischauer, The Decatur Daily, Ala.
·4 min read

Oct. 19—3M Co. and other corporate defendants in a pair of chemical contamination lawsuits will pay a settlement of $98.4 million to the city of Decatur, Decatur Utilities and Morgan County, according to the city.

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The lawsuits allege 3M, Daikin, Toray, BFI and Synagro disposed of PFAS-contaminated industrial waste, causing toxins to enter the Tennessee River and numerous dump sites in Morgan County.

The largest portion of the settlement, $35 million, will go to the city "for a new recreational facility and ball fields to replace the Aquadome complex," according to a news release from the city. The 25-acre Aquadome facility, currently in use, sits above a closed municipal landfill that contains PFAS-contaminated 3M waste, according to the Alabama Department of Environmental Management.

PFAS, called "forever chemicals" because they last so long in the environment, have been associated with serious health conditions, including cancer and reduced birth weight.

Another $25 million represents a payment to Decatur, Decatur Utilities and Morgan County.

The settling parties will pay $22.2 million toward capping 10 cells at the Morgan County Regional Landfill, jointly owned by the city and county. 3M and other industries disposed of PFAS-contaminated waste in the landfill in the past. Leachate from the landfill, which enters the river via the Decatur Utilities wastewater treatment plant, has high levels of PFAS.

The corporate defendants will pay $9.2 million to reimburse the city and county for past PFAS costs, and another $7 million will go to DU for future sludge disposal costs.

Under the terms of the settlement, according to the city's statement, 3M will pay all costs involved in investigating the extent of PFAS groundwater contamination at the landfill and — if ADEM requires it — treatment of the groundwater.

In the statement, Decatur Mayor Tab Bowling said the settlement would benefit the city.

"This settlement will fund improvements that will make the environment in Decatur and Morgan County healthier. We are pleased that 3M is funding the development of a replacement rec center that adds a quality of life benefit for the whole city," he said.

According to the statement, the city will build a new recreation center with an indoor pool and ball fields, but the location of the complex has not been determined.

Decatur attorney Barney Lovelace represented the city in the litigation.

"We are very pleased with the outcome," he said in the city's statement. "The significant monetary settlement and the substantial remediation work to be performed will ensure that our environment is preserved for all to enjoy."

In addition to the Morgan County Regional Landfill and the Aquadome property, PFAS-contaminated waste that originated at 3M has been found at numerous other dump sites in Morgan and Lawrence counties, according to a consent order entered into last year between 3M and the Alabama Department of Environmental Management. That order requires 3M to investigate and remediate the dump sites.

3M previously bought the former Brookhaven Middle School from Decatur City Schools for $1.25 million. The 15-acre Brookhaven property sits over the same closed landfill that also is under the Aquadome property.

In April 2019, 3M settled a lawsuit by the West Morgan-East Lawrence Water Authority for $35 million. WMEL alleged that PFAS that entered the Tennessee River by way of landfill leachate, groundwater and runoff had contaminated its drinking water. WMEL used the money to build a reverse osmosis filtration plant capable of removing PFAS from the water.

PFAS is short for per- and polyfluoroalkyl substances that are used in nonstick frying pans, water-repellent sports gear, stain-resistant rugs and countless other consumer products. The chemical bonds are so strong that they don't degrade or do so only slowly in the environment and remain in a person's bloodstream indefinitely.

Under a strategy announced Monday, the Environmental Protection Agency will move to set aggressive drinking water limits for PFAS under the Safe Drinking Water Act and will require PFAS manufacturers to report on how toxic their products are. The agency also will designate PFAS as hazardous substances under the so-called Superfund law that allows the EPA to force companies responsible for the contamination to pay for the cleanup work or do it themselves.

The proposed settlement will be the topic of a joint meeting of the Decatur City Council and the Morgan County Commission at 6 p.m. Oct. 26 at Ingalls Harbor.

— eric@decaturdaily.com or 256-340-2435. Twitter @DD_Fleischauer.