Pittsboro sues forever chemical, firefighting foam manufacturers over water pollution

Pittsboro is suing more than 20 companies that made forever chemicals or sold the firefighting foam containing them, alleging that the products contributed to the contamination of the Haw River from which the town draws its drinking water.

The lawsuit, filed this week in Chatham County Superior Court, alleges that the companies continued to sell the products for decades despite knowing about the risks associated with per- and polyfluoralkyl substances, called forever chemicals because of their durability in the environment. Pittsboro draws its drinking water from the Haw River, which sampling has shown contains high levels of PFAS chemicals.

“Everyone knows that when you make a mess, you are supposed to clean it up. These companies knew and hid the fact that their products, used as intended, posed risks and threatened to harm towns like Pittsboro, so we are going to court to hold them accountable for the enormous costs of cleaning up the PFAS contamination in our water supply,” Cindy Perry, Pittsboro’s mayor, said in a statement.

Pittsboro is alleging that companies like 3M, Chemours and E. I. du Pont de Nemours knew or should have known about the products’ risks but continued to sell them. Other companies used those PFAS to manufacture firefighting foam that was widely used, claiming it was environmentally sound and contributing to the Haw’s contamination, according to the lawsuit.

“Defendants possess — and have always possessed — vastly superior knowledge, resources, experience and other advantages, in comparison to any person or government entity, concerning the manufacture, distribution, nature and properties of PFAS Products,” the town’s lawsuit says.

Fire departments in the Haw River watershed have supplies of firefighting foam manufactured by 3M, Chemguard, National Foam and Tyco/Ansul, it says.

Firefighting foam used at PTI airport

Firefighting foam was also used at Piedmont Triad International Airport, which the Pittsboro lawsuit identifies as a “significant” source of PFAS contamination. In October 2022, N.C. Attorney General Josh Stein sued several companies, alleging that they contributed to contamination at the airport by selling products they knew or should have known would contaminate the environment.

“A single firefighting training event can discharge thousands of gallons of PFAS-containing AFFF foam solution into the natural environment,” the town’s complaint says.

The town also pointed to other potential sources of PFAS in the Haw River watershed, including plastic and semiconductor manufacturers; chemical manufacturers and blending sites; landfills; wastewater treatment facilities; and plating, finishing and coating services.

Samples taken from the Haw River have found maximum PFAS levels of more than 1,000 parts per trillion despite some of the most common substances largely being phased out for years.

Pittsboro has spent around $3.5 million installing granular activated carbon filters that capture PFAS, removing them from drinking water. Those filters have ongoing costs, though, with the town potentially spending as much as $750,000 to maintain them.

Samples of the town’s water released in September after the filters were installed show PFAS levels of about 20 parts per trillion in raw water, lowered to about 2.6 parts per trillion once the water passes through the filters.

Other water-filtering technology is expensive

Town officials are exploring other treatment technology, including ion exchange and a large reverse osmosis system. But a study conducted for the town found that those options are much more expensive than the granular activated carbon, according to Colby Sawyer, a town spokesman.

“Without significant outside funding, this is not financially viable for the Town,” Sawyer wrote in an email.

A Chemours spokeswoman declined to comment on the litigation.

Brunswick County and the Wilmington-area Cape Fear Public Utility Authority have sued Chemours and DuPont in an effort to recover millions of dollars they spent on water treatment upgrades. Both utilities draw water from the Cape Fear River, which DuPont and then Chemours discharged forever chemicals into for decades.

Cumberland County is also suing DuPont and Chemours, alleging decades-long contamination.

In December 2022, 3M announced that it will discontinue all use of PFAS in its products by 2025, citing signals that the European Union planned to restrict the use of the substances by that year and the EPA’s potential drinking water limits.

3M said it believed that PFAS are “essential for modern life and can safely be made and used.” But, it said, customers are interested in PFAS-free products and using the substances were limiting potential earnings.

“3M acted responsibly in connection with products containing PFAS — including AFFF (aqueous film-forming foam) — and will vigorously defend its record of environmental stewardship,” Carolyn LaViolette, a 3M spokeswoman, wrote in an email responding to Pittsboro’s lawsuit.

The foam, LaViolette wrote, was a “critical tool” to protect the military and first responders.

This story was produced with financial support from 1Earth Fund, in partnership with Journalism Funding Partners, as part of an independent journalism fellowship program. The N&O maintains full editorial control of the work.