By PAULA TRACY, InDepthNH.org
CONCORD – Water quality in New Hampshire scored tens of millions of dollars Monday in a lawsuit settlement with the manufacturers of PFAS and aqueous film-forming foam.
Money received from settlements, after fees and costs, will be deposited into the N.H. Drinking Water and Groundwater Trust Fund where it will be used to provide loans and grants to public water systems that are impacted by PFAS over applicable standards.
State Rep. Rosemarie Rung, D-Merrimack, who has sponsored numerous pieces of PFAS legislation, said she is pleased that the manufacturers of PFAS have reached a financial settlement, but was concerned the state’s plan for this money was not going to reach about half of Granite Staters who rely on private wells to supply their water.
“The governor is leaving the health of hundreds of thousands of families at risk by not extending these funds to be used for private well water treatment. I implore him to support those families, not just those on municipal water systems,” Rung said.
Attorney General John Formella announced the settlements from ongoing litigation, saying the state is continuing litigation.
“These settlements do not cover PFAS contamination in private wells. The state is continuing to litigate that issue and seek damages to investigate and treat all private wells contaminated by PFAS,” said Senior Assistant Attorney General Christopher Aslin.
“NH DES does have a rebate program for point-of-entry treatment systems and for connections to public water systems.”
A statement from Formella’s office indicated New Hampshire is estimated to receive a total award in excess of $65 million from the 3M and DuPont water provider settlements over three years.
“These settlement funds will bolster the Granite State’s clean water programs and directly support our public water systems, helping to ensure that every citizen has access to safe, clean drinking water,” Formella said.
“New Hampshire has led the charge against these emerging health threats, and we will continue to hold those responsible accountable. I want to thank the members of our New Hampshire Department of Justice Environmental Protection Bureau for all of their excellent work on these efforts.”
Gov. Sununu also issued a statement that these and other public water system settlements cover just one category of damages sought by New Hampshire.
The state will continue to seek full recovery for the damages caused by the manufacture and sale of PFAS and aqueous film-forming foam (AFFF) by the defendant companies, he said.
As part of a multi-district litigation in the U.S. District Court for the District of South Carolina, two nationwide class-action settlements for public water systems recently became final: a $1.185 billion settlement with the DuPont entities (E.I. DuPont de Nemours and Company n/k/a EIDP, Inc., DuPont de Nemours, Inc., The Chemours Company, The Chemours Company FC, LLC, and Corteva, Inc.) and a $10.5-12.5 billion settlement with 3M Company.
“The settlement funds will be allocated among eligible public water systems throughout the country and paid out over the course of the next decade,” Formella’s statement read. “An additional settlement with Tyco Fire Products, LP in the amount of $750 million has recently been submitted to the MDL court for approval.”
New Hampshire was one of the first states to adopt drinking water standards for PFAS and filed suit in 2019 on behalf of the citizens of the state, including all public water systems, against the PFAS manufacturers.
