MAWC seeks damages for contamination of water system

The Municipal Authority of Westmoreland County has filed a lawsuit against more than two dozen chemical companies, accusing them of manufacturing toxic substances and contaminating the local water system.

The six-count lawsuit filed in Westmoreland County seeks damages associated with chemicals that leached into the water supply but also for costs associated with cleanup efforts related to an incident last summer in McKeesport that left customers without water service for nearly a month.

“MAWC takes a professional approach to its operations and if there is a third party responsible for unnecessary expenses and costs, then MAWC will aggressively seek reimbursement for its ratepayers to keep costs controlled as much as possible,” said authority solicitor Scott Avolio.

The lawsuit was filed by lawyers with a Delaware-based firm that specializes in environmental litigation.

On July 17, the authority issued a “don’t use” warning to more than 250 water customers in McKeesport’s Lower 10th Ward after suspicions arose that foam used hours earlier by city firefighters leaked into the system. Subsequent testing of water lines and homes throughout the impacted areas revealed toxic chemicals had penetrated the systems.

Public water lines and private pipes and appliances within homes and businesses were flushed over the next days and weeks to remove the chemicals as daily testing was conducted. Samples were driven to a lab in Lancaster to monitor contamination levels.

Authority officials have declined to disclose the financial costs associated with the remediation efforts.

The lawsuit also seeks general damages for contamination caused by the chemical substances in common synthetic industrial compounds considered to be highly toxic to humans and animals which have seeped into the authority’s water supply.

The authority serves more than 122,000 water customers in five counties and has nearly 30,000 sewer customers.

“MAWC will likely be required in the future to retrofit or upgrade its water infrastructure, including drinking water and wastewater treatment systems, in order to manage, control and reduce the presence of (the chemicals) attributable to defendants’ misconduct in MAWC’s resources and properties and in resources and properties of other jurisdictions,” according to the 59-page court filing.

Perfluoroalkyl and polyfluoroalkyl substances, or PFAS, are man-made chemicals used to make cookware, carpets, clothing, furniture fabrics, food packaging and other materials that are resistant to water, grease or stains. The lawsuit alleges those chemicals were manufactured despite warnings of their potential toxicity and damage to water systems.

Companies such as 3M, Carrier, Chemours and DuPont, among others, were named as defendants in the lawsuit. Lawyers said another 100 unnamed designers, manufacturers, marketers and sellers of the chemicals also were listed as defendants.