Aqua Pennsylvania has initiated a federal lawsuit against Arkema Inc., a chemical manufacturer based in King of Prussia, alleging negligence for polluting a creek that is part of a network supplying drinking water to thousands in Delaware and Chester Counties.
This lawsuit, filed this week in U.S. District Court in Philadelphia, claims that the Goose Creek watershed waterway exhibited “significant contamination” from per- and polyfluoroalkyl substances (PFAS), a class of human-made compounds, when tested downstream from Arkema Inc.’s facility on Bolmar Street in West Chester.
PFAS, commonly referred to as “forever chemicals,” are known for their resistance to breakdown in both the environment and human bodies. The lawsuit references research indicating that exposure to PFAS may lead to developmental issues in fetuses during pregnancy or in breastfed infants, as well as being linked to cancer, liver damage, thyroid disease, and elevated cholesterol levels.
Testing revealed the presence of three types of PFAS compounds in the water. According to the lawsuit, “The testing revealed high levels of PFOS, PFOA, and PFNA,” and concluded that “testing also indicated that the Bolmar Street facility was a source of the PFAS flowing ultimately toward Aqua’s Water System located downstream from the testing site.”
Aqua serves approximately 16,000 customers with drinking water sourced from the watershed affected by PFAS. The company draws water to supply customers in Delaware County and a small portion of Chester County. The lawsuit does not clarify whether PFAS reached those customers or at what concentrations, but states that PFAS entered its main system, which sources water from rivers, creeks, and wells.
In a statement, Aqua expressed its ongoing commitment to advocate for measures that hold polluters accountable and ensure that the responsibility for cleaning up these contaminants falls on the polluters to protect its public water supply systems from PFAS. Arkema declined to comment.
The contamination issue has been developing for years. The lawsuit argues that Arkema should have been aware that the negligent use, transport, storage, handling, release, discharge, or disposal of PFAS compounds would contaminate the water supply.
Testing, treatment, and standards for PFAS are still relatively recent, with significant concerns arising in the 2000s. In 2016, the EPA issued a health advisory outlining maximum allowable levels, prompting water companies to begin sample testing in anticipation of more stringent regulations.
You can find more information on PFAS contamination and the types of conditions it can cause here on our website. If you or a loved one is affected by PFAS contamination, please contact our office.