SUBJECT
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Approve and Authorize Participation in PFAS Litigation and Settlement Agreements; Legal Services Agreement
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DESCRIPTION
Per - and Polyfluoroalkyl substances ("PFAS") are widely used, long lasting manufactured chemicals whose components break down very slowly over time. These chemicals have been utilized in a variety of industry and consumer products since the 1940s. Due to their widespread production and use, and their ability to move and persist in the environment, PFAS can be present in water, soil, air, food, and in materials found in homes and workplaces. Scientific research suggests that exposure to certain PFAS may be harmful to human health.
Various public water systems have filed actions against PFAS manufacturers and suppliers of products containing PFAS for damages they have or will suffer because of the presence of PFAS in drinking water and the need to monitor for the presence of PFAS in drinking water. These actions have been consolidated into a multi-district litigation in the United States District Court for the District of South Carolia. Two of the defendants, the 3M Company and E. I. Du Pont de Nemours and Company (and its related entities), have each entered into class settlement agreements of these claims. Although minimal levels of PFAS have been detected in the County's potable water wells, the County is eligible to receive an allocation of the settlement funds which will be available from each defendant. To receive an allocation, the County must remain part of the class action and must file a claim as provided in each settlement agreement.
It is anticipated other PFAS defendants may enter into class settlement agreements regarding PFAS in drinking water and the County could be eligible for allocations from those settlements. Additionally, the County, as a member of an affected class, may be able to recover damages it has or will sustain because of the presence of PFAS in wastewater, stormwater, soils, or other...
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