Veolia Seeks Cost Recovery from Delaware Manufacturers Over PFAS Contamination

Veolia has taken legal action against six current or former manufacturers in Delaware, claiming their operations contaminated water with per- and polyfluoroalkyl substances (PFAS). The lawsuit, filed on Tuesday, seeks reimbursement for the construction of a $35 million granular activated carbon facility at Veolia’s Stanton Water Treatment Plant, as well as ongoing maintenance expenses. The plant, which opened last year, filters PFAS from drinking water for over 100,000 residents. ## PFAS Contamination and Regulatory Pressures The defendants, which include manufacturers of PFAS chemicals and other materials, are accused of contributing to PFAS contamination in the water entering Veolia’s plant. The lawsuit is part of a broader trend where businesses are shifting liability for PFAS contamination to upstream manufacturers. PFAS, known for their persistence in the environment and potential health risks, have faced increasing regulation, including the U.S. EPA’s 2024 drinking water standards. Delaware adopted these federal limits in January, making Veolia subject to stricter PFAS levels. Veolia began studying PFAS treatment technologies in 2022 and has since expanded its capabilities, viewing PFAS remediation as a significant business opportunity. The company plans to double its size by 2030, partly by adding new assets for PFAS management. However, the cost of remediation remains a contentious issue, with courts determining liability on a case-by-case basis. ## Legal Battles and Historical Contamination Some of the largest PFAS manufacturers, such as 3M, DuPont, and Chemours, have settled lawsuits for hundreds of millions of dollars. States like South Carolina have also reached settlements with manufacturers to begin remediation efforts. In Delaware, Veolia’s lawsuit targets manufacturers with decades-long operations, including Ametek, which produced phenolic resin and Teflon tubing containing PFAS from 1980 to 2004. The site has been under EPA-led remediation since its closure, with groundwater contaminants including PFAS chemicals like PFOA and PFOS. Ametek has also sued other defendants in Veolia’s lawsuit, alleging corporate practices left them underfunded for cleanup. The Delaware Department of Natural Resources and Environmental Control (DNREC) has been involved in cleaning up PFAS contamination at sites controlled by the defendants. Solvay, another defendant, settled with DNREC in 2021 to investigate and remediate PFAS contamination from its operations between 1998 and 2020. ## Financial and Environmental Impact Veolia’s lawsuit alleges that the defendants knew PFAS could harm the environment but failed to prevent contamination. The company’s sampling revealed PFAS levels exceeding federal and state limits at several sites. The granular activated carbon system cost at least $34.6 million, with annual operation and maintenance expenses projected to exceed $3.5 million. The legal battle underscores the ongoing challenges of addressing PFAS contamination and determining financial responsibility.