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Advisen Front Page News - Thursday, December 12, 2019

   
State, townships near $69.5M settlement with Wolverine shoe maker over PFAS contamination
State, townships near $69.5M settlement with Wolverine shoe maker over PFAS contamination
Publication Date 12/11/2019
Source: Detroit Free Press (MI)

Dec. 11--A former Rockford shoe factory that for decades used potentially health-harming PFAS compounds, causing widespread environmental contamination nearby, is nearing a $69.5 million settlement with the state of Michigan and Plainfield and Algoma townships.

Under preliminary terms of the not-yet-finalized deal, Wolverine Worldwide would agree to pay for an extension of municipal water supplies to more than 1,000 properties whose wells were tainted with the nonstick "forever chemicals," which do not break down in nature and can cause cancer and other serious health effects.

The company will also be required to continue remediation efforts along House Street and at its former tannery site in Rockford, and contribute toward Plainfield Township's municipal PFAS filtration system and a new well field. The tannery closed in 2009 and was demolished the following year.

PFAS was used in a host of industrial and consumer products, from aqueous firefighting foam to nonstick, Teflon pots and pans; Gore-Tex waterproof clothing; ScotchGard stain and water protectants, and even sandwich wrappers, microwave popcorn bags and dental floss. Scientists now, however, understand the chemicals' persistence, and the compounds have been linked to health problems including cancer, thyroid and liver disorders, and more.

Roughly 70 Michigan locations have PFAS compounds in groundwater that exceed the EPA's 70 parts-per-trillion health advisory level. The Michigan Department of Environment, Great Lakes and Energy has estimated PFAS could be found at more than 11,300 sites in Michigan -- fire stations, municipal airports, military sites, refineries and bulk petroleum stations, wastewater treatment plants, old landfills, and various industrial sites.

Seventeen rivers, lakes, streams and ponds throughout Michigan have "do not eat" fish advisories, or limitations on consumption of fish, because of PFOS contamination, including Saginaw Bay, Lake St. Clair and portions of the Au Sable, Huron, Flint, Saginaw and St. Joseph rivers.

The settlement would resolve a federal lawsuit filed against the shoe maker by the Michigan Department of Environment, Great Lakes and Energy, that was later joined by the two townships.

"I am pleased to see progress toward getting relief for the residents and the environment in north Kent County," Michigan Attorney General Dana Nessel said in a statement Tuesday.

"PFAS contamination is a serious environmental problem that demands action, and I am proud that Michigan is leading the nation in efforts to combat PFAS contamination."

The settlement does not resolve multiple class-action and individual lawsuits filed against Wolverine by residents who were exposed to PFAS through their well water.

Wolverine Worldwide Chairman, CEO and President Blake W. Krueger said the settlement terms not only provide benefits to the local community, but are "the right decision and path forward for the company."

"The municipal water extension and other actions will help reduce future litigation and remediation costs, and resolve the pending regulatory litigation," he said. "We also expect this to improve our legal position in other pending cases.

"Just as important, these actions support our efforts to resolve this legacy matter quickly."

Krueger said Wolverine remains in mediation discussions with 3M, the Minnesota company that manufactured PFAS compounds, including those in the ScotchGard water repellent used on the Rockford factory's Hush Puppies shoes. Wolverine also plans to continue to "vigorously pursue recoveries from our insurance carriers," he said.

Under the terms of the agreement, Wolverine would be required to continue to maintain water filtration systems for those affected homes not receiving the municipal water extension.

Plainfield Township, which would manage the construction of the extended municipal water system and then its operation, intends to begin construction next year. The project is expected to take five years, with the most significantly polluted areas prioritized.

Wolverine earlier this year began installing a filtration system to capture and treat groundwater on the nearby Rogue River. Foam at the Rockford Dam just downriver from the former Wolverine tannery last year tested at more than 296,000 parts per trillion for PFAS compounds. The U.S. Environmental Protection Agency has set a health advisory level for PFAS compounds PFOS and PFOA of 70 parts per trillion in drinking water.

Wolverine also has worked with the EPA to begin excavation of soils, sediments, hides and leather scraps near its former factory.

At House Street in Belmont, many residential wells were polluted by PFAS emanating from historical landfills used by Wolverine to dispose of its PFAS-laden sludges. Under the terms of the proposed settlement, the company would work with the EPA to place impermeable caps over five affected areas, and would conduct a study to determine what additional remedial actions are appropriate.

"All parties have been working on this complicated settlement for a long time, and we appreciate the patience of residents who have been waiting more than two years for a resolution," Plainfield Township Manager Cameron Van Wyngarden and Algoma Township Supervisor Kevin Green said in a joint statement.

"Plainfield has already invested in developing plans for water main extensions and, assuming the settlement is finalized, will be ready to bid the projects after the first of the year so we can begin construction in 2020. We will be addressing priority areas first for those who have been most impacted in both townships.

"We also appreciate being able to reach a solution without having to go to trial, which will save taxpayers the time, and the uncertainties and expense of litigation."

Clean, safe drinking water for all Michigan residents is a priority of Gov. Gretchen Whitmer's administration and EGLE, agency director Liesl Clark said.

"The strong partnership we have forged with the State Attorney General's Office will help us achieve fair and equitable solutions for communities impacted by PFAS contamination," she said.

The tentative agreement is being formalized into a consent decree that the parties expect to complete by the end of the year. The deal must then be approved by U.S. District Judge Janet T. Neff, which would resolve the pending litigation between the state and two townships and Wolverine Worldwide.

Contact Keith Matheny: (313) 222-5021 or kmatheny@freepress.com. Follow on Twitter @keithmatheny.

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