The Titusville City Council will discuss joining a proposed class action settlement concerning Per- and Polyfluorinated Substances (PFAS) contamination in the public water system in its upcoming meeting on Tuesday, October 24, 2023, at 6:30 p.m. at City Hall.

The agenda item, brought forth by City Manager William S. Larese, outlines a significant legal development in the ongoing battle against PFAS contamination. The City has been informed about a multi-district litigation (MDL No. 2873) that has received preliminary approval from the United States District Court for the District of South Carolina.

The litigation encompasses two class action settlements aimed at addressing claims for PFAS contamination in public water systems’ drinking water. The settlements involve two groups of settling defendants: the 3M Company, and a collective of companies including E.I. Du Pont de Nemours and Company, now known as EIDP, Inc., and others under the umbrella “DuPont.”

These settlements are on the verge of moving forward, awaiting final approval from MDL Judge Richard M. Gergel. Fairness hearings are slated for December 14, 2023, for DuPont and February 2, 2024, for 3M.

The City of Titusville is eligible for Phase Two Public Water System Claims as per the proposed settlement. However, this necessitates additional PFAS testing at individual water sources within the City’s jurisdiction, beyond what the Environmental Protection Agency (EPA) requires.

These tests, exclusive for settlement purposes, must be submitted to the settlement council by June 30, 2026, for DuPont and July 31, 2026, for 3M.

The directive encompasses testing of around 55 water production wells in Area II and III, with the estimated cost ranging between $29,700 and $36,740. These costs might be reimbursable under the settlement’s terms. This item is currently not budgeted and the future expenses related to this item will be covered through the Water & Sewer Fund.

The council is anticipated to provide direction on the City’s participation in the PFAS Public Water System Settlements and any forthcoming testing related to the settlement.

For more information on the settlement, visit www.pfaswatersettlement.com/.