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Posted on: October 3, 2018

City announces legal action resulting from PFOS contamination


The City of Dayton is pursuing legal action to recover costs associated with protecting its drinking water from PFOS contamination. 

Mayor Nan Whaley announced the City of Dayton has filed a lawsuit in federal court naming defendants 3M Company, Buckeye Fire Equipment Company, Chemguard, Inc., Tyco Fire Products L.P., and National Foam, Inc. These companies manufactured, marketed and sold a firefighting foam product that contained PFOS chemicals.

The City of Dayton has undertaken the costs of making sure that these chemicals do not further endanger the public water supply. The lawsuit seeks to recover damages for treatment and removal of these contaminants from the public drinking water. 

PFOS and related chemicals are toxic and non-biodegradable and move easily through soil and groundwater. They can pose serious risks to human health and safety. 

The City of Dayton believes that concerns about PFOS contamination were caused and created by these companies' products and that they have been aware for more than 40 years that the chemicals were toxic but chose to place profits over human health. 

Despite the manufacturers' knowledge of potential harm, these products were used for decades for firefighting and fire training by civilian and military airports, fire departments--including the City of Dayton--and in industrial facilities, including some throughout Dayton. These products were only used by the City of Dayton because the City was unaware of the serious risk posed. 

The City has and will continue to spend funds to protect the water supply and to modify infrastructure to ensure that water remains clean and safe. Ratepayers should not be responsible for cleaning up the contamination caused by these companies' products. 

Dayton's water is and will continue to be safe. The City of Dayton remains vigilant in protecting the water supply and will continue to work closely with Wright-Patterson Air Force Base and the Ohio EPA to make sure that the City is doing everything possible to ensure the community continues to have access to clean, safe water. A key part of this vigilance is holding those who created the hazard responsible. 

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