Class Action Settlement: Middlesex Water & 3M (PFOA)

Summary

The lawsuit was filed after customers were told their tap water exceeded state standards for a cancer-causing chemical.

Customers who file a claim by Oct. 10 can receive between $50 and $2,500 for related expenses.

Middlesex Water has since completed a $52 million upgrade to its water treatment plant.

Final Approval of $4.9 Million Settlement

A Middlesex County Superior Court Judge has given final approval to a $4.9 million class action settlement against Middlesex Water Company and 3M to end lawsuits by customers who were told in 2021 that their tap water exceeded state standards for a cancer-causing chemical.

Claim Amounts and Deadline

The settlement provides those who submit claims to receive $50 or up to $2,500 for reimbursement of monies they spent because of getting the Middlesex Water notices. Claims must be filed by Oct. 10.

Attorney Statement

“This settlement represents a great recovery for Middlesex Water customers who otherwise would have been forced to bear the expense of paying for consultations with doctors, bottled water, water filters, or similar costs incurred as a result of the water quality violations described in the notices they received from Middlesex
Water. We are very pleased with the result,” said attorney Stephen DeNittis, who brought the lawsuit.

Company Response

Middlesex Water has not responded to repeated email requests for comment.

Case History

The settlement, reached Oct. 3, resolves cases that were brought both in state and federal courts and later consolidated.

Named Plaintiffs and Awards

Under the settlement, plaintiffs Tomas Vera, Joel Velez, Margaret Kennedy, Donna Zielinski, Michael Zielinski, Marco L. Nead, Renee Williams, and Roberta Lonsk, who took the lead in filing the lawsuits, will receive a $3,000 incentive award, according to court documents.

Attorneys’ Fees

Attorneys for the plaintiffs will receive $1.6 million, or 33%, of the $4.9 million settlement.

Affected Communities and 2021 Notices

In the fall of 2021, Middlesex Water told customers in parts of Edison, Metuchen, South Plainfield and Woodbridge about the contamination from the company’s Park Avenue Treatment Plant in South Plainfield. The utility later expanded the notification to other customers in Carteret, Clark, Edison, Metuchen, South Plainfield and Woodbridge.

Guidance Provided to Customers

In the notices, certain customers were advised to consult their doctors, use bottled water for drinking and install a water filter. The company did not offer to pay the cost for those measures. Perfluorooctanoic acid (PFOA) is a chemical used in industry and consumer products that break down slowly and can build up in people,
animals and the environment over time.

PFOA: Where It’s Found

The chemical can be found in water, soil, air and food, as well as food packaging, household and personal care products, drinking water and soil and water near waste sites. Long-term exposure can result in problems with cholesterol levels, liver, kidney, immune system, the reproductive system in men, as well as developmental delays in infants and children.

Regulatory Limits and Exceedance

In 2020 the state DEP adopted a stricter permitted level of PFOA in drinking water at 14 parts per trillion. Previously the limit was 40 parts per trillion. In September 2021 Middlesex Water was notified that its wellfield exceeded the PFOA limit with a quarterly average of 21 parts per trillion.

Operational Response

The company suspended use of the wellfield once it was able to switch to alternate sources of water in November 2021.

Treatment Plant Upgrade and Current Compliance

In 2023 Middlesex Water completed construction of its $52 million upgraded water treatment plant at its wellfield on Park Avenue in South Plainfield. The plant treats groundwater in compliance with all state and federal drinking water standards, including levels of PFOA.

Contact

Email: srussell@gannettnj.com

Suzanne Russell is a breaking news reporter for MyCentralJersey.com covering crime, courts and other mayhem. To get unlimited access, please subscribe or activate your digital account today.