Fostoria council tables ordinance to retain outside counsel for PFAS testing and claims

The Fostoria City Council on Tuesday tabled an ordinance that would have authorized the director of law to retain outside counsel to pursue PFAS-related testing and claims for the city. The motion to table, made by Councilman Podek and seconded by Councilman Lake, passed unanimously. The ordinance was described in council documents as declaring an emergency to allow the city to move quickly if it chose to participate. The director of law told the council that proposed outside counsel — identified in the meeting as Douglas Hainom working with Mike Stagg — specialize in environmental class actions and would advance testing costs with no upfront charge to the city. "They would be providing all of the costs upfront to do all of that testing. There would be no cost to the city upfront," the director said, and added that the firms’ contingency fee would be one-third of any recovery. He also said the firms provided informational materials at cleangroundwater.com for public review. Council discussion covered what would be tested and possible exposures. City staff said the water the city currently monitors is the treated, outbound water delivered to customers and that those tests have not detected PFAS. The director said proposed testing would target sources — "all of the input, all the water as it comes into our plant" — and could include separate claims tied to wastewater, airport sites and fire-training areas if contamination is found. The director estimated potential settlement ranges "between $250,000 to $2,000,000," depending on levels found. Council members asked procedural and legal questions. The director said the city’s phase-two claim deadline is Dec. 31, and counsel advised the city could preserve claims for later detectable contamination by joining the broader action now. The Safety Service Director added an illustration of detection levels: "Four parts per billion is the equivalent of one drop of water in an Olympic swimming pool," to explain the low concentrations under discussion. By tabling the ordinance, council delayed formal retention of outside counsel and any immediate testing funded by the proposed firms. The director recommended allowing time for review and public hearings; he noted the city could table the matter without missing the Dec. 31 claim deadline. No formal hiring or testing began as a result of the meeting. Looking ahead, the director said if the council decides to retain the firms they would file claims against the settling defendants (3M and DuPont) and later add claims against other manufacturers if and when those defendants settle. Council members suggested additional internal review and coordination among the mayor, law director and a small group of council members before authorizing signature of any final agreement.