Commissioner raises concern about draft 3M judicial consent order and local cleanup liability

At a reports‑of‑committees update, Commissioner Bertino said the Atlantic County Utilities Authority (ACUA) opposes a draft judicial consent order (JCO) proposed by the New Jersey Department of Environmental Protection to settle PFAS claims against 3M Co.

Bertino said the draft settlement, as circulated, would prioritize compensation for drinking‑water impacts at schools, day‑care centers and residences but would release 3M from future liability for other PFAS‑related claims, potentially leaving wastewater and solid‑waste authorities, including ACUA, to bear cleanup costs.

ACUA engineers estimated that treating landfill leachate to remove PFAS — if required — could cost roughly $6 million, Bertino said. He and ACUA officials argued the JCO should not strip local governments and utilities of the right to pursue future PFAS claims or to secure funds for remediation of wastewater and solid‑waste impacts.

Bertino described PFAS as pervasive (used in many consumer and industrial products) and warned the board that a settlement limited to certain site types would leave counties and ratepayers with substantial long‑term costs for treatment, disposal and monitoring. He urged the board to prepare a county resolution asking NJDEP to revise the draft JCO so municipalities, authorities and other public entities retain legal options.

Commissioners discussed the potential scale of liability and the practical challenge of where to dispose of PFAS‑containing residuals after treatment; several asked county staff to work with ACUA and counsel on a county resolution. Bertino said Monmouth County had already adopted a similar position and urged the board to act quickly.