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Oswego board approves contract to test raw water for PFAS under contingency legal agreement
Summary
The Village of Oswego voted unanimously to authorize outside counsel to test raw well water for per- and polyfluoroalkyl substances and pursue compensation if contamination is found; the agreement requires no upfront cost and would pay attorneys from any recovery.
The Village of Oswego Board of Trustees on June 10 approved a resolution authorizing execution of a contingency-fee legal services contract to test the village’s raw water sources for PFAS and, if warranted, pursue recovery from manufacturers and other liable parties.
The resolution authorizes two law firms to undertake raw-water testing, expert work and litigation on behalf of the village and specifies that the firms will be paid only from any gross recovery, plus litigation expenses; the village will incur no out-of-pocket cost if no compensation is obtained.
Dan (staff member) summarized the request and the scope of the agreement, saying the proposed firms represent many municipalities nationally and in Illinois and would “test our raw water supply to determine if there is PFAS in that water” and “help us compile our damages claim” if contamination is found. Dan said the village can terminate the agreement at any time with written notice and recommended approval.
Board members asked clarifying questions about cost and testing. Andrea Lambert, finance director, did not identify new costs associated with the contract, and President Ryan Kaufman said the arrangement represented “a win-win” because the village risks no taxpayer dollars in the near term. Dan and staff emphasized that the village already tests finished water and has not found PFAS in treated water; the raw-water testing the contract authorizes would analyze untreated well water to determine whether source contamination exists.
The board moved and approved the resolution by roll call vote. Trustees recorded unanimous affirmative votes.
The action does not itself change water treatment or billing. If raw-water testing finds PFAS and the village obtains compensation, the firms would recover an agreed portion of the gross recovery and any litigation expenses per the contract terms approved by the board.
Votes and next steps: With the resolution approved, staff and the contracted firms will arrange raw-water sampling. Any subsequent damage claim or settlement would return to the village’s financial and legal records and, if necessary, to the board for further direction.
Ending: The board’s action permits investigation without using village funds up front; staff said the most likely immediate result if contamination is discovered would be a damages claim and potential recovery to compensate remediation or other village losses.
