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Hutchinson approves contingency contract for PFAS litigation; limited city testing reported
Summary
Council authorized a contingent‑fee contract with outside counsel to join PFAS class‑action settlement opportunities; public works staff reported well‑field and RO discharge non‑detects but detected PFAS in RO membrane concentrate and discussed testing deadlines tied to potential cost reimbursement.
Hutchinson — The City Council on Dec. 2 authorized a contingent‑fee legal contract to allow Hutchinson to participate in PFAS class‑action settlement opportunities and heard an update on limited local water testing.
City attorney Paul Brown recommended retaining Stagg Luzell LLC and McDonald Tinker (local counsel Jennifer Hill) under a contingent fee arrangement, described as a proposed one‑third fee typical for such work. Brown said joining before upcoming deadlines could allow the city to submit testing costs for reimbursement under the settlement structure.
Representatives from public works told the council they have conducted limited testing on the city’s water system: the municipal well field returned non‑detect results, and reverse‑osmosis (RO) discharge tested non‑detect, but PFAS were detected in the RO membrane concentrate — the byproduct targeted by approved RO treatment. Staff noted KDHE (Kansas Department of Health and Environment) is rolling out a testing program and that utilities serving more than 10,000 customers will face quarterly testing requirements.
Paul Brown said the contract would not require up‑front city payments because it is contingent‑fee based. Council approved the motion to retain the firms and authorize the mayor to sign.
The council also discussed the practical deadlines for submitting testing and claim paperwork tied to the class settlement and the city’s next steps for testing and regulatory compliance.
