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Oswego board authorizes contingency contract to test raw wells, pursue PFAS claims
Summary
The Village of Oswego approved a resolution to join PFAS/AFFF litigation on a contingency-fee basis; staff said finished water tests show no PFAS but the contract would permit testing raw well water and pursuing compensation if contamination is found, with attorneys paid one-third of any recovery.
The Village of Oswego Board of Trustees voted unanimously to authorize a contingency-fee contract with outside counsel to test the village’s raw well water for PFAS chemicals linked to firefighting foam and to pursue compensation if contamination is found.
Dan presented the resolution and explained the proposed agreement would allow two law firms named in the staff report to negotiate, file suits, and employ experts on the village’s behalf. "If we recover money, the attorneys would receive one-third of the gross amount they recover, plus litigation expenses," Dan said. He and staff stressed the village would pay nothing out of pocket unless there is a successful recovery.
Finance Director Andrea Lambert said the village regularly tests finished water and has not found PFAS in finished water to date, but the proposed work would test raw water coming from wells to determine if source contamination exists. "If there is harm discovered in our water system, we are entitled to compensation," Dan said. Lambert added staff recommends approval and that the Village can terminate the engagement at any time with written notice.
Trustees moved and seconded the resolution; roll-call votes recorded all affirmative responses. The board’s action authorizes staff to execute the legal services agreement and proceed with source testing if the contract is executed.
Nut graf: The resolution lets Oswego join ongoing litigation tied to national PFAS settlements without upfront taxpayer cost, shifting legal fees to the contingency arrangement; it also directs testing of raw well water to establish whether the village has a compensable claim.
In discussion trustees sought clarification on costs and scope; staff reiterated there is no out-of-pocket cost unless there is a recovery and that testing would focus on raw well water rather than the treated finished product. The board approved the resolution by roll call.
Next steps: staff will execute the contract if formalized, coordinate raw-water testing through the attorneys’ protocol, and return with findings or further recommendations if contamination or claims are developed.
