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Bunker Hill Village council votes to opt out of proposed PFAS settlement
Summary
The City Council voted Nov. 21 to opt out of a proposed national PFAS class-action settlement involving manufacturers including 3M and Dow; staff were directed to provide the required notice and the city’s relationship with its surface-water supplier was discussed.
The Bunker Hill Village City Council voted on Nov. 21 to opt out of a proposed national class-action settlement over per- and polyfluoroalkyl substances (PFAS), following staff recommendations and legal briefing. The resolution to opt out, Resolution No. 11-21-2023B, passed 3-0.
PFAS are chemical compounds used in firefighting foam and other products that can migrate into soil and groundwater. The proposed settlements, negotiated in part by several state attorneys general, would provide funds intended to help water utilities test for and treat PFAS in public water systems while limiting potential liability for manufacturers. The litigation is pending in the U.S. District Court in South Carolina and the settlements involve companies including 3M Company and Dow Chemical, according to staff materials presented to the council.
City Administrator Gerardo Barrera and City Attorney Loren Smith briefed the council on the options and timing. Staff told the council that the City of Houston — Bunker Hill Village’s surface-water supplier — had not yet decided whether to opt out of the settlement; staff recommended that Bunker Hill Village opt out if Houston chooses to opt out, and the council followed that recommendation. The resolution directs the City Administrator to provide the required notice to participate or decline under the settlement deadlines.
The council did not indicate the city's water supply is currently impacted by PFAS; staff noted the city's water supply was not impacted as of a June 22, 2023 status update. Next steps are administrative: the City Administrator will file the notice required by the settlement process.
The resolution passed 3-0.
