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Stuart takes on corporate giant 3M in toxic 'forever chemical' fight

'We just hosed it with straight water down into the ground,' Stuart Fire Chief Vince Felicione says
Posted at 6:57 AM, Jun 06, 2023
and last updated 2023-06-06 07:19:46-04

STUART, Fla. — A settlement could be reached this month in a court case involving a corporate giant and the city of Stuart.

A lawsuit claims that for decades a toxic "forever chemical" tied to health issues, including cancer, was pouring into the city's groundwater and drinking water.

The city is now the face of a national fight to have the manufacturer pay for the cleanup that hundreds of communities now have to tackle.

Behind the city of Stuart's main fire station, Fire Chief Vince Felicione showed WPTV what remains of the chemicals the department used for decades to create firefighting foam.

The chemicals sat for several years under a tarp with a sign that read "Danger Hazardous Chemicals."

"We imagine it would have to go to a specialized place to be incinerated," Felicione said.

Stuart Fire Chief Vince Felicione explains how firefighters actually played in the chemicals for years while training.
Stuart Fire Chief Vince Felicione explains how firefighters actually played in the chemicals for years while training.

Before they knew it was toxic, Felicione said the foam was used frequently by firefighters training on a field that was once grass, which at times coated the field with the foam like snow.

"We would be silly firefighters and throw it at each other and play in it and say, 'It's snowing in Florida,'" Felicione said. "We did that for years."

He said they were just as carefree about the cleanup, thinking the foam was as safe as dish soap.

"We just hosed it with straight water down into the ground," Felicione said.

But an investigation by the city and the Department of Environmental Protection around 2017 found the foam seeped into the groundwater and contaminated the city's water from chemicals in the foam called PFAS and PFOS.

Felicione said they used the foam in training hundreds of times for about 20 years.

"It obviously took all of us by shock," Felicione said.

According to the CDC, the chemicals are now linked to higher risks of certain cancers, low infant birth weights, higher cholesterol and blood pressure, among other ailments.

"It's just another piece in our job that adds to our cancer risk," Felicione said. "The inherent risk that we take on is one thing, but this was a risk we didn't know about."

Stuart city attorney Mike Mortell explains ongoing litigation involving the makers of the "forever chemicals."
Stuart city attorney Mike Mortell explains ongoing litigation involving the makers of the "forever chemicals."

Now the city of Stuart is taking several manufacturers of the foam to federal court, including corporate giant 3M.

They claim 3M knew, but didn't tell the city about the toxic contamination risks.

Stuart city attorney Mike Mortell said Stuart was chosen to represent hundreds of communities across the country who want 3M to pay for their cleanup, testing and filtration.

Mortell said Stuart was chosen in part because of the work it has already done to fix the problem.

He said the city wants to be awarded more than $100 million to cover what has already been spent on projects like a multi-million dollar treatment plant and filtration system keeping levels of the chemicals undetectable or below the health advisory limit.

He also wants enough money to help fund future projects like drilling for an entirely new water source.

"Let's develop a plan to remove the PFOS that are in the ground, soil and the water for the generations in the future," Mortell said.

A highly-anticipated federal trial that was slated to begin this week has been delayed. Bloomberg.com said a settlement agreement of at least $10 billion could be in the works.

A 3M spokesperson also said they do not comment on speculation of the settlement amount, adding that 3M will continue to address other litigation by defending themselves in court or through negotiated resolutions, all as appropriate.

"It's surreal," Mortell said. "It's so much bigger than we actually imagine."

Stuart, a city known for its beauty is making a national name for itself in a fight for clean water.

"It is kind of exciting to see our little town go and fight a giant," Felicione said.

A settlement would have to be agreed upon within 21 days.

If that deadline is missed, the city attorney said the trial would be back on.