Lawsuit Filed Over Contaminated Wells

A Lawsuit was filed last week by Wright & Reihner P.C. on behalf of six homeowners over the contamination of wells found in an area stretching over four townships more than one and half miles from the Ivy Industrial Part in North Abington. So far levels of both trichloroethylene (TCE) and tetrachloroethylene (PCE) have been found to be well over the acceptable federal standard in more than 50 commercial and residential wells in the area. In some case the levels of PCE were more than 30 times higher than the acceptable level.

The suit names Metso Paper USA, Sandvik, Sandvik Extruded Tube, Inc., and Sandvik’s environmental plant manager, Larry Snell, as defendants. It comes on the heels of two class-action lawsuits that have been filed over the contamination. Metso is named as a defendant in both lawsuits, while Sandvik is named in just one of the cases.

Metso Paper officials were aware of TCE and PCE contamination in shallow groundwater monitoring wells as early as August 2002, according to information released by DEP. The common solvents are typically used to degrease metal. Meanwhile, Sandvik, the other potentially responsible party, also had a prior run-in with the two solvents. The steel tube and pipe manufacturer discovered TCE and PCE more than five years ago during excavation work, according to a report sent to DEP in March 2000, more than five before public notice was given by the DEP last August.

The pressing questions remain, first, why the two companies were not compelled by the DEP to take immediate action to reduce or eliminate levels of chemicals that were seeping into area wells? And secondly - and perhaps even more alarming - why were area residents nore notified by the DEP earlier that it was possible they were drinking contaminated water? The Scranton Time has quoted State Representative Gaynor Cawley's response to the issue:

I would much rather they panicked in January, and by now they would have at least had an assurance that action has been taken if their water is safe or is not safe,” said Mr. Cawley. I would have notified those homeowners immediately, at least to say, ‘Don't drink your water until you'’re tested. I'’m not happy at all.”

Many residents and officials, meanwhile, simply want to know: What harm would a heads-up have rendered, even one littered with uncertainties?

Metso Paper never formally entered the voluntary Act 2 program, which releases property owners from liability if they clean up contamination. But both Metso and the DEP proceeded as if the company had, and conducted more sampling and a site review, though it is unclear that action was taken to reduce levels of the emitted into the local enviornment.

Under the Act 2 program, public notification comes once a property owner formally agrees to enter, filing a notice for intent to remediate. But beyond specific programs like Act 2, the environmental department doesn't have specific statutes governing public notification in situations like the Ivy Industrial Park.

Additionally both companies may be found to have been in violation of the Clean Streams Law, a statute which requires the person spilling the substance or the person owning the premises from which the substance is spilled to alert the environmental department immediately.

You can read more from the Scranton Times coverage of the situation here. Additionally, check back to this website as O'Malley and Langan will be keeping a close eye on the legal side of this issue as it develops.