CU sues 3M over 'forever chemicals' in Springfield water supply

City Utilities of Springfield has filed suit against Minnesota-based 3M (NYSE: MMM) for allegedly discharging so-called forever chemicals into the city's water supply.

The citizen lawsuit, filed by CU on June 3 in the U.S. District Court for the Western District of Missouri Southern Division, alleges violations of the Clean Water Act and the Resource Conservation and Recovery Act. 3M's 3211 E. Chestnut Expressway plant allegedly discharged a group of chemicals known as PFAS, or perfluoroalkyl and polyfluoroalkyl substances often described as forever chemicals.

"3M discharged and is discharging various pollutants through its stormwater outfalls and into groundwater in violation of its federal and state discharge permits and the CWA, and such illegally discharged pollutants are presenting an imminent and substantial danger to human health and the environment in violation of RCRA," the lawsuit reads.

A 3M spokesperson provided a statement to Springfield Business Journal regarding the lawsuit.

“As the science and technology of PFAS, societal and regulatory expectations, and our expectations of ourselves have evolved, so has how we manage PFAS. 3M will address PFAS litigation by defending itself in court or through negotiated resolutions, all as appropriate,” the statement reads.

The suit alleges chemicals from the 3M plant have been discharged into Jones Spring, Pearson Creek and ultimately the James River, adjacent to the intake for City Utilities’ Blackman Water Treatment Plant.

A statement issued by CU to SBJ indicates the utility "believes that 3M has known about the PFAS contamination on their property for years" and that the Missouri Department of Natural Resources notified 3M in writing of the activity several years ago. According to the statement, CU believes PFAS chemicals at the 3M plant can be traced to the company allegedly failing to properly handle spent fire-fighting foam from its on-site fire suppression system.

"Despite this knowledge, 3M has not taken adequate steps to halt the illegal discharges, evaluate the impacts to area water resources including Jones Spring and the James River, or to assist City Utilities in installing PFAS barrier technology at the Blackman WTP," the statement reads. "Through this lawsuit, City Utilities intends to hold 3M accountable to stop the illegal discharges of PFAS, clean up impacted water sources and pay for the PFAS barrier technology needed at the Blackman WTP as a result of 3M’s mismanagement of PFAS chemicals at the plant site."

The suit seeks a declaration for 3M to stop its alleged discharging of PFAS, to remediate various water bodies and to help CU install technology at the Blackman plant to remove the chemicals.

CU officials said in the statement that the utility began testing its water supply for PFAS in November 2022, and that over the past year, a range of 3.1 to 16.0 ppt PFOS, which is a chemical in the PFAS family, has been detected in the James River. CU has moved to blend water from James River with Fellows Lake and is also working with an engineering consulting firm on the issue.

Court documents indicate the 3M plant in Springfield spans 420,000 square feet on 100 acres. Opened in 1967, the 485-employee plant makes tapes, adhesives and sealants.