WICOMICO COUNTY, Md. -- The firm that filed a class action lawsuit against Perdue Agribusiness has released a new study. It claims more homes and people could have contaminated well water than initially thought.
"There's no doubt in my mind that there are people in that community, that for the last two years, and currently, are drinking contaminated water and have no idea," said Philip Federico, a partner at Brockstedt Mandalas Federico LLC.
Federico tells WBOC that a team of environmental experts, geologists and engineers commissioned by BMF studied Maryland Department of the Environment documents and tested well water outside Perdue's current investigation area.
The study, conducted by S.S. Papadopulos & Associates, Inc. (SSP&A), collected 13 samples from drinking water wells outside the current investigation area.
According to the study, half of those samples found maximum contaminate level exceedances of one or more PFAS chemicals.
"It's the same chemical, the same DNA, it is the same contamination, and Perdue is just unwilling to expand the testing area to really determine the nature and extent of the problem," said Federico. "They don't want to know the nature and extent because they don't want to have to deal with it."
The study shows the expanded area includes an estimated 900 homes and 2,200 people. Federico said it's unclear how many of those homes could have PFAS chemicals in their well water.
The expanded area includes homes on Carolyn Avenue and Mildale Drive, to name a few.
"I thought we were plenty far enough away from Perdue plant to not affect our area here," said Gary Mills, who lives on Carolyn Avenue. "But, I guess the groundwater flows a long ways, evidently."
According to Federico, SSP&A's study concluded that the contaminated groundwater could travel up to 500 feet per year.
"We need clean drinking water, and so it should be cleaned up, some way, shape or form," said Barry Goswellen, who lives on Mildale Drive.
BMF is asking Perdue to spend $92.8 million to clean up its potentially expanding mess.
Perdue did push back on this study, and spokeswoman Andrea Staub provided the following statement to WBOC:
"This report is not new; it is from July and has already been filed as part of the litigation. This information presents an out of date and incomplete picture, as every step they cite has already been consideredandmany have already been pursued by Perdue in coordination with MDE.
It is nothing more than promotion for their class action lawsuit against Perdue. It omits completely – perhaps intentionally – the significant progress we and the Maryland Department of the Environment have made over the past year to identify, test and treat instances of PFAS in the groundwater around the Zion Church Road facility.
Within the testing area, Perdue has completed well water testing, installed treatment systems at nearly all impacted properties, provided bottled water to the community and completed upgrades to treat wastewater and remove potential PFAS sources at our facility, including installation of a new, non-PFAS fire suppression system. We continue to work closely with MDE to implement a comprehensive testing and treatment plan. Our priority has always been protecting the health and safety of the communities where we live and work.
We have been part of the Salisbury community for more than 100 years. We take our responsibility to our neighbors seriously and claims to the contrary – from a financially motivated class action law firm – ignore our significant efforts to address this issue responsibly, quickly and openly."
Federico denied the claim that BMF only commissioned and released this study to benefit the class action lawsuit.
Lawsuit Update:
Last month, a federal judge denied Perdue's request to dismiss the class action lawsuit.
On Friday, September 26th, Federico told us his firm is gearing up to begin discovery in the next 30 to 60 days. He hopes the process will allow them to access the Perdue facility and conduct their own testing.
Federico also told WBOC it will likely be at least a year before a trial date is set.