Dear FRWA Members:

As many of you know, a settlement was reached this summer to resolve a pending class action against 3M and DuPont related to PFAS contamination. In short, the settlement is designed to provide more than $13 billion to eligible water systems throughout the United States. Eligibility is divided into two groups: Phase One and Phase Two. Determining membership in either group can initially be accomplished by reviewing the attached list of pre-identified systems. Keep in mind that this list was prepared using the following assumptions:

3M – ($10.5 billion up to $12.5 billion)

Phase One – An Active Public Water System in the United States that has one or more Impacted Water Systems as of June 22, 2023. Each Phase One Qualifying Class Member must test each of its Water Sources for PFAS. Phase One Settlement Claims must be received by April 2, 2024 at the earliest depending upon the date the court approves the settlement.

Phase Two – Most Public Water Systems that (i) are required to test for certain PFAS under UMCR 5, or (ii) serve more than 3,300 people. Phase Two Testing forms must be received no later than January 1, 2026.

DuPont ($1.185 billion)

Phase One - A Public Water System that draws or otherwise collects from any Water Source that tested or otherwise analyzed on or before June 30, 2023 and found to contain any PFAS at any level. Phase One Settlement Claims must be received by February 14, 2024 at the earliest depending upon the date the court approves the settlement.

Phase Two – A Public Water System that is not a Phase One Qualifying Settlement Class Member and as of June 30, 2023, is subject to the monitoring rules set forth in UCMR 5 or other applicable state or federal law. Phase Two Testing forms must be received no later than January 1, 2026.

If you believe that your system fits one of the descriptions above but is not on either list, you may still be able to participate in the settlement.

All systems (with minor exceptions) must perform Baseline Testing as part of the claim process. This is different from what the EPA requires for UCMR 5 because claimants must test every water source, not just the entry points to the distribution system. These test results are used together with a system’s flow rates to generate a PFAS score, which is an indicator of the monetary payment available to a system. Payments to eligible claimants will take place over time and consider capital expenditures as well as operation and maintenance expenses associated with PFAS mitigation.

The claims process can be daunting, and many law firms are soliciting water systems to provide counsel in exchange for a percentage of the system’s recovery – usually around 25%. There are downsides to such an arrangement, particularly when the attorney fee would greatly exceed an amount that would ordinarily be charged on an hourly basis. As an alternative, FRWA again partnered with Dooley Gembala to represent FRWA members under a preferred hourly rate structure, which is designed to give greater flexibility while maximizing the settlement benefit to systems.

To learn more about this program, please do not hesitate to contact FRWA, or email pfas@dooleygembala.com. You can also reach out directly to Matt Dooley at (440) 930-4001. Remember that time is of the essence, so act soon even if handling your system’s claim internally or through other means.

Defend Yourself Against the Fraud Epidemic is a one hour webinar presented by Ameris Bank to help our members recognize fraud and how you can protect yourself against the epidemic. Topics covered will include email compromise, ransomware, social engineering, and phishing. This is a one hour webinar that is offered free of charge. There will be time for questions and answers following the webinar. To register, click on the graphic below.

By popular demand, we are back in Daytona next year at the Daytona Hilton! The Conference will be held on July 29-31, 2024. More to come!!!

NATIONAL NEWS

Advocates from PFAS-affected communities say GOP bill gives polluters a pass| Wisconsin Examiner Clean water advocates in some of Wisconsin’s communities hit hardest by PFAS contamination say Republican-authored legislation to aid in the cleanup of the harmful “forever chemicals” contains too many poison pills to more

Hawkins will be awarding five $3000 scholarships to support the NRWA Apprenticeship Program through our state affiliates and their utility members. more

Developing Standard Operating Procedures (SOPs) November 16th, 2023 2:00 PM CDT | NRWA This training will look into assisting in the development of SOPs more

How to Prepare Your Utility for Disasters: A Webinar for Very Small Drinking Water Systems that Serve Under 3,301 People November 14, 2023 | 12:00 pm CDT more

EPA ORD Small Drinking Water Systems Webinar - Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) 10/31/23 2:00 PM EST more

What Is Seawater Intrusion? A Hydrogeologist Explains The Shifting Balance Between Fresh And Salt Water At The Coast | Water Online Seawater intrusion is the movement of saline water from the ocean or estuaries into freshwater systems. The seawater that has crept up the Mississippi River in the summer and early fall of 2023 is a reminder that coastal communities teeter in a fragile land-sea balance. more

EPA Withdraws Water Sector Cybersecurity Rules Due to Lawsuits | SecurityWeek

The EPA announced in March that it would require states to report on cybersecurity threats in their public water system audits. The agency offered to provide guidance and technical know-how. more

Time running out for water utilities to join national PFAS settlement - Michigan Radio 

Thousands of water utilities across the Great Lakes region and nationwide will decide in the next three months whether to join two multibillion-dollar, class-action settlements against the largest producers of toxic PFAS chemicals that have tainted drinking water supplies. more

NDWAC Reviews Emergent MDBP Working Group Recommendations| ASDWA

On October 11, the National Drinking Water Advisory Council (NDWAC) reviewed the emergent recommendations put forth by the NDWAC’s Microbial Disinfection Byproducts (MDBP) Working Group, which included more

Register for EPA ORD’s Small Systems Webinar on UCMR5, Fraud Awareness, and PFAS Drinking Water Methods | ASDWA

Each month, EPA’s Office of Research and Development (ORD) hosts the Small Drinking Water Systems Webinar Series, which consists of 3 presentations and time for the audience to ask questions. Register now for October’s webinar on October 31, 2023 from 2:00-3:30 ET. October’s program will include the following three presentations more

Navigating Troubled Waters: 5 Challenges To Water Utility Profitability | Aquana

Water utilities are the unsung heroes of modern society, providing us with the lifeline of clean and safe water. However, they face a barrage of challenges that threaten their efficiency, profitability, and, by extension, the sustainability of this vital service. more

Funding to Mitigate Disasters with "Fed FUNDS" Free Webinar November 7, 2023, 1:00 - 2:00pm ET| EPA

The U.S. EPA is sponsoring a free webinar on Federal Funding for Water and Wastewater Utilities in National Disasters (Fed Funds). more

STATE NEWS

Judge sides with bottling company in fight to pump water from Florida spring | Orlando Weekly After years of legal battling, an administrative law judge Tuesday supported renewing a permit to allow piping hundreds of thousands of gallons of water a day to a North Florida bottling plant. more

Here's why your water might taste or smell like chlorine in Miami Dade | NBC6 Miami

Some Miami-Dade County residents may start noticing a chlorine taste or smell in their water -- due to an annual event operated by the Miami-Dade Water and Sewer Department.The Annual Chlorine Conversion is scheduled for October 16th through the 29th, when the method used to chlorinate drinking water supply, at water treatment plants, is temporarily changed. more

Century’s Permanent Water System Interconnect To Century Prison Getting More expensive | North Escambia The Tow of Century’s plan to provide a dependable backup source water for the Century prison is about get more expensive if and when it is used. The permanent interconnect from Central Water Works to the Century water system was completed in May 2020 to provide a dependable water supply to the prison. At one point in 2020, the prison was receiving water through an emergency fire hose connection across Tedder Road after the failure of a Century water well. more

Ag chief Simpson seeks $300M to keep rural land from development | Orlando Sentinel TALLAHASSEE — Agriculture Commissioner Wilton Simpson is seeking $300 million for a program designed to keep swaths of rural land from commercial and residential development, triple the amount vetoed by Gov. Ron DeSantis this year. more

FAMU-FSU College of Engineering researchers join fight to clean up Florida's lakes | WFSU

Researchers from the FAMU-FSU College of Engineering are kicking off a new project to help clean up Florida’s ecosystem, one lake at a time. Nasrin Alamdari, an assistant professor at the College of Engineering, is leading the charge to fight harmful algae known as cyanobacteria from freshwater lakes in the area. more

Boca Raton's Water Utility Receives Sustainability Recognition | Boca Post

The City of Boca Raton’s Utility Services Department recognized for sustainable, environmentally conscience practices. The City of Boca Raton’s Utility Services Department has once again gained global recognition more

Resilient Jacksonville: Mayor launches 50-year strategy for city’s infrastructure to confront extreme weather, flooding | News4Jax

JACKSONVILLE, Fla. – At a University of North Florida environmental symposium on Friday, Mayor Donna Deegan launched “Resilient Jacksonville,” a 50-year strategy to ensure the River City’s infrastructure is strong enough and adaptable enough to confront flooding and extreme heat. more

Tropical Storm Tammy-Model Forecasts-Next 5 days| FDEM

With Tammy now a Tropical Storm, models are in better agreement of a northwestward motion over the next 24-48 hours, reaching the Lesser Antilles in the next day or so. Some disagreement arises thereafter due to disagreement on the intensity of the system at that time. more

Two Apopka Schools receive Blue School Grants money from St. Johns River Water Management District | theapopkachief.com

Two Apopka schools were among 20 schools within the St. Johns River Water Management District’s 18-county region to receive a portion of nearly $40,000 through the Blue School Grants program. more

$23 million approved to restore Sanibel beaches | NBC-2 

The State and FEMA secured $23 million for the Sanibel Hurricane Ian Beach Recovery and Resilience Project to restore the island’s beaches affected by Hurricane Ian. more

Opinion: Climate change will be a fiscal disaster for many Tampa Bay beach towns | Tampa Bay Times Climate change is affecting communities nationwide, but Florida often seems like ground zero. In September 2022, Hurricane Ian devastated southwest Florida, killing at least 156 people and

causing an estimated $113 billion in damages. more

Dedication of Glasgow Water Supply

October 14, 1842: Celebration of the delivery of the Croton water supply to New York City. "Two days before the holiday Hone wrote in his diary: 'Nothing is talked of or thought of in New York but Croton water; fountains, aqueducts, hydrants, and hose attract our attention and impede our progress through the streets. Political spouting has given place to water spouts, and the free current of water has diverted the attention of the people from the vexed questions of the confused state of the national currency.'