The request of staff for City Council is to review and consider for approval the attached legal services agreement between the City of New Port Richey and the law firms of Baron & Budd, P.C., Cossich, Sumich, Parsiola & Taylor LLC, Young & Partners LLP, and Hobby & Hobby, P.A. collectively referred to as “Attorneys” and allow Ms. Debbie L Manns, City Manager to be the City’s authorized representative of the City to direct Attorneys and to be the City’s primary individual to communicate with the Attorneys on behalf of the City. 

In September of 2023 the City was notified about two proposed class action settlements that involve the DuPont and 3M Companies due to the fact that Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) have been detected in water supplies/sources related to chemicals manufactured by both companies since the 1940’s.  PFAS are known as “forever chemicals”.  Examples of widely used PFAS are fire extinguishing foam, water repellants used on fabrics, carpets, non-stick cookware, shampoos, cosmetics, fast food containers, and paint products.  All of which, can make PFAS present in our water, soil, air, and food.

As City Council may recall, on March 22, 2019 the City purchased Orangewood Lakes Services, Inc. (OLS) a private utility located south of Massachusetts Ave. and west of Osteen Rd.  Subsequent to the purchase of the utility, the City’s utility department abandoned the existing OLS well that supplied water to the OLS customers and connected the OLS system into the City’s water system.

In October of 2023, discussions were held between staff and Mr. Clark Hobby, P.A. of Hobby & Hobby about PFAS and how the City may be affected by the proposed class action suits. Water sampling records indicated that the OLS’s well had detected PFAS at various levels, thus making the City eligible to be a part of the litigation.  Eligibility criteria set forth by the proposed settlements included public water systems that collect/collected from any water source, that on or before June 30, 2023, was tested or otherwise analyzed for PFAS and found to contain PFAS at any level, and any public utility, as of June 23, 2023 that are subject to the EPA monitoring rules serving more than 10,000 people (large utility), and small utilities serving between 3,000 and 10,000 people are eligible for a portion on the proposed settlement.  In the City’s case, this could result between $500,000 to $1,000,000.