Perdue sues maker of firefighting foam containing PFAS used in MD

Perdue AgriBusiness has announced legal actions against companies connected to PFAS-containing firefighting foam, or aqueous film-forming foam (AFFF), previously used in the fire suppression system at its Zion Church Road facility in Salisbury.

To date, the comprehensive investigation has identified the foam as the source of regulated PFAS in the site’s groundwater, according to its release. Perdue said it will continue working with regulators and the Salisbury community as investigation, remediation and monitoring efforts continue.

The lawsuits seek accountability from producers, suppliers and contractors associated with the PFAS-containing firefighting foam products and systems used at the facility over multiple decades, including claims against 3M and companies associated with Johnson Controls tied to the manufacture, supply, servicing and discharge of those systems, per Perdue’s release.

“The evidence collected through this investigation has, as of today, identified PFAS-containing firefighting foam systems as the source of regulated PFAS associated with the site,” said Herb Frerichs, general counsel for Perdue Farms. “The legal actions allege that companies responsible for manufacturing, supplying and servicing those systems knew or should have known about the environmental risks associated with these products. Perdue did not manufacture PFAS or firefighting foam, and we are pursuing accountability from the parties responsible for those products and their handling while continuing to work with regulators and the community.”

A statewide sampling initiative first identified elevated PFAS levels in groundwater at the facility in 2023. At the direction of the Maryland Department of the Environment, Perdue said it launched a comprehensive investigation and response effort in coordination with experts.

A lengthy investigation led by Langan Engineering and Environmental Services examined facility operations, site conditions, environmental pathways, wastewater systems and surrounding areas before concluding that AFFF from the facility’s former fire suppression system was the source of regulated PFAS in the site’s groundwater, according to Perdue. The lawsuits allege that manufacturers associated with the AFFF products failed to adequately warn users about environmental risks tied to PFAS containing foam and that contractors involved in servicing and testing the systems were responsible for repeated discharges of foam at the facility.

Perdue said it has worked closely with environmental experts to investigate and address impacts in the surrounding community. Actions taken to date that it cited include:

• Testing private wells across 679 properties within the MDE-designated testing area.
• Installing free point-of-entry treatment systems for homeowners at all impacted properties who requested one.
• Providing free bottled water to impacted residents.
• Replacing the facility’s former fire suppression system with a non-PFAS alternative.
• Completing wastewater treatment upgrades designed to reduce regulated PFAS to trace levels in treated wastewater.

Reporting by Keith Demko, Salisbury Daily Times / USA TODAY Network via Reuters Connect.