Water provider Aqua sues chemical company, alleging PFAS contamination in West Chester

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Water provider Aqua Pennsylvania has filed a lawsuit against Arkema Inc., alleging the chemical manufacturer contaminated the greater West Chester area’s water supplies with the toxic class of chemicals known as PFAS.

The so-called “forever chemicals,” widely used in consumer products such as nonstick cookware and waterproof clothing, as well as in firefighting foam, have been linked to serious health problems, including some cancers.

The health risks associated with PFAS, which can stay in the human bloodstream for years, have prompted strict regulations on the chemicals. The concerns about PFAS have also sparked numerous lawsuits against chemical manufacturers, such as DuPont and 3M.

The latest lawsuit, filed this week in the U.S. District Court in Philadelphia, alleges Arkema negligently discharged PFAS into the Goose Creek watershed, which Aqua draws from to supply drinking water to about 16,000 customers in Delaware County, and in parts of Chester County.

As a result of Arkema’s alleged actions, Aqua spent millions of dollars to test and remove PFAS from its water supply, according to the lawsuit. The water provider is seeking compensation to recover the associated costs.

“[Aqua] continues to take actions to hold polluters accountable,” the company said in an emailed statement. “This lawsuit, and our other legal actions against multiple PFAS manufacturers and polluters, is brought to ensure that the responsibility for the cleanup of these contaminants is attributed to the polluters, not our customers.”

Arkema did not immediately respond to requests for comment.

The U.S. Environmental Protection Agency implemented new regulations last year requiring water providers to monitor and treat its water over the next four years to reduce PFAS levels to almost zero.

Filtration systems that remove the chemicals cost millions of dollars, however. While former President Joe Biden set aside billions of dollars to address PFAS, water providers say more resources are needed.

Aqua and other water providers argue polluters should be held responsible, and have promised to file lawsuits against them to pay for PFAS treatment.

In an interview with WHYY News last year, Aqua said it could cost at least another $250 million dollars to get 36 of its water systems compliant with the new federal rules.

Aqua began detecting high levels of PFAS along Goose Creek in West Chester in 2019.

The water provider alleges the forever chemicals were discharged from Arkema’s West Chester facility, where acrylates and other specialty chemicals used in surface coatings, adhesives and sealants are manufactured.

Arkema failed to mitigate the contamination and did not inform environmental officials, even though they were likely aware of the risks, according to the lawsuit.

PFOA, a type of forever chemical, was detected at levels as high as 111 parts per trillion in the creek, according to the lawsuit. Another forever chemical, PFNA, was detected at 1,810 parts per trillion.

The lawsuit does not indicate whether the PFAS made their way to customers’ taps. However, 2024 testing results indicate the chemicals were as high as 6 parts per trillion at Aqua’s West Chester water system, located downstream of the Arkema facility. It’s not clear how high PFAS levels were in Aqua’s West Chester supply prior to 2024.

Aqua’s West Chester water system serves customers in Media and Rose Valley, as well as in Middletown, Upper Providence, Nether Providence, Chester Heights, Aston, Marple and Ridley townships.

Almost half of drinking water in the U.S. contains PFAS, according to he U.S. Geological Survey. Last year, the EPA estimated at least 6% to 10% of water providers in the U.S. currently do not comply with the agency’s new PFAS regulations.