Trickle-down toxin: SLO County sues PFAS chemical manufacturers to recoup costs of environmental damage, including water contamination near the regional airport 

San Luis Obispo County recently joined the steady stream of disgruntled groups across the nation attempting to hold major chemical companies responsible for allegedly contaminating their surroundings with toxic chemicals.

Through a national, multi-district lawsuit filed in South Carolina federal court on Jan. 18, SLO County pointed its finger at a slew of big companies like 3M Company, Buckeye Fire Equipment Company, and Chemguard Inc. among others, accusing them of manufacturing and selling aqueous film-forming foam packed with a cocktail of acids.

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• Cover Image From Adobe Stock
• STILL CONTAMINATING Despite the county joining a lawsuit against PFAS manufacturing companies, SLO County firefighting efforts will continue to rely on a foam containing the pollutant due to a lack of other options.

Specifically, the foam consists of "forever chemicals," per- and polyfluoroalkyl substances (PFAS), perfluorooctanoic acid (PFOA), and perfluorooctanesulfonic acid (PFOS) that are notorious for persisting in the environment.

"Upon information and belief, by the end of the 1980s, certain manufacturing defendants, including, but not limited to, 3M and DuPont, were aware that PFAS materials, including PFOA and PFOS, had been detected in the blood of the general population of the United States, including people not known to be working at or living near facilities that manufacture PFAS, suggesting that exposure resulted from use of products," the lawsuit read.

Widespread prevalence of PFAS in drinking water, at waste sites, in grease-resistant food packaging, in fire extinguishing foam, and in nonstick products led to its being almost omnipresent. According to the U.S. Environmental Protection Agency (EPA), studies show that certain levels of PFAS exposure led to increased risk of prostate, kidney, and testicular cancers; increased cholesterol levels; reduced immunity; and decreased fertility and higher blood pressure in pregnant women.

SLO County's lawsuit alleges that many of the local companies it sued were aware of the dangers of PFAS as early as the end of the 1980s. Their production and distribution of PFAS-heavy products contributed to contamination at the SLO County Regional Airport, the closed landfill in Los Osos, the Los Osos Water Recycling Facility, and the Shandon Water System, the lawsuit stated.

County spokesperson Jeanette Trompeter told New Times on Jan. 29 that SLO County already spent more than $2 million to test, investigate, and mitigate PFAS levels at the airport and in the neighboring residential areas. Ongoing response efforts are expected to cost millions more.

"The county is seeking support from the federal government and state to help address the impacts of PFAS resulting from the federally mandated use of AFFF [foam] containing PFAS, and of course, this lawsuit is to recoup some of the costs already incurred and any future costs from the manufacturers," she said.

PFAS levels around the airport have been scrutinized for years. That area displayed one of the highest concentrations of PFAS in California after the State Water Resources Control Board ordered 30 airports across the state to investigate for the chemical in groundwater and soil in 2019. Prior New Times reporting found that state regulators claim the airport to be a heavily contaminated site because of firefighter trainings held there annually since the mid-1970s. During those sessions, PFAS-loaded foam was discharged into the environment.

Stemming from the 2019 order, the county's investigation found that most firefighter trainings involving the foam occurred where the Cal Fire station currently sits.

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• File Photo By Kaori Funahashi
• HOTBED SLO County claims in a federal lawsuit that the continued production and distribution of products containing PFAS by manufacturing companies contributed to the contamination at its regional airport.

A SLO County-contracted consulting company even sampled 57 private wells near the airport to find that 52 of them contained PFAS-polluted water the EPA didn't consider safe to drink.

Last June, the county and Cal Fire signed a Voluntary Cleanup and Abatement Agreement at the behest of the Central Coast Regional Water Quality Control Board, which was implemented in July 2023. Their decision to study and mitigate PFAS pollution at the airport and its surrounding areas came hot on the heels of public dissatisfaction at the water board's listening session. Many people living near the airport complained about the well-testing process and a lack of communication from the county.

Trompeter told New Times that the neighboring residents will not be able to join SLO County in its lawsuit.

"The county's lawsuit can only seek recovery of damages or costs it has incurred," she said via email.

Bound by the cleanup agreement, the county and Cal Fire are looking into fire suppression options at the airport that don't rely on the aqueous foam. But finding alternatives is difficult because the Federal Aviation Administration (FAA) hasn't approved any other methods except for one with limited supply—fluorine free foam, or F3.

"Airports are waiting on federal guidance regarding decommissioning and replacement of firefighting equipment and updates to approved firefighting training methods," Trompeter said. "The airport is working on a plan for transition to F3 in compliance with FAA guidance."

The regional water quality control board also requires the county to test wells for PFAS around landfills, wastewater treatment plants, and other types of industrial areas. Trompeter told New Times that the county will continue to partner with other agencies to determine where more testing is needed while the federal government works to set maximum thresholds for PFAS and related chemicals.

Buckley Road property owner Mike Oliveira told New Times on Jan. 26 that conversations about the county's lawsuit are slowly trickling through the community. Oliveira is one of nine volunteers who belong to a community advisory group set up as part of the voluntary agreement. The group meets once a month at the water board's offices with the airport parties and water board staff to discuss PFAS remediation efforts.

Oliveira believes the county has shown a good level of progress in terms of complying with the voluntary agreement. That compliance hinged on the publication of three detailed reports about groundwater monitoring, the site conceptual model that describes the problem itself, and a remedial investigation work plan that will be implemented over the next three years. The property owner added that while the water board said that those three plans need more work, they outline a great amount of effort from the county.

"I would say maybe the skepticism some of us might have had was, 'Would the county follow through with the voluntary agreement when that was entered into on July 21?'" Oliveira said. "I would say, so far, from my own perspective, they've completed many of the steps and many of the requirements that they were asked to do." Δ

Reach Staff Writer Bulbul Rajagopal at [email protected].