Angeion Group today issues a reminder that a settlement has been reached with BASF Corporation (“BASF” or “Defendant”) in a class action lawsuit brought involving All Active Public Water Systems in the United States of America that have one or more Impacted Water Sources as of May 15, 2024.
All capitalized terms not otherwise defined herein shall have the meanings set forth in the Settlement Agreement, available for review at www.PFASWaterSettlement.com.
Active Public Water System means a Public Water System whose activity-status field in SDWIS states that the system is “Active.”
Impacted Water Source means a Water Source that has a Qualifying Test Result showing a Measurable Concentration of PFAS. A Measurable Concentration means the lower of a concentration equal to or greater than the limit of detection of the analytical method used (regardless of whether that limit is higher than, lower than, or equal to any limit established for any purpose by federal or state law) or one part per trillion (one nanogram per liter).
Public Water System means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year, consistent with the use of that term in the Safe Drinking Water Act, 42 U.S.C § 300f(4)(A) and 40 C.F.R. Part 141. The term “Public Water System” includes (i) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (ii) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Solely for purposes of this Settlement Agreement, the term “Public Water System” refers to a Community Water System of any size or a Non-Transient Non-Community Water System that serves more than 3,300 people, according toSDWIS, the owner and/or operator of such Public Water Systems, or any Person (but not any financing or lending institution) that has legal authority or responsibility (by statute, regulation, other law, or contract) to fund or incur financial obligations for the design, engineering, installation, operation, or maintenance of any facility or equipment that treats, filters, remediates, or manages water that has entered or may enter Drinking Water or any Public Water System. It is the intention of this Agreement that the definition of “Public Water System” be as broad, expansive, and inclusive as possible.
What does the Settlement provide? BASF has agreed to pay $316,500,000.00 (the “Settlement Amount”), subject to final approval of the Settlement by the Court and certain other conditions specified in the Settlement Agreement. In no event shall BASF be required under the Settlement Agreement to pay any amounts above the Settlement Funds. Any fees, costs, or expenses payable under the Settlement Agreement shall be paid out of, and shall not be in addition to, the Settlement Funds. Each Class Member that has not excluded itself from the Class will be eligible to receive a settlement check(s) from the Claims Administrator based on the Allocation Procedures developed by Class Counsel, which are subject to final approval by the Court as fair and reasonable and whose administration is under the oversight of the Special Master.
What Are My Options?YOU CAN PARTICIPATE IN THE SETTLEMENT. Eligible Claimants must file a Claims Form to be eligible to receive a payment under the Settlement. You can submit your Claims Form online on the settlement website at www.PFASWaterSettlement.com, or you can download, complete, and mail your Claims Form to the Claims Administrator at AFFF Public Water System Claims, P.O. Box 4466, Baton Rouge, Louisiana 70821. The deadline to submit a Phase One Action Fund Claims Form is sixty (60) calendar days after the Effective Date.
If you meet the Settlement Class definition and are an Eligible Claimant, regardless of whether you file a Claims Form or receive any distribution under the Settlement, unless you timely opt out as described below, you will be bound by the Settlement and any judgment or other final disposition related to the Settlement, including the Release set forth in the Settlement Agreement, and will be precluded from pursuing claims against BASF separately if those Claims are within the scope of the Release.
YOU CAN OPT OUT OF THE SETTLEMENT.Eligible Claimants who do not want to participate in the Settlement and receive a settlement check, you may exclude yourself, or “opt out” from the Class by completing and submitting a Request for Exclusion. The Request for Exclusion form will be available online and may be submitted electronically; if it is submitted via paper copy it must be served on the Opt Out Administrator no later than October 15, 2024. Requests for Exclusion may be withdrawn at any time before the Final Fairness Hearing scheduled for November 1, 2024.
YOU CAN OBJECT TO THE SETTLEMENT. Any Eligible Claimant that has not successfully excluded itself (“opted out”) may object to the Settlement. Any Eligible Claimant that wishes to object to the Settlement or to an award of fees or expenses to Class Counsel must file a written and signed statement designated “Objection” with the Clerk of the Court and provide service on BASF’s Counsel and Class Counsel no later than September 15, 2024. No Eligible Claimant who has submitted a Request for Exclusion may object, and any Objections submitted by any Eligible Claimant that later excludes itself shall be deemed withdrawn.
The Court’s Final Fairness Hearing.The Court will hold the Final Fairness Hearing in the U.S. Court House for the United States District Court for the District of South Carolina, located at 85 Broad Street, Charleston, South Carolina 29401, on November 1, 2024. At that time, the Court will determine, among other things, (i) whether the Settlement should be granted final approval as fair, reasonable, and adequate, (ii) whether the Released Claims should be dismissed with prejudice pursuant to the terms of the Settlement Agreement, (iii) whether the Settlement Class should be conclusively certified, (iv) whether Settlement Class Members should be bound by the Release set forth in the Settlement Agreement, and (v) the amount of attorneys’ fees and costs to be awarded to Class Counsel, if any. The Final Fairness Hearing may be postponed, adjourned, or continued by Order of the Court without further notice to the Class.
This notice is only a summary.For more information, including the full Notice and Settlement Agreement, visit www.PFASWaterSettlement.comor call 1-855-714-4341.
Media Contact:Angeion GroupShiri Lasman(215) 563-4116
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