MANSFIELD — Mansfield City Council is scheduled to vote Tuesday on a class action settlement against two of the companies whose products allegedly contaminated the soil near Mansfield Lahm Regional Airport.
The settlement is part of a proposed agreement in the U.S. District Court of South Carolina between active public water systems and the two companies — Tyco Fire Products LP and BASF Corporation.
The legislation scheduled for a vote doesn’t include a dollar amount the city would receive from its portion of the class-action settlement.
In November, local lawmakers voted to “opt in” to pending financial settlements with other communities who filed lawsuits against 3M, DuPont and others.
Council voted in 2023 to have the city represented by outside legal counsel in the lawsuit, including the Louisiana law firm of Cossich, Sumich, Parsiola & Taylor.
The lawsuit is being handled on a contingency basis, which means the outside law firms don’t get paid unless the city wins its lawsuit or achieves a settlement.
In agreeing to be represented by the outside attorneys, the city agreed to sign onto a federal class-action lawsuit against companies whose products allegedly contaminated the soil and water at the airport with toxic “forever chemicals.”
The complaint alleges products manufactured by the companies contained PFAS, including perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonate (“PFOS”).
These “forever chemicals” were discovered in the groundwater, surface water and soil at the former Ohio Air National Guard’s 179th Airlift Wing, based at the Mansfield airport.
The 179th had a flying mission for seven decades, a task that ended in 2022. The unit has transitioned into the Air National Guard’s first Cyberspace Wing.
When the city filed suit locally in January 2023, it alleged 30 defendant companies “designed, manufactured, marketed, distributed and/or sold” products containing these chemicals dating back to the 1960s through today.
The complaint alleges these chemicals are found in products such as Teflon, Scotchguard, waterproofing compounds, stainproofing compounds, paper and cloth coatings, waxes and aqueous film-forming foam (AFFF).
(Below is a PDF file with legislation scheduled for consideration by Mansfield City Council on Tuesday evening.)
As part of the vote on Tuesday, council would authorize the outside counsel to continue its litigation efforts against other companies.
Also on Tuesday, council is scheduled to:
— vote to appoint Ruth Barretta to represent the 5th Ward on the police review and community-police relations commission.
— vote to accept a $7,500 donation from the Richland Veteran Mentor Program Inc. to promote and benefit the Mansfield Municipal Court Veterans Docket.
— vote to accept donations from Donald Nunley ($35), Herscine Adkison ($35) and Deborah Mount ($385) to purchase neighborhood watch signs installed by the city street department.
— discuss legislation “expressing approval and support” for the city’s permitting and development department for completion of the Consolidated Annual Performance Evaluation Report for program year July 1, 2023, through June 30, 2024. A public hearing on the report is scheduled Tuesday at 6:45 p.m.
— discuss a plan to authorize advertising for bids for the disposal and land application of wastewater sludge. Funds for the contract would some from the sewer fund.
— vote to accept a $31,465 safety intervention grant from the Ohio Bureau of Workers Compensation to be used in purchasing extrication equipment. The city will pay $10,488.50 as part of a grant match.
