The City of Lindsay today announced a $9.5 million settlement with SQM North America Corporation, a subsidiary of large Chilean mining company Sociedad Química y Minera de Chile, in a lawsuit seeking the costs of removing the toxic chemical perchlorate from the City’s drinking water supply. After finding perchlorate in one of its drinking water supply wells, the City deactivated that well, and filed a lawsuit against SQM, claiming that the contamination resulted from applications of defective fertilizer SQM had imported in the first half of the 20th century. The City was represented by SL Environmental Law Group, an environmental law firm that has spent the past twenty years helping municipalities and utilities recover water contamination costs.
Perchlorate is a toxic chemical that can be particularly harmful to children as it disrupts hormones needed for healthy growth and development. It is banned from drinking water in the State of California except at very low levels. To treat the perchlorate in its well, Lindsay plans to install a specialized plant to remove the contaminant from its water, which is anticipated to cost several million dollars to design, build, and operate. The settlement will assist in defraying those costs.
“Protecting the health and safety of Lindsay’s residents is our top priority. This resolution is a significant step in safeguarding the health of our community and ensuring a safe, clean water supply for our residents now and into the future,” said Daymon Qualls, City Manager of Lindsay.
“SQM knew that its fertilizer would likely pollute groundwater, yet failed to take reasonable and available steps to reduce levels of perchlorate in its products,” said Ken Sansone, senior partner at SL Environmental Law Group. “Through this settlement, the City of Lindsay will ensure that the substantial costs of cleaning up its water resources won’t have to be borne by its citizens. We are proud to have had the opportunity to represent the City and satisfied with the outcome.”