Dec. 4—ROCHESTER — Rochester's participation in multi-district litigation connected to water contamination by so-called "forever chemicals" is unfolding.

The city's Public Utilities Board recently authorized Rochester Public Utilities to hire a law firm to represent it

related to potential settlements

in an ongoing class-action lawsuit, and the Rochester City Council plans to hold a closed-door session Monday afternoon to discuss similar action by the city.

"We are not opting out at this time," Utility Board President Melissa Graner Johnson said of the utility board decision.

The League of Minnesota Cities

reported earlier this year

that litigation "currently includes hundreds of local governments suing to recover costs due to contamination of public water supplies."

City Attorney Michael Spindler-Krage said the council is being asked whether it wants to remain a potential part in lawsuits and potential settlements with 3M Co. and Dupont. Both companies are moving toward planned settlements with cities, towns and other public water systems.

The two companies are among those facing legal action after making and selling products that contain per- and polyfluorinated alkyl substances, or PFAS, which are known as "forever chemicals," because they are nearly indestructible. Products using the chemicals include nonstick cookware, grease-resistant food packaging and waterproof clothing.

"There is city staff consensus so far that it makes sense to stay in the class, pursue any remedies available, expense reimbursement, and otherwise continue to engage in the next phases of PFAS litigation or recovery as appropriate," Spindler-Krage said.

An official council decision is expected to be sought during its Dec. 11 meeting, which is the deadline for opting out of a potential 3M settlement.

Rochester Public Utilities has only detected PFAS in one of its 32 wells

at less than half the federal recommended acceptable level, but the City Council recently approved an agreement with the Minnesota Pollution Control Agency to participate in statewide monitoring for the chemicals.

"Once PFAS enters our water cycle, it is very difficult and expensive to remove," Rochester's Deputy Public Works Director Aaron Luckstein stated in a Nov. 2 report to the council. "Wastewater treatment facilities receive an unknown amount of PFAS from dischargers to the sanitary sewer; however, the Water Reclamation Plant is not designed to treat PFAS compounds."

Todd Osweiler, environmental and regulatory affairs coordinator at RPU, has pointed out that the city's reliance on groundwater sources for its tap water reduces the risk of PFAS exposure. Surface water sources, such as lakes and rivers, are more susceptible to contamination.