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View the entire newsletter for more articles:  2025 – NJAC County Biz – June

by Ken Sansone, Sr. Partner & Kyla Tengdin, Education & Outreach, SL Environmental Law Group

County leaders often seek new funding sources to protect taxpayers from the financial burden of infrastructure upgrades, like managing emerging contaminants such as PFAS (per- and polyfluoroalkyl substances). PFAS are a group of chemicals that have been used in consumer and industrial products and firefighting foams for over 50 years. Because they don’t break down in the environment, they’ve earned the nickname “forever chemicals.” Manufacturers failed to warn consumers and the U.S. government of the risks associated with PFAS exposure, which include certain cancers, thyroid disorders, ulcerative colitis, infertility, and more.

Counties that manage airports, firefighting training facilities, landfills, and wastewater treatment plants can be impacted by PFAS without even knowing it. As a funding strategy to help mitigate any damage and potentially fund related projects, many counties are pursuing litigation against the manufacturers responsible for PFAS contamination. Read on to explore the various areas in which counties may encounter PFAS and the potential for cost recovery.

2. County-owned airports

Airports were required to use aqueous film-forming foam (AFFF), which contains PFAS, for emergency fire response and training exercises for decades without being warned of the risks. This led to unintended contamination of nearby soil and water. Expenses may include transitioning away from AFFF, testing and remediation, public communication and potential third-party lawsuits over legacy contamination.

2. Fire training facilities

Like airports, many county fire training facilities have a history of AFFF use. Since manufacturers didn’t warn of PFAS risks, training exercises were often conducted in open areas or unlined pits. PFAS leached from the soil over time, contaminating groundwater. Similarly to airports, these sites could already face costs, from replacing firefighting foam, to cleaning or disposing of contaminated equipment, to soil and groundwater remediation.

3. Wastewater plants

PFAS enters wastewater from residential, industrial, and stormwater sources. Because traditional wastewater treatment cannot destroy PFAS, contaminants may remain in the treatment residuals, called biosolids. Biosolids have historically been sold or reused as fertilizer, but several states now limit or even ban this practice due to PFAS concerns. Counties may see financial loss from the inability to sell the biosolids, as well as increased disposal costs.

4. Landfills

County-owned landfills often receive waste containing PFAS, given the widespread presence of the chemicals in consumer products and biosolids, leading to contaminated leachate. To protect nearby soil and water, some landfills send leachate to wastewater plants for treatment. Counties that own both the landfill and the wastewater plant will need to determine where the cleanup will be most cost-effective.

Counties don’t have to bear the financial burden of PFAS alone. Hundreds of local governments have pursued litigation against PFAS manufacturers, recently securing landmark settlements for drinking water utilities, totaling over $14 billion. These settlements, while specific to drinking water providers, show that companies can be held accountable for the contamination they have caused. By considering litigation as a strategy for PFAS impacts, counties can help ensure that polluters, not taxpayers, pay for cleanup costs.

Learn more in our free eBook, The PFAS Playbook: Communication, Treatment, and Cost Mitigation