On May 17, it was announced by the Philly Water Settlement Administrator a class action lawsuit settlement has been reached with Altuglas LLC and Trinseo LLC in the lawsuit captioned McGraw, et al. v. Altuglas LLC, et al., No. 240100060 (Phila. CCP).

The settlement resolves claims alleging that class members suffered out-of-pocket losses as a result of the release of chemicals in the Delaware River in March 2023, and the public notice and drinking water advisories issued by the City of Philadelphia and other media reports in connection with that release.

The proposed settlement class includes "all persons that resided in, or entities that operated a physical business located in, the Impacted Area during March 24 to March 30, 2023."

The term "Impacted Area" means the following Zip Codes: 19102, 19103, 19106, 19107, 19109, 19111, 19112, 19114, 19115, 19116, 19119, 19120, 19121, 19122, 19123, 19124, 19125, 19126, 19128, 19129, 19130, 19132, 19133, 19134, 19135, 19136, 19137, 19138, 19140, 19141, 19144, 19145, 19146, 19147, 19148, 19149, 19152, 19154.

The lawsuit alleged that Defendants' manufacturing plant in Bristol, Pennsylvania caused a release of chemicals into a tributary of the Delaware River on March 24, 2023, upstream from the Baxter Drinking Water Treatment Plant that supplies drinking water to parts of Philadelphia.

The City of Philadelphia subsequently issued an alert, including via cell phone text messages, that recommended people in the Impacted Area use bottled drinking water until further notice, which media and news outlets also broadcasted.

The plaintiffs alleged that over the next several days, residents in the Impacted Area incurred out-of-pocket losses by purchasing bottled water and related transportation costs that they would not have otherwise incurred, and that certain businesses in the Impacted Area suffered business interruption losses.

Settlement Terms

Under the settlement, Defendants agreed to create a fund of $2.7 million from which to pay, subject to the Court's approval, payments to Eligible Settlement Class Members who submit a Claim Form, any attorneys' fees and expenses, a service award to the class representatives, and notice and administration costs.

Eligible class members who submit a Claim Form affirming they suffered economic loss as a result of the accidental release of chemicals in the Delaware River, or because of the public notice and drinking water advisories issued in connection with the release, are eligible to receive a Base Payment of $25, which may be adjusted, as described in the Settlement Agreement available at www.PhillyWaterSettlement.com.

Class members may also be eligible for additional damages if they provide documentation to the Settlement Administrator showing economic harm greater than $25.

How Do I Get Payment?

To receive a payment, you must submit a valid completed Claim Form. Claim Forms can be submitted online at www.PhillyWaterSettlement.com, and can also be mailed to the Philly Water Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA, 19103, or emailed to info@PhillyWaterSettlement.com. 

Claim Forms must be postmarked or submitted online by August 16, 2024.

Do I have any other options?

You may exclude yourself from the Settlement Class by sending a written request for exclusion to the Settlement Administrator emailed or postmarked no later than July 17, 2024.

If you exclude yourself, then you cannot receive a settlement payment, but you will not be bound by the Settlement. If you do not exclude yourself, then you may object to the Settlement, and you or your lawyer can appear before the Court.

Your written objection must be sent to the Settlement Administrator emailed or postmarked no later than July 17, 2024.

Specific instructions on how to exclude yourself from the Settlement or object are available at www.PhillyWaterSettlement.com.

Who Represents Me?  

The Court has appointed lawyers from Berger Montague PC, Levin Sedran & Berman LLP, and Kohn, Swift & Graf, P.C. to serve as Lead Class Counsel. They will petition to be paid legal fees and their reasonable expenses from the Settlement fund.

You may hire your own lawyer at your expense if you so choose.

When Will the Court Consider the Settlement?  

The Court will hold a final approval hearing on September 23, 2024 at 10:00 a.m. in Courtroom 636, City Hall, Broad and Market Streets, Philadelphia, Pennsylvania.

This notice is only a summary. For more information, including the full Notice of Settlement and Settlement Agreement, visit www.PhillyWaterSettlement.com, email info@PhillyWaterSettlement.com,  or call 888-605-0772.

(Photo: Morristown Minute.)

Resource Links:

-- Philadelphia Water: Bristol Township Chemical Spill [3.25.23]

-- DEP Provides Update On Delaware River Pollution Event [3.26.23]

-- City Of Philadelphia Provides Update To Response To Chemical Spill On Delaware River [3.27.23]

-- Wikipedia: 2023 Delaware River Chemical Spill

[Posted: May 18, 2024]

5/20/2024