PHILADELPHIA, July 17,
2024 /PRNewswire/ -- Angeion Group today
announces a settlement has been reached with BASF Corporation
("BASF" or "Defendant") in a class action lawsuit brought involving
All Active Public Water Systems in the
United States of America that have one or more Impacted
Water Sources as of May 15, 2024.
All capitalized terms not otherwise defined herein shall have
the meanings set forth in the Settlement Agreement, available for
review at www.PFASWaterSettlement.com.
Active Public Water System means a Public Water System whose
activity-status field in SDWIS states that the system is
"Active."
Impacted Water Source means a Water Source that has a Qualifying
Test Result showing a Measurable Concentration of PFAS.
Public Water System means a system for the provision to the
public of water for human consumption through pipes or other
constructed conveyances, if such system has at least fifteen (15)
service connections or regularly serves an average of at least
twenty-five (25) individuals daily at least sixty (60) days out of
the year, consistent with the use of that term in the Safe Drinking
Water Act, 42 U.S.C § 300f(4)(A) and 40 C.F.R. Part 141. The term
"Public Water System" includes (i) any collection, treatment,
storage, and distribution facilities under control of the operator
of such system and used primarily in connection with such system,
and (ii) any collection or pretreatment storage facilities not
under such control which are used primarily in connection with such
system. Solely for purposes of this Settlement Agreement, the
term "Public Water System" refers to a Community Water System of
any size or a Non-Transient Non-Community Water System that serves
more than 3,300 people, according to SDWIS, the owner and/or
operator of such Public Water Systems, or any Person (but not any
financing or lending institution) that has legal authority or
responsibility (by statute, regulation, other law, or contract) to
fund or incur financial obligations for the design, engineering,
installation, operation, or maintenance of any facility or
equipment that treats, filters, remediates, or manages water that
has entered or may enter Drinking Water or any Public Water System.
It is the intention of this Agreement that the definition of
"Public Water System" be as broad, expansive, and inclusive as
possible.
What does the Settlement provide?
BASF has agreed to pay $312,500,000.00 (the "Settlement Amount"),
subject to final approval of the Settlement by the Court and
certain other conditions specified in the Settlement Agreement.
BASF shall additionally pay $4,000,000 (the "Initial Payment") to cover costs
incurred by the Notice Administrator in the course of executing the
Notice Plan. Together, these payments from BASF constitute the
"Settlement Funds." In no event shall BASF be required under the
Settlement Agreement to pay any amounts above the Settlement Funds.
Any fees, costs, or expenses payable under the Settlement Agreement
shall be paid out of, and shall not be in addition to, the
Settlement Funds. Each Class Member that has not excluded itself
from the Class will be eligible to receive a settlement check(s)
from the Claims Administrator based on the Allocation Procedures
developed by Class Counsel, which are subject to final approval by
the Court as fair and reasonable and whose administration is under
the oversight of the Special Master.
What Are My Options?
YOU CAN PARTICIPATE IN THE
SETTLEMENT. Eligible Claimants must file a Claims Form to be
eligible to receive a payment under the Settlement. You can submit
your Claims Form online at www.PFASWaterSettlement.com, or you can
download, complete, and mail your Claims Form to the Claims
Administrator at AFFF Public Water System Claims, P.O. Box 4466,
Baton Rouge, Louisiana 70821. The
deadline to submit a Phase One Action Fund Claims Form is sixty
(60) calendar days after the Effective Date.
If you meet the Settlement Class definition and are an Eligible
Claimant, regardless of whether you file a Claims Form or receive
any distribution under the Settlement, unless you timely opt out as
described below, you will be bound by the Settlement and any
judgment or other final disposition related to the Settlement,
including the Release set forth in the Settlement Agreement, and
will be precluded from pursuing claims against BASF separately if
those Claims are within the scope of the Release.
YOU CAN OPT OUT OF THE SETTLEMENT. Eligible
Claimants who do not want to participate in the Settlement and
receive a settlement check, you may exclude yourself, or "opt out"
from the Class by completing and submitting a Request for
Exclusion. The Request for Exclusion form will be available online
and may be submitted electronically; if it is submitted via paper
copy it must be served on the Opt Out Administrator no later than
October 15, 2024. Requests for
Exclusion may be withdrawn at any time before the Final Fairness
Hearing scheduled for November 1,
2024.
YOU CAN OBJECT TO THE SETTLEMENT. Any Eligible Claimant
that has not successfully excluded itself ("opted out") may object
to the Settlement. Any Eligible Claimant that wishes to object to
the Settlement or to an award of fees or expenses to Class Counsel
must file a written and signed statement designated "Objection"
with the Clerk of the Court and provide service on BASF's Counsel
and Class Counsel no later than September
15, 2024. No Eligible Claimant who has submitted a Request
for Exclusion may object, and any Objections submitted by any
Eligible Claimant that later excludes itself shall be deemed
withdrawn.
The Court's Final Fairness Hearing. The Court will
hold the Final Fairness Hearing in the U.S. Court House for
the United States District Court
for the District of South
Carolina, located at 85 Broad Street, Charleston, South Carolina 29401, on
November 1, 2024. At that time, the
Court will determine, among other things, (i) whether the
Settlement should be granted final approval as fair, reasonable,
and adequate, (ii) whether the Released Claims should be dismissed
with prejudice pursuant to the terms of the Settlement Agreement,
(iii) whether the Settlement Class should be conclusively
certified, (iv) whether Settlement Class Members should be bound by
the Release set forth in the Settlement Agreement, and (v) the
amount of attorneys' fees and costs to be awarded to Class Counsel,
if any. The Final Fairness Hearing may be postponed, adjourned, or
continued by Order of the Court without further notice to the
Class.
This notice is only a summary.
For
more information, including the full Notice and Settlement
Agreement, visit www.PFASWaterSettlement.com or call
1-855-714-4341.
Media Contact:
Angeion
Group
Shiri
Lasman
(215) 563-4116
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SOURCE Angeion Group