On August 26 the Sanford City Commission voted to engage the law firm of deBeaubien, Simmons, Knight, Mantzaris, and Neal (which is also known as DSK Law) to pursue legal action against the parties responsible for 1,4 dioxane contamination of City well fields. While water being provided by the Sanford water system is safe, and meets all State and Federal quality guidelines, we are making sure Sanford can continue to provide safe water for our residents.
For over 10 years the City has worked with the Florida Department of Environmental Protection (FDEP) tracking the contamination with the goal of protecting our water supply and identifying those responsible for the contamination. At this time the City’s staff, consultants, and legal team believe there is enough information to move forward with legal action. There are several bases for liability being imposed on the responsible parties; these bases of liability include both statutory and common law causes of action.
One of the various statutory causes of action available to the City is based on the Florida Environmental Protection Act, and the City plans to share its legal complaint with the FDEP. The FDEP will then decide whether or not to take over or join with the City in at least portions of the litigation. If the FDEP does not pursue the case, the City will be authorized to take action on its own pursuant to that statutory claim.
This litigation is in addition to the continuing efforts to receive funding though the FDEP for a water treatment upgrade that will remove 1,4 dioxane. The City’s consultants are working with FDEP to finalize a facilities plan after which funding for design and construction can be made available. Any recovery from the litigation could be used to refund the State money, fund additional improvements, or fund ongoing operational costs.
The lead attorney will be former State Senator David Simmons. The time frame for this litigation could be years, but the City Commission is committed to using every option available to keep our drinking water safe and have the costs paid by the responsible parties, not the taxpayers or water system ratepayers.
Art Woodruff
Mayor, City of Sanford
