The deal ends an ongoing dispute between the two sides, although 3M remains responsible for any damages to human health that may arise from the contamination in the future, the Flemish environment minister Zuhal Demir said.

PFASs – or per- and polyfluoroalkyl substances – are commonly referred to as “forever chemicals”because they are extremely persistent in the environment. According to the European Chemicals Agency (ECHA), certain PFASs are toxic for reproduction, several may be carcinogenic and some are suspected of interfering with the human endocrine system.  

The total sum agreed by 3M includes previous commitments of €120 million and new commitments amounting to €451 million that include support for local farmers, implementing PFAS-related environmental technology, remedial actions and establishing a fund that the Flemish Government can use against the PFAS problem around the 3M site in Zwijndrecht. 3M Belgium is also taking additional measures to inform the public about its activities for a minimum of 10 years via publicly accessible websites and residents' meetings in Zwijndrecht.

John Banovetz, 3M’s executive vice president and chief technology officer and environmental responsibility, commented: “We have already taken significant actions to reduce PFAS discharges and emissions. These actions have enabled us to restart operations at the site. Through this agreement, we will address priorities identified by the government to provide for the citizens of Zwijndrecht, build the foundation for future certainty in 3M Belgium’s operations, and address future potential liabilities.”

But, Geert Lenssens, a partner at Brussels-based SQ Law, told Bloomberg that the agreement will not stop civil claims against 3M from going ahead. Lenssens, who is representing a local family with high PFAS levels in their blood, said the case “could usher in hundreds of additional lawsuits for compensation.”

“We are worried that civilians were not involved in the negotiations. There are all kinds of personal, material and health damages now and in the future that are clearly not included,” he said, adding that the agreement “is not the end of it. It’s a start.”

In the US, 3M paid $99 million last October to resolve PFAS lawsuits related to its facility in Decatur, Alabama. It also agreed a settlement worth $850 million in February 2018 with the state of Minnesota to address PFAS contamination of drinking water and natural resources in Minneapolis and St. Paul.

3M said it stopped producing two types of PFAS – perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) — in 2002. The company announced in September 2019 a series of initiatives and actions on remediation measures and further scientific research on PFASs.

Author: Elaine Burridge, Freelance Journalist