Federal government denies responsibility for spread of PFAS chemicals in Torbay water

The federal government says it isn't liable for an unsafe amount of per- and polyfluoroalkyl substances (PFAS) in water wells in southeastern Torbay, according to a statement of defence filed last month.

It is in response to an uncertified class action lawsuit against the federal government, which alleges the use of firefighting foam at the St. John's International Airport from the early 1980s through 2004 contained toxic chemicals that continue to spread and contaminate drinking water in the area.

Torbay residents Eddie and Susan Sheerr are the lead plaintiffs.

In the statement of defence, filed in the Supreme Court of Newfoundland and Labrador, the federal government said it isn't liable to the plaintiffs, denying that the use of firefighting foam at a training area caused PFAS to spread into local wells.

It also said it hasn't impacted residents' ability to use and enjoy their land.

The statement also said Transport Canada — who is responsible for managing the federally indexed contamination site — exercised due diligence in addressing potential contamination.

Alex Templeton, the McInnis Cooper lawyer representing the plaintiffs, said wasn't surprised by the government's stance.

"The statement of defence is a blanket denial of the Sheerrs and the proposed class members' claims. But quite frankly, you know, those are all claims that need to be determined by the court," Templeton told CBC News.

"We say that those words are being spoken for one purpose, which is the pleadings."

Ottawa also filed a third party notice as part of the defence in November. It asserts that, if Transport Canada is liable in the case, other groups bear responsibility alongside the government.

Those groups are the 3M Company and Mueller Water Products — who supplied the firefighting foam — and the St. John's International Airport Authority.

Templeton said that while the federal government is denying liability, actions being taken by Transport Canada tell a different story.

Transport Canada is continuing water well testing in the area. Bottled Water is also being given to residents in place of drinking from the tap.

Templeton said completed tests provided to him by residents show PFAS continues to spread.

"There are, you know, significant detections and multiple additional exceedances of that 30 nanogram per litre level, well afield of this firefighter training site. You know, three, three-and-a-half kilometres away from the site," he said.

"Actions, in a lot of ways, speak louder than words here."

The next steps involve court management meetings scheduled for mid-January, Templeton said.

While the class action suit remains uncertified, Templeton said it currently involves around 700 households — translating to between 2,000 and 2,500 people.

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