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July 14, 2026 <br /> <br />Background: <br /> <br /> Several public water supply systems filed suit against the 3M Company, DuPont, <br />Tyco Fire Products LP, BASF Corporation, and other entities for historical contamination <br />by PFAS (per- and polyfluoroalkyl substances). The City of Portsmouth joined the <br />litigation and the class action settlement. <br /> <br /> As a result of the settlement, the City will receive contributions from the settling <br />defendants over a period of several years for the testing and treatment of the City’s water <br />supply. <br /> <br />Discussion: <br /> <br /> The first settlement contribution of $150,714.13 was received from the 3M <br />Company in August 2025 and was appropriated by Ordinance 2025-72 adopted on <br /> <br />September 9, 2025. <br /> <br /> The second settlement contribution of $288,215.13 was received from the 3M <br />Company in November 2025 and was appropriated by Ordinance 2025-103 adopted on <br /> <br />November 25, 2025. <br /> <br /> The third settlement contribution of $85,832.12 was received from DuPont in <br />December 2025 and was appropriated by Ordinance 2026-01 adopted on January 13, <br /> <br />2026. <br /> <br /> The fourth settlement contribution of $84,282.48 was received from Tyco Fire <br />Products LP in May 2026 and was appropriated by Ordinance 2026-50 adopted on May <br /> <br />26, 2026. <br /> <br /> The fifth settlement contribution of $35,217.82 was received from BASF <br /> <br />Corporation in June 2026 and must be appropriated by City Council. <br /> <br /> The settlement funds will be used to help ensure the continued quality of the City’s <br /> <br />water supply. <br /> <br />Financial impact: <br /> <br /> No local match is required as a condition of the funding. <br /> <br />Recommended Action: <br /> <br /> Adoption of the ordinance. Strategic Pillar # 2: Financial & Operational Excellence. <br /> <br />Next Steps Following Council Action: <br /> <br /> <br /> The Finance Department will make the necessary budget adjustments. <br /> <br /> Public Utilities will utilize the funds for the uses authorized under the settlement <br /> <br />agreement. <br /> <br />“ORDINANCE ACCEPTING SETTLEMENT FUNDS IN THE AMOUNT OF $35,217.82 <br />FROM THE PFAS SETTLEMENT WITH BASF CORPORATION AND <br />APPROPRIATING SAID AMOUNT IN THE FY 2027 PUBLIC UTILITIES FUND FOR <br />USE BY THE DEPARTMENT OF PUBLIC UTILITIES FOR WATER SUPPLY TESTING <br />AND TREATMENT AND OTHER AUTHORIZED USES UNDER THE TERMS OF THE <br />SETTLEMENT.” <br /> <br />Motion by Mr. Hugel, and seconded by Mr. Moody, to adopt the Consent Agenda, <br />and was adopted by the following vote: <br /> <br />Ayes: Bryant, Dodson, Hugel, Moody, Thomas, Tillage, Glover <br />Nays: None <br /> <br />- New Business - <br /> <br />26 - 168 - Boards and Commissions <br /> <br />There were no appointments. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />