Is Delaware Well Water Safe To Drink?
Many residents in Delaware do not think twice about whether or not their well water is safe to drink, but over the last few years in Delaware, concern has been growing about the well water used in and around the state. Over time, drinking contaminated water will cause health problems ranging from as minor as temporary skin rashes to various types of cancer. The severity of the illness depends on many factors, including what chemical and at what concentration it is found in the water. Many homeowners are worried and are not sure what to do about it. Should they rely on what the government is telling them? Should they do independent tests on their well water, and if so, what independent companies should they use and who should pay for those tests?
Recent Testing of Untreated Well Water
Recent testing of untreated well water throughout the state of Delaware has demonstrated surprising results that have made homeowners concerned. In 2018, the U.S. Geological Survey performed testing on wells throughout the state. Of the 30 wells tested, 16 of them contained PFAS chemicals. PFAS stands for a class of chemical compounds called perfluoroalkyl substances, which are made up of the PFO (perfluorooctane sulfonate) chemical and the PFOA (perfluorooctanoic acid) chemical. They are often commonly called “forever chemicals” because they do not naturally break down in the environment and are present for all time. The data from the study is quite disturbing, especially when it is extrapolated out to the entire state. Currently, about 20% of the Delaware population gets its drinking water from a privately drilled and maintained well on private property.
Recent Legislation Will Help Spread Knowledge of the Issue
In October 2021, a new law was enacted to address the issue, at least partially. The new law has set forth the process to create a maximum number of contaminations of PFAS that can be allowed. The law also required the Department of Natural Resources and Environmental Control (DNREC) to issue the findings of the above-mentioned study. This is a good first step, but it should have happened years ago. The EPA has known for decades about the dangers of these toxic chemicals.
Water Contamination and Toxic Torts
When homeowners who get their drinking water from a well learn that their well has been contaminated with chemicals they may not know where to turn next. The fact that they have been drinking contaminated water for potentially years, it can be pretty scary. But these homeowners do not have to do it alone. There are Delaware law firms that practice an area of law called “Toxic Torts.” This type of case is when someone becomes sick due to some type of contamination by a corporation. The contamination can be to drinking water or soil. If you are experiencing unexplained illness such as cancer and your water has been contaminated, you need to contact an experienced toxic tort lawyer to have your questions answered.
The Wilmington Environmental Lawyers at Jacobs & Crumplar, P.A. Help Those Affected by Contaminated Well Water
If you believe your well drinking water has been contaminated and have suffered health effects due to chemical exposure, let the Wilmington environmental lawyers at Jacobs & Crumplar, P.C. help you. Call us at 302-656-5445 or contact us online to schedule a free consultation. Our Wilmington and Georgetown, Delaware offices serve clients throughout Dover, New Castle County, and Sussex County.
Why Is Water Quality so Important to Your Health?
It is no surprise that companies that sell filtered water systems or bottled water are so successful. Americans are scrutinizing what they put into their bodies more than ever, and water is no exception. Experts recommend that people drink eight or more glasses of water a day, so water quality is an important concern.
There is a good reason for you to demand high-quality water: it significantly impacts your health. Your body is made up of 60 percent water, so consuming the highest quality possible is one of the best ways to protect your health.
What Are Primary Health Concerns With Contaminated Water?
There are many ways toxins can get into natural water systems and harm your health, potentially lead to neurological problems, gastrointestinal illnesses, or reproductive issues. The following are some common culprits that cause water contamination.
Lack of Oversight
Freshwater sources across the country are being contaminated daily due to a lack of oversight and companies intentionally dumping toxic waste. More government and even citizen action is needed to stop this contamination.
Pesticides
The same chemicals that keep lawns and garden beautiful are causing water systems to become polluted. When pesticides are used, they run off from plants and lawns to pollute the soil and contaminate groundwater.
Nutrients
Some nutrients are not suitable for your health, such as those used to maintain agriculture, including pesticides and fertilizer. These toxins are why many people will consume only organic products, especially produce.
Sewage and Septic Systems
Drinking water can become contaminated from raw sewage overflow, septic tanks, leaking sewer lines, land application of sludge, and partially treated wastewater.
Arsenic
Arsenic is naturally present in groundwater and can leak into well water systems. Digestive problems are often the first symptom of moderate arsenic consumption, so seek medical attention quickly. Consumption of large amounts can lead to death.
Lead
Lead poisoning can result from dangerous drinking water and usually affects children first. Common symptoms include headaches, nausea, memory problems, confusion, anemia, kidney issues, and even death.
Bacteria
Water naturally includes many bacteria that can be very dangerous or deadly to humans. Even closely monitored water supplies can show bacteria. Some bacteria are not toxic to humans, while others could cause death. Bacteria can cause dysentery and other problems.
Fluoride
Fluoride is added to many city water supplies because it is good for teeth and bones. Too much fluoride consumption, however, can be damaging or deadly, so water supplies need to be monitored. Too much fluoride can lead to bone damage, inflamed joints, kidney damage, and even neurological issues in children.
How Can I Ensure My Drinking Water Is Safe?
Fortunately, there are some ways you can avoid consuming contaminated water:
- Be observant: If your water looks, smells, or tastes different from usual, there could be issues in the supply system. Stop drinking it and switch to bottled water until you can report and fix the problem.
- Have bottled water on hand: Various factors can cause bacteria or other toxins to enter the drinking water supply, such as construction, leaks, water treatment malfunctions, and more. Do not take chances. Always have clean bottled water on hand to drink and clean with, especially if babies and children are in the home.
- Research: Most states have accessible information about the cleanliness and purity of their public drinking water. Contact your local water utility/government agency to access this information.
- Test: Many people receive water through wells or lines that are not connected to a city water supply. They should test these water sources annually for contamination.
- Seek medical help: If you feel that contaminated water has sickened you or a family member, seek medical help immediately. There are remedies for bacteria and other contaminants.
- Report problems: If you get sick or suspect there is a problem with your drinking water, report the problem to the appropriate authorities. They can issue boil alerts and other warnings if something has contaminated water supplies.
- Obey boil alerts: Water suppliers monitor water quality. Always follow their instruction to boil or not use water until further notice.
Delaware Water Contamination Lawyers at Jacobs & Crumplar, P.A. Know Environmental Law and Will Fight for Your Rights
If your drinking water is making you and your family sick, contact our Delaware water contamination lawyers at Jacobs & Crumplar, P.A. You may deserve compensation under the law, and we will fight for your rights. To schedule a free consultation, call us at 302-656-5445 or contact us online. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
What Industries Are Usually Responsible for Water Contamination?
Having clean water is critical and should be easily accessible. Yet, about 80 percent of the world’s wastewater is dumped, with much of it untreated, back into the environment, polluting rivers, lakes, and oceans. In fact, less than one percent of the world’s freshwater is actually available. By 2050, the worldwide demand for freshwater is estimated to be one-third greater than it is now.
Every state has been reported to have potentially dangerous contaminants, such as arsenic and lead, which have been found in tap water. To understand how to protect water resources, it is important to know how water contamination happens.
When toxic substances pollute a stream, river, lake, ocean, aquifer, or any form of water, it damages its quality. Water is a universal solvent, meaning that it can dissolve more substances than other fluids. Water is susceptible to pollution, and toxic substances from farms, cities, and factories can easily contaminate water supplies.
Many industries and companies have been known to pollute bodies of water, including:
- Auto manufacturers.
- Lead and zinc mining.
- Power plants.
- Waste disposal companies.
- Mining and smelting operations.
- Industrial contamination.
- Chemical companies.
Manufacturing, mining, and waste disposal companies provide many communities in the country with jobs, along with products and services to consumers. However, these industries are among the nation’s worst water polluters.
What Are Common Water Contaminants?
Water does not need to look, smell, or taste unusual in order for it to be contaminated. In fact, contaminants cannot always be easily identified by people. It may take years before a person is aware that a problem exists with their water supply. Most people only become aware of water contamination when illnesses arise. Chemicals from pesticides and fertilizers in water may cause cancer and reproductive problems and can damage the eyes, liver, or kidneys.
Some common water contaminants include:
- Ammonia.
- Arsenic.
- Barium.
- Chloramine.
- Fluoride.
- Lead.
- Nitrates/nitrites.
- Mercury.
- Radium.
- Uranium.
Health Effects of Water Contaminants
The Environmental Protection Agency (EPA) has set standards for over 80 contaminants that may get into drinking water and present a health risk. The contaminants fall into two groups according to the health effects that they cause.
One category is acute effects, which take place within hours or days of the time that a person consumes a contaminant. People can suffer acute health effects from almost any contaminant if they are exposed to high levels, such as a toxic spill. In drinking water, bacteria and viruses are the contaminants with the greatest possibility of reaching high levels. Fortunately, most people have a strong enough immune system to ward off these contaminants.
Chronic effects happen when people consume a contaminant at levels over EPA’s safety standards over a long period of time. The drinking water contaminants that can have chronic effects include chemicals, such as disinfection byproducts, solvents, and pesticides. These chronic effects can cause cancer, liver or kidney problems, or reproductive issues.
Delaware Water Contamination Lawyers at Jacobs & Crumplar, P.A. Advocate on Behalf of Those Affected by Water Contamination
If you have an illness that you suspect is caused by water contamination, our Delaware water contamination lawyers at Jacobs & Crumplar, P.A. can help you explore your legal options. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County. Contact us online or call us at 302-656-5445 to schedule a free consultation.
How Is Causation Proven in Environmental Litigation?
According to the U.S. Centers for Disease Control and Prevention (CDC), an environmental hazard is a substance that could cause an adverse health event, such as air contaminants, toxic waste, pesticides, radiation, chemicals in consumer products, and even heavy metals. Some environmental hazards can even cause severe illnesses, such as cancer.
If you have a health condition that was caused by an environmental hazard, the negligent party that caused your illness could be held liable for damages. However, you have to present strong evidence to have a solid toxic tort case, such as medical findings.
Proving negligence can be difficult in a toxic tort case. A lot depends on the source of the problem and what entity caused the hazard. For example, if the problem comes from an old waste site whose owner went out of business several years ago, it could be extremely challenging to hold a party liable for damages.
In a toxic tort case, you need to make a direct connection between the environmental hazard and your illnesses and resulting damages. An experienced lawyer can help you establish causation.
What Do I Have to Prove?
You need to prove a correlation between the injury or illness and the environmental hazard. You always have a stronger case when there is a known connection between an environmental hazard, such as a pesticide, and a disease that proves that the exposure is dangerous and can harm your health.
You need to prove that you were exposed to the environmental hazard. For example, if you were exposed to a pesticide at work, you would need to show how and when that exposure happened and how it caused your injury or illness.
Liable Parties
Environmental health hazards could trigger illnesses. An environmental hazard also could cause you to move out of your home or vacate a property. If the hazard is serious enough, your home could even be condemned.
Any person or entity with a connection to the toxic exposure might be held liable. That could include the makers and distributors of the harmful substance or equipment that contains the harmful substance. Anyone who owned or leased the location where the toxic exposure occurred could be responsible, or a company that negligently stored a toxic substance or equipment could also be held liable.
Proving that an illness has been caused by an environmental hazard is difficult because your illness could be linked to something else. You would need a very thorough medical examination of the injury or illness and strong documentation of exposure to present a good case. A lawyer can help you prove causation.
Wilmington Environmental Lawyers at Jacobs & Crumplar, P.A. Can Help You Prove Causation in Your Toxic Tort Case
Environmental health hazards can affect many people. If you have an injury or illness because of an environmental hazard, contact one of our experienced Wilmington environmental lawyers at Jacobs & Crumplar, P.A. today. Call us at 302-656-5445 or contact us online to schedule a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
What Is Nitrate Water Contamination?
Nitrate contamination of surface water and groundwater is a result of the industrial food industry. Nitrate contamination happens with the overuse of fertilizer and from the array of manure produced by concentrated animal feeding operations (CAFOs), where large numbers of poultry, swine, cattle, or other animals are housed and raised in enclosed spaces.
Often, nitrate contamination occurs in rural areas that are heavily dependent on well water. The Environmental Protection Agency (EPA) estimates that thousands of community water wells and private wells surpass its maximum nitrate contaminant level. The EPA classifies nitrate as a water contagion. Infants below 6 months old who drink water containing high levels of nitrate may become severely sick.
An excess of nitrogen use in agriculture can result in nitrates seeping into groundwater. While other causes like septic systems also impact nitrate pollution in drinking water, most nitrates that contaminate groundwater are from agricultural resources. In addition, local topography and the type of soil present both affect how vulnerable a region is to groundwater pollution.
What Health Issues Are Linked to Nitrate Contamination?
Nitrates and pesticides can lead to water contamination near industrial food operations. Bacteria, viruses, and antibiotics can seep into the drinking water supplies of neighboring communities and cause an assortment of health issues for the people who drink the contaminated water.
Symptoms include shortness of breath and “blue baby syndrome,” which is a possible fatal blood disorder. Other illnesses linked to high levels of nitrates in drinking water include thyroid disorders, gastrointestinal illnesses, birth defects, and miscarriages.
Eliminating Nitrate Contamination
Eradicating nitrate contamination is tedious and costly. Removing nitrates from drinking water is expensive, particularly in public and private systems that bank on untreated groundwater and do not have water treatment public services. There are regulations in place that address salinity, including nitrates, but it is generally agreed that a much more comprehensive approach is needed.
Nitrates may be successfully removed from water using treatment processes, such as ion exchange, distillation, and reverse osmosis, according to the Centers for Disease Control and Prevention (CDC). Your local health department should be able to provide you with information regarding the process.
It is worth noting that heating or boiling your water will not remove nitrates. In fact, while the water will evaporate when boiled, the nitrate levels of water will slightly increase in concentration if the water is boiled. Mechanical filters or chemical disinfection, such as chlorination, will not remove nitrates from water. If you own a water well, it is best to have it tested annually after installing a treatment system.
Delaware Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Fight on Behalf of Those Sickened by Water Contamination
If you are suffering from an illness due to water contamination, contact one of our knowledgeable Delaware toxic tort lawyers at Jacobs & Crumplar, P.A. today. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County. Contact us online or call us at 302-656-5445 to schedule a free consultation.
Forever Chemicals Found in Delaware Wells
It has recently been reported that manmade chemicals used in industrial manufacturing have continued to contaminate public drinking water wells in Delaware. First discovered in several wells in 2014, new testing conducted in 2019 demonstrated that the problem is more widespread than originally reported.
The chemicals are linked to cancer and other health issues. The new testing data was not reported to the public at the time of the tests, nor were the specific wells identified.
Recent Delaware Water Supply Testing
The Environmental Protection Agency (EPA) has confirmed that testing was performed on 14 wells in and around the New Castle County Airport. All of the wells were within a seven square mile grid surrounding the airport. Out of the 14 wells, 10 were discovered to have been contaminated with chemical compounds called per- and polyfluoroalkyl substances (PFAS) to such a level that exceeded the EPA’s lifetime health advisory levels.
All of the New Castle city wells were contaminated, as well as six wells owned and operated by a local water utility company. However, the EPA and drinking water officials have confirmed that before the water from the wells reaches homes and businesses, it goes through a filtering process. The filtering process removes enough of the PFAS chemicals to reduce or eliminate water contamination.
What are PFAS Chemical Compounds?
PFAS are made up of perfluorooctanoic acid (PFOA) and perfluorobutane sulfonate (PFOS) chemicals. PFOS and PFOA compounds are used in a variety of industrial manufacturing products and processes. Here are just a sampling of some of the products that use these manmade chemical compounds:
- Pesticides
- Paint
- Leather
- Products used for stain resistance on cloth
- Adhesives and other heat-resistant tape
- Non-stick cooking pans and pots
- Home cleaning products
- Wax
- Carpet and furniture upholstery
- Fire retardant foams
- Cosmetics
- Water proofing
- Food packaging
What are the Health Effects of PFAS?
The PFOS and PFOA chemical compounds can be found almost everywhere. These chemicals are often referred to as “forever chemicals” because they do not naturally break down in the environment and remain intact. Due to their persistence and inability to naturally break down, the chemicals can be found in drinking water, most foods, including fish, meat, and anything grown in PFAS contaminated soil.
These chemical compounds are also often found in the blood of people and certain organs, such as the liver and kidneys. Here are some of the health problems people can have when exposed to these chemical compounds:
- Liver issues
- Kidney cancer
- Testicular cancer
- Fetal health and development
- Low newborn birth weight
- Autoimmune health issues
- Thyroid health conditions
- Late puberty
Delaware Water Contamination Lawyers at Jacobs & Crumplar, P.A. Help Victims Exposed to Forever Chemicals
If you believe you have suffered health effects due to drinking contaminated water, let the Delaware water contamination lawyers at Jacobs & Crumplar, P.A. help. Exposure to toxic PFAS chemicals can cause an array of health problems, and we are here to hold the responsible parties accountable for their negligence. Call us at 302-656-5445 or contact us online to schedule a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
What Should I Know About Delaware’s Clean Water Bill?
Environmental advocates and state residents are one step closer to receiving improved waterways after the Delaware House unanimously passed the Clean Water for Delaware Act. Some of the main components of the proposed legislation include rebuilding Delaware’s drinking water and wastewater infrastructures, preventing flooding, avoiding water contamination, and a $50 million investment in a Clean Water Trust. The Clean Water Trust would increase funding to counter water pollution to better serve residents, especially those who reside in low-income areas. Additionally, the proposed bill contains water reports, urgent projects, and plans to address pollution in the state. Future projects would be regulated by a Clean Water Trust Oversight Committee.
Delaware waterways are a vital resource and drive the economy as well, including fishing and boating industries. According to state officials, more than 377 bodies of water in Delaware are in dire need of repair because of pollution from bacteria, toxins, and other harmful contaminations. Additionally, more than 100 miles of waterways have fish consumption advisories because of pesticides and other chemicals. Many state residents are eager to have essential waterways cleaned and maintained.
Individuals who are suffering from an illness they believe was caused by exposure to contaminated water should reach out to an experienced toxic tort lawyer for assistance.
What are the Types of Water Contamination?
In order to prevent water contamination, one must understand the types. Water is a universal solvent, meaning that water can quickly dissolve substances, which makes it vulnerable to contaminants from farms, towns, and factories. Some common types of water contamination include the following:
Agricultural: The agricultural industry is the top consumer of global freshwater resources, which leads to significant contamination. When it rains, fertilizers, animal waste, pesticides, and other toxins can flow into waterways. Nutrient pollution, which is caused by nitrogen and phosphorus, is the top threat to waterways. It can cause dangerous algae blooms.
Sewage and wastewater: Showers, toilets, sinks, and sewage produce forms of wastewater. Stormwater runoff can leak into water supplies as well. Some negligent companies will discard industrial waste into water sources.
Oil pollution: Oil and gas from vehicles and large oil spills can contaminate water sources also. Tankers, both illegally and legally, spill contaminants.
Radioactive substances: Nuclear power plants, uranium mining, and hospitals, and other entities that use radioactive materials contribute to water contamination. Radioactive waste can last for thousands of years, which further contributes to the problem.
All of these forms of water contamination are harmful, which is why advocates and organizations, such as the Environmental Protection Agency (EPA), enforce regulations to keep drinking water and other related sources safe.
What are the Signs of Contaminated Drinking Water?
It may be hard to detect water contamination, and one of the best ways to determine if drinking water is affected is using a test. A local water purification company will be able to perform a water test to establish if it is safe. The test will also help a homeowner know how to fix the problem. Water filters and softeners can lessen the risk of water contamination.
Some signs that tap water is unsafe include the following:
Cloudiness: Typically, water should be clear. Cloudiness may not be harmful in certain circumstances, but it reveals that there are pathogens or chemicals.
Buildup: Some homeowners may discover that their hands feel slimy after washing their hands with soap and water. Substances can leave deposits on the skin, which can feel slime-like.
Color: Yellow, brown, orange, blue, or green water can be unsafe. Yellow water may indicate that there is a cancer-causing agent or a sign of buildup of lead, copper, or iron. Orange and brown water might contain too much iron, lead, or rust. Green or blue water could be signs of copper and corroded pipes.
Smell: If the water smells like bleach, there could be too much chlorine. Chlorine is added to water supplies to eliminate bacteria and toxins, but when it’s mixed with other compounds, it can be harmful. A fish-like or sulfur smell could be a sign of water contamination as well.
Taste: A metallic taste could be a sign of rusty pipes. In some cases, it could indicate a low pH level.
What are the Effects of Contaminated Water?
Health effects may not show up immediately. For this reason, people should regularly inspect and make sure their water supply is safe. Generally, health-related signs of waterborne illnesses include these issues:
- Gastrointestinal problems
- Diarrhea
- Nausea
- Cramps
- Dehydration
- Developmental problems
- Pregnancy issues
- Death
It is important to understand that contamination can come from different areas in the home. One might unknowingly bathe in contaminated water, too.
What is a Toxic Tort?
When a person is harmed by water contaminants, chemicals, or another toxin, they may be eligible to pursue a toxic tort claim. A toxic tort is a type of personal injury claim, and the plaintiff has the burden of proof that another negligent party caused their injury or illness. Showing that water contamination led to one’s illness is often challenging because symptoms may not develop right away.
A toxic tort lawyer will help their client with their case. A lawyer will investigate the circumstances and file a state or federal claim if necessary. A large and powerful corporation, manufacturer, distributor, or another entity may be responsible for water contamination, especially if it involves industrial waste or a similar scenario. However, a dedicated and experienced lawyer will be able to collect evidence, strengthen a claim, and fight for their client’s rights. As soon as one begins to suspect that contaminated water is directly causing their injury or illness, they should seek legal representation, since there are time limits to file a claim.
Wilmington Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Help Clients Affected by Water Contamination
The Delaware House passing the Clean Water for Delaware Act is a step in the right direction; however, residents are still being affected by contaminated water. If you believe you are sick because of water contamination, an experienced Wilmington toxic tort lawyer at Jacobs & Crumplar, P.A. can help you with your case. Our legal team understands the dangerous effects of water contamination, and we are ready to help. Complete our online form or call us at 302-656-5445 for a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
Why Should I Speak to an Attorney About Water Contamination?
Water contamination is a serious issue that can have significant adverse effects on a person’s health. Water is one of the most important substances for human life and health. If drinking water is contaminated, it quickly becomes a hazard rather than nourishment. Contamination can lead to serious injury or illness, and a victim may need to seek legal assistance to recover damages.
Water contamination has been known to cause serious illness in children and adults and has been found to be responsible for birth defects when consumed by pregnant women. When considering a lawsuit for water contamination, one should think about the following:
- Liability: Who is responsible for the safety of the available water?
- Knowledge: Did they know that contamination was present or at least that there were issues that made contamination likely?
- Criminality: Did the other party fail to follow local or national regulations for water safety?
These are not the only factors that are relevant to a lawsuit for water contamination. Additionally, each one of these does not have to be met to file a suit. These types of lawsuits are complicated, but a toxic tort lawyer can help their client understand all possible options.
How Safe is Public Drinking Water?
The United States has some of the safest and cleanest drinking water because of regulations implemented by the Environmental Protection Agency (EPA). However, contamination still happens. Even though there are rules in place when it comes to water supplies, many components of the public water system are old and outdated.
How Does a Water Supply Become Contaminated?
A water supply can become contaminated when a pipe breaks or becomes damaged, allowing foreign substances to get in the water. Additionally, water can be contaminated by materials from decaying water pipes. Any defect that allows unintended substances into the water supply can lead to dangerous contamination.
What are Common Contaminants in Drinking Water?
Drinking water contamination can include the presence of parasites, like Giardia, or viral infectious elements, like norovirus. It can also relate to known harmful substances, like asbestos and led. The Centers for Disease Control and Prevention (CDC) has identified a large number of water contaminants and tracks data for the public health issues resulting from them.
How can I Identify Contaminated Tap Water?
Identifying specific contaminants requires professional testing. However, there are a few ways to help identify unsafe water:
- Cloudy Water: Water should be clear.
- Off-Color: Brown or orange-tinted water may indicate rust or a damaged line, allowing dirt and other substances in. A blue or green tinge could mean copper contamination.
- Slimy Feel: Some contamination can actually make the water feel different. Water that causes the skin to feel slimy after contact is a significant warning sign.
- Odd Smell: Water that smells strongly of bleach can be a sign of excess chlorine. A rotten egg smell may indicate hydrogen sulfide contamination.
If one believes they have an illness because of contaminated water, they should speak to a lawyer right away.
Wilmington Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Help Clients Affected by Water Contamination.
Water contamination can be extremely damaging. If you are suffering from the adverse effects of water contamination, you are likely entitled to compensation. A Wilmington toxic tort lawyer at Jacobs & Crumplar, P.A. can help determine if you have a case for compensation. Contact us online or call us at 302-656-5445 for a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
Delaware River Basin Commission Bans Hydraulic Fracturing
As fossil fuel resources have dwindled, efforts have increased to find new avenues. The Marcellus Shale, an extensive rock formation, has been found to be a source of natural gas embedded deep inside underground fissures. It runs through a number of states, including Delaware, Pennsylvania, and New Jersey. The area has been of great interest to oil and gas companies. They use hydraulic fracturing to explore for and extract gas from the rock. The process involves drilling wells deep into the rock, and injecting high volumes of pressurized and chemically treated water to force open fissures to get to the gas deposits.
Concerns over hydraulic fracturing have been growing. Hydraulic fracturing has been found to cause extensive environmental damage and water contamination. Contamination occurs through three pathways: spills, discharge of waste into rivers and streams, and the underground migration of chemicals and methane gas into drinking water wells.
The Delaware River Basin Commission (DRBC) is an interstate commission overseeing aspects of protection of the water quality of the Delaware River and its tributaries. Recently, the DRBC voted to ban hydraulic fracturing in the Delaware River Basin entirely. This vote will result in protections against dangerous hydraulic fracturing activities and has been touted as a major win by environmental advocates. The decision not only bans hydraulic fracturing wells from being drilled, it also bans taking of water from the area and bans dumping waste products.
What are the Challenge of Toxic Torts?
People who have gotten ill from exposure to toxic materials can seek compensation through a toxic tort action. This is a legal claim to recover from harm from the exposure to a dangerous substance, such as a drug, pesticide, or chemical. When large numbers of people are affected, they can join together in a class action suit.
The challenge in toxic tort claims is proving causation. Illnesses caused by exposure to toxins do not generally manifest right away. The delay in showing symptoms can make it challenging to prove both the exposure and that the exposure that caused the illness. Other challenges include the potential for intervening factors. If other causes of the illness are possible, it can be difficult to prove that the specific toxin was the main cause of the illness. In addition, it can be difficult to identify the defendants in a case, particularly if the exposure was not recent. For example, a particular drug may be made by more than one manufacturer, which may change over time.
Despite these challenges, it is possible to bring and win toxic tort claims. Scientific developments are evolving and continue to establish linkages between chemicals and diseases. A recent example of a successful toxic tort claim involved individuals being exposed to toxins by a popular weed killer. A number of people were found to have non-Hodgkin’s lymphoma after using the product. In three recent jury trials, the manufacturer was found to have failed to warn users of the dangers of using the product, and the plaintiffs were awarded significant financial compensation.
If one needs legal counsel about a toxic tort case, they should speak to a lawyer as soon as possible. These cases are hard to prove, but a lawyer can fight on behalf of their client.
Wilmington Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Help Clients Affected by Water Contamination
The ban on hydraulic fracturing is a great moment for environmental advocates. If you believe you are sick from water contamination, a Wilmington toxic tort lawyer at Jacobs & Crumplar, P.A. can help you. Call us at 302-656-5445 or complete an online form for a free consultation today. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
Delaware Reaches Settlement with Chemical Company Over PFAS Contamination
In mid-February, a settlement was reached between the Delaware Department of Natural Resources and Environmental Control (DNREC) and an international chemical company that had operated a facility in Delaware from 1998 to 2020, where they processed polytetrafluoroethylene (PTFE). The DNREC found that hazardous chemicals were present in the soil and water and took the company to court. The DNREC did their testing in July 2020. A few months later, it was found that the chemical company was potentially responsible for releasing hazardous perfluoroalkyl and polyfluoroalkyl substances (PFAS) into the environment, leading to PFAS contamination.
What are PFAS?
PTFE is a synthetic resin that is slippery, resistant to other chemicals, and has a high melting point. It is mostly used in non-stick cookware and industrial products, like pipelines, valves, pumps, and bearings.
PFAS are similar to PTFEs, and are widely used around the world. The main difference is in the processing; PFAS are processed through screw extrusion techniques. These chemicals can be found in food packaging, household products, polishes, firefighting foams, and cleaners.
There is significant evidence showing that PFAS can cause serious health problems. Exposure can lead to higher cholesterol levels, problems in the immune system, thyroid issues, low infant birth weights, ulcerative colitis, and cancer. PFAS have also caused tumors in animals. This is why environmental agencies like the DNREC conduct testing to see if PFAS are present in soil and groundwater.
What Did the DNREC Conclude?
During the case, the DNREC determined that perfluorooctanoic acid (PFOA) was released, which is a PFAS chemical. PFOA water contamination can lead to health complications. PFOAs are considered to be hazardous substances by the U.S. Environment Protection Agency (EPA). During the July 2020 site inspection, PFOA were discovered immediately upstream of the company’s exhausts and filters, as well as in the groundwater, surface water, sediment, and soil near the building.
A news release stated that DNREC’s testing did not identify any known potentials for health concerns in the surrounding neighborhoods. There is a blood test that can detect the presence of PFAS in the blood, but it cannot predict if future health problems will occur. It is not a standard blood test, but it can be given upon request.
The DNREC offered the chemical company the opportunity to enter a voluntary cleanup program in the state as part of the Hazardous Substance Cleanup Act. The company did apply back in December, however, their application was later rejected because it was insufficient.
The chemical company must complete a comprehensive environment investigation at the facility site as well as the surrounding areas. They are also required to create and execute a remediation plan. The company claims that it is not liable for releasing the chemicals into the environment.
Wilmington Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Help Families Injured by Toxic Chemicals
Exposure to toxic chemicals can lead to serious health complications. If you have been exposed to dangerous chemicals in your environment, a Wilmington toxic tort lawyer at Jacobs & Crumplar, P.A. can help you. For a free consultation, complete our online form or call us at 302-656-5445. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.