The City of Lindsay, long home to citrus production, faced a significant challenge when routine water testing in 2008 revealed that one of its wells, Well 11, was contaminated with perchlorate. Perchlorate is a toxic chemical, found as an inactive ingredient in certain fertilizers used in the first half of the 20th century, which the State of California has determined to pose serious health risks, especially to children. The discovery forced the city to shut down Well 11 and rely on its two remaining uncontaminated wells and a surface water treatment plant to supply water to its 13,000 residents. This challenged the city to maintain an adequate water supply, especially during times of drought when its allocations to its surface water plant were reduced.
In 2010, Lindsay took legal action against SQM North America, a subsidiary of Sociedad Quimica y Minera de Chile, claiming that the company was responsible for the contamination as a result of selling the perchlorate-laden fertilizer to local farmers, who were unaware of the risks. Represented by SL Environmental Law Group, the City of Lindsay pursued compensation to cover the costs of treating the contaminated water and restoring the well.
SL Environmental Law Group, with its extensive experience in water contamination litigation, worked diligently to hold SQM America accountable. The firm argued that, beginning in the 1920s, SQM had the capability to reduce perchlorate concentrations in its fertilizer but failed to do so, resulting in unnecessarily dangerous levels of perchlorate in its products.
After years of litigation, the City of Lindsay achieved a significant victory, securing a $9.5 million settlement. The city manager, Daymon Qualls, expressed relief and satisfaction with the resolution, highlighting the positive impact on the community. “This is a big win for the City of Lindsay and its residents,” Qualls said.
The awarded settlement allows the city to allocate funds towards the design and installation of a two-stage ion exchange treatment plant for Well 11, as well as to cover future operation and maintenance costs of the plant, ensuring long-term protection for Lindsay’s water supply.
Qualls anticipates that, if all goes according to plan, Well 11 will be back in service by 2026, providing safe and reliable drinking water to the residents of Lindsay once again.
This case underscores the persistent issue of groundwater contamination in rural communities, particularly in agricultural regions. Lindsay’s success in this legal battle sets a precedent and provides hope for other municipalities facing similar challenges. The city’s proactive approach and partnership with SL Environmental Law Group have not only secured financial resources to address the immediate problem, but also safeguarded the community’s health and future water security.
"Through this settlement, the City of Lindsay will ensure that the substantial costs of cleaning up its water resources won’t have to be borne by its citizens. SQM knew that its fertilizer would likely pollute groundwater yet failed to take reasonable and available steps to reduce levels of perchlorate in its products."
