Tamarac City Hall. {City of Tamarac}
The Tamarac city commission on Wednesday will discuss how to allocate $315,195.02 in funds the city received as its net share of a national class action settlement over contamination of public water systems with PFAS, a group of synthetic “forever chemicals.”
The agenda item, requested by Vice Mayor Marlon Bolton, is titled “Discussion and Consensus on Allocation of a Portion of the $315,195.02 Settlement Proceeds Related to the PFAS Water Quality Class Action Lawsuit to Commission Members who Elect to Opt-In for the Benefit of Tamarac Residents.” The item calls for discussion and consensus rather than a formal vote.
The $315,195.02 represents Tamarac’s net proceeds from a settlement with BASF Corporation in Tamarac, Florida vs. Tyco, et al., a class action suit, city records show. Numerous municipalities, including Tamarac, have alleged that they have suffered harm resulting from the presence of PFAS in drinking water and/or the need to monitor for the presence of PFAS in drinking water, and that Tyco is liable to them for damages and compensation.
BASF’s gross contribution to Tamarac was $338,919.38, city records show. Ferraro Law, which represented the city in the litigation, deducted seven percent in attorneys’ fees — amounting to $23,724.36 — under a retainer agreement, leaving the city with $315,195.02 from that settlement.
On April 22, City Attorney Hans Ottinot wrote to commissioners to notify them that the check had arrived.
“Please note that the City recently received a settlement check in the amount of $315,195.02 relating to the PFAS or water quality class action lawsuit,” Ottinot wrote in an email.
PFAS — polyfluoroalkyl substances, commonly called “forever chemicals” — are a family of man-made chemicals that last indefinitely in the environment and the human body. They have been linked to health risks including thyroid disorders, certain cancers, and immune system effects.
The chemicals have entered the water supplies of numerous U.S. municipalities through the widespread use of aqueous film-forming foam, or AFFF, a firefighting chemical manufactured and sold by several major companies.
BASF Corporation’s liability in the case stems from its 2009 acquisition of Ciba, a chemical company that had manufactured AFFF containing PFAS. BASF agreed to a $316.5 million national settlement with public water systems, which received final court approval in November 2024.
The BASF settlement was one of two in the same litigation. Tamarac separately received $749,737.37 — minus legal fees — from a $750 million settlement with Tyco Fire Products. Combined, the city netted $1,064,932.39 from the two settlements. Wednesday’s agenda item apparently concerns only the BASF proceeds.
The agenda item drew immediate criticism from at least one resident.
“This is insane! It’s a settlement for the city, not commissioners,” Kate Johnson, a Tamarac resident and good government advocate, wrote on Facebook. “All they want is money money money to buy votes. This has to stop.”
The city declined to respond with additional information or comment for this article.
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