Lawsuit alleges Gardner failed to fix water problem
By Paula Owen, Correspondent
Posted Feb 4, 2018 at 2:08 PM
Updated Feb 4, 2018 at 11:05 PM
GARDNER – A Boston law firm has filed a class action lawsuit against
Gardner and two of its water consultants, alleging the city and the
companies the city hired to manage its water supply were negligent and
sold, supplied and distributed corrosive water to residents and
businesses.
Lawyer Michelle Blauner of the firm Shapiro Haber & Urmy said last week that the corrosive water is alleged to have caused damage to copper heating coils, water heaters and boilers. Some residents had to replace copper heating coils on multiple occasions, she said.
The class action was filed against the city, Suez Water Environmental Services and AECOM Technical Services, on behalf of all residents and businesses in Gardner whose copper heating coils, water heaters and boilers have been damaged by the corrosive water, Ms. Blauner said.
“The city and its water companies knew for years that they could fix the problem by adjusting the water chemistry through the addition of an orthophosphate corrosion protector,” according to the complaint.
In August, Gardner announced its plan to add orthophosphates to the water supply. Nevertheless, Shapiro Haber & Urmy states, as of the time the case was filed, that solution had not been implemented.
Mayor Mark P. Hawke referred questions on the matter to the city solicitor’s office.
In an email, City Solicitor John M. Flick said Gardner legal counsel was reviewing the complaint and preparing the city’s response. He said the city had no comment at this time but “a more thorough public response” might be issued after the city formally responded to the lawsuit.
Mr. Flick said he did not have any information regarding the addition of orthophosphate to the city’s water.
Ms. Blauner said she has no reason to believe that the corrosive water is a potential health risk.
“To our knowledge, but we don’t know,” she said.
When the city sought approval from the state to build the Crystal Lake and Snake Pond wastewater treatment plants, she said, a consultant recommended adding orthophosphate to the water to protect the pipes in the late 1990s. The city’s water company sought approval to add orthophosphate to the water and though the state approved the measure, it was never added, she said.
“Before the failed coils arose, the city had an approved plan to protect the pipes and just never added it,” Ms. Blauner said. “In doing so, in our view, they were negligent.”
When coils started to fail in the mid- to early 2000s, Ms. Blauner said, Gardner still did not add the orthophosphate. The city began receiving complaints of coil failures and started investigating, she said, and eventually contacted the Environmental Protection Agency in 2011 about the issue.
Documents from 2012 indicate 400 coil failures, she said. The average cost of replacing one of the coils is around $500 to $600, she said. Coils affected are mostly in tankless hot water systems, she said. “Their general response was telling people the problem was with the coils, not the water,” Ms. Blauner said.
The EPA determined the alkalinity of the water was very low, she said. A year after a 2015 report, the city asked the state, again, for approval to add orthophosphate, she said. That was approved in August 2017.
“As far as we know, they haven’t still added it,” Ms. Blauner said.
Lawyer Michelle Blauner of the firm Shapiro Haber & Urmy said last week that the corrosive water is alleged to have caused damage to copper heating coils, water heaters and boilers. Some residents had to replace copper heating coils on multiple occasions, she said.
The class action was filed against the city, Suez Water Environmental Services and AECOM Technical Services, on behalf of all residents and businesses in Gardner whose copper heating coils, water heaters and boilers have been damaged by the corrosive water, Ms. Blauner said.
“The city and its water companies knew for years that they could fix the problem by adjusting the water chemistry through the addition of an orthophosphate corrosion protector,” according to the complaint.
In August, Gardner announced its plan to add orthophosphates to the water supply. Nevertheless, Shapiro Haber & Urmy states, as of the time the case was filed, that solution had not been implemented.
Mayor Mark P. Hawke referred questions on the matter to the city solicitor’s office.
In an email, City Solicitor John M. Flick said Gardner legal counsel was reviewing the complaint and preparing the city’s response. He said the city had no comment at this time but “a more thorough public response” might be issued after the city formally responded to the lawsuit.
Mr. Flick said he did not have any information regarding the addition of orthophosphate to the city’s water.
Ms. Blauner said she has no reason to believe that the corrosive water is a potential health risk.
“To our knowledge, but we don’t know,” she said.
When the city sought approval from the state to build the Crystal Lake and Snake Pond wastewater treatment plants, she said, a consultant recommended adding orthophosphate to the water to protect the pipes in the late 1990s. The city’s water company sought approval to add orthophosphate to the water and though the state approved the measure, it was never added, she said.
“Before the failed coils arose, the city had an approved plan to protect the pipes and just never added it,” Ms. Blauner said. “In doing so, in our view, they were negligent.”
When coils started to fail in the mid- to early 2000s, Ms. Blauner said, Gardner still did not add the orthophosphate. The city began receiving complaints of coil failures and started investigating, she said, and eventually contacted the Environmental Protection Agency in 2011 about the issue.
Documents from 2012 indicate 400 coil failures, she said. The average cost of replacing one of the coils is around $500 to $600, she said. Coils affected are mostly in tankless hot water systems, she said. “Their general response was telling people the problem was with the coils, not the water,” Ms. Blauner said.
The EPA determined the alkalinity of the water was very low, she said. A year after a 2015 report, the city asked the state, again, for approval to add orthophosphate, she said. That was approved in August 2017.
“As far as we know, they haven’t still added it,” Ms. Blauner said.
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