New Brunswick: Contaminated Water Lawsuit?

Water contamination is a serious issue that can cause significant harm to people's health and well-being. In the United States, it is estimated that nearly 77 million people live in areas where water systems violate safety regulations, and there is a 1 in 4 chance of having tap water that is unsafe for drinking or improperly monitored. When it comes to New Brunswick, the city takes its responsibility to provide clean drinking water seriously. The city's water utility provides clean drinking water to residents and surrounding communities, managing water emergencies, distribution, treatment, billing, and meter reading. They follow the multi-barrier approach to reduce or prevent contaminants from entering the water system, and their water meets the quality standards set by Health Canada and the New Brunswick Departments of Health, Environment, and Local Government.

However, if the city's water supply were to become contaminated, residents would have the right to take legal action. In general, individuals can sue for contaminated water if they meet certain criteria, such as living in an affected area and experiencing health issues caused by the contamination. While I cannot provide specific legal advice for New Brunswick residents, it is important to note that contaminated water can lead to valid health concerns and legal recourse in many places.

New Brunswick's water quality and safety

Water quality and safety in New Brunswick, Canada, is a complex issue with a range of factors to consider. Here is an overview of the topic, focusing on the city of Saint John and the larger province of New Brunswick.

Water Sources in New Brunswick

New Brunswick's water sources include groundwater and surface water from lakes, rivers, and reservoirs. Groundwater is a clean and safe source, naturally treated by the earth. However, as it is transmitted through pipes, sodium hypochlorite is used for disinfection. The Loch Lomond Drinking Water Treatment Facility, serving over 13,000 customers, is an example of a surface water treatment plant. It sources water from the Loch Lomond and Latimer Lake watersheds and has the capacity to produce 75 million litres of clean drinking water daily.

Water Quality Concerns

Historically, water supplies in New Brunswick were often contaminated with harmful bacteria or toxic materials. While significant progress has been made, water quality remains a concern, especially with the recent threat of hydraulic fracturing (fracking). Bacterial contamination, elevated levels of chemicals like arsenic and manganese, and leachate from regional landfills are among the issues facing the province.

Water Quality Testing and Regulations

New Brunswick has implemented various measures to ensure water quality and safety. The provincial government works with local governments to protect water sources through the Clean Water Act. Drinking water guidelines have been adopted from Health Canada's standards, and regulated water supplies are required to test for specific parameters. If regulated drinking water exceeds these limits, a health risk assessment is conducted, which may result in a boil order or other directives.

The city of Saint John, for example, follows the "multi-barrier approach" to reduce or prevent contaminants from entering the water system. They test for more parameters and at a higher frequency than legally required and have received recognition for their water quality, including awards from the Atlantic Canada Water & Wastewater Association.

Water Contamination Lawsuits

While I cannot provide legal advice, it is worth noting that water contamination lawsuits are not uncommon. Residents of contaminated areas can sue the responsible party, typically with the help of a lawyer specialising in environmental pollution cases. Successful lawsuits can result in compensation and funds for cleaning up contaminated water sources.

While New Brunswick has made strides in providing safe and reliable drinking water, historical and ongoing water quality issues persist. The provincial and local governments have implemented regulations and testing procedures to address these concerns. However, residents are encouraged to stay informed about their water quality and hold officials accountable to ensure consistent access to clean and safe water.

Who can be held responsible for water contamination?

Water contamination is a serious issue that can have detrimental effects on human health and the environment. So, who can be held responsible for it?

Industrial and Agricultural Polluters

Industrial and agricultural activities are major contributors to water pollution. This includes:

• Manufacturing plants: Factories producing chemicals, pharmaceuticals, electronics, etc. may discharge pollutants if they don't adhere to proper waste management practices or fail to maintain their facilities.
• Mining operations: The extraction of minerals and metals can release heavy metals, acids, and other toxins into nearby water bodies.
• Agricultural runoff: The use of fertilizers, pesticides, and animal waste in agriculture can lead to nutrient pollution and the introduction of harmful chemicals.

Municipalities and Water Utilities

Municipalities and water utilities may be held liable if they fail to properly treat, monitor, or maintain the water supply system. This includes:

• Inadequate water treatment: Failure to remove pathogens, chemicals, or other contaminants during the treatment process.
• Insufficient monitoring: Not regularly testing and addressing identified issues.
• Aging infrastructure: Old pipes, storage tanks, and distribution systems can contribute to water contamination, such as lead pipes leaching lead into drinking water.

Property Owners

Property owners may be held responsible for water contamination if their actions or negligence contribute to pollution, such as:

• Improper waste disposal: Improperly disposing of hazardous waste, chemicals, or industrial byproducts that end up contaminating nearby water sources.
• Leaking underground storage tanks: Fuel or chemical storage tanks that leak and contaminate groundwater or nearby surface water bodies.
• Uncontrolled stormwater runoff: Failure to implement proper stormwater management practices, leading to the release of pollutants into nearby water bodies.

Government and Regulatory Bodies

In some cases, government bodies and regulatory agencies may also bear responsibility, especially if they fail to enforce standards or address known issues. For example, in Flint, Michigan, authorities assured residents that their water was safe even after it was switched to an unsafe source.

A Collective Responsibility

Water contamination is a complex issue involving multiple parties. While these are some of the key entities that can be held responsible, it's important to recognize that ensuring clean and safe water is a collective responsibility involving industries, governments, communities, and individuals.

What are the health risks of drinking contaminated water?

Drinking contaminated water can have a range of adverse health effects. Here are some of the risks:

Gastrointestinal Illnesses

Contaminated water often leads to gastrointestinal issues, including nausea, vomiting, diarrhoea, and stomach pain. These illnesses can be life-threatening, especially in vulnerable populations such as young children and the elderly.

Damage to Organs and Body Systems

Consuming contaminated water can cause damage to various organs and body systems. For example, high levels of nitrates in drinking water can lead to "blue baby syndrome", which affects an infant's ability to carry oxygen in their blood, potentially resulting in death. Heavy metals in drinking water can cause acute and chronic toxicity, liver and kidney damage, intestinal damage, anaemia, and cancer. Other contaminants may harm the reproductive system, kidneys, and liver.

Neurological Problems

Some contaminants in drinking water can lead to nervous system damage. This can manifest as neurological problems such as developmental delays, learning difficulties, and behavioural issues, particularly in infants and children.

Reproductive Issues

Certain contaminants in water have been linked to reproductive issues. For instance, high levels of nitrates and heavy metals in drinking water can impact reproductive health.

Cancer

Long-term exposure to contaminated water with high levels of carcinogens, such as benzene, increases the risk of developing cancer. Other contaminants, such as trichlorethylene (TCE) and perchloroethylene (PCE), found in places like Camp Lejeune, have also been associated with cancer diagnoses.

Infectious Diseases

Microbiologically contaminated drinking water can transmit infectious diseases such as hepatitis, cholera, typhoid, and polio. These diseases are often caused by harmful microbes, including Giardia, Cryptosporidium, and E. coli, which can enter water sources through human and animal waste.

Birth Defects

Exposure to contaminated water during pregnancy can lead to birth defects. For instance, in the case of Camp Lejeune, there was an increase in the rate of low birth weights and birth defects among residents exposed to contaminated drinking water.

What are the legal options for those affected by contaminated water?

If you have been affected by contaminated water, there are several legal options available to you. Firstly, it is important to understand the specific details of your situation, as the legal options may vary depending on the location, the type of contamination, and the responsible parties. Here are some general legal options for those affected by contaminated water:

• Personal Injury Claims: If you have suffered health issues or other damages due to contaminated water, you can file a personal injury claim to seek compensation for medical costs, income loss, diminished earning capacity, and emotional distress. It is crucial to provide compelling evidence linking your illness to the contaminated water, and an experienced personal injury attorney can help you gather this evidence.
• Wrongful Death Claims: In cases where individuals have lost their lives due to contaminated water, family members or other eligible parties may be able to file a wrongful death claim. This typically requires a specific relationship with the deceased and must be submitted within a set timeframe.
• Disability Benefits: If you were exposed to contaminated water during active duty, you may be eligible for disability benefits through the Department of Veterans Affairs (VA). However, you will need to provide compelling medical evidence linking your illness to the contaminated water.
• Environmental Lawsuits: If your goal is to hold the responsible parties accountable and ensure they take action to address the contamination, you can bring your case to the attention of the Environmental Protection Agency (EPA). They can conduct an investigation and take administrative action against the polluters. Alternatively, you can file a "citizen suit" in court with the help of an attorney to compel the responsible parties to remediate the contamination.
• Standard Civil Suits: If you are seeking monetary damages for the harm, inconvenience, or property damage caused by contaminated water, you will need to file a standard civil suit in a court of law. This will require you to prove that you were exposed to a hazard and that it caused you harm. Joining a class-action suit can be a quicker way to establish that the hazard caused harm.
• Suing Landlords or the City: If you are a tenant and your landlord failed to address contaminated water issues, you may have the right to sue them for breach of implied habitability, failure to maintain property, breach of contract, or bodily harm. Additionally, if the contaminated water is supplied by your city, you may have the option to sue the city, as they are responsible for providing drinkable water to their citizens.
• Seeking Legal Counsel: Before taking legal action, it is highly recommended to consult with a lawyer who specializes in environmental or personal injury law. They can help you navigate the complex legal landscape, determine your best course of action, and ensure that you meet any specific criteria or deadlines for filing a claim.

What are the potential financial repercussions of water contamination?

Water contamination can have serious financial repercussions, from the cost of medical treatment to the loss of economic opportunities.

Healthcare Costs

Waterborne pathogens, such as bacteria and viruses from human and animal waste, are a major cause of illness from contaminated drinking water. Diseases spread by unsafe water include cholera, giardia, and typhoid. The cost of treating these illnesses can be significant, especially for those without access to affordable healthcare.

Loss of Economic Opportunities

Time spent collecting water or seeking a safe place to go accounts for billions of dollars in lost economic opportunities. In communities without access to safe water, women and children are often tasked with water collection, taking them away from income-generating activities or educational opportunities.

Environmental Cleanup Costs

When water contamination occurs, the responsible party may be required to bear the cost of cleanup. This can include the cost of treating contaminated water, as well as restoring damaged ecosystems. In some cases, the financial burden of cleanup may fall on governments or communities, especially in cases where the responsible party cannot be identified or held accountable.

Legal Costs

In cases of water contamination, individuals or communities may choose to take legal action against the responsible party. This can include filing lawsuits or seeking compensation through insurance claims. Legal fees and other related expenses can be significant, and the outcome of legal proceedings may not always be in favour of the claimants.

Property Value Loss

Water contamination can also lead to a decrease in property values, particularly in areas where the contamination has raised concerns about the safety of the water supply. This can impact the financial stability of homeowners and businesses, especially in areas heavily reliant on tourism or outdoor activities.

Loss of Agricultural Productivity

Water contamination can also have financial repercussions for the agricultural sector. Contaminated water can lead to reduced crop yields, loss of livestock, and increased costs for farmers who rely on irrigation. This can have a ripple effect on food prices and impact the broader economy, especially in regions heavily dependent on agriculture.

Impact on Infrastructure

Water contamination can also result in damage to infrastructure, particularly in cases where the contamination has affected drinking water supplies. The cost of repairing or replacing damaged pipes, treatment facilities, and other infrastructure can be significant and may require investment from governments or external sources.

Impact on Tourism

In areas heavily reliant on tourism, water contamination can lead to a decrease in tourist arrivals and spending. This can have a significant financial impact on local businesses, including hotels, restaurants, and other tourism-related services.

Impact on Tax Revenue

Water contamination can also affect government tax revenue, particularly in regions heavily reliant on water-intensive industries such as agriculture or manufacturing. A decline in economic activity due to water contamination can lead to a decrease in tax revenue, affecting the government's ability to provide public services and invest in infrastructure.

Frequently asked questions