By Dylan Marsh
EAGLE TIMES STAFF
SUNAPEE – On March 6 at its regular meeting the board of selectmen learned that the town of Sunapee has been issued a subpoena for documents related to the transfer station in the case of State of New Hampshire v. 3M. The meeting was held at Sunapee Town Hall.
The case is ongoing and is a product liability suit. 3M, formerly known as Minnesota Mining and Manufacturing Company, is a multinational conglomerate.
The state is requesting all documents relating to Per- and polyfluoroalkyl substances (PFAS) based on the belief that these chemicals may have contaminated the area surrounding the transfer station. The subpoena outlines 48 instances of documentation that the state will be seeking in regard to the lawsuit.
“On Monday we were issued a subpoena,” Town Manager Shannon Martinez said. “To be honest, I don’t know all the details of it. I don’t fully understand all of it, but what I do know is that it’s a big deal, and I know that we weren’t the only one that received it.”
According to Martinez, lawyers associated with the subpoena are going to file an injunction to better understand precisely what the state is asking for in an effort to relieve some of the burden on the towns.
In the instance of Sunapee, the town purchased what was then the landfill in 1963 for $1,500. This subpoena would require the town to collect all of the documents and conversations regarding the transfer station dating at least that far back, if not further, to a time predating the town’s ownership.
“It’s the gift that keeps on giving,” joked Selectboard Member Carol Wallace.
In 2016, the New Hampshire Department of Environmental Services (NHDES) established new standards for the allowance of PFAS in groundwater. As a result, the NHDES issued a request in 2018 for the town of Sunapee to test for PFAS after the state found issues with high amounts in the southern part of the state.
“Somebody is after 3M, and what effect is that going to have on us?” Selectboard Member Fred Gallup asked during the meeting. “If the state of New Hampshire wins the case against 3M, does that mean we have to dig the landfill out? Are they going to do more monitoring tests? It would be great to have more information about how we are all mixed up in this mess.”
The results of the injunction that is being filed by municipal attorneys are pending. Sunapee is currently waiting to determine what they will be required to produce.
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