Concerns about the safety of local drinking water have led a public water utility and its city government to file a federal lawsuit seeking to recover costs for removing synthetic chemicals known as PFAS from their water supply. The complaint was filed on April 7, 2026, in the United States District Court for the Northern District of Ohio by the Weirton Area Water Board and the City of Weirton, West Virginia, naming Arcwood Environmental — East Liverpool Inc. and Arcwood Transport LLC as defendants.
According to the court filing, the plaintiffs operate a public water system serving nearly 25,000 customers in Weirton and surrounding areas. They allege that facilities operated by Arcwood Environmental — East Liverpool Inc., specifically a hazardous waste incinerator located on St. George Street in East Liverpool, Ohio, have released per- and polyfluoroalkyl substances (PFAS) into the environment. These chemicals are described in the complaint as persistent “emerging contaminants” that do not degrade easily and pose significant health risks.
The plaintiffs state that their water treatment plant draws from sources including an intake on the Ohio River and a Ranney collector well nearby. They claim that PFAS released from Arcwood’s facility have migrated into these sources through air emissions, surface runoff, groundwater movement, and direct discharges into the river upstream of Weirton’s intake points. The complaint highlights that conventional drinking water treatment processes are largely ineffective at removing PFAS once contamination occurs.
The legal action cites multiple scientific studies and regulatory findings linking exposure to PFAS with negative health effects such as increased cancer risk, immune system impairment, developmental delays in children, reproductive issues, hormonal interference, elevated cholesterol levels, and other conditions. Plaintiffs reference recent federal actions classifying certain PFAS compounds—including PFOA and PFOS—as hazardous substances under environmental law.
The lawsuit details alleged operational violations at the East Liverpool Facility dating back several years. It references a 2018 consent decree between Arcwood (then operating under another name) and federal authorities following Clean Air Act violations at the site. According to the complaint, these violations included failing to maintain minimum combustion temperatures required for effective destruction of hazardous wastes—conditions which plaintiffs argue increase releases of uncombusted or partially combusted PFAS into air and surrounding land or waterways.
Further supporting their claims, plaintiffs cite soil and surface water testing conducted between 2021 and 2023 near the East Liverpool Facility which detected measurable concentrations of PFOA and PFOS both in soils within two miles of the site and in waters adjacent to it on both sides of the Ohio River. They also point to self-reported data submitted by Arcwood under federal chemical release reporting requirements indicating releases of PFOA mass sufficient to contaminate billions of gallons of water above current federal limits.
Plaintiffs assert that their own monitoring—conducted under EPA rules—has confirmed detections of PFOA and PFOS in finished drinking water delivered to homes and businesses served by their system throughout 2024. Reported concentrations include approximately 7–8 parts per trillion for PFOS across several months this year; PFOA was also detected at levels consistent with ongoing presence in source waters.
In response to these findings—and new national standards set by EPA—the plaintiffs report they have begun designing new treatment infrastructure aimed at removing PFOA and PFOS from their supply but expect significant ongoing costs for construction, operation, maintenance, investigation, sampling, alternative supplies if needed, oversight activities, public communication efforts related to contamination issues.
The lawsuit seeks compensatory damages covering all past and future response costs associated with investigating, cleaning up, remediating, monitoring or otherwise addressing PFAS contamination affecting Weirton’s municipal drinking water system. Plaintiffs also request a declaratory judgment holding defendants liable for such costs going forward so as to avoid repeated litigation as additional expenses arise.
Attorneys representing Weirton Area Water Board and City of Weirton include Frank L. Gallucci III (OH Bar #0072680), David R. Grant (OH Bar #0065436), Paul Grieco (OH Bar #0064729) from Plevin & Gallucci Company L.P.A.; Mark A. Colantonio (OH Bar #064676) and Clayton J. Fitzsimmons (OH Bar #0093114) from Fitzsimmons Law Firm PLLC; James L. Simpson (pro hac vice forthcoming) from Napoli Shkolnik PLLC; Paul J. Napoli (pro hac vice forthcoming) from NS PR Law Services LLC. The case is identified as Case No.: 4:26-cv-00835-BYP.
