Fresno’s Water Contaminated with Lead, Class Action Claims

A class action lawsuit hit the California city of Fresno alleging its drinking water contains “the presence of lead, iron, and other toxic contaminates at levels in excess of allowable limits.”

Plaintiffs claim in their class action lawsuit that Fresno’s water pipes are corroded causing lead contamination.

The class action states that the city of Fresno, Measurement Control Systems, and Vulcan Construction & Maintenance are all responsible for the lead contamination.

“This case shines a spotlight on how the city, rather than protecting its residents from the dangers of lead in its drinking water, actively promoted, designed and approved changes to its water supply systems that it knew would likely lead to the risk of corrosion and leaching of metals in its piping, including the introduction of ion and lead into residents’ drinking water,” alleges the complaint.

According to the lawsuit, the problem started after Fresno was forced to find alternative sources of water due to population growth and ongoing drought. Previously, the city relied on wells, but in order to avoid using up groundwater reserves, a water treatment facility was put into use in 2004.

The plaintiffs claim the water treatment facility serves thousands of homes in Northeast Fresno with 20 million gallons drawn through the Enterprise Canal. This water is softer and less mineral laden than the ground water, say the plaintiffs, and mixing the ground water and canal water caused chemical reactions that stripped the zinc lining of galvanized water pipes.

The city of Fresno knew that the mixed water would cause the pipes to corrode, allege the plaintiffs in their class action complaint, pointing out that the city hired a consultant that told them of the issue. More than 50 percent of Frenso residents rely on galvanized piping, the plaintiffs say; but, the city allowed the water treatment facility to start mixing the water despite knowing of the problem.

However, Fresno city officials deny the allegations brought forth in this class action lawsuit. “The City of Fresno has always been in compliance with the EPA’s Lead and Copper Rule, which has been verified by the EPA and the California State Water Resources Control Board, ” the Director of Communications and Public Affairs for the City of Fresno said in an official statement.

According to the class action, a January 2016 investigation discovered that Fresno’s water contained lead levels above allowable limits. The results also showed that the water supplied from Fresno’s Northeast Surface Water Treatment Facility was causing the problem.

“The city ignored irrefutable evidence, before January 2016, that the water supplied to residents of Northeast Fresno was not and is not potable or safe, and exposed and continued to expose these residents, including plaintiffs and class members, to toxic metals such as lead,” the lawsuit states.

According to the class action, the levels of lead cause serious health issue, economic losses, and property damage. The plaintiffs seek to represent all residents of Northeast Fresno, along with restitution, damages, and an injunction.

The plaintiffs are represented by Brian Kabatek, Christopher Noyes and Joana Fang of Kabatek Brown Kellner LLP, Frank Pitre, Julie Fieber and John Thyken of Cotchett, Pitre & McCarthy LLP, and Michael Gatto of Van Blois & Associates.

The Fresno Water Contamination Class Action Lawsuit is Jackie Flannery, et. al. v. City of Fresno, et. al., Case No. 17-CECG-01724, in the Superior Court of the State of California, Fresno County.