Jessica Mathews / news@whmi.com


A plastics manufacturer has reached an agreement with the state to investigate and address hazardous substances known as “forever chemicals” at its former factory in Green Oak Township.

Michigan Attorney General Dana Nessel announced that a settlement has been reached in the lawsuit filed against Asahi Kasei Plastics North America, Inc. to address releases of PFAS (per-and polyfluoroalkyl substances) at its former Thermofil facility at 6150 Whitmore Lake Road.

In 2019, the PFAS was discovered in a groundwater plume that encompassed some homes in the area and in parts of the Green Oak Village Place Mall along US-23. It is said to extend approximately 2,000 feet in a southeast direction towards the Huron River watershed.

PFAS is used during the creation of plastics to keep the plastic from sticking to the mold. In 1997 a large fire occurred, and plastics stored at the facility burned. The state says it was reported only water was used to control the fire and there were no reports of fire-fighting foam being used.

The settlement requires Asahi, a Fowlerville plastics manufacturer, to investigate PFAS in soil, groundwater, and surface water discharged from their former facility, and to undertake response actions to address levels that exceed state criteria.

The Consent Decree was filed with the Livingston County Circuit Court on Monday. As signed by both parties, it requires Asahi to investigate PFAS released into soil, groundwater, and surface water from its former facility. If concentrations that exceed state criteria are found, additional steps are required to cut off harmful exposures.

Asahi’s investigation and proposed work plans must be submitted to and approved by the Michigan Department of Environment, Great Lakes, and Energy or EGLE. In addition, the Consent Decree provides that work plans of significant public interest can be made available for public comment prior to their approval.

Nessel commented that she started the PFAS Litigation project in 2020 to bring relief to communities impacted by PFAS contamination, and this settlement is another step in the right direction. She said the agreed-upon framework for compliance at the site requires work under an enforceable schedule and is a favorable outcome for Michigan. Nessel added said “This settlement reflects my promise to protect the public and the environment from the harmful impacts of PFAS and hold companies responsible for contamination. My office and I will continue to pursue that goal, in court or cooperatively”.

Asahi was one of the 17 PFAS defendants named in Nessel’s first lawsuit against PFAS manufacturers filed in 2020 under a state-approved contract with Special Assistant Attorney Generals retained specifically to assist with complex PFAS litigation. The case against Asahi was separated out from the larger suit and moved to Livingston County Circuit Court, where the case proceeded before Judge Mike Hatty.

There are currently six PFAS cases filed under the SAAG contract that are pending in both state and federal court, and the Asahi case is the first to be resolved.

In addition to the required investigation and response actions to address exceedances of PFAS criteria, the settlement requires Asahi to pay the State’s past and future oversight costs and costs of litigation. That includes the attorney fees of the SAAGs for this matter - which Nessel says means that the costs will not be shifted to taxpayers. $663,000 will be paid to the state for past and future response costs at the site, as well as more than $2 million in legal fees.

A link to the Consent Decree is provided.