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Mayville Files Suit Over Water Contamination

The village of Mayville has filed a lawsuit against Chautauqua County over its contaminated wells.

The lawsuit, which was officially filed Friday in state Supreme Court in Chautauqua County, says the village is seeking $2.5 million.

On Dec. 10, 2020, the county issued a “do not drink” order to Mayville village residents after samples from three wells indicated the presence of the chemical perfluorononanoic acid (PFNA) at levels between 75 and 330 parts per trillion. That notice was lifted two weeks later after Mayville started using a new well that did not have the PFNA.

In February, 2021, William T. Boria, county Health Department Water Specialist, who has since retired, attended a meeting of the Mayville Village Board and announced that it appeared the chemicals came from firefighting foam used in training exercises at the Chautauqua Municipal Building from 2014-18.

“This action asserts multiple causes of action, including but not limited to negligence, abnormally dangerous activity, trespass, nuisance, and for recovery of response costs under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,” the lawsuit states.

Since then, the village has constructed a new filter system and building so it can treat the water and remove the contaminants. It is also looking for additional water sources, since the new well put in use in December 2020 isn’t capable of servicing the entire village, especially during the summer when water usage goes up.

In March of this year, it was announced that the village was awarded a $2 million federal water grant. The money was to be used to search for a new water source, however the village was required to pay a $500,000 match in order to accept the funds. At that time, village officials said they would ask the county or the state to provide the required $500,000.

The village is being represented by Phillips Lytle, LLC in Buffalo in its suit against the county.

Neither Mayville Mayor Ken Shearer nor County Executive PJ Wendel returned messages seeking comment on the lawsuit Monday.

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