Long Island's PFAS Crisis: The Scope of Manufacturer Exposure
Long Island's drinking water situation has reached a critical inflection point for industrial companies. PFAS testing under NYSDEC's statewide investigation program has confirmed PFOA and PFOS at concentrations exceeding EPA's new 4 ppt MCLs in municipal wellfields serving hundreds of thousands of Nassau and Suffolk County residents.
The contamination reflects Long Island's industrial heritage: decades of aerospace and defense manufacturing, semiconductor fabrication, metal finishing, commercial aviation, and chemical processing across Nassau and Suffolk Counties have left a complex legacy in the Nassau-Suffolk aquifer system. This sole-source aquifer provides the only drinking water for over three million Long Island residents — there is no surface water alternative, no dilution, and no regulatory tolerance for contamination threatening health-based standards.
For Long Island manufacturers and industrial companies — current and former — the NYSDEC source investigation process now underway is a direct regulatory and litigation threat requiring immediate legal attention.
How NYSDEC's PFAS Source Investigation Works
NYSDEC's investigation begins with systematic data-gathering: Toxic Release Inventory (TRI) reports, historical industrial permits, SPDES discharge records, stormwater inspection files, and spill response records. Facilities identified as potential PFAS sources receive formal information requests under ECL Section 71-2725, requiring disclosure of PFAS-related operations, product purchases, disposal records, and existing environmental data.
These requests carry mandatory response obligations enforceable through civil penalties up to $37,500 per day of non-compliance. More importantly, the content of a company's response significantly shapes its subsequent regulatory and litigation posture. Responses that are inaccurate, incomplete, or strategically unwise can create admissions that complicate CERCLA defense and increase exposure in water utility cost-recovery litigation.
Long Island manufacturers that receive — or anticipate receiving — NYSDEC PFAS information requests should retain experienced New York environmental counsel before submitting any response. How a company responds is a legal judgment with lasting consequences.
The Litigation Pipeline: Water District Cost-Recovery Actions
Multiple Nassau and Suffolk County water districts are actively evaluating cost-recovery litigation against identified PFAS sources. Installing granular activated carbon (GAC) treatment capable of meeting EPA's 4 ppt MCLs at a major Long Island water district can cost tens to hundreds of millions of dollars — plus tens of millions annually in operating costs over the system's lifetime.
Water district plaintiffs can pursue CERCLA Section 107(a) cost recovery, New York Navigation Law Article 12 claims, and common law nuisance and trespass theories. Multiple PRPs are frequently named, each facing potential joint and several CERCLA liability for the full cost of treatment systems. Long Island companies with AFFF use histories, electroplating or metal finishing operations, semiconductor manufacturing, or commercial laundry and dry cleaning are among the most exposed industries.
Proactive Steps for Long Island Manufacturers
Companies with any historical PFAS use should conduct a privileged internal audit of PFAS-related operations, discharges, and disposal before NYSDEC makes first contact. They should audit historical insurance programs — particularly pre-1986 comprehensive general liability policies and environmental impairment liability policies — for potentially responsive coverage. Engaging environmental counsel to develop a NYSDEC engagement strategy and assess voluntary cleanup options under NYSDEC's BCP or VCP is far less expensive than reactive CERCLA defense.
Key Takeaways for Long Island PFAS-Exposed Companies
The window for proactive PFAS action on Long Island is narrowing rapidly. Manufacturers that act from knowledge and preparation — before a government notice or water district lawsuit arrives — consistently achieve far better outcomes than those who wait. A privileged PFAS audit, insurance assessment, and regulatory engagement strategy are the essential first steps.
Rigano LLC represents Long Island manufacturers, industrial companies, and insurers in PFAS source investigations, CERCLA defense, water utility cost-recovery litigation, and insurance coverage disputes throughout Nassau and Suffolk Counties. Contact our Long Island environmental law office for a confidential PFAS exposure assessment.