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PFAS/PFOS pollution by 3M, Belgium


Description:

Multinational chemical company 3M released toxic per- and polyfluorinated substances (PFAS) from its Zwijndrecht factory near Antwerp starting in the mid-1970s [1]. These so-called forever chemicals hardly ever break down and accumulate in the food chain and human bodies, posing a serious threat to ecosystems and public health. There are thousands of different PFAS, and they are popular in the industry for their resistance to moisture, grease, heat, and dirt. Although 3M knew of the environmental and health implications associated with PFAS, they continued producing and releasing them for decades.

3M produced PFOS, one of the many kinds of PFAS, between 1976 and 2002 [1]. According to company records, 3M has known their wastewater was contaminated with harmful PFAS since the 1980s [2]. In 2006, measurements of wastewater already showed high concentrations of PFAS [3]. These extraordinary measurements led to 3M’s environmental permit being sharpened in 2008, allowing a maximum PFAS concentration of 30 micrograms per liter. PFAS levels measured in 2011 by far exceed this threshold, but the Flemish Environmental Ministry (VMM) failed to communicate these data to the environmental inspection. It took them until 2016 to report the measurements. In 2019, the environmental inspection finally issued 3M a 7,200 euro fine for the PFAS pollution that had already been measured over a decade earlier [3]. Although 3M claims that PFAS do not pose a health hazard [4], the substances are linked to immune problems, reduced effectiveness of vaccinations, cancer, kidney failure, birth defects, and developmental issues, amongst others [2]. 

After decades of PFAS emissions by 3M, Zwijndrecht is the most PFAS-polluted area in Europe, with groundwater concentrations of up to 73,000 micrograms per liter [5]. Eggs from chickens near 3M have the highest concentrations of PFOS recorded in eggs worldwide [4]. The 3M factory has been discharging polluted water into the Schelde River, which transports PFAS to the Westerschelde (a protected natural area in the Netherlands) and into the North Sea. As such, the Netherlands is unable to comply with European environmental regulations. Fish in the Westerschelde have PFAS levels much higher than fish in the rest of the Netherlands [4]. Because the river has been contaminated, fishermen are advised to no longer fish in the Schelde, which deeply affects their livelihoods [2]. It is now clear that the severe PFAS pollution of the Westerschelde did not only come from 3M, but that waste processing company Indaver had been discharging PFAS in the Schelde as well [4].

After it became publicly known that 3M had been contaminating the environment with PFAS for years, inhabitants of the factory’s surroundings (within a 3 km radius) started getting their blood tested. From these tests, it appeared that over 90% of local residents had too much PFAS in their blood, and 59% of them risk getting severely ill [6]. Based on these concerning findings, the Flemish government introduced several no-regret measures to minimize further PFAS contamination. These measures include instructing residents not to eat fruit and vegetables from their gardens, not to eat eggs from their chickens, not to work with their bare hands in the soil, and to be careful with having their children play outside [7]

With the construction of the new Oosterweel Tunnel in Antwerp starting in 2022, large amounts of polluted soil were dug up, which brought the PFAS pollution to light [1]. Local residents already expressed concerns over the Oosterweel construction project and the dumping of polluted soil near residential areas before the project started [8]. Despite the soil being heavily contaminated with PFAS, state-owned company Lantis made a settlement with 3M to continue constructing the infrastructure project. Lantis and 3M agreed on 3M paying only 75,000 euros in sanitation costs, whereas Lantis would invest 63 million euros of tax revenues into sanitation [1]. 

On July 14, 2021, Greenpeace activists climbed the 3M building to demand the company take on the sanitation costs associated with the pollution they are responsible for [9]. Greenpeace also started a petition demanding that 3M pay all costs relating to their PFAS pollution and that the Flemish government guarantees prioritizing public and employee health [10].

In 2021, the Belgian Council of State decided to stop all of 3M’s production processes involving PFAS [11]. 3M filed an appeal against this decision, but this was rejected by the Council of State.

In 2022, a family living approximately one kilometer from 3M’s factory grounds sued the company and was granted provisional compensation of 2,000 euros [12]. According to the courthouse, the family suffered “excessive neighborly nuisance”, which is partly demonstrated by the fact that their blood contained PFAS levels up to 100 times over the accepted threshold. High concentrations of PFAS were also discovered in their vegetable garden.

In July of the same year, 3M made a sanitation agreement with the Flemish government, which stated the company would invest 571 million euros in sanitation and compensation of the affected area [7]. The sanitation work is planned to be executed between 2024 and 2028 [13].

In the summer of 2023, action collective Darkwater 3M filed a mass claim on behalf of hundreds of residents living within a 15 kilometer radius of the 3M factory [14]. The claim demands 20,000 euros of compensation per affected resident. Since then, 3M has announced its plans to discontinue the use of all PFAS from its operations by the end of 2025 [15].

Basic Data

Name of conflict:PFAS/PFOS pollution by 3M, Belgium
Country:Belgium
State or province:Antwerpen
Location of conflict:Zwijndrecht
Accuracy of locationMEDIUM (Regional level)

Source of Conflict

Type of conflict. 1st level:Industrial and Utilities conflicts
Type of conflict. 2nd level:Chemical industries
Landfills, toxic waste treatment, uncontrolled dump sites
Specific commodities:Chemical products

Project Details and Actors

Project details

- The 3M factory in Zwijndrecht has approximately 300 employees [15].

- The first phase of the sanitation plan for the Zwijndrecht region involves the removal and replacement of 441,000 tons of polluted soil [13].

- The Oosterweel project requires 14 million cubic meters of polluted soil to be excavated [4].

This is a case related to "PFAS pollution by Chemours/Dupont, Dordrecht, The Netherlands" in the EJAtlas, and also to DuPont's contamination in Parkersburg, West Virginia, USA. The conflict in the USA led to the production of the film "Dark Waters" in 2019, and this name is used in 2023 by activists in Belgium.

Level of Investment for the conflictive project571,000,000 euro (sanitation and restoration)
Type of populationSemi-urban
Start of the conflict:1980
Company names or state enterprises:3M (Minnesota Mining and Manufacturing company) from United States of America - Responsible for decades of PFAS pollution from its Zwijndrecht facility
Lantis (Beheersmaatschappij Antwerpen Mobiel (BAM)) from Belgium - Made a deal with 3M to use polluted soil for its Oosterweel project
Indaver from Belgium
Relevant government actors:- Openbare Vlaamse Afvalstoffenmaatschappij (OVAM)
- Vlaamse milieumaatschappij (VMM)
Environmental justice organizations (and other supporters) and their websites, if available:- Grondrecht: https://grondrecht.eu
- Bond Beter Leefmilieu: https://www.bondbeterleefmilieu.be
- Greenpeace: https://www.greenpeace.org/belgium/nl/
- Darkwater 3M: https://www.darkwater3m.be
- Climaxi: https://www.climaxi.be

Conflict & Mobilization

IntensityMEDIUM (street protests, visible mobilization)
Reaction stageMobilization for reparations once impacts have been felt
Groups mobilizing:International ejos
Local ejos
Local government/political parties
Neighbours/citizens/communities
Local scientists/professionals
Fisher people
Forms of mobilization:Community-based participative research (popular epidemiology studies, etc..)
Development of a network/collective action
Lawsuits, court cases, judicial activism
Official complaint letters and petitions

Impacts

Environmental ImpactsVisible: Food insecurity (crop damage), Soil contamination, Waste overflow, Surface water pollution / Decreasing water (physico-chemical, biological) quality, Groundwater pollution or depletion
Potential: Air pollution, Loss of landscape/aesthetic degradation, Biodiversity loss (wildlife, agro-diversity)
Health ImpactsVisible: Exposure to unknown or uncertain complex risks (radiation, etc…)
Potential: Mental problems including stress, depression and suicide, Other Health impacts
Other Health impactsHealth impacts from PFAS exposure include: decreased fertility, high blood pressure among pregnant women, birth defects, developmental effects, heightened risk of prostate, kidney, and testicular cancer, negative impacts on the immune system, hormone changes, and heightened cholesterol levels.
Socio-economical ImpactsVisible: Loss of livelihood
Potential: Violations of human rights, Loss of landscape/sense of place

Outcome

Project StatusIn operation
Conflict outcome / response:Compensation
Court decision (victory for environmental justice)
Project temporarily suspended
Proposal and development of alternatives:Local residents and environmental action groups argue for the immediate discontinuation of all PFAS by 3M. Some groups also argue against the Oosterweel construction project out of concern over further unintended exposure to PFAS. The relocation of polluted soil to 3M property raises concerns over exposure, but is supported by some parties as collecting polluted soil at the company grounds heightens the chances of effective sanitation efforts [8].
Do you consider this an environmental justice success? Was environmental justice served?:Not Sure
Briefly explain:3M has announced its plans to discontinue the use of all PFAS from its operations by the end of 2025 [15]. The mass claim for compensation (a class action suit) is still in process and although 3M has to invest substantially in environmental sanitation, it is impossible to fully undo PFAS pollution once it has been released into the environment.

Sources & Materials

References to published books, academic articles, movies or published documentaries

[2] VPRO Documentary. (6/8/2022). Illegal dumping of toxic substances – VPRO Documentary. Youtube.
https://www.youtube.com/watch?v=RkHR0VedIDk

[4] Zembla. (1/9/2022). Het PFAS-schandaal. BNN VARA.
https://www.bnnvara.nl/zembla/artikelen/het-pfas-schandaal

[3] Lefevere, F. (8/7/2021). 3M loosde te grote hoeveelheden PFOS in de Schelde en de overheid wist dat, maar reageerde jarenlang amper. VRT NWS.
https://www.vrt.be/vrtnws/nl/2021/07/05/3m-loosde-grote-hoeveelheden-pfos-in-de-schelde-en-de-overheid/

[5] Salvidge, R. & Hosea, L. (23/2/2023). Revealed: scale of ‘forever chemical’ pollution across UK and Europe. The Guardian.
https://www.theguardian.com/environment/2023/feb/23/revealed-scale-of-forever-chemical-pollution-across-uk-and-europe

[6] NOS. (26/10/2021). Vlaams gezondheidsagentschap: te hoge pfas-waarden in lichaam omwonenden 3M.
https://nos.nl/artikel/2403182-vlaams-gezondheidsagentschap-te-hoge-pfas-waarden-in-lichaam-omwonenden-3m

[7] Lory, G. (13/3/2023). Residents of Belgian town living through nightmare of ‘forever chemical’ pollution. Euronews.
https://www.euronews.com/my-europe/2023/03/13/residents-of-belgian-town-living-through-nightmare-of-forever-chemical-pollution

[8] Jacobs, S. (9/7/2021). Bewoners stellen gemeente Zwijndrecht en Antwerpen in gebreke in kader van Oosterweelwerken. Greenpeace.
https://www.greenpeace.org/belgium/nl/persbericht/23063/bewoners-stellen-gemeenten-zwijndrecht-en-antwerpen-in-gebreke-in-kader-van-oosterweelwerken/

[9] Greenpeace Belgium. (14/7/2021). ACTIE! We protesteren tegen PFOS-vervuiler 3M in

Zwijndrecht. Greenpeace.
https://www.greenpeace.org/belgium/nl/story/23099/actie-vervuiler-3m/

[10] Greenpeace. (n.d.). De vervuiler betaalt.
https://act.greenpeace.org/page/85229/petition/1?_ga=2.26633013.924660382.1696326729-1873181091.1696326729

[11] Raad van State verwerpt beroep van chemiebedrijf 3M: deel van productie moet wél worden stilgelegd. VRT NWS.
https://www.vrt.be/vrtnws/nl/2021/11/05/raad-van-state-3m/

[12] The Brussels Times. (16/5/2023). PFAS pollution: 3M ordered to compensate affected family.
https://www.brusselstimes.com/506509/pfas-pollution-3m-ordered-to-compensate-affected-family

[13] Darkwater 3M. (n.d.). Het PFAS/PFOS probleem.
https://www.darkwater3m.be

[14] BJS. (1/7/2023). Massaklacht tegen chemiereus 3M: actiegroep eist 20.000 euro per buurtbewoner. AD.
https://www.ad.nl/zwijndrecht/massaklacht-tegen-chemiereus-3m-actiegroep-eist-20-000-euro-per-buurtbewoner~a304d15c/

[15] Greenpeace Belgium. (2/1/2023). PFAS: 3M kapt wereldwijd met ‘eeuwige chemicaliën’. Greenpeace.
https://www.greenpeace.org/belgium/nl/story/29692/pfas-3m-kapt-wereldwijd-met-eeuwige-chemicalien/

Related media links to videos, campaigns, social network

[1] Bloomberg Originals. (23/12/2022). The Toxic Legacy of 3M’s ‘Forever Chemicals’. Youtube.
https://www.youtube.com/watch?v=5CUvPykRxHI

New documentary. 12 June 2023. The class action against 3M in the TV program Een Today by Avro/Tros in the Netherlands. Citizen collective of people in and around Zwijndrecht, Darkwater 3M, launches a class action against chemical company 3M in Belgium.
https://www.wanted.law/en/News/Article/Id/25195/PRESS-The-class-action-against-3M-in-the-TV-program-Een-Vandaag-by-Avro-Tros-in-the-Netherlands

Meta information

Contributor:Layla van der Donk
Last update07/10/2023
Conflict ID:6435

Images

 

Local residents protesting with polluted eggs. The sign reads "We are here for our great-great-great-great-great-grandchildren".

https://www.theguardian.com/environment/2023/feb/23/revealed-scale-of-forever-chemical-pollution-across-uk-and-europe

Greenpeace activists at the 3M factory in Zwijndrecht. The sign reads "Polluter pays".

https://www.greenpeace.org/belgium/nl/story/23099/actie-vervuiler-3m/

Covered polluted soil near the 3M factory in Zwijndrecht

https://www.dewereldmorgen.be/artikel/2021/05/29/tonnen-toxische-pfas-als-bom-onder-oosterweeltunnel/