Frequently Asked Questions

Common questions about eligibility, the settlement process, and how we protect your municipal budget.

  • This is a civil class action settlement. It is not a regulatory program. While the EPA regulates water standards, they do not manage private legal settlements between chemical manufacturers and water systems. Notification was primarily sent via legal notices to registered system contacts. It is common for these notices to be missed or discarded as "junk mail" by busy administrative staff.

  • You can verify the settlement through official court documents. This is part of the Multi-District Litigation (MDL) No. 2:18-mn-2873 in the United States District Court for the District of South Carolina. The settlements with 3M and DuPont were finalized in 2024. Phase 1 payments are already being distributed to participating water systems. During our consultation, we can provide copies of the Court Approval Orders for your legal counsel to review.

  • You can, but law firms are built for litigation, not data aggregation. A direct engagement often requires your city staff to do the heavy lifting. You would have to gather years of testing data, fill out complex forms, and prove damages. ERCZilla acts as your project manager. We do the administrative legwork that law firms typically demand from their clients. We ensure your claim is complete, accurate, and optimized before it ever reaches the court.

  • $0 upfront. No hourly billing. Our fee is a percentage of the recovered funds only.

  • The primary deadline for Phase 2 claims is July 2026. However, testing and documentation take months to prepare. Waiting until 2026 is risky.

  • Likely yes. Even systems with "non-detects" may be eligible for Testing Cost Reimbursements. Furthermore, testing technology has improved. New tests may be required to secure your release of liability.

  • We function as a specialized claims administrator. While law firms handle the court filings, we handle the forensic data work. We audit your historical water data, coordinate required testing, and assemble the "proof of claim" documentation. We act as the bridge between your Public Works department and the Settlement Administrator.

  • Yes. The Claims Administrator allows municipalities to file pro se (on their own). However, the formulas are complex. They rely on specific "Impacted Water Source" calculations and Flow Rate adjustments. If you misclassify a water source or fail to document specific remediation costs, your payout could be permanently reduced or denied entirely. We ensure every eligible dollar is claimed and the paperwork is defect-free.

  • The Action Fund is the primary payout based on a formula of contamination levels and flow rates. The Special Needs Fund is an additional pot of money for systems that have already spent significant capital on remediation (such as taking wells offline or building new treatment plants). We audit your past spending to ensure you apply for both if eligible.

  • No. Participating in the settlement is a financial decision. It is not a health admission. Settlement testing is performed on source water (raw water from the ground or river), not the finished drinking water sent to homes. Many municipalities with perfectly safe drinking water are participating simply to recover testing costs and hold manufacturers accountable.

  • If you are a Phase 2 eligible system and do not file a claim by July 2026, you forfeit your right to payment. You also lose your right to sue 3M and DuPont for this specific contamination in the future. You would be releasing the manufacturers from liability without receiving any compensation.

  • The primary deadline for Phase 2 claims is July 2026. However, the process takes time. We must schedule testing, wait for lab results (which can take 4 to 8 weeks), analyze the data, and prepare the legal filing. We strongly advise starting the process before January 2026 to avoid the rush.

  • It is designed to be low-effort for your team.

    1. Discovery Call (15 min): We verify your system ID and eligibility.

    2. Data Access: You grant us access to your EPA UCMR data or past test results.

    3. Gap Analysis: We determine if new testing is needed.

    4. Proposal: We present a simple agreement for your City Manager or Council to review.

  • Payments are distributed on a rolling basis. Phase 1 systems are receiving payments now. Phase 2 payments generally begin after the claims deadline passes and the Administrator validates the total claim volume. Typically that happens within 9-18 months of the deadline.

  • We operate on a strict "success fee" model. We cover all upfront costs. This includes the cost of required PFAS testing. We only get paid a percentage of the funds actually recovered for your municipality. If we fail to recover funds, you owe us $0. This effectively removes the financial risk from your budget.

  • Likely yes. Even if your water is clean, you may be eligible for the Testing Cost Reimbursement Fund. Additionally, previous testing methods may not have been sensitive enough to detect low levels of PFAS that now qualify for compensation. We recommend running a new, high-sensitivity test (which we pay for) to confirm your status and ensure you receive a Release of Liability from the manufacturers.