A class action lawsuit has been filed in the state circuit court in Collier County, Florida against Orange Tree Utility Co. The lawsuit is brought on behalf of water customers of Orange Tree in the Naples area, who claim that the water fails to meet safe water standards, has an unpleasant appearance, taste and odor, and may cause health problems. The suit alleges that Orange Tree Utility Co. has consistently ignored consumer complaints about the quality of the water and seeks damages for medical bills, property damage and the cost of extra water filtration devices.
For 12 years, named plaintiff Eugenia Pickard drank the water that came out of the taps at her Orange Tree home. That stopped the day the notice arrived from Orange Tree Utility Co. last fall. The notice said that tests of the utility's water found violations of safe drinking water standards for two chemicals that are a byproduct of the disinfection process and could pose health problems. In December, the utility received permission from the Collier County Water and Wastewater Authority to raise its water service base charge by 40 percent. That's when Pickard went to court. "I just decided somebody had to take a stand," Pickard, 55, said. "This isn't fair. This isn't right."
Orange Tree's customers include residents of Twin Eagles, Orange Tree, Waterways, Valencia Lakes, Citrus Greens and homes on 33rd Avenue. The utility also serves Corkscrew Elementary School, Corkscrew Middle School and Palmetto Ridge High School.
Water samples the utility collected July 28, 2004 had levels of trihalomethanes, or THMs, and haloacetic acids, or HAAs, at between four and seven times the legal limit. A new state law required the utility to test the water for those chemicals for the first time in 2004.
Some people who drink water with too many THMs over many years might experience problems with their livers, kidneys or central nervous systems and might have an increased risk of cancer, according to the U.S. Environmental Protection Agency.
The EPA says some people who drink water with HAAs over the allowable limit over many years may have an increased risk of cancer. The state Department of Environmental Protection recommends that pregnant women seek advice from their doctors and minimize exposure to THMs by boiling water or using home filters.
In a notice to its customers last September, the utility questioned the validity of the water test results, saying only that there was a "possible problem." The DEP fined the utility $750 for sending out an inadequate notice. Since then, the DEP has fined the utility again — $4,500 for having low residual chlorine levels in drinking water at Twin Eagles.