French state sued over contaminated tap water

Two associations in north-west France are suing the state in what is thought to be the first legal challenge over its handling of a tap water contamination scandal affecting thousands of households.

The contamination comes from PVC pipes installed in the 1970s and 1980s, which contain residues of vinyl chloride monomer (VCM), a colourless, odourless gaseous substance which has been recognised as carcinogenic.

The French Health Ministry has found that a total of 140,000km of pipes are affected, while public water service operators put the figure at 340,000km, from a total network of almost 900,000km. 

The Connexion reported in September how work has already started to replace some of the pipes. 

In 1998 the European Union fixed a limit of 0.5 micrograms of VCM per litre of water, but it took until 2002 before France made the limits law and until 2019 before water was systematically analysed to find out how much VCM it contained.

Among the highest levels recorded in drinking water in France was one of 738 micrograms per litre in Val de Louyre et Caudeau between Périgueux and Bergerac (Dordogne), taken in July 2022.

The mayor of the commune said the local water syndicate only told him of the problem two years later when they carried out priority work to replace the old plastic pipes with new ones, which do not release VCM. Dordogne is thought to be the department with the most people exposed to VCM.

In Sarthe, two associations which tested water independently in 2022 and found concentrations of VCM 2.4 times higher than the legal limit, have hired a specialist environmental lawyer, Gabrièle Gien, to take the state before a tribunal administratif in Nantes (Loire-Atlantique).

The associations have previously attacked the syndicates in charge of the water network in the department for a lack of transparency over the issue.

“We have asked the judge to ensure the state provides adequate rules to allow identification with much more certainty of the branches of the water network with VCM problems,” Maître Gien told The Connexion.

“We also need rules to ensure the population is properly informed of the risks, and steps they can take to limit the chances of contamination.”

The two associations – Sarthe Citizens' Committee and the departmental branch of France Nature Environnement – are also asking for a “symbolic” €10,000 in damages each.

Maître Gien said Sarthe seemed to be particularly contaminated, but exactly how badly remains unclear.

“After 25 years we still do not know for certain what parts of the network are contaminated, or the cost of replacing the pipes,” she said.

“If, in 2000, the state had put in a system to allow the detection of contaminated water supplies, as it should have, the local water syndicates would not be in the position they are today of having to do the work while under extreme financial pressure.”