Virginia boat owner joins class-action suit against DC Water over Potomac Interceptor sewage spill

A Great Falls, Virginia, boat owner is suing DC Water, accusing it of failing to put in proper preventative measures prior to the Potomac River sewage spill.

A 6-foot-wide section of the Potomac Interceptor sewage pipeline collapsed on Jan. 19, sending more than 200 million gallons of wastewater into the Potomac River near the Clara Barton Parkway. 

Plaintiff Nicholas Lailas, a medical doctor, claims in the lawsuit that DC Water knew parts of the pipeline were corroded, noting that other sections of pipe near the one that collapsed underwent repair work starting in September. He also alleges that the utility knowingly operated the risky section of pipe without taking safeguard measures, even though it had not yet been repaired.  

The plaintiff says his 45-foot boat draws in Potomac River water for various onboard functions. With the river water contaminated by the bacteria E. coli in the aftermath of the sewage spill, Dr. Lailas said in his complaint that he’s had to pay for decontamination and has not been able to use his boat recreationally.

“It’s an inboard motor. And as soon as he turns it on, it’s going to pull all that excrement and other sewage into his, into his engine. … We have property owners and, you know, they’ll have to clean up. They might have to make a diminished value,” Andrew Levetown, one of the attorneys representing Dr. Lailas and other plaintiffs, told Maryland’s WDVM-TV.

DC Water spokesman John Lisle told Washington’s WRC-TV that the Potomac Interceptor section collapse was “a serious and unexpected event, and our teams remain focused on the response, environmental protection and restoration efforts. Because this matter is currently subject to ongoing litigation, it would not be appropriate for us to comment further at this time.”

The class-action suit seeks relief under federal laws, including the Clean Water Act.

The plaintiffs also want the court to direct DC Water to repair the collapsed section “on an expedited schedule,” develop a monitoring system for the pipeline prioritizing the highest-risk sections, report regularly on repair status and overall condition of the Potomac Interceptor, and to put interim measures like containment systems and prepositioned bypass equipment in place, according to a release from the Hagens Berman Sobol Shapiro law firm that is also representing Dr. Lailas and any other class-action plaintiffs.

People who own or occupy real property within 15 miles downstream of the collapse site, people who own boats that were moored in locations within 15 miles downstream of the collapse site, and people who had to pay costs for disruption to their business, for cleaning and decontamination or for other economic losses, are considered part of the class, the Hagens Berman Sobol Shapiro law firm said.