NORTH HEMPSTEAD, N.Y. (CBSNewYork) — The battle over PSEG Long Island’s controversial towering new utility poles continues.

Last September, the Town of North Hempstead ordered PSEG Long Island to post signs warning that the poles have been treated with the chemical penta, a cancer-causing carcinogen that is not allowed in drinking water.

READ MORE: Police: Man Stabbed In Head With Machete After Argument At Walmart In Kearny, N.J.

In a new lawsuit, the utility argues that a signage mandate is unworkable and violates their free speech, WCBS 880’s Mike Xirinachs reported.

“The town of North Hempstead is the only town that has an ordinance like this, on its books, in the country,” PSEF Spokesman Jeff Weir said. “We believe it is an infringement on our rights. This chemical being used on the poles is approved for use by the United States EPA.”

A spokesman for PSEG Long Island told TV 10/55 last September that it doesn’t put penta on the poles, the manufacturers do, and that for decades, the federal government has approved the chemical for this use.

“We reached out to PSEG. We asked them to do things, to raise consciousness about this. They declined. They said it was on their website. We felt that wasn’t quite enough,” North Hempstead Town Supervisor Jude Bosworth told CBS2’s Jennifer McLogan.

Because of penta’s links to liver disease and cancer, the EPA banned it for use in herbicides to protect drinking water.

For months, PSEG Long Island has faced protest for adding the towering power poles throughout Long Island, saying it will greatly help reduce power outages.

Several towns have asked the utility to remove the poles.

READ MORE: 19-Year-Old Shot In Brooklyn, Police Searching For Suspect

“There are tons of children in this neighborhood, and children are always touching things, putting things in their mouths,” Floral Park homeowner Tony Killikelly said.

“I think people have a right to know what kind of hazardous chemical might be involved. I myself had breast cancer,” Karen Artinian, of Manhasset, said.

Homeowner Frank Letini said there is a solution to all the uproar — bury the lines.

“That’s an investment in the future, just like the roads,” he said. “The lines should have been buried.”

Others, sick of signs and clutter, called the need an overreaction.

“I don’t think they should put up the signs because they are scaring the people more with it,” Williston Park resident Georgia Megaris said.

If PSEG loses its lawsuit, ratepayers may have to foot the bill for the signs.

“It’s very unfair, it is their problem, they should correct it and they should pay for it,” Thomas Buzzitta, of Manhasset, said.

MORE NEWS: Group Of Women Accused Of Assaulting, Robbing Victim After Inviting Her To Party On Instagram

The town supervisor is calling on the utility to use carcinogenic-free, untreated, composite poles as alternatives.