Last month, the Delaware House of Representatives and Senate passed Concurrent Resolution No. 20 (the “Resolution”) related to aqueous film forming foam (AFFF). While concurrent resolutions lack the force and effect of law, they may form joint task forces or express requests from the legislature.

Used as a fire suppressant, AFFF is a known source of per- and polyfluoroalkyl substances (PFAS) and can contaminate the environment when it seeps into groundwater or other media. The Resolution primarily requests that the Delaware State Fire School (DSFS) (1) develop an inventory of AFFF stored in the State and (2) propose a plan for AFFF’s safe disposal.

Passed in both chambers, the Resolution first requests the DSFS to account for and report inventories of AFFF from Delaware Fire Departments and Fire Companies. This information would ultimately guide the DSFS’s disposal plan.

The Resolution calls for the safe disposal of AFFF and requests the DSFS to provide a proposed disposal plan to government officials by May 1, 2023. The DSFS previously made efforts to dispose of and replace its own AFFF supplies. The new plan would describe the time needed to collect and dispose of the AFFF, the proposed disposal method, any potential environmental impacts associated with disposal, the disposal’s cost, and safe alternatives to AFFF, including their costs.

The bottom line: the Resolution indicates the legislature’s interest in understanding and addressing AFFF. If acted upon, this Resolution would put Delaware in a better position to prudently dispose of AFFF stored across the State.

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