United States House of Representatives Marie Gluesenkamp Perez (Washington) and Celeste Maloy (Utah) introduced legislation titled:
Water Systems PFAS Liability Protection Act (“Act”).
The objective of the legislation is to provide statutory liability protection for water utilities under the Comprehensive Environmental Response, Compensation, and Liability Act for per – and polyfluoroalkyl substances.
The impetus for the Act was the United States Environmental Protection Agency’s prior designation of two PFAS’s as CERCLA hazardous substances. Drinking water and wastewater utilities have expressed concern that they could be within the scope of CERCLA liability as passive receivers of PFAS.
The Act would shield water systems from CERCLA liability in the event they have complied with applicable laws when disposing of PFAS.
The Representatives stated that the legislation is sponsored by an organization titled The Water Coalition Against PFAS. That organization’s members include:
- Association of Metropolitan Water Agencies.
- National Rural Water Association.
- Water Environment Federation.
- American Waterworks Association.
- National Association of Clean Water Agencies.
A copy of the Act can be downloaded here.
