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Resource Management PFAS Liability Protection Act of 2023
2/16/2024, 7:17 PM
Summary of Bill S 1429
PFAS are a group of man-made chemicals that have been linked to a variety of health problems, including cancer, immune system disorders, and developmental issues. These chemicals are commonly found in products such as non-stick cookware, stain-resistant fabrics, and firefighting foam.
The Resource Management PFAS Liability Protection Act of 2023 seeks to provide liability protection to entities that are responsible for the management and disposal of PFAS-contaminated materials. This protection is intended to incentivize these entities to properly manage and dispose of PFAS-contaminated materials in a safe and responsible manner. Additionally, the bill includes provisions for the monitoring and testing of PFAS levels in water sources, as well as funding for research into the health effects of PFAS exposure. The goal of these provisions is to better understand the scope of the PFAS contamination problem and to develop strategies for mitigating its impact on public health and the environment. Overall, the Resource Management PFAS Liability Protection Act of 2023 represents a bipartisan effort to address the growing concern over PFAS contamination and its potential health risks. If passed, this legislation could have a significant impact on how PFAS-contaminated materials are managed and disposed of in the United States.
Congressional Summary of S 1429
Resource Management PFAS Liability Protection Act of 2023
This bill exempts the owner or operator of a solid waste management facility or a facility that processes compost for sale or distribution to the public from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for releases of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS.
Specifically, such exemption only applies if the release of a PFAS resulted from (1) the disposal or management of any residuals or byproduct of municipal solid waste in accordance with a permit, (2) the disposal or management of biosolids consistent with the Federal Water Pollution Control Act, or (3) the application or processing of compost in accordance with state law.
Liability for damages or costs associated with the release of certain PFAS must not be precluded if an entity acted with gross negligence or willful misconduct.
