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Water Systems PFAS Liability Protection Act
2/16/2024, 7:17 PM
Summary of Bill S 1430
PFAS are a group of man-made chemicals that have been used in a variety of products, including firefighting foam, non-stick cookware, and water-repellent fabrics. These chemicals have been linked to a range of health issues, including cancer, thyroid disease, and developmental delays.
The Water Systems PFAS Liability Protection Act would shield public water systems from legal liability related to the presence of PFAS in their water supply. This would help ensure that these systems can continue to provide clean and safe drinking water to their communities without facing financial ruin from potential lawsuits. Supporters of the bill argue that it is necessary to protect public water systems from the high costs associated with cleaning up PFAS contamination. They also believe that it is important to hold the manufacturers of PFAS chemicals responsible for the pollution they have caused. Opponents of the bill, however, argue that it lets public water systems off the hook for their role in allowing PFAS contamination to occur. They believe that these systems should be held accountable for failing to properly monitor and treat their water supplies. Overall, the Water Systems PFAS Liability Protection Act is a complex piece of legislation that seeks to balance the need to protect public water systems with the need to hold polluters accountable. Its fate in Congress remains uncertain as lawmakers continue to debate its merits and drawbacks.
Congressional Summary of S 1430
Water Systems PFAS Liability Protection Act
This bill exempts specified water management entities 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, the entities covered under the bill are public water systems, publicly or privately owned or operated treatment works, municipalities with a stormwater discharge permit, political subdivisions or special districts of a state that act as a wholesale water agency, and contractors performing the management or disposal activities for such entities.
Under the bill, the exemption only applies if a specified entity transports, treats, disposes of, or arranges for the transport, treatment or disposal of PFAS consistent with applicable laws and during and following the conveyance or treatment of water under federal or state law, such as through the management or disposal of biosolids consistent with the Federal Water Pollution Control Act.
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.
