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PFAS briefing: district alerted to potential CERCLA liability and federal bills that could affect wastewater agencies
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Summary
A presenter told the board that PFOA and PFOS drinking‑water levels remain at 4 parts per trillion and that CERCLA cleanup liability for PFAS in biosolids could implicate wastewater agencies; pending federal bills (HR 1267, S. 1430) may offer liability protections and the board was asked to consider advocacy.
An invited presenter briefed the board on per‑ and polyfluoroalkyl substances (PFAS), describing two areas of concern for local wastewater agencies: drinking‑water maximum contaminant levels for PFOA and PFOS and potential CERCLA liability for historical disposal of PFAS‑containing biosolids.
The presenter said the current maximum contaminant level cited for PFOA and PFOS is 4 parts per trillion and noted that, because PFAS are widespread, trace amounts are present in most sludge. Under CERCLA, entities that arranged disposal of a hazardous substance may be potentially liable for cleanup costs, the presenter said.
The briefing identified two bills in Congress, HR 1267 and Senate bill 1430, and suggested the board may wish to consider sending a letter or otherwise engaging with national organizations (NAWQA, CASA, AWWA) to seek liability protections for passive entities so that ratepayers are not left responsible for remediation costs tied to industrial producers of PFAS.
Directors asked clarifying questions and acknowledged the issue’s potential implications for ratepayers; no formal board position was taken in the meeting record.
