The American Water Works Association (AWWA), as a member of the
Water Coalition Against PFAS, supports the introduction of
bipartisan legislation that would provide liability protections for
water systems under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) for per-and
polyfluoroalkyl substances (PFAS), and help ensure that polluters,
not the public, pay for PFAS cleanup.
WASHINGTON, April 17,
2024 /PRNewswire-PRWeb/ -- The American Water Works
Association (AWWA), as a member of the Water Coalition Against
PFAS, supports the introduction of bipartisan legislation that
would provide liability protections for water systems under the
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA) for per-and polyfluoroalkyl substances (PFAS), and
help ensure that polluters, not the public, pay for PFAS cleanup.
Protecting water utilities from liability under CERCLA has been a
key objective advanced by AWWA for several years, including this
year at the Association's annual Fly-In.
"Water utilities and their ratepayers
should not be held responsible for sites contaminated with PFAS.
Polluters who manufacture, use, and profit from these chemicals
should be held liable for the contamination that they created,"
said AWWA CEO David LaFrance.
Introduced by Reps. John Curtis
(R-UT) and Marie Gluesenkamp Perez
(D-WA), The Water Systems PFAS Liability Act (H.R. 7944) is a
companion bill to Senate legislation introduced by Sen.
Cynthia Lummis (R-WY), last year.
The bill provides statutory protection for water utilities
considering the upcoming designation of PFAS compounds
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS)
as hazardous substances by the U.S. Environmental Protection Agency
(EPA) under CERCLA. The agency is currently finalizing that
rule.
The protections would only apply to systems that have followed
all applicable laws at the time the material was handled and
disposed.
A CERCLA designation for PFAS exposes drinking water and
wastewater utilities to potential litigation from the manufacturers
of PFAS. PFAS users and producers can leverage litigation to reduce
their own clean-up costs and increase costs for water utilities –
costs that utilities are then forced to pass along to
ratepayers.
"Water utilities and their ratepayers should not be held
responsible for sites contaminated with PFAS. Polluters who
manufacture, use, and profit from these chemicals should be held
liable for the contamination that they created," said AWWA CEO
David LaFrance. "The commitment
Representatives Curtis and Gluesenkamp Perez show in upholding
CERCLA's 'polluter pays' principle is a step in the right
direction, and we look forward to working with Congress to pass
this important legislation."
Last month, the Senate Environment and Public Works Committee
held a hearing titled "Examining PFAS as Hazardous Substances,"
where witnesses documented the potential impact to water systems
and their customers of a CERCLA designation due to the
pervasiveness of PFAS in the environment.
The prevalence of PFAS means that drinking water and wastewater
utilities, which passively receive these substances into their
systems, would face CERCLA liability through their efforts to
remove PFAS from water supplies and provide clean and safe water.
The Water Systems PFAS Liability Protection Act will protect water
systems and their customers from this unfortunate outcome of EPA's
proposed rule.
Established in 1881, the American Water Works Association is the
largest nonprofit, scientific and educational association dedicated
to managing and treating water, the world's most vital resource.
With approximately 50,000 members, AWWA provides solutions to
improve public health, protect the environment, strengthen the
economy and enhance our quality of life.
Media Contact
Greg Kail, American Water Works
Association, 303-913-0063,
gkail@awwa.org, www.awwa.org
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SOURCE American Water Works Association