Necessity of Protecting Water Systems from CERCLA Liability for PFAS

  • Apr 28, 2022
  • Comment Letters

To: Dear Chairman Carper, Ranking Member Capito, Chairman DeFazio, Ranking Member Graves, Chairman Pallone, and Ranking Member McMorris Rodgers

Subject: Necessity of Protecting Water Systems from CERCLA Liability for PFAS

Letter excerpt:

On behalf of organizations representing the nation’s drinking water, wastewater, and water reuse utilities, we request that Congress provide an explicit exemption from liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) if PFAS chemicals are designated as hazardous substances. As organizations dedicated to the protection of public health and the environment, we call on Congress to maintain CERCLA’s bedrock principle of polluter pays, and to reject any policy that seeks to shift the burden for PFAS cleanups onto the public. Where appropriate, Congress has protected certain entities in the past from CERCLA liability, and we ask Congress to do the same for the nation’s water sector in the case of PFAS contamination.1 We further urge robust federal funding to advance understanding of PFAS risks, exposure pathways, and treatment and destruction technologies.

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