Water Systems PFAS Liability Protection Act

To exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. 1. Short title This Act may be cited as the Water Systems PFAS Liability Protection Act 2. Exemption of water and wastewater treatment facilities from CERCLA liability for releases of PFAS (a) Definitions In this section: (1) Covered perfluoroalkyl or polyfluoroalkyl substance The term covered perfluoroalkyl or polyfluoroalkyl substance 42 U.S.C. 9601 (2) Indian tribe The term Indian Tribe 25 U.S.C. 5304 (3) Protected entity The term protected entity (A) a public water system (as defined in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f (B) a publicly or privately owned or operated treatment works (as defined in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 (C) a municipality to which a permit under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 (D) a political subdivision of a State or a special district of a State acting as a wholesale water agency; and (E) a contractor performing the management or disposal activities described in subsection (c) for an entity described in any of subparagraphs (A) through (D). (b) Exemption Subject to subsection (c), no person (including the United States, any State, or an Indian Tribe) may recover costs or damages from a protected entity under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (c) Requirements Subsection (b) shall only apply if a protected entity transports, treats, disposes of, or arranges for the transport, treatment, or disposal of a covered perfluoroalkyl or polyfluoroalkyl substance— (1) in a manner consistent with all applicable laws at the time the activity is carried out; and (2) during and following the conveyance or treatment of water under Federal or State law, including through— (A) the management or disposal of biosolids consistent with section 405 of the Federal Water Pollution Control Act ( 33 U.S.C. 1345 (B) the discharge of effluent in accordance with a permit issued under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 (C) the release or disposal of water treatment residuals or any other byproduct of drinking water or wastewater treatment activities, such as granulated activated carbon, filter media, and processed waste streams; or (D) the conveyance or storage of water for the purpose of conserving or reclaiming the water for water supply. (d) Savings provision Nothing in this section precludes liability for damages or costs associated with the release of a covered perfluoroalkyl or polyfluoroalkyl substance by a protected entity if that protected entity acted with gross negligence or willful misconduct in the discharge, disposal, management, conveyance, or storage of the covered perfluoroalkyl or polyfluoroalkyl substance.

Summary: 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.