AMWA this month asked its members for information on any previous circumstances when their utilities had been identified as a “potentially responsible party” (PRP) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The association plans to use these examples to support its call for a water and wastewater utility exemption from CERCLA liability if per- and polyfluoroalkyl substances (PFAS) are designated as hazardous substances under that statute.
Legislation approved by the House of Representatives in July would require EPA to designate PFAS as hazardous substances within one year, but did not include an exemption for water and wastewater systems that may have previously disposed of PFAS. At the time of the bill’s approval, supporters of the designation language offered to work with AMWA and other water sector organizations about utilities’ liability concerns, but since that time congressional staff have privately questioned whether any such exemption for water systems is necessary.
AMWA hopes that documenting previous examples of water utilities being named PRPs under CERCLA will demonstrate that many could find themselves vulnerable to future liability should PFAS be designated as hazardous substances. If your utility has an example of CERCLA liability it would like to share – either on the drinking water or the wastewater side of operations – please contact AMWA’s Dan Hartnett.