PLACEMENT: Consent
TITLE:
title
BOARD OF COUNTY COMMISSIONERS' APPROVAL TO SUPPORT THE WATER SYSTEMS PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) LIABILITY PROTECTION ACT S.1430 -118TH CONGRESS (2023-2024)
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EXECUTIVE SUMMARY:
executive summary
Senate Bill 1430 exempts specified water management entities, including public water systems, from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for releases of certain perfluoroalkyl or poly-fluoroalkyl substances, commonly referred to as PFAS. Support of S.1430 will help ensure polluters, not the public, pay for PFAS cleanup.
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DEPARTMENT: Utilities and Solid Waste
PREPARED BY: Name: Anne Murray
Title: Hydrogeologist / Water Resources Coordinator
REQUESTED BY: Samuel Amerson, P.E., Utilities & Solid Waste Director
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
This proposed rule is under final review this spring; Congress must ensure that water and wastewater utilities and their ratepayers are not liable for PFAS contamination remediation. Support of S. 1430, the Water Systems PFAS Liability Protection Act, introduced by Sen. Cynthia Lummis, would preserve the "polluter pays" principle under CERCLA and ensure that water and wastewater utilities can continue focusing on maintaining water quality.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve support of S. 1430 - Water Systems PFAS Liability Protection Act and authorize the Director of Utilities & Solid Waste to sign support letters to Senators Scott and Rubio.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATI...
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