FAQ - SL Environmental Law Group

You found PFAS contamination in your water. Whether your water system needs to take immediate action, is preparing for upcoming regulation in the state, or wants to understand the impact of impending federal regulation, you may be wondering:

What are current federal regulations, and where are they heading?

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After requiring testing for some PFAS compounds in most public drinking water supplies in 2018, the U.S. Environmental Protection Agency has once again mandated testing for all water suppliers beginning in 2023 and is moving toward a nationwide regulatory limit for certain PFAS compounds in drinking water that is expected to be far lower than what many states currently have in place. In addition, the EPA further announced plans to designate PFAS as a hazardous chemical under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

What PFAS state laws and regulations impact water suppliers?

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In response to the growing problem of drinking water contaminated with PFAS, many states are establishing their own regulations and laws governing levels allowed in drinking water without causing adverse health effects, and the remedial action to be taken if these contaminants are found in water sources, used in consumer products, and more. Regulations and laws vary dramatically by state.

What should a water system do once it finds water contamination?

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Systems that have detected PFAS in any of their sources are encouraged to consult with legal counsel to explore recourse that protects their rights and holds the manufacturers responsible.

An experienced attorney will discuss how you have been impacted and if there are any operational changes resulting from the contamination. If there are, the firm will evaluate any relevant legal issues and can begin to obtain necessary documents. If the utility decides to go ahead with litigation, the lawyers will file a lawsuit and work with the system staff to prepare the required documents for litigation.

What kind of treatment systems are effective at removing PFAS?

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There are currently three proven treatment technologies for PFAS removal:

Granular Activated Carbon (GAC): This treatment, the most studied for PFAS removal, uses activated carbon to adsorb compounds and chemicals in water at the phase between liquid and solid. The activated carbon is made from organic materials, like wood, coconut, or coal, that have high carbon content and is used in its granular form.
Anion Exchange (IX): Resins that are either negatively or positively charged attract and remove contaminants that carry the opposite charge. Depending on the type of PFAS, IX can be just as effective as GAC but can be more expensive to operate.
Nanofiltration (NF) and Reverse Osmosis (RO) Membranes: While the most expensive option, these types of membranes are extremely effective at removing PFAS. They differ on how tight the membranes are, which may have a different impact on treating long chain versus short chain PFAS compounds. Membranes are generally useful in treating smaller volumes of water since they often require a large volume of water for backwashing.

Choosing the right solution, or combination of them, will depend on each system's unique situation. This can include weighing factors such as: State and Federal regulations, other compounds found in the water that might impact treatment and testing, and the space needed to build new or upgrade existing treatment plants. It’s important to be open, flexible, and thorough when considering treatment options.

In addition to treatment, or while treatment is underway, systems may also consider temporarily or permanently removing a well from service, changing water sources and/or blending water from various sources to create a supply with lower PFAS MCLs.

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What is the best way to communicate with the community about water contamination?

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It is critical that systems establish themselves as the customer’s trusted source of information for PFAS. A recent study by the Water Research Foundation found that customers are most concerned about what the utility is doing to manage and reduce PFAS in water, the health concerns or risks associated with PFAS exposure and what they can I do to protect themselves from PFAS exposure.
The Centers for Disease Control advocate six touch points for effective communication:

Be First
Be Right
Be Credible
Express Empathy
Promote Action
Show Respect

What kind of costs does my water system need to plan for?

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To address PFAS contamination, water suppliers face shutting down contaminated water sources, purchasing water from other jurisdictions and implementing a clean-up plan that often includes building and operating a new treatment facility to remove the contaminants. The costs to test, treat and identify alternative sources of water, and fund ongoing operations and maintenance, can be in the millions of dollars.

How can water systems recover costs for PFAS treatment without passing that expense onto its ratepayers?

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There is evidence showing that chemical companies knew PFAS was harmful as far back as the 1950s but continued manufacturing and selling products containing the chemicals. Under product liability law, systems can sue the chemical companies responsible for costs related to PFAS cleanup. In addition to protecting the system’s financial resources, pursuing legal action demonstrates to the community that health and safety are priorities.

Can utilities sue at any time to recover treatment costs, or are there statutes of limitations to be considered?

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Most states have a statute of limitations after contamination is discovered or reasonably should have been discovered for lawsuits to be filed against parties potentially responsible for PFAS pollution. However, statutes of limitations can provide for exceptions and statutes of repose may apply to some claims.

Systems that are considering legal action against manufacturers or others responsible for the contamination of their supplies should consult with legal counsel at the first opportunity. Being among the first to act may result in more generous settlements and ensures that the lawsuit is scheduled into busy court dockets as early as possible.

PFAS FAQs