PFAS Contamination and Cost Recovery

A Comprehensive Guide for Public and Private Agencies

PFAS Contamination and Cost Recovery Strategies

On March 14, 2023, the Environmental Protection Agency (EPA) announced new regulations for six PFAS substances: PFOS, PFOA, PFNA, PFBS, PFHxS, and GenX. These regulations, which have since been enacted, set federal concentration limits at 4 parts per trillion (ppt), a threshold frequently exceeded in groundwater across the country. PFOS and PFOA have also been designated as hazardous substances, expanding liability to property owners or operators where PFAS-containing products have been used.

The implementation of these regulations requires affected agencies to take on the responsibility of cleanup efforts, which involves installing treatment systems and/or switching to an alternative methods, sources, or equipment. Managing the testing, handling, and disposing of PFAS is a complicated, costly process that demands careful consideration and strategy.

Drinking water so far has received the most attention from regulators in the effort to quickly reduce human exposure. But to tackle the persistent presence of PFAS in source water, communities will have to widen their circles of treatment beyond drinking water. The cost of cleanup will be substantial, and affected entities are rightfully asking: Who will pay for it?

At SL Environmental Law Group, we understand the concerns and challenges that agencies face in dealing with PFAS contamination. Our PFAS Guide discusses which types of PFAS contamination might affect both public and private entities and innovative funding strategies to recover current and future costs. Download your copy today to stay informed and protect your agency from PFAS contamination and related costs.

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Types of Contamination

Beyond drinking water, PFAS contamination is affecting wastewater, landfills, airports, and fire training facilities. Between increasing regulations and public concern over PFAS, affected agencies will continue to garner even more public attention.

Treatment Options

PFAS cleanup often requires complex, expensive treatment processes. Understanding what all of your options are, their pros and cons, and which option is best for you is the first step in choosing the right next steps and understanding cost implications.

Strategy for Cost Recovery

One prominent option to offset the compounding costs of PFAS contamination is to use the legal process to hold PFAS manufacturers accountable, a strategy that has already seen success with drinking water agencies.