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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO WATERS AND NAVIGATION -- PFAS IN DRINKING WATER,

GROUNDWATER AND SURFACE WATERS

     

     Introduced By: Representatives Speakman, Cortvriend, Carson, Bennett, McGaw, Tanzi,
Kislak, Morales, McEntee, and Knight

     Date Introduced: January 28, 2022

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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     SECTION 1. The General Assembly hereby finds:

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     (1) Per- and polyfluoroalkyl substances (PFAS), and other perfluorochemicals are a large

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group of human-made chemicals that have been used in industry and consumer products worldwide

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since the 1950s.

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     (2) PFAS are potentially toxic to humans even in very small concentrations and pose a

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wide range of health threats. They are suspected to cause cancer and have been linked to growth,

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learning, and behavioral problems in infants and children. They can also cause problems with

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fertility and pregnancy; compromise immune systems; and interfere with natural hormones and

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with liver, thyroid, and pancreatic function. Developing fetuses and newborn babies are particularly

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vulnerable to PFAS.

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     (3) PFAS enter the environment from numerous industrial and commercial sources,

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including, but not limited to, air and wastewater emissions during manufacturing processes, from

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the disposal of wastes, goods, and products containing PFAS, and from leachate from landfills.

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     (4) Many PFAS do not break down and persist in the environment for a very long time,

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especially in water, and, consequently, PFAS can be found in many bodies of water and in the

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blood of humans and wildlife.

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     (5) United States manufacturers have voluntarily worked to reduce releases of long-chain

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PFAS due to their toxic effects on human health. The PFAS with fewer than eight (8) carbon-

 

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fluorine bonds currently being used as alternatives to perfluorooctanoic acid (PFOA) and

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perfluorooctane sulfonate (PFOS) are also highly persistent and subject to long-range transport. In

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addition, the alternative PFAS have similar potential for harm as the long-chain PFAS.

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     (6) Over two hundred (200) scientists from all over the world have signed a statement

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calling for governments to limit the use of PFAS while studies determine the safety of these

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chemicals, given their persistence in the environment, potential for harm, and lack of adequate data

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proving safety.

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     (7) To prevent further contamination of state water, and to reduce the potential harmful

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effects of PFAS on human health and the environment, the objectives of this chapter are:

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     (i) Authorize the department of health, in consultation with the water resources board, to

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adopt by rule maximum contaminant level or levels for PFAS to protect the quality and safety of

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the public drinking water supply in compliance with the provisions of chapter 15.3 of title 46;

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     (ii) Prior to adoption by rule of maximum contaminant level or levels for PFAS, require

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public water supply systems to monitor for certain PFAS chemicals and respond appropriately

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when results indicate levels or PFAS in excess of the interim drinking water standard level; and

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     (iii) Require the department of environmental management to adopt groundwater standards

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and surface water quality action levels for certain PFAS chemicals.

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     SECTION 2. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is

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hereby amended by adding thereto the following chapter:

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CHAPTER 32

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PFAS IN DRINKING WATER, GROUNDWATER, AND SURFACE WATERS

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     46-32-1. Short title.

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     This chapter shall be known and may be cited as the "PFAS in Drinking Water,

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Groundwater and Surface Waters Act."

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     46-32-2. Interim drinking water standard and testing requirements.

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     (a) As used in this chapter, "PFAS contaminants" means perfluorooctanoic acid (PFOA),

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perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic

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acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA).

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     (b) On or before July 1, 2023, all public water supply systems in the state as defined by §

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46-13-2, except transient, non-community water systems as defined by the department of health in

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216-RICR-50-05-1 as may be amended, shall conduct monitoring for the presence of PFAS

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contaminants in drinking water supplied by the system. Regular monitoring shall be conducted as

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follows until adoption of maximum contaminant level rules pursuant to § 46-32-4:

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     (1) If monitoring results detect the presence of any PFAS contaminants individually or in

 

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combination in excess of the interim drinking water standard level of twenty parts per trillion (20

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ppt) the public water supply system shall conduct continued quarterly monitoring.

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     (2) If monitoring results detect the presence of any PFAS contaminants individually or in

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combination at a level equal to or below the interim drinking water standard level of twenty parts

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per trillion (20 ppt), the public water supply system shall conduct continued monitoring annually.

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     (3) If monitoring results do not detect the presence of any PFAS contaminants, the public

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water supply system shall conduct continued monitoring every two (2) years.

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     (c) If monitoring results under subsection (b) of this section confirm the presence of any

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PFAS contaminants individually or in combination in excess of the interim drinking water standard

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level of twenty parts per trillion (20 ppt), the department of health shall require monitoring in a

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manner consistent with applicable regulations governing synthetic organic contaminants, including

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but not limited to, requiring a confirmation sample, prior to directing the public water supply system

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to implement treatment or other remedy to reduce the levels of PFAS contaminants in the drinking

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water of the public water supply system below the interim drinking water standard level.

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     (d) On or before July 1, 2023, if the PFAS contaminants exceed the level of twenty parts

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per trillion (20 ppt), the public water supply system shall provide potable water through other means

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to all customers or users of the system. The requirement for a public water supply system to provide

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potable water to customers and users of the systems through other means shall cease when

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monitoring results indicate that the levels of PFAS contaminants in the drinking water of the public

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water supply system are below the interim drinking water standard level of twenty parts per trillion

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(20 ppt).

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     (e) The director of the department of health is authorized to enforce the requirements of

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this chapter in accordance with the provisions of chapter 13 of title 46 and violations will be subject

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to the penalties imposed pursuant to § 46-13-16. A person may contest or appeal a decision of the

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director, a penalty imposed for violation or the fact of violation pursuant to the provisions of chapter

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35 of title 42 (the "administrative procedures act").

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     46-32-3. Drinking water standards for PFAS contaminants.

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     If the director of the department of health decides to publish a notice pursuant to the

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provisions of § 46-32-4(b)(1) then on or before June 1, 2024, the director of the department of

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health shall, pursuant to this section, file under § 42-35-4 a final rule with the secretary of state

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regarding adoption of the interim drinking water standard level of twenty parts per trillion (20 ppt)

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for perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane

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sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and

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perfluorodecanoic acid (PFDA) as a maximum contaminant level (MCL). Upon the effective date

 

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of the final rule, the drinking water monitoring provisions of § 46-32-2 may be suspended,

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modified, or superseded by the provisions of the final rules.

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     46-32-4. Standard for per- and polyfluoroalkyl substances as a class or subclass.

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     (a) If the director of the department of health decides to publish a notice pursuant to the

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provisions of subsection (b)(1) of this section then on or before February 1, 2024, the director of

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the department of health shall initiate a public notice and comment process by publishing a copy

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of the final rules and an advance notice of proposed rulemaking pursuant to § 42-35-2.5 regarding

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the regulation under the rules and regulations pertaining to public drinking water of per- and

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polyfluoroalkyl substances (PFAS) as a class or subclasses.

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     (b) On or before September 1, 2024, the director of the department of health shall either:

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     (1) Publish a notice of proposed rulemaking regarding the regulation of PFAS compounds

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under the rules and regulations pertaining to public drinking water as a class or subclasses; or

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     (2) Publish a notice of decision not to regulate PFAS compounds as a class or subclasses

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under the rules and regulations pertaining to public drinking water that includes, at a minimum, an

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identification or all legal, technical, or other impediments to regulating PFAS compounds as a class

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or subclasses and a detailed response to all public comments received.

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     (c) If the director of the department of health proposes a rule pursuant to subsection (b) of

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this section, the director of the department of health shall file under § 42-35-4 a final rule with the

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secretary of state regarding the regulation of PFAS compounds as a class or subclasses under the

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rules and regulations pertaining to public drinking water on or before June 30, 2025.

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     46-32-5. Groundwater quality standards for per- and polyfluoroalkyl substances.

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     (a) On or before December 31, 2023, the director or the department of environmental

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management shall file under § 42-35-4 a final rule with the secretary of state to adopt groundwater

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quality standards for, at a minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid

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(PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA),

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perfluoroheptanoic acid (PFHxA), and perfluorodecanoic acid (PFDA) consistent with authority

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provided by chapter 32 of title 46.

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     46-32-6. Surface water quality action levels for per- and polyfluoroalkyl substances.

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     On or before December 31, 2023, the director of the department of environmental

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management shall file under § 42-35-4 a final rule with the secretary of state to adopt surface water

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quality action levels to address the contamination of Rhode Island waters from releases of, at a

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minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane

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sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and

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perfluorodecanoic acid (PFDA).

 

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     46-32-7. Investigation of potential sources of per- and polyfluoroalkyl substances

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contamination.

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     (a) On or before November 1, 2023, the director of the department of environmental

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management shall publish a plan for public review and comment to complete a statewide

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investigation of potential sources of per- and polyfluoroalkyl substances (PFAS) contamination.

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As part of this investigation, the director of the department of health shall conduct a pilot project at

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public water systems by an applicable analytical method to evaluate total PFAS. The director of

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the department of environmental management shall initiate implementation of the plan not later

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than January 1, 2024.

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     (b) On or before June 1, 2024, all public water systems shall conduct monitoring for the

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maximum number of PFAS detectable from standard laboratory methods.

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     46-32-8. Landfill monitoring.

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     On or before December 31, 2022, the director of the department of environmental

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management shall file under § 42-35-4 a final rule with the secretary of state to adopt standards and

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procedures for groundwater and leachate monitoring at and around landfills including, at a

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minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane

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sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and

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perfluorodecanoic acid (PFDA).

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     SECTION 3. Section 23-19.14-3 of the General Laws in Chapter 23-19.14 entitled

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"Industrial Property Remediation and Reuse Act" is hereby amended to read as follows:

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     23-19.14-3. Definitions.

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     (a) "40 CFR" means that section or subsection of the code of federal regulations, title 40,

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protection of environment, chapter 1, environmental protection agency. References to the

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administrator, appearing therein, shall be interpreted as referring to the director of the department

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of environmental management.

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     (b) "Bona fide prospective purchaser" means a person who intends to purchase a

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contaminated property, who has documented the intent to purchase the property in writing, and

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who has offered to pay fair market value for the property in the contaminated state. For purposes

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of this chapter, any former owner, former operator, or other person who is otherwise a responsible

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party or any person who had more than ten percent (10%) equitable or other legal interest in the

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site or any of the operations related to the contamination cannot be considered as a bona fide

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prospective purchaser. Once a purchaser has certified their status as a bona fide prospective

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purchaser to the department and the department has acknowledged receipt of such certification, a

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purchaser may maintain that status for up to one year following purchase of the property, unless it

 

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is subsequently found that the purchaser did not meet the criteria for a bona fide prospective

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purchaser as outlined in this section. If the department finds that substantial progress has been made

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in investigating conditions of the site and/or meeting the requirements for a remedial decision letter,

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such status may be renewed by the department for a specified period of time not to exceed one year

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for each renewal.

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     (c) "Hazardous materials" means any material or combination or mixture of materials

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containing any hazardous substance in an amount and concentration such that when released into

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the environment, that material can be shown to present a significant potential to cause an acute or

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chronic adverse effect on human health or the environment. Hazardous material shall also include

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any material that contains a hazardous waste. Hazardous material does not include petroleum for

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the purposes of this chapter.

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     (d) "Hazardous substances" means any substance designated as hazardous pursuant to 40

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CFR 300.5, as is or as amended. Hazardous substance shall not include, for the purposes of this

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chapter, asbestos or radioactive materials. Hazardous substances shall include per- and

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polyfluoroalkyl substances.

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     (e) "Hazardous wastes" means any material defined as hazardous waste pursuant to chapter

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19.1 of this title, and the regulations promulgated under chapter 19.1 of this title.

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     (f) "Operator" means the person responsible for the operation of the activities at the site.

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     (g)(1) "Owner" means the person who owns the site or part of the site.

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     (2) In the case of a receiver, the superior court supervising the receiver shall have

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jurisdiction to determine the nature and extent of the receiver's obligations to comply with the

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provisions of this chapter. Any obligation to comply with the provisions of this chapter shall be

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binding on a receiver solely in his or her fiduciary capacity.

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     (h) "Person" means an individual, trust, firm, joint stock company, corporation (including

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a government corporation), partnership, association, the federal government or any agency or

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subdivision of the federal government, a state, municipality, commission, political subdivision of

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a state, or any interstate body.

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     (i) "Petroleum" means any virgin petroleum product including the following products:

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     (1) Unused distillate and residual oil, including but not limited to gasoline, aviation fuels,

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kerosene, diesel, and heating oils.

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     (2) Unused crankcase oil, lubricants, hydraulic oils, penetrant oils, tramp oils, quench oils,

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and other industrial oils.

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     (j)(1) "Release" shall be defined by 40 CFR 300.5 for purposes of this chapter, but shall

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also exclude any release from a process, activity, or source area allowed under a permit, license, or

 

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approval issued after January 1, 1987 by any regulatory process or legal authority or any release of

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hazardous materials solely derived from common household materials and occurring at the

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household.

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     (2) For purposes of this chapter, release also includes an actual or potential threat of release.

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     (k) "Remedial or response action" means those actions taken to rectify the effects of a

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release of hazardous material, and/or petroleum so that it does not cause a substantial danger to

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present or future public health or welfare, or the environment.

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     (l) "Remediation" means the act of implementing, operating, and maintaining, a remedy,

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remedial action or response action.

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     (m) "Responsible party" has the meaning attributed to it by the provisions of § 23-19.14-6

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or 23-19.14-6.1.

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     (n) "Site" means all contiguous land, structures, and other appurtenances and

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improvements on the land contaminated by the use, storage, release, or disposal of hazardous

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material including the extent of contamination and all suitable areas in very close proximity to the

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contamination where it will be necessary to implement or conduct any required investigation or

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remedial action.

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     (o) "All appropriate inquiries" means an environmental due diligence process for assessing

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a property for presence or potential presence of contamination, in accordance with requirements

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established by the department of environmental management that are not inconsistent with the

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provisions of 40 CFR 312 establishing federal standards for all appropriate inquiries.

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     (p) "Letter of Compliance" means a formal, written communication from the department

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signifying that the remedial action has been satisfactorily completed and the objectives of

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environmental clean-up, pursuant to § 23-19.14-4 have been met.

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     (q) "Remedial Decision Letter" means a formal, written communication from the

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department that approves a site investigation, identifies the preferred remedial alternative and

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authorizes the development of a remedial action work plan in order to achieve the objectives of

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environmental clean-up.

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     (r) "Per- and polyfluoroalkyl substances" means perfluorooctanoic acid (PFOA),

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perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic

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acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA).

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     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- PFAS IN DRINKING WATER,

GROUNDWATER AND SURFACE WATERS

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     This act would authorize for the department of health to take action to establish maximum

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contaminate levels for per- and polyfluoroalkyl substances (PFAS) in drinking water and set interim

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standards. The act would also provide that the department of environmental management set

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standards for PFAS in ground and surface waters, and adopt standards for PFAS monitoring at

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landfills.

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     This act would take effect upon passage.

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