This spring, the California State Water Resources Control Board (“Water Board”) issued environmental investigative orders under Water Code Section 13267 to airports and landfills across the state believed to have used or accepted per- and polyfluoroalkyl substances (“PFAS”) containing material. PFAS are a type of man-made chemical commonly used in aqueous firefighting foam, carpeting, furniture, cookware and other consumer products because of their resistance to heat, water and oil.
The Water Board also issued orders to operators of drinking water systems within a two mile radius of the identified airports and within a one mile radius of the identified landfills. The investigative orders require the operators to conduct analyses to detect potential PFAS contamination in the water.
This summer, the Water Board will initiate Phase II of its PFAS investigation and expects to issue investigative orders to refineries, bulk terminals, and non-airport fire training facilities. The Water Board is confirming that there are no manufacturers of PFAS in California, but if any are identified, Phase II will also target PFAS manufacturers.
These investigative orders direct recipients to take certain actions by specified dates and a failure to comply may result in significant penalties being levied up to $25,000 per violation per day. Those in receipt of an order to investigate should consult counsel as there are steps to take to protect their interests and minimize current and future legal exposure.
If you would like more information about the Water Board’s PFAS investigation and how it may affect you or your business, please contact us at [email protected].
© 2019 – Hartman King PC. All rights reserved. The information in this article has been prepared by Hartman King PC for informational purposes only and does not constitute legal advice.
