Passive Receivers Coalition Letter on PFAS Liability

Dear Chairman Carper and Ranking Member Capito:

The undersigned organizations represent local governments and private entities responsible for safeguarding public health and the environment, including drinking water, wastewater treatment, stormwater management, and water recycling facilities, municipal solid waste landfills, and composting facilities. We write to urge that any legislation on per- and polyfluoroalkyl substances (PFAS) that the U.S. Senate Committee on Environment and Public Works (EPW) considers include a specific provision to ensure that the organizations we represent are explicitly recognized as “passive receivers” of PFAS and afford these essential public services a narrow exemption from liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Absent such relief, designation of certain PFAS as CERCLA hazardous substances would shift the “polluter pays” principle of the law to that of a “community pays” model placing the burden of compliance and cleanup onto ratepayers and the public at-large.

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