HomeMy WebLinkAboutDocumentation_Regular_Tab 06_7/10/2025 Agenda Item #6.
Regular Council
STAFF MEMO x
Meeting: Regular Council - Jul 10 2025
Staff Contact: Jeremy Allen, Village Manager Department: Manager
Consider Approval of PFAS Legislation that Includes Municipal Liability Protection
Recently, the U.S. Environmental Protection Agency released two final rules related to PEAS drinking water
contamination and regulating PFAS chemicals as hazardous substances under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA). These final rules will have huge cost
and liability implications for local governments. While the Bipartisan Infrastructure Law provides $10 billion
over five years in dedicated funding to address PFAS and emerging contaminants, this funding will not be
enough to cover the costs at the local level.
Last Congress, the Senate Environment and Public Works (EPW) Committee released draft bipartisan
legislation to improve the mitigation and remediation of PEAS contamination by providing new resources at the
federal, state, and local levels. The draft legislation is a good start and advances several NLC priorities around
the detection,reduction, destruction, and remediation of PEAS.
NLC is advocating for liability protection for municipal drinking water, wastewater, and stormwater utilities,
landfills and solid waste facilities, airports, and fire departments—entities that are "passive receivers" of
materials that contain PEAS chemicals and entities that were federally mandated to use firefighting foam that
contained PFAS. This language is essential to ensuring adherence to a "polluter pays" model, rather than
shifting the financial burden onto communities and taxpayers.
While the Senate Committee draft legislation does not include the municipal liability protection language,
standalone bipartisan legislation has been introduced in the House (H.R. 1267), which NLC supports.
By the Village Council approving support for legislation that includes language with Municipal Liability
Protection, staff will work with NLC representatives and Legislators to advocate for language to be included in
future Bills.
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Agenda Item #6.
COMMENTS/EXPLANATION ON SELECTIONNA
POTENTIAL MOTION - • •
Approve support of legislation that includes language with Municipal Liability Protection.
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