New N.C. Regulatory Proposal Puts Burden of PFAS Clean-Up Costs on Polluters, Not Ratepayers

December 2, 2023

Read the full article by Bradford A. De Vore (The National Law Review)

"PFAS contamination in drinking water is under increasing regulatory scrutiny, not only from the EPA and other federal agencies, but state regulatory bodies across the country. The latest development comes from North Carolina, where Gov. Roy Cooper and state lawmakers announced plans to ensure that alleged polluters—and not water customers—pay the costs of PFAS clean-up.

North Carolina House Bill 864 would empower the North Carolina Department of Environmental Quality (DEQ) to order “the responsible party to pay the public water system any actual and necessary costs incurred by the public water system to remove, correct, or abate any adverse effects upon the water supply resulting from the contamination for which the person is responsible.” Gov. Cooper supports this bill, which received bipartisan sponsorship in the House.

Earlier this month, DEQ presented its plans to draft rules governing regulatory standards for six PFAS compounds in groundwater and surface water. The agency plans to present additional scientific evidence for these standards this fall. Such regulatory standards must be approved by the state’s Environmental Management Commission."