Section 424-C - Perfluoroalkyl and polyfluoroalkyl substances in firefighting or fire-suppressing foam1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Discharge" means a release by any means, including, but not limited to, spilling, leaking, pumping, pouring, spraying, emitting, disposing, escaping, emptying or dumping, whether intentional or unintentional. [2021, c. 449, §1(NEW).]B. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning as in Title 32, section 1732, subsection 5-A. [2021, c. 449, §1(NEW).]C. "Person" means a natural person, firm, association, partnership, corporation or trust; the State or any agency of the State; a governmental entity or quasi-governmental entity; the United States or any agency of the United States; or any other legal entity. [2021, c. 449, §1(NEW).] [2021, c. 449, §1(NEW).]
2.Discharge prohibited. Beginning January 1, 2022, a person may not discharge or cause to be discharged for testing or training purposes a firefighting or fire-suppressing foam to which PFAS have been intentionally added unless the foam is entirely collected by the person for proper disposal. Nothing in this subsection prohibits a person from discharging or causing to be discharged in an emergency situation to protect life or property a firefighting or fire-suppressing foam to which PFAS have been intentionally added.
[2021, c. 449, §1(NEW).]
3.Discharge reporting. A person that discharges or causes to be discharged firefighting or fire-suppressing foam to which PFAS have been intentionally added into or upon any coastal waters, estuary, tidal flat, beach or land adjoining the seacoast of the State or into or upon any lake, pond, river, stream, sewer, surface water drainage, groundwater or other waters of the State or any public or private water supply or onto land adjacent to, on or over such waters of the State shall report the discharge to the department as soon as practicable, but no later than 24 hours after the discharge occurs. [2021, c. 449, §1(NEW).]
4.Manufacture, sale and distribution prohibited. Beginning January 1, 2022, a person may not manufacture, sell, offer for sale, distribute for sale or distribute for use in the State a firefighting or fire-suppressing foam to which PFAS have been intentionally added, except when:A.[Repealed effective 1/1/2025] Such foam is manufactured, sold or distributed for use at an oil terminal facility in the State. As used in this paragraph, "oil terminal facility" has the same meaning as in section 542, subsection 7. This paragraph is repealed January 1, 2025; [2021, c. 583, §1(AMD).]
B. Such foam is manufactured, sold or distributed for use at an airport in the State, as long as the foam is required by federal law or regulation to be used at airports for firefighting or fire-suppressing purposes, including, but not limited to, as required by 14 Code of Federal Regulations, Section 139.317 as that section existed on January 1, 2021. If, on or after January 1, 2022, no federal law or regulation requires the use of such foam at airports for firefighting or fire-suppressing purposes, the exception in this paragraph to the prohibition in this subsection does not apply; or [2021, c. 583, §1(AMD).]C. Such foam is manufactured, sold or distributed for a marine defense application and the use of the foam is required by the United States Department of Defense. [2021, c. 583, §1(NEW).] A person that manufactures for sale or distribution in the State a firefighting or fire-suppressing foam shall, upon the request of the department, provide the department with a certificate of compliance certifying that the foam does not contain intentionally added PFAS or is excepted from the prohibition in this subsection under paragraph A, B or C.
[2021, c. 583, §1(AMD).]
5.Notice and recall. Except as provided in subsection 4, paragraph A, B or C, on or before January 1, 2022, a person that manufactures firefighting or fire-suppressing foam to which PFAS have been intentionally added and, prior to January 1, 2022, sold, offered for sale or distributed such foam for sale or use in the State shall: A. Provide written notification regarding the prohibition in subsection 4 to any person in the State that, prior to January 1, 2022, received such foam from the manufacturer for sale, distribution or use in the State; and [2021, c. 449, §1(NEW).]B. Issue a recall of all such foam, which must include a process by which a person in the State that received such foam will be reimbursed by the manufacturer for the recalled foam. [2021, c. 449, §1(NEW).] [2021, c. 583, §2(AMD).]
6.Administration and enforcement; rules. The department shall administer and enforce this section and may adopt rules as necessary to implement and administer this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2021, c. 449, §1(NEW).]
Amended by 2022, c. 583,§ 2, eff. 8/8/2022.Amended by 2022, c. 583,§ 1, eff. 8/8/2022.Added by 2021SP1, c. 449,§ 1, eff. 10/18/2021.