§ 38 §424-C — Perfluoroalkyl and polyfluoroalkyl substances in firefighting or fire-suppressing foam

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
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.
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.
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:
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:
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.

Legislative History

PL 2021, c. 449, §1 (NEW). PL 2021, c. 583, §§1, 2 (AMD).