Amendment #198 to H4789

PFAS

Mr. Moran of Lawrence moves to amend the bill by adding the following:

Chapter 21E, Section 5 is hereby amended:

For a person otherwise liable under paragraph (a) who can establish by a preponderance of the evidence that the costs or damages are attributable to a release or threat of release of per- and polyfluoroalkyl substances by:

(1)an owner or operator of a solid waste recycling facility that processes compost for sale or distribution to the public, as validly licensed and permitted by the Massachusetts Department of Environmental Protection, notwithstanding any provision in the permit to the contrary, and an owner of property upon which such a facility is located, if such owner or operator did not know or have reason to know that per- and polyfluoroalkyl substances were present in the feedstock materials in concentrations that exceed applicable regulatory standards, the liability of such person shall be limited to compliance with (a) all notification requirements set forth by the Department, and (b) all Imminent Hazard regulations, for a hazard which would pose a significant risk of harm to health, safety, public welfare or the environment, as set forth in the Massachusetts Contingency Plan, Subpart C, including but not limited to 310 CMR 40.0300; or

(2)a manufacturer of paper or paper products who did not know or have reason to know that raw materials or components utilized or purchased for use in the paper or paper product manufacturing processes contained per- and polyfluoroalkyl substances, provided that the person to whom this section applies exercised due care in light of all relevant facts and circumstances to identify and avoid the use of per- and polyfluoroalkyl substances in concentrations that exceed applicable regulatory standards, the liability of such person shall be limited to compliance with associated notification requirements set forth by the Department.