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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 4
HOUSE BILL 569
Committee Substitute Favorable 4/16/25
Committee Substitute #2 Favorable 5/6/25
Fourth Edition Engrossed 5/7/25
Short Title: PFAS Pollution and Polluter Liability. (Public)
Sponsors:
Referred to:
April 1, 2025
*H569-v-4*
A BILL TO BE ENTITLED 1
AN ACT TO PROTECT TH E CITIZENS OF NORTH CAROLINA FROM DRINKI NG 2
WATER CONTAMINATED BY GENX AND OTHER PFAS COMPOUNDS. 3
The General Assembly of North Carolina enacts: 4
5
PART I. ABATEMENT OF PFAS EXCEEDANCES IN PUBLIC WATER SYSTEMS 6
SECTION 1. Article 1 of Chapter 130A of the General Statutes is amended by 7
adding a new section to read: 8
"§ 130A-19.1. Abatement of PFAS exceedances. 9
(a) The following definitions apply in this section: 10
(1) Permissible concentration level. – For an individual per- and polyfluoroalkyl 11
substances (PFAS) compound, or combined PFAS compounds, any maximum 12
contaminant level that may be established by the United States Environmental 13
Protection Agency for the PFAS compound in question , or combined 14
compounds. 15
(2) PFAS manufacturer. – Persons that originally make PFAS compounds 16
through processes including, but not limited to, electrochemical fluorination 17
(ECF), telomerization, fluorocarbon polymerization, and production of 18
fluoropolymers. The term shall not include a person that uses previously made 19
PFAS compounds obtained from a PFAS manufacturer to produce 20
commercial or consumer goods , or as intermediary products for use in the 21
manufacture of commercial goods, such as : weatherproof caulkin g; as a 22
greaseproof coating for a pizza box stain; water-repellent used on carpets, 23
upholstery, clothing, and other fabrics; cleaning products; non -stick 24
cookware; paints, varnishes, and sealants ; and personal care products, 25
including in certain shampoo, dental floss, and cosmetics. 26
(3) Responsible party. – A PFAS manufacturer: (i) whose direct discharge of 27
PFAS into surface waters of the State has caused or contributed to the presence 28
of PFAS in a public water system as described in subsection (b) of this section; 29
and (ii) who has entered a consent order that establishes required compliance 30
measures to address discharges of PFAS to surface water. 31
(4) Secretary. – Means the Secretary of Environmental Quality. 32
(b) Pursuant to the Secretary 's enforcement powers under G.S. 130A-19, authority to 33
adopt rules under G.S. 130A-315, and federally delegated duty to enforce the Federal Safe 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 569-Fourth Edition
Drinking Water Act in North Carolina, if the Secretary finds all of the follo wing by sufficient 1
evidence, the Secretary may order a responsible party to pay a public water system any actual 2
and necessary costs incurred by the public water system to remove, correct, or abate any adverse 3
effects upon the water supply resulting from contamination for which the person is responsible: 4
(1) The person is a PFAS manufacturer. 5
(2) The PFAS manufacturer discharged or released PFAS into the environment 6
that has caused or contributed to the presence of PFAS in the public water 7
system. 8
(3) The concentration of PFAS in the public water system, including any raw 9
water intake, regardless of th e system's raw water source, including surface 10
water, public well, or pumped groundwater storage, has exceeded a 11
permissible concentration level. 12
(4) The public water system has incurred costs in excess of fifty million dollars 13
($50,000,000) to remove, correct, or abate adverse effects upon the water 14
supply resulting from contamination by the responsible party. 15
Such costs shall include costs to procure, implement, maintain, and op erate technology to 16
reduce PFAS concentrations in finished drinking water below the permissible concentration 17
level. 18
(c) An order issued by the Secretary pursuant to subsection (b) of this section shall 19
include findings of fact detailing the evidence to support the Secretary 's determination with 20
respect to subdivisions (1), (2), and (3) of subsection (b) of this section . If a responsible party 21
refuses to comply with an order, the Secretary may institute an action in the superior court of the 22
county where the public water system exists to enforce the order. 23
(d) A responsible party shall be jointly and severally liable for all actual and necessary 24
costs imposed by the Secretary pursuant to subsection (b) of this section. Nothing in this section 25
shall limit or diminish any rights of contribution for costs incurred herein. 26
(e) A public water system shall reimburse ratepayers of the system through refunds or 27
credits to customers, or a reduction in future rates charged, in a manner that will not impair any 28
existing financing obligations that may be associated with the public water system if (i) the public 29
water system has previously expended funds to remove, correct, or abate any adverse effects 30
upon its water supply resulting from PFAS contamination, (ii) the amount of funds expended by 31
the public water system for that purpose has been included in rates charged to its ratepayers, and 32
(iii) the funds expended by the public water system are subsequently reimbursed by the 33
responsible party as the result of an order issued pursuant to subsection (b) of this section. 34
(f) The remedy under this section is in addition to those provided by existing statutory 35
and common law." 36
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PART II. EFFECTIVE DATE 38
SECTION 2. Section 1 of this act is effective when it becomes law and applies 39
retroactively to costs incurred by a public water system on or after January 1, 2017, to remove, 40
correct, or abate any adverse effects upon a water supply resulting from contamination, 41
irrespective of when a maximum contaminant level was established by the United States 42
Environmental Protection Agency for the PFAS compound in question. The remainder of this act 43
is effective when it becomes law. 44