Morgan Griffith Questions Water Safety Expert on 'Forever Chemicals' Notification Failures

Contamination and Public Notification Lapses

• 💧 The Western Virginia Water Authority discovered Gen X in the Spring Hollow Reservoir in 2020 but did not notify the public until 2022.
• 🏭 The contamination originated from Kors, which sent tanks to Prom for cleaning, unaware that the buildup contained PFAS or Gen X.
• ⚠️ Prom was reportedly not advised of the presence of these chemicals, leading to the contamination of the Spring Hollow Reservoir.

Liability and Cleanup Burdens

• ⚖️ The discussion addresses the challenge of preventing the burden of PFAS cleanup from unfairly falling on electric and water rate payers.
• 🏭 Entities that unintentionally generate residuals containing PFAS, like Prom, may face liability even without intentional use.
• 📉 The EPA's recognition of equitable principles for passive receiver liability is mentioned, acknowledging that residuals can be at incredibly low levels.
• 🚫 Current regulations, like CERCLA, do not have a threshold for liability; detection alone can lead to responsibility.

Shifting the Burden of Proof

• 🔑 A concept of shifting the burden of proof is raised as a potential solution to address concerns about liability for landowners downstream.
• 📊 The concern is that landowners who don't use water for drinking but release it back into rivers could theoretically be held liable.
• 📄 The EPA's recent update to its website regarding affirmative showings of non-liability for brownfield grant applicants is noted as a complex development.