House Bill 611
By: Representatives Lumsden of the 12th, Hitchens of the 161st, Carpenter of the 4th,
Anderson of the 10th, and DeLoach of the 167th
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated,
relating to control of water pollution and surface-water use, so as to require publicly owned
treatment works to seek information from industrial users relating to the manufacture or use
of PFAS; to provide for definitions; to provide for legislative findings; to provide for a short
title; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Forever Chemicals Transparency Act."
SECTION 2.
Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to
control of water pollution and surface-water use, is amended by adding a new Code section
to read as follows:
<ins>"12-5-30.5.
(a)(1) The General Assembly finds that perfluoroalkyl and polyfluoroalkyl substances,
a type of 'forever chemicals' known as PFAS, are widely used, persist in the environment,
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<ins>and are found in water, soil, air, fish, and wildlife. Studies have shown that many PFAS
are found in the blood of people all over the world and that exposure to certain levels of
PFAS may lead to an increased risk of some cancers, reduced ability of the body's
immune system to fight infections, decreased fertility, and developmental effects such as
low birth weight.
(2) The General Assembly further finds that the division has found PFAS in surface
waters and in public drinking water systems, including systems that use surface waters
and ground water as source water, throughout this state. In addition, PFAS are difficult
and expensive to remove from water, and ratepayers ultimately may bear the costs of
removing PFAS from public drinking water and waste-water systems. Therefore, the
General Assembly finds that the public has a right to know whether private industrial
users may be discharging PFAS into publicly owned treatment works. To that end, the
General Assembly finds that each publicly owned treatment works should determine
whether any industrial dischargers to the publicly owned treatment works may be a
source of PFAS.
(b) As used in this Code section, the term:
(1) 'Approved pretreatment program' means a program administered by a publicly owned
treatment works that meets criteria established by the division and which has been
approved by the division that establishes the procedures and practices to be followed
relating to the application for and the issuance or revocation of pretreatment permits for
the discharge of any pollutant into a publicly owned treatment works and then into the
waters of this state.
(2) 'Indirect discharge' means the introduction of pollutants into a publicly owned
treatment works from any nondomestic source regulated under Section 307(b), (c), or (d)
of the Federal Water Pollution Control Act, known as the Clean Water Act, as amended,
33 U.S.C. 1251, et seq.
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<ins>(3) 'Industrial user' means any person that is a source of an indirect discharge or
proposed indirect discharge.
(4) 'PFAS' means perfluoroalkyl and polyfluoroalkyl substances, which is a group of
man-made fluorinated compounds, many of which are hydrophobic and lipophobic, that
are manufactured and used in a variety of industries globally. These compounds are
persistent in the environment as well as in the human body. Such term includes any
fluorinated substance that contains at least one fully fluorinated methyl or methylene
carbon atom, including any precursors of such substances. Examples of PFAS include,
but are not limited to, PFOA, PFOS, PFHxS, PFNA, HFPO-DA ,commonly known as
GenX chemicals, and other chemicals identified in United States Environmental
Protection Agency Method 1633.
(5) 'Pretreatment' means the reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in waste water prior to or
in lieu of discharging or otherwise introducing such pollutants into a publicly owned
treatment works.
(6) 'Pretreatment permit' means any permit issued by a publicly owned treatment works
with an approved pretreatment program to regulate the discharge of pollutants from any
industrial user into a publicly owned treatment works and the waters of this state.
(7) 'Publicly owned treatment works' means a treatment works as defined by Section 212
of the federal Clean Water Act, which is owned by this state or a municipality. Such term
includes any devices and systems used in the storage, treatment, recycling, and
reclamation of municipal sewage or industrial wastes of a liquid nature. Such term also
includes sewers, pipes, and other conveyances only if they convey waste water to a
publicly owned treatment works. Such term also means the municipality, as defined in
Section 502(4) of the federal Clean Water Act, which has jurisdiction over the indirect
discharges to, and the discharges from, such a treatment works.
(8) 'Significant industrial user' means:
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<ins>(A) All industrial users subject to categorical pretreatment standards under 40 C.F.R.
Section 403.6 and 40 C.F.R. Chapter I, Subchapter N; and
(B) Any other industrial user that:
(i) Discharges an average of 25,000 gallons or more per day of process waste water
to a publicly owned treatment works, excluding sanitary, noncontact cooling, and
boiler blowdown waste water;
(ii) Contributes a process waste stream which makes up 5 percent or more of the
average dry weather hydraulic or organic capacity of the publicly owned treatment
works; or
(iii) Is designated as such by a control authority on the basis that the industrial user
has a reasonable potential for adversely affecting the publicly owned treatment works'
operation or for violating any pretreatment standard or requirement in accordance
with 40 C.F.R. Section 403.8(f)(6).
(c) Any industrial user or significant industrial user discharging or proposing to discharge
PFAS into a publicly owned treatment works shall have a duty to disclose the discharge or
proposed discharge of PFAS in accordance with this Code section.
(d) No later than December 31, 2025, each publicly owned treatment works shall request
the following information from each of its industrial users and significant industrial users:
(1) Whether the industrial user or significant industrial user:
(A) Manufactures one or more PFAS;
(B) Produces any products, by-products, wastes, or other materials known or
reasonably suspected to contain PFAS; and
(C) Uses in its industrial processes any raw materials, commercial products, or other
substances or materials known or reasonably suspected to contain PFAS; and
(2) If the industrial user or significant industrial user responds affirmatively to any
question posed in paragraph (1) of this subsection, then the industrial user or significant
industrial user shall:
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<ins>(A) Identify the known or suspected PFAS and the products, by-products, wastes, raw
materials, commercial products, or other substances or materials known or suspected
to contain PFAS; and
(B) State whether the industrial user or significant industrial user has implemented or
proposes to implement best management practices to reduce or eliminate the discharge
of PFAS to the publicly owned treatment works and, if so, explain those best
management practices and how they will reduce or eliminate those discharges to the
publicly owned treatment works.
(e) No later than April 1, 2026, and on an annual basis thereafter, each industrial user and
significant industrial user shall provide the information requested in subsection (d) of this
Code section to the publicly owned treatment works to which it discharges and shall send
a copy of such information to the division.
(f) Beginning April 1, 2026, any industrial user seeking a pretreatment permit, or the
reissuance of a pretreatment permit, from a publicly owned treatment works with an
approved pretreatment program shall provide the information requested in subsection (d)
of this Code section in its pretreatment permit application and shall send a copy of such
information to the division.
(g) All information submitted to a publicly owned treatment works under this Code
section shall be certified in writing by a responsible corporate officer, general partner, or
sole proprietor, as applicable, or a representative of the applicable industrial user or
significant industrial user who is responsible for the overall operation of the facility from
which the discharge originates, such as a plant manager or superintendent. The person so
certifying the information shall state the following: 'I certify under penalty of law that the
information submitted with this certification is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that I may be subject to significant penalties for
submitting false information, including the possibility of fine and imprisonment for
knowing violations.'
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<ins>(h) The Board of Natural Resources is authorized to adopt and enforce rules and
regulations as may be necessary to implement this Code section."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.