25-2-41. Use of class B fire-fighting foam containing intentionally added PFAS chemicals.

As used in this Code section, the term:#

1. (1)

   “Class B fire-fighting foam” means any foam designed to extinguish flammable liquid fires.#

2. (2)

   “PFAS chemicals” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl substances, and designed to be fully functional in class B fire-fighting foam formulations.#

3. (3)

   “Testing” means calibration testing, conformance testing, or fixed system testing.#

On and after January 1, 2020, no person; fire department provided for under Chapter 3 of this title; state department, agency, board, bureau, office, commission, public corporation, or authority; county, municipal corporation, school district, or other political subdivision of this state shall discharge or otherwise use class B fire-fighting foam that contains intentionally added PFAS chemicals unless:#

1. (1)

   Such discharge or other use occurs in fire prevention or in response to an emergency fire-fighting operation; or#

2. (2)

   Such discharge or other use is for training or testing purposes which occurs at a facility that has implemented containment, treatment, and disposal measures to prevent uncontrolled releases of such class B fire-fighting foam into the environment.#

Nothing in this Code section shall be construed to:#

1. (1)

   Restrict the manufacture, sale, or distribution of class B fire-fighting foam that contains intentionally added PFAS chemicals or restrict the discharge or other use of class B fire-fighting foam in response to an emergency fire-fighting operation; or#

2. (2)

   Prevent the use of nonfluorinated foams, including other class B fire-fighting foams, for purposes of training for fire-fighting operations.#