New law takes steps to protect Vermonters’ drinking water from polluters, hold parties accountable

Vermont Business MagazineGovernor Phil Scott, joined by a bipartisan group of Bennington County lawmakers, signed S10 into lawFriday. The legislation is designed to protect the drinking water of families and communities from chemical contamination. The new law, co-sponsored by Bennington County Senators Dick Sears and Brian Campion, holds individuals and businesses liable for the release of perfluorooctanoic acid (PFOA) in or near drinkable water sources. The law creates strict penalties for PFOA detected in areas that could pose potential harm to the drinking water of municipalities within the state of Vermont.

“Ensuring the health of our citizens also means making certain their drinking water is safe,” said Scott. “The passage of this legislation is an important step forward to protect those in Bennington County impacted by the PFOA contamination. We must ensure that this community is restored, and that it doesn’t shoulder the costs.”

This bill facilitates a state response to PFOA contamination by adding a new section of law to ensure that a person or entity who releases PFOA is liable for the costs of extending the water supply of a public water system when the Secretary of the Agency of Natural Resources (ANR) determines the water system has failed or is likely to fail due to PFOA contamination.

“Discovery of PFOA contamination in early 2016 hit us like a ton of bricks,” said Sen. Sears (D-Bennington). “You read about it in the papers in other states, but you don’t think it’s going to hit here. And then you find your neighbors, your constituents, with homes that have been impacted by PFOA. The legislation is a fairly simple concept, but one that required cooperation and support from many in state government. Our communities, our county, two Administrations, state officers and the legislature have presented a united front on PFOA contamination and have been with us in Bennington County every step of the way.”

“I am deeply grateful to everyone who supported this legislation from beginning to end, and I am particularly grateful to my constituents for their patience and fortitude during this difficult time,” said Sen. Campion (D-Bennington). “We will all stand with them until they are made whole again.”

The new law also dictates a clear timeframe under which violators must pay for the extension of the water supply systems.

"Clean drinking water is a human right," said Attorney General TJ Donovan. "The passage of this bill gives us another tool to use as we fight so all Vermonters have clean water to drink."

Governor Scott signed S. 10 into law on Friday, June 2. The law took effect upon the Governor’s signature, and retroactively applies to any release of PFOA, regardless of when it was released.

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Source: Governor 6.5.2017