DEP Turns Up the Heat of Fire Retardants: Emerging Contaminant Enforcement Directive for PFAS

On March 25, 2019, the New Jersey Department of Environmental Protection (DEP) released a “Statewide PFAS Directive, Information Request and Notice to Insurers” initiating its pursuit of various companies for costs associated with the investigation and remediation of polyfluoroalkyl and perfluoroalkyl substances, a suite of chemicals commonly referred to as PFAS.  These chemicals are used in manufacturing many products, such as nonstick cookware, plastics, stain-resistant coatings, and fire-fighting foams which are now being discovered throughout the state’s environment.  DEP cites the companies’ longtime use of PFAS chemicals and the substantial cost for remediation and investigation as part of the background for its enforcement action.

Following on the heels of the DEP establishing remediation standards for two of these chemicals (PFOS & PFOA), the Directive demands reimbursement of $3,105,084.91 in costs already expended by DEP, assumption of costs to operate point of entry treatment systems (POETs), and demands the responsible parties establish a funding source for future costs of investigation and remediation.

The Directive is the most recent action from the State seeking enforcement against parties for alleged discharges of PFAS chemicals.  And while the DEP is currently focusing on specific companies, this indicates DEP views PFAS as a priority issue across the state during the investigation and remediation of contaminated sites.  Any party remediating or investigating contaminated sites should carefully consider their obligations related to PFAS chemicals.

You can find additional information, as well as a copy of the DEP’s Directive on their website.