How Owners Should Prepare for PFAS Investigation

GlobeSt (April 10, 2019) The State Water Board has announced plans to investigate the presence of PFAS chemicals in facilities throughout the state. The phased investigation plan will review more than 1,000 facilities and meeting the standards will not be easy. Facilities that show a presence of PFAS chemicals will need to submit results to the state. For properties that show a PFAS presence in ground or drinking water will require additional tests. Failure to comply could result in fines ranging from $5,000 to $25,000 per day for the violation. “Compliance is not simple,” Kamran Javandel, partner at Allen Matkins, tells GlobeSt.com. “There are several challenges just in terms of obtaining adequate analytical testing. The State Board will issue investigative orders to potential source facilities—airports, landfills, refineries, bulk terminals, secondary manufacturers—under the authority of California Water Code Section 13267.” The state is investigating more than 1,000 properties, and if an owner believes it might be investigated, there are ways to prepare. Preparation starts with reviewing use of PFAS-containing materials.