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Reso 2021-949 RESOLUTION NO. 2021-949 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT SUPPORTING FEDERAL POLYFLUOROALKYL SUBSTANCES (PFAS) LEGISLATION THAT PROTECTS RATEPAYERS AND WATER/WASTEWATER AGENCIES WHEREAS, Per- and Polyfluoroalkyl Substances (PFAS) are a group of chemicals developed by chemical manufacturers that would otherwise not exist naturally and despite playing no role in releasing PFAS into the environment, cities and water agencies must find ways to remove them from local water supplies; and, WHEREAS, PFAS have been detected in the Orange County Groundwater Basin, managed by Orange County Water District, and are estimated to cost Orange County communities more than $1 billion, over 30 years—a cost that will likely increase; and, WHEREAS, ratepayers are at risk from pending PFAS legislation and associated PFAS costs and water agencies and stakeholders must take action to inform members of Congress of these devastating impacts; and, WHEREAS, therefore, all PFAS-related legislation must exempt water and wastewater agencies from any liability for PFAS cleanup costs; and, WHEREAS, a water utility that complies with applicable and appropriate federal management and treatment standards must not be responsible for current and future costs associated with a PFAS cleanup; and, i WHEREAS, given the potential for federal legislation, such as the PFAS Action Act I of 2021 (H.R. 2467), to expose water agencies that simply receive and treat water supplies with across-the-board liability for PFAS-related cleanups when they have no responsibility for the presence of PFAS, an explicit exemption from Superfund clean-up liability must be made for water and wastewater agencies; and, i i WHEREAS, under existing law (Safe Drinking Water Act), the United States Environmental Protection Agency (USEPA) ensures that public health benefits of new drinking water standards are reasonably balanced with the compliance costs that water system ratepayers will ultimately incur and eliminating this analysis would burden ratepayers of all income levels with astronomical costs to comply with drinking water standards; and, 1 Resolution No. 2021-949 Page 2of3 WHEREAS, when setting drinking water standards for Perfluorooctanoic acid (PFOA) and Perfluorooctane sulfonic acid (PFOS), the Costa Mesa Sanitary District advocates for the USEPA to use this longstanding methodology. NOW, THEREFORE, the Board of Directors does hereby resolve: That the Costa Mesa Sanitary District supports these federal PFAS policy principles to protect water/wastewater agencies and their ratepayers and calls upon the Orange County Congressional Delegation and California Senatorial Delegation to cast votes implementing these public policy positions. PASSED and ADOPTED on this 20th day of December 2021. OIAN\ • aiLV 106- - Secretary, Costa Mesa Sani Iry District President, Costa Mesa Sanitary District Board of Directors Board of Directors STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, Noelani Middenway, District Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2021-949, was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 20t" day of December 2021, by the following vote: AYES: Ooten, Scheafer, Schafer, Perry, Eckles NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 20th day of December 2021. ;� .0 Cle of t e Co'': ' Sanita7trict C: Orange County Water District Orange County Sanitation District .©. Platinum Level District of Distinction SANIT��`o�,t COSTA M ESA 81-70; -yco ,� SANITARY DISTRICT %RS December 20, 2021 The Honorable Congressman Correa 2301 Rayburn House Office Building Washington, D.C. 20515 (email: Ngoc.Nquyenamail.house.gov) The Honorable Congressman Lowenthal 108 Cannon House Office Building Washington, D.C. 20515 (email: Shane.Trimmercmail.house.gov) The Honorable Congresswoman Steel 1113 Longworth House Office Building Washington, D.C. 20515 (email: Jonathan.Kupermanc mail.house.gov) Board of Directors Robert Ooten The Honorable Congresswoman Kim Michael Scheafer 1306 Longworth House Office Building Arlene Schafer Washington, D.C. 20515 Arthur Perry (email: Colin.Timmerman@_mail.house.gov) Brett Eckles Staff The Honorable Congresswoman Porter Scott Carroll 1117 Longworth House Office Building General Manager Washington, D.C. 20515 (email: Jacob.Marxa,mail.house.gov Harper & Burns, LLP District Counsel Dear Representatives Correa, Kim, Lowenthal, Porter, and Steel: Davis Farr, LLP District Treasurer Orange County is a national leader in water recycling with the Groundwater Replenishment System, stormwater capture behind Mark Esquer Prado Dam and most recently regarding extraction of PFAS from our District Engineer drinking water. These landmark projects are environmentally superior Noelani Middenway and have saved Orange County ratepayers billions of dollars from not District Clerk & Public purchasing expensive, imported water. Information Officer It has come to my attention that the House-passed federal legislation, Kaitlin Tran PFAS Action Act of 2021 (H.R. 2467), would result, if enacted, in Finance Manager exposing the Orange County Water District (OCWD) to CERCLA's Dyana Bojarski liability standard as OCWD works to remove PFAS from drinking Administrative Services water. OCWD has no responsibility for the presence of PFAS and the Manager concept of imposing CERCLA liability on water districts runs contrary to the "polluter pays" public policy. Steve Cano Wastewater Maintenance Superintendent 290 Paularino Ave, Costa Mesa, CA 92626 • (949) 645-8400 • fax: (714) 540-1392 www.cmsdca.gov "Protecting public health and the environment for current and future generations." li Orange County Congressional Delegation December 20, 2021 Page 2 of 2 On behalf of the Costa Mesa Sanitary District Board of Directors, I respectfully request that you work in support of OCWD's efforts in garnering an exemption from Comprehensive Environmental Response Compensation and Liability Act (CERCLA) liability for water and wastewater agencies as they properly remove PFAS from drinking water as Congress continues to consider legislative responses to protect our drinking water supplies. Additionally, under current law (Safe Drinking Water Act), the United States Environmental Protection Agency (USEPA) ensures that public health benefits of new drinking water standards are balanced with the compliance costs that water system ratepayers will ultimately incur. When setting drinking water standards for Perfluorooctanoic acid (PFOA) and Perfluorooctane sulfonic acid (PFOS), we advocate for the USEPA to use this longstanding methodology. Sincerely, Robert Ooten I OPp President C: OCWD Board President, Steve Sheldon (ssheldon(a2ocwd.com) OCSan Board President, John Withers (kloreAocsd.com) Platinum Level District of Distinction 411pkNir-4-14; COSTA MESA -y1"44� SANITARY DISTRICT PoRAT December 20, 2021 The Honorable Senator Dianne Feinstein United States Senate 331 Hart Senate Office Building Washington D.C. 20510 The Honorable Senator Alex Padilla United States Senate 112 Hart Senate Office Building Washington D.C. 20510 Sent via email to: John Watts(c feinstein.senate.gov; Angela Ebiner@padilla.senate.gov; Sarah Swiggapadilla.senate.gov Dear Senator Feinstein and Senator Padilla: Board of Directors Robert Ooten Per- and Polyfluoroalkyl Substances (PFAS) are a group of man-made Michael Scheafer chemicals created by chemical manufacturers and despite playing no Arlene Schafer role in releasing PFAS into the environment, cities and water agencies Arthur Perry must find ways to remove them from local water supplies, find alternative Brett Eckles water supply, and conduct expensive monitoring. PFAS have been Staff detected in the Orange County Groundwater Basin, managed by Scott Carroll Orange County Water District (OCWD), and are estimated to cost General Manager Orange County communities more than $1 billion, over 30 years—a cost that could increase. Complicating this cleanup burden, ratepayers are at Harper & Burns, LLP additional risk from pending PFAS legislation that would effectively District Counsel abandon the "polluter pays" principle and create a new separate drinking Davis Farr LLP water standard setting process for PFAS chemicals. District Treasurer On behalf of the Costa Mesa Sanitary District Board of Directors, I Mark Esquer ask as you consider legislation to address PFAS and other District Engineer contaminants of emerging concern, that you ensure such legislation provides an explicit exemption from liability for water Noelani Middenway and wastewater agencies related to PFAS cleanup costs. A water District Clerk & Public utility that complies with applicable and appropriate federal management Information Officer and treatment standards must not be responsible for current and future Kaitlin Tran costs associated with a PFAS cleanup. We are especially concerned Finance Manager that the House has approved the PFAS Action Act of 2021 (H.R. 2467). This bill creates liability for water agencies that simply receive and treat Dyana Bojarski water supplies with across-the-board Comprehensive Environmental Administrative Services Response Compensation and Liability Act (CERCLA) liability for PFAS- Manager related cleanups. Steve Cano Wastewater Maintenance Superintendent 290 Paularino Ave, Costa Mesa, CA 92626 • (949) 645-8400 • fax: (714) 540-1392 www.cmsdca.gov "Protecting public health and the environment for current and future generations." Senator Feinstein and Senator Padilla December 20, 2021 Page 2 of 2 This pending legislation provides an exemption for the nations' airports, and it is vital that you secure an exemption to also include water and wastewater agencies. Water agencies have no responsibility for the presence of PFAS and the concept of imposing CERCLA liability is bad public policy. Also, under existing law (Safe Drinking Water Act), the United States Environmental Protection Agency (USEPA) ensures that public health benefits of new drinking water standards are reasonably balanced with the compliance costs. We advocate for the USEPA to use this current methodology when setting drinking water standards for Perfluorooctanoic acid (PFOA) and Perfluorooctane sulfonic acid (PFOS). This is a longstanding method that has been used and its elimination would burden ratepayers of all income levels with higher costs. I call upon California's Senators to cast votes implementing these public policy positions. Sincerely, Robert Ooten President fPi C: OCWD Board President, Steve Sheldon (ssheldonocwd.com) OCSan Board President, John Withers (kloreAocsd.com) II