Georgia 2025-2026 Regular Session

Georgia House Bill HB611 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 44 3083ER
2	2	House Bill 611
3	3	By: Representatives Lumsden of the 12
4	4	th
5	5	, Hitchens of the 161
6	6	st
7	7	, Carpenter of the 4
8	8	th
9	9	,
10	10	Anderson of the 10
11	11	th
12	12	, and DeLoach of the 167
13	13	th
14	14
15	15	A BILL TO BE ENTITLED
16	16	AN ACT
17	17	To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated,
18	18	1
19	19	relating to control of water pollution and surface-water use, so as to require publicly owned2
20	20	treatment works to seek information from industrial users relating to the manufacture or use3
21	21	of PFAS; to provide for definitions; to provide for legislative findings; to provide for a short4
22	22	title; to provide for related matters; to repeal conflicting laws; and for other purposes.5
23	23	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
24	24	SECTION 1.7
25	25	This Act shall be known and may be cited as the "Forever Chemicals Transparency Act."8
26	26	SECTION 2.9
27	27	Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to10
28	28	control of water pollution and surface-water use, is amended by adding a new Code section11
29	29	to read as follows:12
30	30	"12-5-30.5.
31	31	13
32	32	(a)(1) The General Assembly finds that perfluoroalkyl and polyfluoroalkyl substances,14
33	33	a type of 'forever chemicals' known as PFAS, are widely used, persist in the environment,15
34	34	H. B. 611
35	35	- 1 - 25 LC 44 3083ER
36	36	and are found in water, soil, air, fish, and wildlife. Studies have shown that many PFAS16
37	37	are found in the blood of people all over the world and that exposure to certain levels of17
38	38	PFAS may lead to an increased risk of some cancers, reduced ability of the body's18
39	39	immune system to fight infections, decreased fertility, and developmental effects such as19
40	40	low birth weight.20
41	41	(2) The General Assembly further finds that the division has found PFAS in surface21
42	42	waters and in public drinking water systems, including systems that use surface waters22
43	43	and ground water as source water, throughout this state. In addition, PFAS are difficult23
44	44	and expensive to remove from water, and ratepayers ultimately may bear the costs of24
45	45	removing PFAS from public drinking water and waste-water systems. Therefore, the25
46	46	General Assembly finds that the public has a right to know whether private industrial26
47	47	users may be discharging PFAS into publicly owned treatment works. To that end, the27
48	48	General Assembly finds that each publicly owned treatment works should determine28
49	49	whether any industrial dischargers to the publicly owned treatment works may be a29
50	50	source of PFAS.30
51	51	(b) As used in this Code section, the term:31
52	52	(1) 'Approved pretreatment program' means a program administered by a publicly owned32
53	53	treatment works that meets criteria established by the division and which has been33
54	54	approved by the division that establishes the procedures and practices to be followed34
55	55	relating to the application for and the issuance or revocation of pretreatment permits for35
56	56	the discharge of any pollutant into a publicly owned treatment works and then into the36
57	57	waters of this state.37
58	58	(2) 'Indirect discharge' means the introduction of pollutants into a publicly owned38
59	59	treatment works from any nondomestic source regulated under Section 307(b), (c), or (d)39
60	60	of the Federal Water Pollution Control Act, known as the Clean Water Act, as amended,40
61	61	33 U.S.C. 1251, et seq.41
62	62	H. B. 611
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64	64	(3) 'Industrial user' means any person that is a source of an indirect discharge or42
65	65	proposed indirect discharge.43
66	66	(4) 'PFAS' means perfluoroalkyl and polyfluoroalkyl substances, which is a group of44
67	67	man-made fluorinated compounds, many of which are hydrophobic and lipophobic, that45
68	68	are manufactured and used in a variety of industries globally. These compounds are46
69	69	persistent in the environment as well as in the human body. Such term includes any47
70	70	fluorinated substance that contains at least one fully fluorinated methyl or methylene48
71	71	carbon atom, including any precursors of such substances. Examples of PFAS include,49
72	72	but are not limited to, PFOA, PFOS, PFHxS, PFNA, HFPO-DA ,commonly known as50
73	73	GenX chemicals, and other chemicals identified in United States Environmental51
74	74	Protection Agency Method 1633.52
75	75	(5) 'Pretreatment' means the reduction of the amount of pollutants, the elimination of53
76	76	pollutants, or the alteration of the nature of pollutant properties in waste water prior to or54
77	77	in lieu of discharging or otherwise introducing such pollutants into a publicly owned55
78	78	treatment works.56
79	79	(6) 'Pretreatment permit' means any permit issued by a publicly owned treatment works57
80	80	with an approved pretreatment program to regulate the discharge of pollutants from any58
81	81	industrial user into a publicly owned treatment works and the waters of this state.59
82	82	(7) 'Publicly owned treatment works' means a treatment works as defined by Section 21260
83	83	of the federal Clean Water Act, which is owned by this state or a municipality. Such term61
84	84	includes any devices and systems used in the storage, treatment, recycling, and62
85	85	reclamation of municipal sewage or industrial wastes of a liquid nature. Such term also63
86	86	includes sewers, pipes, and other conveyances only if they convey waste water to a64
87	87	publicly owned treatment works. Such term also means the municipality, as defined in65
88	88	Section 502(4) of the federal Clean Water Act, which has jurisdiction over the indirect66
89	89	discharges to, and the discharges from, such a treatment works.67
90	90	(8) 'Significant industrial user' means:68
91	91	H. B. 611
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93	93	(A) All industrial users subject to categorical pretreatment standards under 40 C.F.R.69
94	94	Section 403.6 and 40 C.F.R. Chapter I, Subchapter N; and70
95	95	(B) Any other industrial user that:71
96	96	(i) Discharges an average of 25,000 gallons or more per day of process waste water72
97	97	to a publicly owned treatment works, excluding sanitary, noncontact cooling, and73
98	98	boiler blowdown waste water;74
99	99	(ii) Contributes a process waste stream which makes up 5 percent or more of the75
100	100	average dry weather hydraulic or organic capacity of the publicly owned treatment76
101	101	works; or77
102	102	(iii) Is designated as such by a control authority on the basis that the industrial user78
103	103	has a reasonable potential for adversely affecting the publicly owned treatment works'79
104	104	operation or for violating any pretreatment standard or requirement in accordance80
105	105	with 40 C.F.R. Section 403.8(f)(6).81
106	106	(c) Any industrial user or significant industrial user discharging or proposing to discharge82
107	107	PFAS into a publicly owned treatment works shall have a duty to disclose the discharge or83
108	108	proposed discharge of PFAS in accordance with this Code section.84
109	109	(d) No later than December 31, 2025, each publicly owned treatment works shall request85
110	110	the following information from each of its industrial users and significant industrial users:86
111	111	(1) Whether the industrial user or significant industrial user:87
112	112	(A) Manufactures one or more PFAS;88
113	113	(B) Produces any products, by-products, wastes, or other materials known or89
114	114	reasonably suspected to contain PFAS; and90
115	115	(C) Uses in its industrial processes any raw materials, commercial products, or other91
116	116	substances or materials known or reasonably suspected to contain PFAS; and92
117	117	(2) If the industrial user or significant industrial user responds affirmatively to any93
118	118	question posed in paragraph (1) of this subsection, then the industrial user or significant94
119	119	industrial user shall:95
120	120	H. B. 611
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122	122	(A) Identify the known or suspected PFAS and the products, by-products, wastes, raw96
123	123	materials, commercial products, or other substances or materials known or suspected97
124	124	to contain PFAS; and98
125	125	(B) State whether the industrial user or significant industrial user has implemented or99
126	126	proposes to implement best management practices to reduce or eliminate the discharge100
127	127	of PFAS to the publicly owned treatment works and, if so, explain those best101
128	128	management practices and how they will reduce or eliminate those discharges to the102
129	129	publicly owned treatment works.103
130	130	(e) No later than April 1, 2026, and on an annual basis thereafter, each industrial user and104
131	131	significant industrial user shall provide the information requested in subsection (d) of this105
132	132	Code section to the publicly owned treatment works to which it discharges and shall send106
133	133	a copy of such information to the division.107
134	134	(f) Beginning April 1, 2026, any industrial user seeking a pretreatment permit, or the108
135	135	reissuance of a pretreatment permit, from a publicly owned treatment works with an109
136	136	approved pretreatment program shall provide the information requested in subsection (d)110
137	137	of this Code section in its pretreatment permit application and shall send a copy of such111
138	138	information to the division.112
139	139	(g) All information submitted to a publicly owned treatment works under this Code113
140	140	section shall be certified in writing by a responsible corporate officer, general partner, or114
141	141	sole proprietor, as applicable, or a representative of the applicable industrial user or115
142	142	significant industrial user who is responsible for the overall operation of the facility from116
143	143	which the discharge originates, such as a plant manager or superintendent. The person so117
144	144	certifying the information shall state the following: 'I certify under penalty of law that the118
145	145	information submitted with this certification is, to the best of my knowledge and belief,119
146	146	true, accurate, and complete. I am aware that I may be subject to significant penalties for120
147	147	submitting false information, including the possibility of fine and imprisonment for121
148	148	knowing violations.'122
149	149	H. B. 611
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151	151	(h) The Board of Natural Resources is authorized to adopt and enforce rules and123
152	152	regulations as may be necessary to implement this Code section."124
153	153	SECTION 3.125
154	154	All laws and parts of laws in conflict with this Act are repealed.126
155	155	H. B. 611
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