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