Is Your Department Paying for Cleaning up?

The FFFA and it’s associates have been working tirelessly to educate First Responders of the Hazards of Fluorinated Foam Suppression Products. Terms such as PFAS, PFOA, PFOS 6.2 FTS, etc., are now becoming common vernacular with first responders and their awareness of Fluorine toxins and the hazards of fluorinated foam suppression products is becoming commonplace. 

Several fire departments over this last year have been fined heavily by the EPA, federal, state and local authorities for clean-up of contaminated fire scenes. To date these same authorities have not pursued the “Deep Pockets” provision of their legal authority to assist in relieving the debt burden these agencies have imposed upon them. 

Deep Pockets: What is it? Deep Pockets is a pejorative term used to refer to the CERCLA Comprehensive Environmental Response, Compensation and Liability Act. Better known as the Superfund Law. In this Act it defines a term PRP: Potentially Responsible Party. In short there are 3 areas of responsibility of a PRP

1) Retroactivity: A PRP may be held Responsible for acts that happened prior to the enactment of CERCLA 1980.

2) Joint and Several: Any one PRP may be held liable for the clean up of a waste site.

3) Strict: A PRP cannot simply state that it was not negligent or that it was operating according to industry standards. If a PRP sent some amount of the hazardous waste found at the site, that party is liable.

All First Responders, municipalities, civil government, private or fraternal organizations should be aware of the PRP provisions of CERCLA. In the event that your organization is caught up in a civil fine or lawsuit you must be aware that all parties involved in the supply of your tainted suppression product may be considered PRP’s Potential Responsible Parties under the CERCLA. That means they may be financially liable to assist in clean-up costs.

 https://www.epa.gov/enforcement/superfund-liability