FL Legislature HB 855 re PFAS contamination property purchase - yet to entitled

Written By Ray Goldsby

A ‘passive receiver’ refers to an entity that did not manufacture, formulate, or intentionally use PFAS, but unavoidably receives PFAS through waste streams, influent, leachate, biosolids, runoff, or other environmental media.

Examples of passive receivers

The term is consistently applied to:

  • Drinking water systems

  • Wastewater treatment plants (POTWs)

  • Municipal stormwater systems (MS4s)

  • Publicly owned landfills

  • Airports & fire departments (receiving AFFF residues)

  • Farms receiving biosolids

EPA, in CERCLA context, explicitly recognizes passive receivers as entities:

  • “that did not manufacture or generate those chemicals”

  • but nonetheless receive PFAS through their normal operations

Congressional hearings and PFAS policy publications also use the term “passive receivers” when describing utilities and waste sectors that inherit PFAS without causing the contamination.

NB 855 will categorize Bona Fide Property Purchaser (BFPP) as a ‘passive receiver’ re liability for PFAS contamination in-situ at time of property purchase. As the bill is written the BFPP will be required to enter into

Ray Goldsby
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