Wednesday, October 5, 2022

Governor Hochul Signs Legislation to Hold Drinking Water Polluters Accountable

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Legislation (S.8763A/A.9824A) Extends Statute of Limitations to Enable Public Water Suppliers to Commence Actions Against Polluters

Law Allows Communities with Contaminated Water the Ability to Recoup Necessary Filtration or Treatment Costs


 Governor Kathy Hochul today signed legislation (S.8763A/A.9824A) allowing local water authorities to take legal action against drinking water polluters for claims that were previously barred due to the statute of limitations. Local water authorities may generally only file legal claims against companies within three years of when misconduct or contamination occurred.

"Every New Yorker deserves access to clean, safe and affordable drinking water," Governor Hochul said. "By signing this legislation, which gives local water suppliers another avenue to take action against polluters and recover the costs of treatment or filtration, we are making sure that we not only hold these companies accountable but also prioritize the health and wellbeing of New Yorkers."

Legislation (S.8763A/A.9824A) allows public water suppliers to revive any action, civil claim, or cause of action involving an emerging contaminant that may have been barred because the statute of limitations had expired. This allows local water authorities to pursue actions against polluters to recover the costs of treatment and filtration as a result of contamination.

The new law gives providers up to a year and a half from today to bring actions against polluters for claims that may otherwise be barred under the statute of limitations. In addition, the legislation defines an emerging contaminant as meaning any physical, chemical, microbiological or radiological substance that is identified or listed as an emerging contaminant in public health or any other law.

EDITOR'S NOTE:

We thought it was the job of the New York State Attorney General's office to make sure polluters pay for what they have done to New York State's waters and drinking water.

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