Does the future of water envision drinking water systems as toxic waste facilities? Andrew Brought, an environmental lawyer with Spencer Fane LLP, helps the podcast see various futures of water through the recent case--California River Watch vs. City of Vacaville--decided by the 9th Circuit Court of Appeals. Did the City of Vacaville "transport" hazardous waste by collecting, treating, and distributing hexavalent chromium-contaminated groundwater through its drinking water system? If so, is it possible that drinking water facilities will become RCRA treatment or disposal facilities? What about CERCLA (Superfund) liabilities? Does it make a difference if it is surface water vs. groundwater? Are there unintended consequences linked to environmental justice and affordability? What are the implications for wastewater treatment systems and biosolids programs? Is there a link to the debate over unregulated compounds (e.g., PFOS/PFOA)? Does the future exhibit possibilities of toxic tort liability? Is there any upside (e.g., opportunities) to this decision? Andrew takes us through the oddities of RCRA and the future of water. The podcast is reminded: "Be careful what you wish for...you may get it."
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