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Denver sues Colorado health agency over stormwater permit changes regulating PFAS at airport

The challenges faced by the airport in complying include a permit condition that says that no firefighting equipment that discharges any PFAS can be used.

DENVER — Denver officials filed a lawsuit against the Colorado Department of Public Health and Environment claiming the agency illegally shoehorned new wastewater permit conditions to include regulating so-called PFAS “forever chemicals” at Denver International Airport in violation of state law.

The permit, issued in 2012, is being renewed by CDPHE with new and amended requirements for stormwater discharges, according to Denver’s court filing.

Denver alleges the new requirements don’t fit under the umbrella of the existing permit and that imposing those conditions as part of a permit renewal would cost the city “a significant amount of work and expenditures,” including “many PFAS-related requirements that are vague and unfeasible.”

David Steinberger, senior assistant city attorney in the airport section, told the Denver Gazette in an interview that the challenges faced by the airport in complying include a permit condition that says that no firefighting equipment that discharges any PFAS can be used.

“With respect to PFAS specifically, at its core, we think the agency is trying to use the stormwater permit as a way to regulate PFAS at the airport in a way that exceeds their authority,” Steinberger said.

>Read the full article at Denver Gazette.

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