01 M.R.S. § 001-407-5 - ELIGIBILITY

PFAS blood serum testing supported by the PFAS Fund is limited to (1) eligible persons who lived or worked (2) on PFAS-contaminated property (3) for any portion of the ten-year period preceding the discovery of PFAS contamination, (4) when the PFAS contamination is reasonably determined to be the result of the land application of residuals, as explained more fully below (see 7 M.R.S.A. §§320-K(4)(A-B)).

1. Eligible persons are,

a. Commercial farmers and their household members,

b. Farm workers, and

c. Residential inhabitants served by private wells.

2. PFAS-contaminated property is defined as agricultural or residential property having,

a. groundwater test results exceeding Maine's enforceable interim drinking water standard for PFAS until superseded by either Maine's Maximum Contaminant Level (MCL) for PFAS or a federal MCL for PFAS, whichever is lowest, for a well servicing the residence, farm, and/or fields; and/or

b. soil test results exceeding PFAS soil Remedial Action Guidelines (RAG) for residential use established by Maine DEP or any PFAS soil screening levels established by Maine CDC for farm workers.

3. Eligible persons must have lived or worked on a property with DACF-verified PFAS test results exceeding an applicable standard described in Section 5(2) within the ten years immediately preceding the date of the first DACF-verified test result exceeding a standard described in Section 5(2).

a. Eligible persons who lived or worked on a property with DACF-verified PFAS test results exceeding an applicable standard described in Section 5(2) more than ten years preceding the date of the first DACF-verified test result exceeding a standard described in Section 5(2) may be eligible for blood serum testing supported by the PFAS Fund if Maine CDC determines that well water test results are sufficiently high that an elevated and actionable PFAS blood level is plausible (i.e., it is plausible that the individual's blood serum test results will indicate the need for enhanced medical monitoring consistent with the threshold contained in Section 7(3)).

4. The land application of residuals will be reasonably determined to be the source of PFAS contamination when,

a. DEP records and other information available to DEP indicate that PFAS impacts to soil and/or groundwater at an impacted property were primarily caused by land application, or

b. DEP records and other information available to DEP indicate that PFAS impacts to soil or groundwater at an impacted property were primarily caused by land application on a property that is adjacent to, abuts, or is upgradient of an impacted property, or

c. DEP records and other information available to DEP indicate that PFAS impacts to soil or groundwater at an impacted property were primarily caused by land application on a property with hydrogeological attributes that DEP advises has the potential to be the source.

Notes

01 M.R.S. § 001-407-5