Sec. 4. Consolidation
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/bill/115/hr/3387/rh/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subsection
(h)of section 1414 of the Safe Drinking Water Act ( 42 U.S.C. 300g–3 ) is amended by adding at the end the following: A State with primary enforcement responsibility or the Administrator (if the State does not have primary enforcement responsibility) may require the owner or operator of a public water system to assess options for consolidation, or transfer of ownership of the system, as described in paragraph (1), if— the public water system— has repeatedly violated one or more national primary drinking water regulations and such repeated violations are likely to adversely affect human health; and is unable or unwilling to take feasible and affordable actions, as identified by the State with primary enforcement responsibility or the Administrator (if the State does not have primary enforcement responsibility), that will result in the public water system complying with the national primary drinking water regulations described in subclause (I), including accessing technical assistance and financial assistance through the State loan fund pursuant to section 1452; or has already undertaken actions described in item
(aa)without achieving compliance; such consolidation or transfer is feasible; and such consolidation or transfer could result in greater compliance with national primary drinking water regulations. After review of an assessment under subparagraph (A), a State with primary enforcement responsibility or the Administrator (if the State does not have primary enforcement responsibility) may require the owner or operator of a public water system that completed such assessment to submit a plan for consolidation, or transfer of ownership of the system, under paragraph (1), and complete the actions required under such plan if— the owner or operator of the public water system— has not taken steps to complete consolidation; has not transferred ownership of the system; or was unable to achieve compliance after taking the actions described in clause (i)(II)(aa) of subparagraph (A); since completing such assessment, the public water system has violated one or more national primary drinking water regulations and such violations are likely to adversely affect human health; and such consolidation or transfer is feasible. Notwithstanding section 1452(a)(3), a public water system undertaking consolidation or transfer of ownership or alternative actions to achieve compliance pursuant to this subsection may receive assistance under section 1452 to carry out such consolidation, transfer, or alternative actions. An owner or operator of a public water system submitting a plan pursuant to paragraph
(3)shall identify as part of such plan— any potential liability for damages arising from each specific violation identified in the plan of which the owner or operator is aware; and any funds or other assets that are available to satisfy such liability, as of the date of submission of such plan, to the public water system that committed such violation. In carrying out clause (i), the owner or operator shall take reasonable steps to ensure that all potential liabilities for damages arising from each specific violation identified in the plan submitted pursuant to paragraph
(3)are identified. A public water system that has completed the actions required under a plan submitted and approved pursuant to paragraph
(3)shall not be liable under this title for a violation of this title identified in the plan, except to the extent to which funds or other assets are identified pursuant to subparagraph (A)(i)(II) as available to satisfy such liability. Not later than 2 years after the date of enactment of the Drinking Water System Improvement Act of 2017, the Administrator shall promulgate regulations to implement paragraphs (3), (4), and (5). . Section 1413(a) of the Safe Drinking Water Act ( 42 U.S.C. 300g–2(a) ) is amended— in paragraph (5), by striking ; and and inserting a semicolon; by redesignating paragraph
(6)as paragraph (7); and by inserting after paragraph
(5)the following new paragraph: has adopted and is implementing procedures for requiring public water systems to assess options for, and complete, consolidation or transfer of ownership, in accordance with the regulations issued by the Administrator under section 1414(h)(6); and . Section 1413(b)(1) of the Safe Drinking Water Act ( 42 U.S.C. 300g–2(b)(1) ) is amended by striking of paragraphs (1), (2), (3), and
(4).
Connections3 off-index
3 references not yet in our index
- 42 USC 300g–3
- 42 USC 300g–2(a)
- 42 USC 300g–2(b)(1)
Citation graph
cites case law
Sec. 4
Consolidation
Cite42 USC 300g–3
Cite42 USC 300g–2(a)
Cite42 USC 300g–2(b)(1)
Cites 3Cited by 0 across 0 sources