Sec. 2010. Additional considerations for compliance

707 words·~3 min read·/bill/115/s/3021/eah/section-2010

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), or other actions expected to achieve compliance with national primary drinking water regulations described in clause (i)(I), 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 determined 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, transfer, or other action is feasible; and such consolidation, transfer, or other action could result in greater compliance with national primary drinking water regulations. Requirements for any assessment to be conducted pursuant to subparagraph

(A)shall be tailored with respect to the size, type, and characteristics, of the public water system to be assessed. An assessment conducted pursuant to subparagraph

(A)may be conducted by an entity approved by the State requiring such assessment (or the Administrator, if the State does not have primary enforcement responsibility), which may include such State (or the Administrator, as applicable), the public water system, or a third party. It is the sense of Congress that any assessment required pursuant to subparagraph

(A)should not be overly burdensome on the public water system that is assessed. Notwithstanding section 1452(a)(3), a public water system undertaking consolidation or transfer of ownership or other actions pursuant to an assessment completed under paragraph

(3)may receive a loan described in section 1452(a)(2)(A) to carry out such consolidation, transfer, or other action. An owner or operator of a public water system that submits a plan pursuant to paragraph

(1)based on an assessment conducted with respect to such public water system under paragraph

(3)shall identify as part of such plan— any potential and existing liability for penalties and 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 and existing liabilities for penalties and damages arising from each specific violation identified in the plan are identified. A public water system that, consistent with the findings of an assessment conducted pursuant to paragraph (3), has completed the actions under a plan submitted and approved pursuant to this subsection 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 America’s Water Infrastructure Act of 2018 , 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 consolidation or transfer of ownership or other actions 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. 2010

Additional considerations for compliance

Cite42 USC 300g–3

Cite42 USC 300g–2(a)

Cite42 USC 300g–2(b)(1)

Cites 3Cited by 0 across 0 sources