The Water System Restructuring Rule
AWIA amends SDWA Subsection 1414(h) - Consolidation Incentive - to require that EPA issue a regulation which authorizes primacy agencies to mandate restructuring assessments for public water systems (PWSs) which frequently violate health-based standards, and which have unsuccessfully attempted, or which are unable to attempt, feasible and affordable actions to comply and must describe liability protection for a compliant PWS which is consolidating with an assessed PWS. The assessments must be tailored to the water system’s size, type, and other factors, without being overly burdensome.
In addition, primacy agencies may provide enforcement relief to PWSs under contractual agreements to correct violations identified in a restructuring plan. AWIA also amended SDWA Section 1413 requirements for primary enforcement responsibility to include the new mandatory assessment authority. As a result, all primacy agencies will need to update their primacy status to meet the new requirement. In response to the AWIA mandate, EPA is developing the Water System Restructuring Rule, which will include both the consolidation incentive provisions under Subsection1414(h), and the primacy requirements under Section 1413, of the SDWA.
Follow this website for updates and more information related to the Water System Restructuring Rule.