Original Broadcast: August 1, 2019

Slide Decks:

1. Alan Roberson, ASDWA
2. Will Bowman, EPA
3. Michelle Frederick, CA

Background:

EPA is required to develop by October 2020 a rulemaking which will authorize primacy agencies to mandate assessments of restructuring options for water systems which frequently violate health-based standards, and which have unsuccessfully attempted, or which are unable to attempt, feasible and affordable actions to return to compliance.  The mandatory assessments must be tailored to the water system’s size, type, and other factors, and cannot be overly burdensome on the assessed system.  The regulation also must describe how primacy agencies may offer liability protection to a compliant water system which is consolidating with an assessed water system.   In addition, Subsection 1414(h) now includes a new type of restructuring activity, which is a contractual agreement for significant management or administrative functions of a water system, to correct violations identified in a restructuring plan.  DWSRF loans may be used to carry out such consolidations or transfers.  AWIA also amended SDWA Section 1413 requirements for primary enforcement responsibility, or primacy, to include the new mandatory assessment authority. The Water System Restructuring Rule will include both the consolidation incentive provisions under Subsection1414(h), and the primacy requirements under Section 1413, of the SDWA.

Purpose:

This webinar is intended to help EPA and ASDWA identify state concerns, discuss current and previous efforts, and form potential collaborative actions which ASDWA & EPA can take to help your state in the area of restructuring. During this webinar:

• EPA will expand upon the AWIA changes to SDWA 1414(h), key issues raised by those changes, and how states can provide useful information for the rulemaking.
• California will share current actions within the state, as recently passed legislation gives the state the authority to force consolidation.

Speakers:

1. Alan Roberson, P.E. – ASDWA Executive Director (Moderator)
2. Will Bowman – EPA Water System Restructuring Rule Manager
3. Michelle F. Frederick, P.E. – Northern California Consolidation Coordinator, Division of Drinking Water, CA State Water Resources Control Board