APRIL 19, 2022 - ADMINISTRATIVE COMPLIANCE ORDER
On October 23, 2018, the SDWA was amended in accordance with the America?s Water Infrastructure Act (?AWIA?) of 2018 (Public Law 115-270). In relevant part, AWIA added Section 1433 to the SDWA, 42 U.S.C. ? 300i-2(a).
Section 1433(a) of the SDWA, 42 U.S.C. ? 300i-2(a), requires a CWS serving a population of greater than 3,300 persons to conduct a Risk and Resilience Assessment (?RRA?) of its system, including an assessment of:
a. the risk to the System from malevolent acts and natural hazards;
b. the resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the System;
c. the monitoring practices of the System;
d. the financial infrastructure of the System;
e. the use, storage, or handling of various chemicals by the System; and
f. the operation and maintenance of the System. 8. Section 1433(a)(3)(A)(iii) of the SDWA, 42 U.S.C. ? 300i-2(a)(3)(A)(iii), requires a CWS serving between 3,301 to 49,999 persons to submit its certification to the EPA Administrator that it conducted its RRA on or before June 30, 2021.
Section 1433(b) of the SDWA, 42 U.S.C. ? 300i-2(b), requires a CWS serving 3,301 or more persons to prepare or revise, where necessary, an emergency response plan (?ERP?) that inco