BEECHER - NAWC

Water ComparedStructural ChangeTable 3-7Water Industry Restructuring Pursuant to the1996 Safe Drinking Water ActCapacity Assurance: New SystemsSection 1420 (a) State Authority for New Systems.-A State shall receive only 80 percent of the allotment that the State is otherwise entitled to receive under section1452 (relating to State loan funds) unless the State has obtained the legal authority or other means to ensurethat all new community water systems and new nontransient, noncommunity water systems commencingoperation after October 1, 1999, demonstrate technical, managerial, and financial capacity with respect toeach national primary drinking water regulation in effect, or likely to be in effect, on the date ofcommencement of operations.Capacity Assurance: Existing SystemsSection 1420 (c) Capacity Development Strategy.-[Subject to SRF withholding States must develop and implement] a strategy to assist public water systems inacquiring and maintaining technical, managerial, and financial capacity [including](A) the methods or criteria that the State will use to identifY and prioritize the public water systems most in needof improving technical, managerial, and financial capacity;(B) a description of the institutional, regulatory, financial, tax, or legal factors at the Federal, State, or local levelthat encourage or impair capacity development;(C) a description of how the State will use the authorities and resources of this title or other means to-­(i) assist public water systems in complying with national primary drinking water regulations;(ii) encourage the development of partnerships between public water systems to enhance the technical,managerial, and financial capacity of the systems; and(iii) assist public water systems in the training and certification of operators.Consolidation Incentive: EnforcementSection 1414 (h) Consolidation Incentive.-(!) In generaL-An owner or operator of a public water system may submit to the State in which the system islocated (if the State has primary enforcement responsibility under section 1413) or to the Administrator (ifthe State does not have primary enforcement responsibility) a plan (including specific measures andschedules) for-(A) the physical consolidation of the system with I or more other systems;(B) the consolidation of significant management and administrative functions of the system with I or more othersystems; or(C) the transfer of ownership of the system that may reasonably be expected to improve drinking water quality.(2) Consequences of approvaL-If the State or the Administrator approves a plan pursuant to paragraph (I), noenforcement action shall he taken pursuant to this part with respect to a specific violation identified in theapproved plan prior to the date that is the earlier of the date on which consolidation is completed accordingto the plan or the date that is 2 years after the plan is approved.VariancesSection 1415 (e) (3) Conditions for granting variances.-A variance under this subsection shall be available only to a system-NAWC 75 September 1998