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S. 3021-84 <br />"(D) BURDEN OF ASSESSMENTS. —It is the sense of Con- <br />gress that any assessment required pursuant to subpara- <br />graph (A) should not be overly burdensome on the public <br />water system that is assessed. <br />"(4) FINANCIAL ASSISTANCE. —Notwithstanding section <br />1452(a)(3), a public water system undertaking consolidation <br />or transfer of ownership or other actions pursuant to an assess- <br />ment completed under paragraph (3) may receive a loan <br />described in section 1452(a)(2)(A) to carry out such consolida- <br />tion, transfer, or other action. <br />"(5) PROTECTION OF NONRESPONSIBLE SYSTEM. — <br />"(A) IDENTIFICATION OF LIABILITIES.— <br />"(i) IN GENERAL. —An owner or operator of a public <br />water system that submits a plan pursuant to para- <br />graph (1) based on an assessment conducted with <br />respect to such public water system under paragraph <br />(3) shall identify as part of such plan — <br />"(I) any potential and existing liability for pen- <br />alties and damages arising from each specific viola- <br />tion identified in the plan of which the owner <br />or operator is aware; and <br />"(II) any funds or other assets that are avail- <br />able to satisfy such liability, as of the date of <br />submission of such plan, to the public water system <br />that committed such violation. <br />"(ii) INCLUSION. —In carrying out clause (i), the <br />owner or operator shall take reasonable steps to ensure <br />that all potential and existing liabilities for penalties <br />and damages arising from each specific violation identi- <br />fied in the plan are identified. <br />"(B) RESERVATION OF FUNDS. —A public water system <br />that, consistent with the findings of an assessment con- <br />ducted pursuant to paragraph (3), has completed the <br />actions under a plan submitted and approved pursuant <br />to this subsection shall not be liable under this title for <br />a violation of this title identified in the plan, except to <br />the extent to which funds or other assets are identified <br />pursuant to subparagraph (A)(i)(II) as available to satisfy <br />such liability. <br />"(6) REGULATIONS. —Not later than 2 years after the date <br />of enactment of America's Water Infrastructure Act of 2018, <br />the Administrator shall promulgate regulations to implement <br />paragraphs (3), (4), and (5).". <br />(b) RETENTION OF PRIMARY ENFORCEMENT AUTHORITY.— <br />(1) IN GENERAL. —Section 1413(a) of the Safe Drinking <br />Water Act (42 U.S.C. 300g-2(a)) is amended — <br />(A) in paragraph (5), by striking "; and" and inserting <br />a semicolon; <br />(B) by redesignating paragraph (6) as paragraph (7); <br />and <br />(C) by inserting after paragraph (5) the following new <br />paragraph: <br />"(gl Ino c crane+era cnr1 is i n.nl omonfin rr nrnnorirroc fnr <br />