To: Members & Affiliates From: National Office Date: December 4, 1998 Subject: AMSA Year 2000 Survey Analysis
EPA’S Y2K Enforcement Policy ReleasedReference: MU 98-21 For the past several months, AMSA has been actively engaged in assessing and gathering information on the Year 2000 (Y2K) "Millennium Bug." Two surveys (June 1998 and October 1998) of the AMSA membership were conducted to assess the extent to which wastewater agencies have evaluated the Y2K problem, the estimated costs to remedy the problem, the status of implementing solutions, the impacts of potential system failures, and whether plans are in place should their systems fail. Seventy-six of AMSA’s 208 agencies responded to the June 1998 survey, and 43 responded to the October 1998 follow-up survey. According to the survey, 95 percent of responding agencies have developed and are implementing plans to assess and address the Y2K problem. Of the responding agencies, 26 percent indicated that they have completed, or are close to completing their Y2K response efforts. While most of the responding agencies reported that they will have completed the awareness, inventory and assessments phases of the Y2K conversion by January 1, 1999, repair, testing, contingency planing and implementation will be the primary focus in 1999.
Based on the surveys and follow-up discussions with wastewater treatment agency staff, it appears that the large segment of the wastewater industry represented by AMSA’s membership will respond effectively to the challenges presented by the Y2K problem. While most of the responding agencies expect to by Y2K compliant by January 1, 2000, remediation, testing implementation, and contingency planning will need significant work in 1999. Attached for your information is the complete AMSA Year 2000 Survey Analysis. The survey analysis will serve as the foundation for AMSA testimony before the Senate Special Committee on the Year 2000 on December 18 when the Committee Chair Senator Robert Bennett (R-UT) plans a field hearing in Anaheim, California to examine water and wastewater readiness issues.
EPA’s Y2K Enforcement Policy
On November 30, 1998, EPA released their Y2K Enforcement Policy focusing on testing-related violations that are reported to EPA by February 1, 2000. Through this policy, EPA would like to encourage agencies to perform any necessary testing of computer systems and their related environmental components well in advance of the Year 2000. The policy states EPA’s intent to "waive 100% of the civil penalties that might otherwise apply, and to recommend against criminal prosecution, for environmental violations caused during specific tests that are designed to identify and eliminate Y2K-related malfunctions." The Agency has developed a set of nine criteria which must be meet for EPA to waive civil penalties and recommend against criminal prosecution. These criteria focus on testing protocols, the violations caused by testing, the time, length and necessity of the test, the level of harm caused by violations, immediate correction and remediation, reporting violations, retesting and the agency’s cooperation with EPA.Although EPA is not formally accepting comments on the policy due to the need to expedite testing, the Agency will consider general comments or concerns related to the policy. Comments should be directed to Gary A. Jonesi, EPA Senior Counsel for Strategic Litigation at 202/564-4002 or via E-mail to jonesi.gary@epamail.epa.gov . EPA states that it will "make publicly available any disclosures" under the policy, consistent with EPA’s rules regarding confidential business information. The policy also includes a disclaimer noting that the "enforcement policy does not constitute final agency action" on the issue. EPA plans to coordinate closely with states about violations of delegated program requirements.
AMSA plans to continue working closely with EPA to develop policy to clarify POTW liability for potential violations that occur after January 1, 2000, due to Y2K disruptions.
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