DOCSLIB.ORG

Orders Are Impacting the Waste Industry Across the Country

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Orders Are Impacting the Waste Industry Across the Country How “Stay at Home” Orders are Impacting the Waste Industry Across the Country by Hannah D. Vanderlaan A FREEBORN & PETERS LLP CLIENT ALERT In a matter of days, Americans have been asked to stay home as states across the country issue orders requiring non-essential businesses to cease operations. Given the essential public health role of the waste and recycling industries, however, these industries must continue service. This alert explores how the Department of Homeland Security and most states that have issued “stay at home” orders recognize the waste industry as an essential service, allowing the industry to continue operating during these unprecedented times. Waste Industry Deemed “Essential Critical Infrastructure” by Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency The Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (“CISA”) has recognized solid and hazardous waste collection workers and wastewater treatment workers as part of the Essential Critical Infrastructure Workforce. This classification identifies workers who conduct operations and services that are essential to continued critical infrastructure and it is intended to help state and local officials as they contemplate how to protect their communities from COVID-19. CISA listed the following waste industry personnel as critical infrastructure workers: Transportation and Logistics Water and Wastewater systems; • Truck drivers who haul hazardous • Employees needed to operate • Chemical suppliers for and waste materials to support and maintain drinking water and wastewater and personnel critical infrastructure, capabilities, wastewater/drainage infrastructure, protection; and functions, and services. including: • Workers that maintain • Operational staff at water digital systems infrastructure Hazardous Materials authorities; supporting water and • Workers at nuclear facilities, • Operational staff at community wastewater operations. workers managing medical waste, water systems; workers managing waste from • Operational staff at wastewater Public Works pharmaceuticals and medical treatment facilities; • Support to ensure the effective material production, and workers • Workers repairing water and removal, storage, and disposal of at laboratories processing test wastewater conveyances and residential and commercial solid kits; performing required sampling waste and hazardous waste. • Workers who support hazardous or monitoring; materials response and cleanup; • Operational staff for water and distribution and testing; • Workers who maintain digital • Operational staff at wastewater systems infrastructure supporting collection facilities; hazardous materials management • Operational staff and technical operations. support for SCADA Control These classifications provide a significant benefit to the waste industry. While state, local, tribal, and territorial governments are ultimately in charge of implementing response activities in their communities, states across the nation are looking to CISA’s guidance to determine which businesses and employees to deem essential. As illustrated below, 16 out of 22 states that have issued “stay at home” orders follow the CISA guidance. How the Current “Stay at Home” Orders Impact the Waste Industry by State California Delaware California’s Stay at Home Order permits Delaware’s fourth and fifth modifications Illinois the critical infrastructure sectors, as to its state of emergency declaration Illinois’ Stay at Home Order permits outlined by CISA, to continue operating closed all non-essential businesses and essential infrastructure or essential while the Order is in effect. ordered Delaware residents to stay at businesses to continue operating while home. The fourth modification permits the Order is in effect. The Order defines Colorado the critical infrastructure sectors, as “solid waste and recycling collection and Colorado’s Stay at Home Order permits outlined by CISA, to continue operating removal” as essential infrastructure. The critical businesses to continue operating while the Order is in effect. The state Order also provides that the following are while the Order is in effect. The Order also published an independent list of essential businesses: (1) service providers directs the executive director of the essential and non-essential businesses. who provide services that are necessary Colorado Department of Public Health This list states that following businesses to maintaining sanitation; and (2) and Environment (“CDPHE”) to issue are essential: (1) waste collection; “manufacturing companies, distributors, a public health order identifying those (2) waste treatment and disposal; and supply chain companies producing critical businesses. CDPHE identified the and (3) remediation and other waste and supplying essential products and following as critical businesses: (1) public management services. services in and for industries such as water and wastewater; (2) trash, compost, . waste pickup and disposal.” The and recycling collection, processing and Hawaii definition of essential businesses also disposal; (3) firms and professionals Hawaii’s Stay at Home Order permits the encompasses workers identified in the for who provide services necessary critical infrastructure sectors, as outlined critical infrastructure sectors, as outlined to maintain the safety, sanitation, and by CISA, to continue operating while by CISA. critical operation of residences and other the Order is in effect. The Order also Critical Businesses or Critical Government specifically provides that “manufacturing Indiana Functions, and other essential services; companies, distributors, and supply chain Indiana’s Stay at Home Order permits (4) disinfection; (5) treatment plants; and companies producing and supplying the critical infrastructure sectors, as (6) hazardous material safety. essential products and services in and for outlined by CISA, to continue operating industries such as . waste pickup and while the Order is in effect. The Order Connecticut disposal” are essential businesses. also specifically provides that essential Connecticut’s Stay at Home Order infrastructure or essential businesses permits the critical infrastructure Idaho may continue operating while the Order sectors, as outlined by CISA, to continue Idaho’s Stay at Home Order permits is in effect. The Order defines “solid operating while the Order is in effect. The essential businesses and essential waste and recycling collection and Order also directed the Department of infrastructure to continue operating removal” as essential infrastructure. The Economic and Community Development while the Order is in effect. The Order Order also states that the following are (“DECD”) to issue guidance about which provides that “solid waste collection and essential businesses: (1) “manufacturing additional businesses are essential. The removal” is essential infrastructure. The companies, distributors, and supply chain DECD identified “water and wastewater Order further identifies “service providers companies producing and supplying operations, systems, and businesses” and who provide services that are necessary essential products and services in and for “trash and recycling collection, hauling, to maintaining the safety, sanitation, industries such as . waste pickup and and processing” as essential businesses. and essential operation of residences” disposal”; and (2) service providers who as an essential business. The Order also provide services that are necessary to incorporates by reference the guidance maintaining sanitation. issued by CISA. A Freeborn & Peters LLP Client Alert 2 Louisiana “solid waste collection and removal”; (5) The guidance also lists “trash and Louisiana’s Stay at Home Order permits “municipal transfer stations”; (6) “waste recycling collection, processing and the critical infrastructure sectors, as pickup and disposal”; (7) “wastewater disposal” as an essential service. outlined by CISA, to continue operating treatment”; (8) hazardous materials NYSDEC has explained that this includes while the Order is in effect. workers listed in the CISA guidance; and “collection, transportation, processing (9) “licensed site clean-up professionals and disposal activities for any solid Massachusetts and other workers addressing hazardous wastes, regulated medical waste, Massachusetts’ Stay at Home Order spills, waste sites, and remediation.” hazardous wastes, radioactive wastes permits essential services to continue and other associated waste categories”. operating while the Order is in effect. New Jersey NYSDEC also noted “[r]egulations The Order lists the critical infrastructure New Jersey’s Stay at Home Order does associated with these activities continue sectors, as outlined by CISA, as essential not explicitly identify waste removal as an to be in effect and any related questions services. essential business or service. Clarifying should be directed to appropriate DEC guidance, however, provides that all program staff.” Michigan businesses, aside from non-essential Michigan’s Stay at Home Order permits retail businesses and recreational and “Public water and wastewater” is also the critical infrastructure sectors, as entertainment businesses, may continue to identified as essential infrastructure. outlined by CISA, to continue operating operate. while the Order is in effect. Ohio New Mexico Ohio’s Stay at Home Order permits Minnesota New Mexico’s Stay at Home Order the critical infrastructure sectors, as Minnesota’s
Load more

Recommended publications
  • Critical Infrastructures: What Makes an Infrastructure Critical?
    Order Code RL31556 Report for Congress Received through the CRS Web Critical Infrastructures: What Makes an Infrastructure Critical? Updated January 29, 2003 John Moteff, Claudia Copeland, and John Fischer Resources, Science, and Industry Division Congressional Research Service ˜ The Library of Congress Critical Infrastructures: What Makes an Infrastructure Critical? Summary The Bush Administration’s proposal for establishing a Department of Homeland Security includes a function whose responsibilities include the coordination of policies and actions to protect the nation’s critical infrastructure. However, the proposal did not specify criteria for how to determine criticality or which infrastructures should be considered critical. Over the last few years, a number of documents concerned with critical infrastructure protection have offered general definitions for critical infrastructures and have provided short lists of which infrastructures should be included. None of these lists or definitions would be considered definitive. The criteria for determining what might be a critical infrastructure, and which infrastructures thus qualify, have expanded over time. Critical infrastructures were originally considered to be those whose prolonged disruptions could cause significant military and economic dislocation. Critical infrastructures now include national monuments (e.g. Washington Monument), where an attack might cause a large loss of life or adversely affect the nation’s morale. They also include the chemical industry. While there may be some debate about why the chemical industry was not on earlier lists that considered only military and economic security, it seems to be included now primarily because individual chemical plants could be sources of materials that could be used for a weapon of mass destruction, or whose operations could be disrupted in a way that would significantly threaten the safety of surrounding communities.
    [Show full text]
  • Infrastructure Failure I. Introduction Two Broad Areas of Concern
    Infrastructure Failure I. Introduction Two broad areas of concern regarding infrastructure failure include: • Episodic failure: temporary loss of power, technology associated with maintenance of the babies may fail, or some other temporary issue may occur. • Catastrophic failure: significant damage to hospital infrastructure or anticipated prolonged outage of critical systems may trigger a decision to perform a hospital evacuation. Preplanning requires recognition of potential threats or hazards and then development of management strategies to locate the resources and support patient needs. • In disasters, departmental leaders need to develop an operational chart to plan for a minimum of 96 hours for staff needs, as well as patient care needs and supplies that may be depleted as supplies are moved with the patients. In the event that supplies or equipment cannot be replenished, staff may need to improvise. It is important that staff become familiar with non-traditional methodologies to assist equipment-dependent emergencies for neonatal patients. • The first task in dealing with infrastructure emergencies is to complete a pre-disaster assessment of critical infrastructure (see Appendix A). A key consideration in deciding whether to issue a pre-event evacuation order is to assess vulnerabilities and determine anticipated impact of the emergency on the hospital and its surrounding community. II. Critical Infrastructure Self-Assessment Worksheet A Pre-Disaster Assessment of Critical Infrastructure Worksheet (Appendix A) is divided into eight sections: municipal water, steam, electricity, natural gas, boilers/chillers, powered life support equipment, information technology, telecommunications, and security. The Worksheet can be used in conjunction with the National Infrastructure Protection Plan (NIPP), which is a management guide for protecting critical infrastructure and key resources.
    [Show full text]
  • Risk Management Guide for Critical Infrastructure Sectors
    Risk Management Guide for Critical Infrastructure Sectors Risk Management Guide for Critical Infrastructure Sectors Page 1 of 37 Version 1.0 Contact: Critical Infrastructure Policy, Public Safety Canada. Risk Management Guide for Critical Infrastructure Sectors Foreword Managing risk is a shared responsibility among all critical infrastructure stakeholders, including governments, industry partners, first responders and non- government organizations. While partnerships and information sharing represent the building blocks of the Canadian approach to enhancing the resiliency of critical infrastructure, these cannot be undertaken in isolation of risk management and the development of plans and exercises to address these risks. Recognizing that the impacts of disruptions can cascade across sectors and jurisdictions, the purpose of this document is to provide practical guidance for implementing a coordinated, all-hazards approach to critical infrastructure risk management. Moving forward with this comprehensive risk management process requires federal departments and agencies to collaborate with their critical infrastructure partners, including industry stakeholders and other levels of government. While this guidance document promotes a common approach to critical infrastructure risk management, owners and operators and each jurisdiction are ultimately responsible for implementing a risk management approach appropriate to their situation. This guide is adapted from the ISO 31000 International Standard: “Risk Management – Principles and guidelines on implementation”, and includes the following sections: 1. Overview, Principles and Process 2. Sector Networks: Communication and consultation 3. Sector Overviews: Part 1 – Sector Operations 4. Sector Overviews: Part 2 – Sector Risk Profile 5. Sector Overviews: Part 3 – Sector Workplan 6. Ongoing improvement and feedback Sections 2 through 6 focus on implementation and contain the following sub- sections: Key Elements : The inputs and expected deliverables.
    [Show full text]
  • Water Sector Cybersecurity Brief for States
    WATER SECTOR CYBERSECURITY BRIEF FOR STATES Introduction Implementing cybersecurity best practices is critical for water and wastewater utilities. Cyber-attacks are a growing threat to critical infrastructure sectors, including water and wastewater systems. Many critical infrastructure facilities have experienced cybersecurity incidents that led to the disruption of a business process or critical operation. Cyber Threats to Water and Wastewater Systems Cyber-attacks on water or wastewater utility business enterprise or process control systems can cause significant harm, such as: • Upset treatment and conveyance processes by opening and closing valves, overriding alarms or disabling pumps or other equipment; • Deface the utility’s website or compromise the email system; • Steal customers’ personal data or credit card information from the utility’s billing system; and • Install malicious programs like ransomware, which can disable business enterprise or process control operations. These attacks can: compromise the ability of water and wastewater utilities to provide clean and safe water to customers, erode customer confidence, and result in financial and legal liabilities. Benefits of a Cybersecurity Program The good news is that cybersecurity best practices can be very effective in eliminating the vulnerabilities that cyber-attacks exploit. Implementing a basic cybersecurity program can: • Ensure the integrity of process control systems; • Protect sensitive utility and customer information; • Reduce legal liabilities if customer or employee personal information is stolen; and • Maintain customer confidence. Challenges for Utilities in Starting a Cybersecurity Program Many water and wastewater utilities, particularly small systems, lack the resources for information technology (IT) and security specialists to assist them with starting a cybersecurity program. Utility personnel may believe that cyber-attacks do not present a risk to their systems or feel that they lack the technical capability to improve their cybersecurity.
    [Show full text]
  • Designating Regional Elements System in a Critical Infrastructure System in the Context of the Czech Republic
    systems Article Designating Regional Elements System in a Critical Infrastructure System in the Context of the Czech Republic Petr Novotny 1,* and Michaela Janosikova 2 1 Faculty of Safety Engineering, VSB—Technical University of Ostrava, Lumirova 630/13, 700 30 Ostrava-Vyskovice, Czech Republic 2 Faculty of Security Engineering, University of Zilina, 1. Maja 32, 01026 Zilina, Slovakia; [email protected] * Correspondence: [email protected]; Tel.: +420-597-322-834 Received: 18 March 2020; Accepted: 17 April 2020; Published: 22 April 2020 Abstract: Critical infrastructure is a complex system whose disruption or failure results in significant impacts on state interests, i.e., territorial security, economy, and the basic needs of the population. The current European Critical Infrastructure Protection Model does not allow the direct identification of critical elements at the regional level. Based on this, the paper brings a proposal for a unified system of critical infrastructure design based on a bottom-up approach. It is a progressive approach, utilizing contemporary trends in the application of science-based knowledge to critical infrastructure. A holistic view of this issue allows us to take into account the needs and preferences of the population, the preferences of the stakeholders and the local conditions of the region under consideration. The novelty of this approach is seen, in particular, in the identification of regional critical infrastructure elements through an integral assessment of these elements’ failure impact, not only on the dependent subsectors, but also on the population (population equivalent) in the assessed region. The final part of the paper presents a case study demonstrating the practical application of the proposed system to the road infrastructure in the Pardubice Region of the Czech Republic.
    [Show full text]
  • Efforts to Identify Critical Infrastructure Assets and Systems
    Department of Homeland Security Office of Inspector General Efforts to Identify Critical Infrastructure Assets and Systems OIG-09-86 June 2009 Office of Inspector General U.S. Department of Homeland Security Washington, DC 20528 June 30, 2009 Preface The Department of Homeland Security (DHS) Office of Inspector General (OIG) was established by the Homeland Security Act of 2002 (Public Law 107-296) by amendment to the Inspector General Act of 1978. This is one of a series of audit, inspection, and special reports prepared as part of our oversight responsibilities to promote economy, efficiency, and effectiveness within the department. This report addresses Department of Homeland Security identification and use of critical infrastructure asset and systems data. We based our report on interviews with relevant agencies, direct observations, and a review of applicable documents and data. The recommendations herein have been developed to the best knowledge available to our office, and have been discussed in draft with those responsible for implementation. We trust this report will result in more effective, efficient, and economical operations. We express our appreciation to all who contributed to the preparation of this report. Richard L. Skinner Inspector General Table of Contents/Abbreviations Executive Summary.............................................................................................................1 Background..........................................................................................................................2
    [Show full text]
  • Critical Utility Infrastructures: the U.S. Experience
    CriticalCritical UtilityUtility Infrastructures:Infrastructures: TheThe U.S.U.S. ExperienceExperience Robert M. Clayton III Commissioner, Missouri Public Service Commission Chairman, NARUC Committee on International Relations EU-US Energy Regulators Roundtable December 5-6, 2007 Athens, Greece OverviewOverview I. WhatWhat isis “Critical“Critical Infrastructure?”Infrastructure?” II. ExamplesExamples ofof CriticalCritical InfrastructureInfrastructure andand disasterdisaster preparationpreparation fromfrom thethe UnitedUnited StatesStates III. CriticalCritical InfrastructureInfrastructure inin thethe 2121st CenturyCentury 2 I.I. WhatWhat IsIs CriticalCritical Infrastructure?Infrastructure? A. ElectricityElectricity B. NaturalNatural GasGas C. TelecommunicationsTelecommunications D. EconomicEconomic FunctionFunction E. PoliticalPolitical GoalsGoals 3 A.A. WhatWhat IsIs Critical?Critical? ElectricityElectricity When there is an outage, the productivity losses to commercial and industrial customers can be tremendous, ranging from thousands to millions of dollars for a single event. The cost to manufacturing facilities can be even higher. More and more commercial and industrial customers are purchasing or renting generators to provide backup power in case their electric service is interrupted. Today, even voltage dips that last less than 100 milliseconds can have the same effect on industrial process as an outage that lasts several minutes or more. ⇒ High Quality electricity deliverydelivery is a critical need, and the infrastructure needed
    [Show full text]
  • CRR Resource Guide: Asset Management
    CRR Supplemental Resource Guide Volume 1 Asset Management Version 1.1 Copyright 2016 Carnegie Mellon University This material is based upon work funded and supported by Department of Homeland Security under Contract No. FA8721-05-C-0003 with Carnegie Mellon University for the operation of the Software Engineering Institute, a federally funded research and development center sponsored by the United States Department of Defense. Any opinions, findings and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of Department of Homeland Security or the United States Department of Defense. NO WARRANTY. THIS CARNEGIE MELLON UNIVERSITY AND SOFTWARE ENGINEERING INSTITUTE MATERIAL IS FURNISHED ON AN “AS-IS” BASIS. CARNEGIE MELLON UNIVERSITY MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, WARRANTY OF FITNESS FOR PURPOSE OR MERCHANTABILITY, EXCLUSIVITY, OR RESULTS OBTAINED FROM USE OF THE MATERIAL. CARNEGIE MELLON UNIVERSITY DOES NOT MAKE ANY WARRANTY OF ANY KIND WITH RESPECT TO FREEDOM FROM PATENT, TRADEMARK, OR COPYRIGHT INFRINGEMENT. [Distribution Statement A] This material has been approved for public release and unlimited distribution. Please see Copyright notice for non-US Government use and distribution. CERT® and OCTAVE® are registered marks of Carnegie Mellon University. DM-0003275 Distribution Statement A: Approved for Public Release; Distribution is Unlimited Table of Contents I. Introduction ..............................................................................................................................................................
    [Show full text]
  • Critical Infrastructure (HSIN-CI)
    Homeland Security FACT SHEET Information Network Homeland Security Information Network— Critical Infrastructure (HSIN-CI) Critical Infrastructure Information Sharing Environment and HSIN-CI Successful Critical Infrastructure Protection (CIP) requires coordination and collaboration between critical infrastructure owners and operators, the Department of Homeland Security (DHS), other Federal agencies, and State and Local government. This strategic and operational CIP coordination and collaboration happens within the Critical Infrastructure Information Sharing Environment (CI ISE). The CI ISE’s primary collaboration tool is the Homeland Security Information Network for Critical Infrastructure (HSIN-CI). HSIN-CI is a secure, unclassified, web-based communications system that serves as the primary, nationwide DHS collaboration system for sharing Sensitive But Unclassified information. HSIN-CI supports the CI ISE by serving as a common platform to provide tactical and planning communication functionality for private sector critical infrastructure owners and operators. HSIN-CI as an Information Sharing Platform DHS has designated HSIN-CI to be its primary information sharing platform between and within the critical infrastructure sectors and State and Local fusion centers. HSIN-CI enables DHS and the critical infrastructure sector stakeholders to communicate, coordinate and share information in support of the Sector Partnership Framework at no charge to sector stakeholders. Through HSIN-CI, users are able to: § Receive, submit and discuss timely,
    [Show full text]
  • CISA Guidance on Essential Critical Infrastructure Workers
    U.S. Department of Homeland Security Cybersecurity & Infrastructure Security Agency Office of the Director Washington, DC 20528 March 28, 2020 ADVISORY MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE FROM: Christopher C. Krebs Director Cybersecurity and Infrastructure Security Agency (CISA) As the Nation comes together to slow the spread of COVID-19, on March 16th the President issued updated Coronavirus Guidance for America that highlighted the importance of the critical infrastructure workforce. The Cybersecurity and Infrastructure Security Agency (CISA) executes the Secretary of Homeland Security’s authorities to secure critical infrastructure. Consistent with these authorities, CISA has developed, in collaboration with other federal agencies, State and local governments, and the private sector, an “Essential Critical Infrastructure Workforce” advisory list. This list is intended to help State, local, tribal and territorial officials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security. Decisions informed by this list should also take into consideration additional public health considerations based on the specific COVID-19-related concerns of particular jurisdictions. This list is advisory in nature. It is not, nor should it be considered, a federal directive or standard. Additionally, this advisory list is not intended to be the exclusive list of critical infrastructure sectors,
    [Show full text]
  • Maritime Critical Infrastructure Protection: DHS Needs to Enhance
    United States Government Accountability Office Testimony Before the Subcommittee on Border and Maritime Security, Committee on Homeland Security, House of Representatives For Release on Delivery Expected at 10:00 a.m. ET Thursday, October 8, 2015 MARITIME CRITICAL INFRASTRUCTURE PROTECTION DHS Needs to Enhance Efforts to Address Port Cybersecurity Statement of Gregory C. Wilshusen, Director, Information Security Issues GAO-16-116T October 8, 2015 MARITIME CRITICAL INFRASTRUCTURE PROTECTION DHS Needs to Enhance Efforts to Address Port Highlights of GAO-16-116T, a testimony Cybersecurity before the Subcommittee on Border and Maritime Security, Committee on Homeland Security, House of Representatives Why GAO Did This Study What GAO Found The nation’s maritime ports handle Similar to other critical infrastructures, the nation’s ports face an evolving array of more than $1.3 trillion in cargo each cyber-based threats. These can come from insiders, criminals, terrorists, or other year: a disruption at one of these ports hostile sources and may employ a variety of techniques or exploits, such as could have a significant economic denial-of-service attacks and malicious software. By exploiting vulnerabilities in impact. Increasingly, port operations information and communications technologies supporting port operations, cyber- rely on computerized information and attacks can potentially disrupt the flow of commerce, endanger public safety, and communications technologies, which facilitate the theft of valuable cargo. can be vulnerable to cyber-based attacks. Federal entities, including In its June 2014 report, GAO determined that the Department of Homeland DHS’s Coast Guard and FEMA, have Security (DHS) and other stakeholders had taken limited steps to address responsibilities for protecting ports cybersecurity in the maritime environment.
    [Show full text]
  • Protecting the Water Sector's Critical
    Protecting the Water Sector’s Critical Infrastructure Information Analysis of State Laws Ideal crop marks create jobs 51/shutterstock.com jobs create Dedicated to the World’s Most Important Resource ® Gorodenkoff/shutterstock.com Acknowledgements The research for this report was supported by policy interns in AWWA’s Government Affairs Office in Washington, DC, including Gabriela Rossner and Erin Ress and managed by Kevin Morley, AWWA Federal Relations Manager. Disclaimer This report includes excerpts of statutory text addressing the protections provided to information that may be included in a risk and resilience assessment and/or emergency response plan prepared by a community water system in compliance with §2013 of Americas Water Infrastructure Act of 2018. This report is provided for reference purposes only and does not represent an official legal opinion. Legal counsel should be consulted when exercising these information protections. © Copyright 2020 American Water Works Association | 3 SUMMARY: merica’s Water Infrastructure Act (AWIA) of 2018 requires community water systems that serve 3,300 or more persons to 1) conduct a risk and resilience Aassessment (RRA) and 2) prepare or revise an emergency response plan (ERP). In recognition of the security sensitive information developed by state and local entities, many states have taken steps to exempt this information from public release. Thirty- four states currently have disclosure exemption laws that specifically address the type of information a utility would be required to develop and prepare in compliance with AWIA. The remaining states have some protections that may, or may not, apply to critical infrastructure information. This report is a review and summary of the protections available for the information developed by a water utility per AWIA at the state level.
    [Show full text]