AWWA WQTC71411

AWWA WQTC71411 Drinking Water Utilities, Forensics and Litigation

Conference Proceeding by American Water Works Association, 11/01/2009

Reiber, Steve

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This paper discusses the growing risks/vulnerabilities of drinking water utilities to litigation. A utility can be a desireable high-profile prize to a lawyer because therate-payer base represents a large ready-made class; and, theformation of a class with the potential for aggregate payout is a plaintiffs' lawyers dream come true.A utility can minimize its targetpotential by adopting and adhering torecognized Standards of Care (SOCs). The paper discusses SOCs, along with the role of forensics in utility operation, a series of class-action suits in California collectively referred to as "Hartwell", and "safe harbor" - civil immunity from tort liability for a water supplier thathas not been found to be in significant noncompliance with drinking water standards.

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