SURVEY OF STATE GROUND-WATER QUALITY
PROTECTION LEGISLATION ENACTED FROM 1985 THROUGH 1987
U.S. Environmental Protection" Agency
Office of Water
Office of Ground-Water Protection
Washington, DC 20460
TT.S. Environmental v
v.3g'ion 5, Library ('.•:
230 S. Dearborn Stree
Chicago, IL 60604
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ACKNOWLEDGMENTS
This report was prepared by the National Conference of State Legislatures
(NCSL) under grant number 814754-01-0 from the Office of Ground-Water Protec-
tion (OGWP), U.S. Environmental Protection Agency (EPA), Washington, DC. Lar-
ry Morandi and Paul Doyle were NCSL project staff. Clare Donaher and Norma
Hughes in the OGWP, coordinated the project for EPA.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY vii
INTRODUCTION 1
PART ONE:
COMPARISON OF STATE LEGISLATION, 1985-87 3
PART TWO:
SUMMARIES OF LEGISLATION BY STATE, 1985-87 11
Region I 13
Region II 19
Region III 20
Region IV 24
Region V 26
Region VI 30
Region VII 32
Region VIII 35
Region IX 38
Region X 43
PART THREE:
SUMMARIES OF LEGISLATION BY CATEGORY, 1985-87 45
Statewide Strategies 47
Ground-Water Classification 54
Standard Setting 57
Land Use Management 60
Ground-Water Funds 64
Agricultural Chemicals 67
Underground Storage Tanks 77
Water Use Management 91
APPENDIX:
LEGISLATIVE RESEARCH STAFFS 95
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EXECUTIVE SUMMARY
In August 1984, the U.S. Environmental Protection Agency (EPA) released
its Ground-Water Protection Strategy. The strategy emphasizes the predomi-
nant role of states in protecting ground-water quality, and commits EPA to
assisting the states in building the institutional capability to protect
ground water. Part of this effort includes providing states with informa-
tion on alternative policy approaches.
A majority of states have developed some form of ground-water protection
policy (as noted in EPA's March 1985 publication entitled, Overview of State
Ground-Water Program Summaries), but few have comprehensive programs com-
parable to those protecting surface-water quality. To achieve the same
level of effectiveness, additional state efforts may be required. Legisla-
tive involvement is important if the necessary policy direction, management
authority, and funding to support program development and implementation is
to be assured.
In order to provide information that may assist states in policy
development, this report surveys state legislation designed to protect
ground-water quality enacted during the 1985, 1986, and 1987 sessions (the
three complete legislative sessions following publication of EPA's Ground-
Water Protection Strategy). The summaries of 1985 legislation that appeared
in EPA's April 1987 publication entitled, Survey of State Ground-Water
Quality Protection Legislation, 1985, are incorporated into this report to
provide continuity.
Eight major categories of legislation are summarized: statewide strate-
gies, ground-water classification, standard setting, land use management,
ground-water funds, agricultural chemicals, underground storage tanks, and
water use management. The first five categories were selected because they
represent the principal components of state and local ground-water quality
protection programs that have evolved since the late 1970s. The next two
categories address emerging issues contained in EPA's Ground-Water Protec-
tion Strategy that have received significant congressional consideration.
The final category represents a recognition that unmanaged water use can
affect water quality by dissolving and transporting pollutants into aquifers
or inducing salt-water intrusion. Legislation primarily designed to allo-
cate ground water, however, is not included.
During the 1985-87 legislative sessions, 37 states enacted legislation
that could be placed in at least one of the eight major categories described
above. The breakdown of states by category of legislation is as follows:
statewide strategies--12; ground-water classification--3; standard setting--
5; land use management--6; ground-water funds--3; agricultural chemicals--
25; underground storage tanks--27; and water use management--3.
An assessment of the survey results suggests that states are using
legislative approaches to develop ground-water protection strategies more in
response to specific problems, e.g., pesticide contamination and leaking
underground storage tanks, than through comprehensive programs capable of
addressing a range of problems. Congressional policy also has focused state
attention on specific issues; the inclusion of a national underground
storage tank program in the 1984 amendments to the Resource Conservation and
Recovery Act (RCRA) and the 1986 Superfund Amendments and Reathorization Act
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(SARA) has provided an incentive (the assumption of state primacy over oro
l™^™Sfii°y*0r State aCti0n' EqU*lly "oteworthy rhSeresP;
state initiative taken in response to ground-water problems caused bv
agricultural chemical use in the absence of clear federal direction
statkewide strategies' legislation may not be as pervasive as
hnnlH nnnh9 *?? sPeciflc. 9/ound-water concerns, the lack of legislation
should not be taken as an indication of limited comprehensive state oroaram
development. Many of the state ground-water protection programs deSeloped
?ni?r r° the ,rele,ase °f,EPA'S G™und-Water Protection Strategy thosHn New
York, Connecticut, and New Mexico, for example-were formulated unde7
general water quality enabling statutes that were designed primarily to pro-
tect surface water but also authorized a state agency to regu ate discharges
to ground water (usually under the definition of "waters of the statf"
which includes ground water). J>t«e,
As a result of executive agency action, ground-water classification and
S6t n Pr°gramS have been dev^oped in several states (see
io M , sa
May 1985 publication entitled, Selected State and Territory
Classification Systems). Legislatures, nonetheless, have monitored such
program development through the budgetary and regulation review processes
Statewide Strategies
Twelve states enacted legislation in this category during the 1985-87
sessions-Connect cut Maine, Rhode Island, Vermont, Mary and Virginia
Illinois Minnesota Iowa Arizona, Hawaii, and Washington The strateg es
exhibited a range of regulatory (ground-water classification, standard set-
li?tiJ Use.mana9«nent, discharge permits) and nonregulatory (data col-
lection aquifer mapping, ground-water monitoring, studies) features
Arizona's 1986 Environmental Quality Act (Chapter 368) perhaps comes closest
to incorporating the full range of policy options into a sinSle ground SateJ
r^!10n-tStTH9y- Illin°VS' 1987 G^nd-Water Protect! onAct9[Sic Act
o^reaulltnrv aenHaf°9rai\that eventua11* ^ encompass a comparable blend
of regulatory and nonregulatory components. Iowa's 1987 Ground-Water Pro
tection Act (Chapter 225) contains virtually no regulatory provisions con
centrating instead on research, education and demonstration project is ?he
framework for future pol icymaking. projects as tne
In addition to Arizona, two states-Rhode Island and Vermont-emDhasized
ground-water classification and standard setting provisions™ ^ theTleqis
lation. Four states--Connecticut, Maryland, Virginia, and Hawaii -set UD
executive agency studies to determine the most appropriate ground water oro
tection approach for the state with a requirement that the Igency report Us"
findings and recommendations to the legislature for action Other ao
ol erne tat ^nn T^ ^ ^ 10Cal 9ove^nts in the development and Im-
plementation of a comprehensive ground-water protection program.
Ground-Water Classification
Three states enacted legislation in this category during the 1985-87
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land use regulation typically are utilized to protect the designated uses of
classified ground water.
Standard Setting
Five states enacted legislation in this category during the 1985-87 ses-
sions, generally as part of comprehensive ground-water protection strate-
gies—Rhode Island, Vermont, Illinois, Arizona, and Hawaii. The legislation
requires the establishment of water quality or drinking water standards--
threshold levels beyond which contamination of an aquifer will occur—as the
basis for regulation of point and nonpoint source discharges into ground
water. If the standards for a particular contaminant are breached, the pol-
lution source may be required to alter or curtail its discharge activities.
Land Use Management
Six states enacted legislation in this category during the 1985-87
sessions — Connecticut, Rhode Island, New York, Florida, Minnesota, and
Washington. Land use management generally entails the adoption of local
government regulations to control activities that contribute to nonpoint
source pollution in aquifer recharge zones. Regulation may take the form of
zoning ordinances or facility siting procedures to control the density of
development, or the employment of best management practices aimed at
specific land disturbing activities. New York's 1987 Chapter 528 es-
tablishes a regional planning mechanism and state financial assistance for
ground-water protection areas in sole source aquifers. Local land use reg-
ulation on Long Island was an important precedent in developing New York's
legislation. The potential availability of federal funds contained in the
1986 Safe Drinking Water Act amendments to protect aquifer recharge zones
also provided an incentive.
Ground-Hater Funds
Three states enacted legislation in this category during the 1985-87
sessions (funds designed specifically to address pesticide pollution or
leaking underground storage tanks are described within those categories)--
Maine, Wisconsin, and Iowa. Ground-water funds primarily are designed to
finance the cleanup of ground-water contamination or the provision of alter-
nate drinking water supplies necessitated by pollution. They also may be
used to defray the costs of developing or implementing a ground-water pro-
tection program.
Agricultural Chemicals
Twenty-five states enacted legislation in this category during the 1985-
87 sessions.
Connecticut Mississippi Kansas
Maine North Carolina Nebraska
New Hampshire South Carolina Colorado
Rhode Island Illinois North Dakota
Vermont Minnesota South Dakota
Maryland Wisconsin Arizona
Pennsylvania Louisiana California
West Virginia Iowa Hawaii
Florida
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^^^
and demonstratnon projects financed largely by user fels the n
"
Underground Storage Tanks
(RCRA^6 rl^pHmendmentS t0 uhe Resource Conservation and Recovery Act
(RCRA), created a new, comprehensive federal roram for reaulation nf
program for the
u.
New HampshTre
Vermont
New Jersey
°elaware
M*r ,
North Carol ma
Illinois
Indiana
Minnesota
Wisconsin
Louisiana
New Mexico
Texas
Iowa
Nebraska
Montana
North Dakota
South Dakota
Utah
Arizona
California
Hawaii
Washington
to comply with RCRA
and
standards).
Lousiana amended the
The Congress adopted a provision in the Superfund Amendments and Rea,,
thonzat,on Act (SARA) of 1986 mandating that $500 milHon be ra,sed and
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dispersed to the states over the following five years to help mitigate the
effects of leaking underground storage tanks. Nine states-Maine, New Hamp-
shire, Vermont, Delaware, Virginia, Florida, Minnesota, Wisconsin, and Ore-
gon-have developed trust funds specifically targeted for clean-up
activities.
Water Use Management
Three states enacted legislation in this category during the 1985-87
sessions-Texas, Nebraska, and Montana. Water use management is comparable
to land use management in that the activity causing pollution is regulated.
For example, agricultural irrigation can dissolve natural and man-made con-
taminants and leach them through the soil into ground water; Nebraska's 1986
LB 894 attempts to resolve a nitrate problem by managing irrigation prac-
tices in critical areas. Unmanaged ground-water withdrawals likewise can
induce salt-water intrusion, especially in coastal areas.
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INTRODUCTION
In August 1984, the U.S. Environmental Protection Agency (EPA) released
its Ground-Water Protection Strategy. The strategy emphasizes the predominant
role of states in protecting ground-water quality, and commits EPA to assist-
ing the states in building the institutional capability to protect ground
water. Part of this effort includes providing states with information on al-
ternative policy approaches.
A majority of states have developed some form of ground-water protection
policy (as noted in EPA's March 1985 publication entitled, Overview of State
Ground-Water Program Summaries), but few have comprehensive programs com-
parable to those protecting surface-water quality. To achieve the same level
of effectiveness, additional state efforts may be required. Legislative in-
volvement is important if the necessary policy direction, management authori-
ty, and funding to support program development and implementation is to be
assured.
In order to provide information that may assist states in policy develop-
ment, this report surveys state legislation designed to protect ground-water
quality enacted during the 1985, 1986, and 1987 sessions (the three complete
legislative sessions following publication of EPA's Ground-Water Protection
Strategy). The summaries of 1985 legislation that appeared in EPA's April
1987 publication entitled, Survey of State Ground-Water Quality Protection
Legislation, 1985, are incorporated into this report to provide continuity.
Eight major categories of legislation are summarized: statewide strate-
gies, ground-water classification, standard setting, land use management,
ground-water funds, agricultural chemicals, underground storage tanks, and
water use management. The first five categories were selected because they
represent the principal components of state and local ground-water quality
protection programs that have evolved since the late 1970s. The next two cat-
egories address emerging issues contained in EPA's Ground-Water Protection
Strategy that' have received significant congressional consideration. The
final category represents a recognition that unmanaged water use can affect
water quality by dissolving and transporting pollutants into aquifers or in-
ducing salt-water intrusion. Legislation primarily designed to allocate
ground water, however, is not included.
The report is divided into three sections. Part One compares legislation
enacted in each state during the 1985-87 sessions by category of legislation
in matrix form. Part Two summarizes all categories of legislation enacted on
a state-by-state basis. Part Three summarizes legislation on a category-by-
category basis.
The states are classified by EPA Region (Regions I-X), with the New En-
gland states (Region I) appearing first. Legislation summarized under each
state appears in the following order: (1) category of legislation (statewide
strategies, ground-water classification, standard setting, land use manage-
ment, ground-water funds, agricultural chemicals, underground storage tanks,
and water use management); (2) year of enactment (1985, 1986, 1987); and (3)
chronological number of act or chapter.
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tn th ^states adopted legislation during the 1985-87 sessions pertaining
to the eight categories selected. Additionally, not every bill passed in each
category is summarized; for inclusion in the survey, there must be a reason
ab y ascertainable intent to protect ground-water quality. For each biT 1 en-
acted I the session law number (act or chapter) and the citation as codified in
the state s statutes are provided. The report concludes with an appendix
' 6Vant S6 Ie
™p- Ieg;slat1ve staff ^om whom additional infomation
on the legislation enacted may be obtained.
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PART ONE:
COMPARISON OF STATE LEGISLATION, 1985-87
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SUMMARY AND ANALYSIS
This section compares state ground-water quality protection legislation
enacted during the 1985-87 sessions by category of legislation in a matrix
format. The eight categories are statewide strategies, ground-water clas-
sification, standard setting, land use management, ground-water funds,
agricultural chemicals, underground storage tanks, and water use management.
The eight major categories of legislation are defined as follows:
(1) Statewide Strategies: requiring a state agency or group of agencies
to develop a comprehensive plan to protect ground-water quality from contami-
nant sources in any area of the state. The strategy may apply existing reg-
ulatory authority to ground-water problems or recommend the enactment of new
legislation. Specific components may include ground-water classification,
standard setting, land use management, or other options described in this
report.
(2) Ground-Mater Classification: identifying and categorizing ground-
water sources by current and future uses,to determine the degree of protection
necessary to maintain ground-water quality at levels sufficient to continue
such uses. Classification can be used as a planning tool to set water quality
standards, discharge permit requirements, and land use controls.
(3) Standard Setting: ground-water quality standards are used to set
threshold levels beyond which contamination of an aquifer from a discharge may
occur. Violation of standards can affect the designated uses of a ground-
water source established by a classification system.
(4) Land Use Management: planning and regulatory mechanisms to control
land-disturbing activities that may contaminate an aquifer. Land use manage-
ment is primarily a local government function, and may include zoning ordinan-
ces or the acquisition or transfer of development rights to prevent unrea-
sonable development in aquifer recharge zones.
(5) Ground-Water Funds: specific financial accounts established for the
purposes of protecting ground-water quality and providing compensation for
damages to underground drinking water supplies. Revenue in these funds may be
used for ground-water cleanup, replacement of drinking water supplies, or
monitoring ground-water quality. General environmental response funds or
state "superfunds" are not included.
(6) Agricultural Chemicals: regulation of the use, sale, labeling, and
disposal of pesticides, herbicides, and fertilizers.
(7) Underground Storage Tanks: establishing criteria for the registra-
tion, construction, installation, monitoring, repair, closure, financial
responsibility, and leaks associated with underground tanks storing hazardous
wastes or materials.
(8) Water Use Management: including ground-water quality protection in
the criteria used to justify more stringent water allocation measures in
designated critical areas.
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th.t rn n9H h I1985;87 Ie9islative sessions, 37 states enacted legislation
that could be placed in at least one of the eight major categories described
above. The breakdown of states by category of legislation is as follows
statewide strategies--12; ground-water classification-^; standard setting- 5-
land use management-^; ground-water funds--3; agricu itural chemicals -25-'
underground storage tanks--27; and water use management-^ cnemicais 25,
An assessment of the survey results suggests that states are using legis-
lative approaches to develop ground-water protection strategies more in
response to specific problems, e.g., pesticide contamination and leakinS
underground storage tanks, than through comprehensive programs capable of ad
dressing a range of problems. Congressional policy also has focued state
attention on specific issues; the inclusion of a national underground storage
'' '
(RCRA^'and' tt6 112 f*ndf<** *° ^ ^^ Conservation and Recovery
(RlRA) and the 1986 Superfund Amendments and Reauthorization Act (SARA)
has provided an incentive (the assumption of state primacy over program ad-
inU tfvrt/°r-State actiotn' Equally notew°rthy, however, is^e state
initiative taken in response to ground-water problems caused by agricultural
chemical use in the absence of clear federal direction. agricultural
Although statewide strategies' legislation may not be as pervasive as that
dealing with specific ground-water concerns, the lack of legislation should
not be taken as an indication of limited comprehensive state program develop
ment. Many of the state ground-water protection programs developed prior to
the release of EPA's Ground-Water Protection Strategy-those in New York Con-
nee icut, and New Mexico, for example-were formulated under general wateV
quality enabling statutes that were designed primarily to protect surface
water but also authorized a state agency to regulate discharges
" °f the state' " "
As a result of executive agency action, ground-water classification and
standard setting programs have been developed in several states (see EPA'" May
C tUled' taten
caion S , .^
l1^1^1^^^^^ Le91s1^nFe771^eTh?riI?71^^ monitored such oroaram
development through the budgetary and regulation review processes
lon-1?6/0110^9. "l^,3^ tab1e compare state ground-water quality protection
PCI L% " enMacted d^"9 the 1985 through 1987 sessions by category of
legislation. More detailed assessments of state legislation appear in the
sections preceding the summaries in Part Three of this report
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Comparison of State Legislation, 1985-87
Five
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••a
"
II - NJ
NY
MD
PA
VA
wv
iv - AL
NC
sc
TN
MI
s
wi
COMPARISON OF STATE LEGISLATION, 1985-87
SSL
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COMPARISON OF STATE LEGISLATION, 1985-87
Statewide Ground-Water Standard Land Use Ground-Water Agricultural Underground Water Use
Region-State Strategies Classification Setting Management Funds Chemicals Storage Tanks Management
VI - AR
LA
NM
OK
TX
VII - IA
KS
MO
NE
VIII- CO
MT
ND
SD
UT
WY
IX - AZ
CA
HI
NV
X - flK
ID
OR
WA
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PART TWO:
SUMMARIES OF LEGISLATION BY STATE, 1985-87
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REGION I
CONNECTICUT
Statewide Strategies
Special Act 85-84 (1985); not codified
Requires the Commissioner of Environmental Protection to report to the
legislature by January 15, 1987, on options to protect public underground
drinking water supplies. The report must include a map of ground-water areas
needing protection and a management strategy to protect watersheds and
recharge zones from land use activities.
Land Use Management
Public Act 85-279 (1985); G.S.C., 8-2, 8-23
Requires local development plans and zoning regulations to consider pro-
tection of underground drinking water supplies.
Agricultural Chemicals
Public Act 85-273 (1985); 6.S.C., 22a-50, 22a-52, 22a-53, 22a-58
Authorizes the Commissioner of Environmental Protection to reclassify
general use pesticides to a restricted use category, thereby requiring a per-
mit for their use. Also requires private appl icators--principally farmers — to
maintain records of restricted pesticide use.
Public Act 86-353 (1986); G.S.C., 22a-66b et seq.
Authorizes the Commissioner of Environmental Protection to develop a reg-
istration program for pesticide application businesses. The act requires such
businesses to apply to the commissioner for a registration certificate and
sets standards by which applications will be considered.
MAINE
Statewide Strategies
Chapter 491 (1987); M.R.S.A., 38:569
Requires the Department of Environmental Protection to set standards for
the cleanup and removal of discharges into ground water. Authorizes the de-
partment to issue clean-up orders, establish enforcement procedures and penal-
ties, and determine third-party damages.
Ground-Rater Funds
Chapter 491 (1987); M.R.S.A., 23:3659
Enables the owner of a private water supply that has been contaminated by
a political subdivision to apply for compensation. The act sets standards for
an application and the conditions and procedures to be used in reaching a set-
tlement. It also establishes limits on the liability of political subdivi-
sions for compensation.
Agricultural Chemicals
Chapter 465 (1985); M.R.S.A., 38-402
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Requires the Maine Geological Survey to conduct a 3-year study assessing
the impact of agricultural practices and chemicals on ground-water quality.
The study will address the extent and level of pesticide contamination; the
movement of pesticides into ground water; and the synergistic effects of pes-
ticides and their persistence in ground water. An annual report must be sub-
mitted to the legislature's Joint Committee on Energy and Natural Resources.
Underground Storage Tanks
Chapter 496 (1985); M.R.S.A., 38-561 et seq.
Requires the Board of Environmental Protection to develop an underground
oil storage tank, program. The program requirements include (1) registration
of all underground oil tanks; (2) design, installation, maintenance, operat-
ing, and monitoring standards; and (3) tank replacement and abandonment
procedures.
The chapter creates a Ground-Water Oil Clean-up Fund comprised of reg-
istration fees, penalties, and reimbursements. The fund will be used to de-
fray expenses for research and development, third party damages from leaking
underground storage tanks, and arbitration costs encountered in settling
disputes.
The chapter also establishes joint and several liability for ground-water
contamination, and relaxes the proof of causation requirement when the state
determines liability.
Chapter 626 (1986); M.R.S.A., 38:564
Sets additional design and installation standards for underground storage
tanks.
Chapter 410 (1987); M.R.S.A., 32:10001 et seq.
Expands the underground oil storage tank installers certification program
to include the storage of hazardous substances and sets specific certification
requirements.
Chapter 491 (1987); M.R.S.A., 38-.563-A, 563-B, 565, 566-A
Requires the Department of Environmental Protection to develop a com-
pliance schedule by which all nonconforming underground oil storage tanks must
be replaced. Authorizes the department to set standards for tank removal,
testing, leak detection, and financial responsibility.
The chapter further requires all underground storage tanks to be
precision-tested every five years or, as an alternative, to have ground-water
monitoring wells installed.
Chapter 521 (1987); M.R.S.A., 10:963-A, 1023-D, 1024, 1026
Creates a nonlapsing, revolving "storage facility replacement fund" to
financially assist in the removal of leaking underground storage tanks. Au-
thorizes the state Finance Authority to set rules and regulations for dis-
tributing money in the fund. Financial assistance may include direct loans
for underground storage tank replacement projects or insuring the mortgage
payments with respect to such projects.
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NEW HAMPSHIRE
Agricultural Chemicals
Chapter 375 (1985); N.H.R.S.A., 430:28 et seq.
Recodifies and generally amends existing law that establishes a Pesticide
Control Board authorized, among other powers, to adopt rules regulating the
time, place and conditions for commercial pesticide use; restrict or prohibit
the application of certain pesticides; regulate the handling, transport, and
disposal of pesticides; and set container labeling requirements.
Requires a permit from the Division of Pesticide Control in the Department
of Agriculture for the commercial application of all pesticides and the pri-
vate application of restricted use pesticides. Pesticide dealers must be li-
censed by the division, and all pesticides sold in the state must be regis-
tered with the division.
The domestic use of pesticides is exempt from the provisions of the chap-
ter provided that "a person applying pesticides. . .shall not allow any pesti-
cides to enter any stream or body of water by reason of such application."
Underground Storage Tanks
Chapter 182 (1986); N.H.R.S.A., 146-C:1 et seq.
Requires the Water Supply and Pollution Control Commission to develop an
underground storage facility program. The commission must set standards for
(1) registering and permitting underground storage facilities; (2) construct-
ing new facilities; (3) recordkeeping and inspection; (4) transferring the
ownership of a facility; and (5) assessing financial responsibility.
The chapter also sets up an interim study committee to examine financing
mechanisms for an underground storage tank replacement revolving loan fund.
Chapter 377 (1987); N.H.R.S.A., 146-A:ll-a et seq.
Establishes an Oil Pollution Control Fund to mitigate the adverse effects
from leaking underground storage tanks. The fund may be used to provide emer-
gency replacement water supplies, cover pollution clean-up costs, and remove
leaking and install new underground storage tanks. The Division of Water Sup-
ply and Pollution Control is authorized to make low-interest loans for tank
removal and installation not to exceed $50,000 per applicant. The act also
provides strict liability for corrective measures, and tort liability to third
parties for negligent or intentional discharges of oil into ground water.
The act establishes an interim study committee charged with assessing
financing mechanisms for an underground storage tank replacement revolving
loan fund and other means for tank owners to meet financial responsibility
requirements. The committee must report its findings to the governor and
legislature by November 1, 1987.
RHODE ISLAND
Statewide Strategies
Chapter 494 (1985); G.L.R.I., 46-13.1-1 et seq.
Requires the Director of Environmental Management to classify all ground-
water sources according to the following system: (1) Class GAA--suitable for
public drinking water without treatment; (2) Class GA--may be suitable for
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public or private drinking water without treatment; (3) Class GB--may not be
suitable for public or private drinking water without treatment because of
pollution; and (4) Class GC--may be suitable for waste disposal because of
pollution.
The director must develop water quality standards containing maximum con-
taminant levels for each classification. The standards will be used to re-
store ground water to drinking water quality without treatment except where it
is in a zone of discharge permitted by law or is classified as GB or GC. The
classification and standard-setting program must be completed by February 28,
1988.
The Department of Environmental Management is authorized to conduct a
statewide ground-water protection study to include an identification of
aquifers capable of providing water for drinking water purposes; a determina-
tion of present and projected ground-water demands; and various legislative
and other policy recommendations. The results of the study must be reported
to the legislature by February 28, 1987.
Standard Setting
Chapter 298 (1986); G.L.R.I., 46-13.1-3, 4
Requires the director of the Department of Environmental Management to
establish preventive action limits for contaminants found in ground water. A
preventive action limit is defined as "a specified percentage of a maximum
contaminant level."
Land Use Management
Chapter 335 (1987); 6.L.R.I., 45-24.5-1 et seq.
Authorizes local governments to adopt ordinances establishing waste water
management districts to prevent ground-water contamination from malfunctioning
or failed septic tank systems. A district may require landowners to maintain
and pump septic tanks under its jurisdiction. The act also establishes a
revolving fund to make grants or low-interest loans to individuals for the
maintenance or replacement of septic tanks.
Chapter 409 (1987); 46-15.3-1 et seq.
Requires each water supplier to impose a water quality protection charge
on the receipts .from its sales at a rate of one cent per 100 gallons sold.
The revenue raised from such assessments is to be deposited in one of two
water quality protection funds administered by the state Water Resources Board
and the city of Providence, respectively. Disbursements from the funds to
water suppliers are to be used for measures to protect drinking water quality,
with 55 percent of the revenue going toward land acquisition to protect
aquifer recharge zones and watersheds.
The act also authorizes the issuance of $10 million in bonds — subject to
voter approval--to provide additional fund revenue. To be eligible for dis-
bursements, a water supplier must prepare a water quality protection plan by
July 1, 1988, which describes desirable land use regulations and identifies
potential land acquisitions for buffer zones to protect surface- and ground-
water quality.
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Agricultural Chemicals
Chapter 260 (1985); 6.L.R.I., 23-25.2-1 et seq.
Establishes a Pesticide Relief Advisory Board responsible for making
recommendations to the Director of Environmental Management concerning pesti-
cide use, primarily emergency response to pesticide contamination and grants
for integrated pest management (nonchemical use) projects. The board also
must "evaluate and make recommendations. . .regarding chemicals and pesticides
which require application setbacks from domestic water wells."
The act further establishes a Pesticide Relief Fund — comprised of pesti-
cide registration fees--for use in testing and monitoring pesticides, and for
developing alternative water supplies to replace contaminated wells.
VERMONT
Statewide Strategies
Act 53 (1985); V.S.A., 48-1390 et seq.
Requires the Secretary of Environmental Conservation to develop a com-
prehensive ground-water protection program which will include, among other
provisions: (a) data compilation on the quality, quantity, and location of
aquifers; (b) identification and mapping of present and potential underground
public water supplies; (c) classification of ground-water sources by use; and
(d) adoption of criteria and standards to manage activities that may affect
such uses.
The classification system consists of four groups: (1) Class I--suitable
for public water supply and currently not exposed to activities that might
affect its classification; (2) Class Unsuitable for public water supply but
exposed to activities that could affect its classification; (3) Class III--
suitable for individual domestic water supply, irrigation, other agricultural
use and industrial and commercial use; and (4) Class IV--not suitable for
potable water supply but may be used for agricultural, industrial, and commer-
cial use.
All ground water initially is classified as Class III subject to reclas-
sification by the secretary. Considerations for classifying ground water in-
clude: its current or potential use; the extent of activities that may affect
its classification; its present water quality; and the classification of adja-
cent surface waters. In order to permanently protect Class I aquifers, the
secretary is empowered to prohibit certain activities on land overlying such
aqui fers.
Agricultural Chemicals
Act 72 (1985); V.S.A., 6-929, 6-1110
Establishes a Pesticide Monitoring Revolving Fund — comprised of pesticide
registration fees — to monitor pesticide use. Also requires the Commissioner
of Agriculture to develop a monitoring plan.
Underground Storage Tanks
Act 66 (1985); V.S.A., 10-1921 et seq.
Requires the Secretary of Environmental Conservation to develop and oper-
ate an underground storage tank program. The standards developed by the
secretary must be consistent with, or more stringent than, federal regulations
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promulgated under Title VI of the federal Resource Conservation and Recovery
Act amendments of 1984.
Underground storage tanks are classified into two categories: (1) fuel
oil storage tanks used for on-premises heating purposes, and farm or residen-
tial tanks used for storing motor fuel; and (2) all other types of underground
storage tanks (referred to as Category 1 tanks).
All underground storage tank owners must notify the agency of the exis-
tence and location of each tank. The agency must issue five-year permits for
Category 1 tanks specifying proper underground tank design and installation
standards; leak detection, monitoring, and reporting procedures; financial
responsibility requirements; and corrective action and tank closure methods
Similar but separate standards are to be established for the remaining tanks
that reflect their unique use in homes and farms.
The secretary is authorized to inspect and require tank tests when neces-
sary. Civil and criminal penalties are provided for violations of the act.
Act 85 (1987); V.S.A., 10-1921 et seq.
Creates a nonlapsing "underground storage tank trust fund" composed of
money received from the federal underground storage tank trust fund to be ad-
ministered by the Secretary of Environmental Conservation. The act also re-
quires the commissioner of the Department of Banking and Insurance to adopt
rules and assist in formulating underground storage tank risk pools.
The act further establishes an underground storage tank incentive program
for the owners of gasoline outlets that sell less than 20,000 gallons of gaso-
line per month. Those owners that qualify may apply for a grant up to $5,000
to help defray the costs of replacing underground storage tanks
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REGION II
NEW JERSEY
Underground Storage Tanks
Chapter 102 (1986); N.J.S.A., 58:10A-21 et seq.
Requires the Department of Environmental Protection to develop criteria to
be used in determining if local underground storage tank regulations that are
more stringent than the state's regulations are permissible. Where the
criteria are met, local governments may petition the department for approval
of local administration of underground storage tank programs. The act also
directs the department to establish underground storage tank registration fees
to defray the costs of program administration and redefines exempt tanks to be
farm or residential tanks storing less than 1,100 gallons of motor fuel for
noncommercial purposes to comply with the federal Resource Conservation and
Recovery Act.
NEW YORK
Land Use Management
Chapter 305 (1986); E.C.L., 1-0503 (24), 15-0514 (1) (d)
Expands the definition of "sole source aquifer" to include multiple
aquifer systems (as found on Long Island) and empowers the Commissioner of
Environmental Conservation to prohibit incompatible land uses above sole
source aquifers.
Chapter 628 (1987); E.C.L., 55-0101 et seq.
Authorizes any municipality or person to petition the Commissioner of En-
vironmental Conservation to establish a special ground-water protection area
within a federally designated sole source aquifer in a county with a popula-
tion of one million or more. The petition must contain information concerning
the area's recharge zone capabilities; its ground-water quality; and the
economic, social, ecological, recreational and aesthetic benefits/costs of
ground-water protection/degradation.
If the commissioner approves the petition, a designated planning agency
for the area becomes eligible for state funds (up to 75 percent of the costs)
to develop a ground-water protection plan. Among other components, the plan
must include a determination of the amount and type of development activity
the area can sustain without degrading the aquifer; proposed limits on
federal, state and local government financial assistance to projects that may
affect the ground-water quality; proposed land use regulations; designated
areas suitable for public acquisition; and a program for local government im-
plementation of the plan. The commissioner must approve the plan.
In addition to the petition process, the act designates nine areas on Long
Island as a single ground-water protection project under the planning juris-
diction of the Long Island Regional Planning Board.
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REGION III
DELAWARE
Underground Storage Tanks
Chapter 161 (1985); D.C.A., 7-7401 et seq.
Requires the Department of Natural Resources and Environmental Control to
develop and administer an underground storage tank program. The department
must issue regulations pertaining to inventory control systems adequate to
detect leaks; corrective action measures that tank operators must follow once
a leak is detected; tank closure standards; permits for specific classes of
tanks and those in environmentally sensitive areas; and financial respon-
sibility requirements for damages associated with tank leaks.
The statute sets a timetable for the registration of new and existing
tanks with the department and establishes enforcement standards that include
civil penalties for violations. The department also is empowered to inspect
and monitor any facility where an underground storage tank is located.
The department further is required to study the feasibility of establish-
ing a "response fund" to cover cleanup costs and damages attributable to
underground storage tank leaks where the owner or operator cannot be iden-
tified or where the cleanup costs exceed the owner's financial capacity. A
select committee is created to guide the department in developing its regula-
tions and to oversee the state program. The committee consists of a diverse
set of affected interests, including members of the legislature.
Chapter 187 (1987); D.C.A., 7-7402 et seq.
Establishes the Delaware Underground Petroleum Storage Tank Response Fund
to be administered by the Department of Natural Resources and Environmental
Control and capitalized by an annual tank registration fee. Revenue in the
fund is to be used to cover the costs of investigating underground storage
tank leaks; restoring or replacing drinking water supplies contaminated by
petroleum releases; corrective measures associated with releases to the en-
vironment; and third-party compensation for damages.
The act attempts to encourage voluntary rehabilitation of sites contami-
nated by leaking underground storage tanks by providing financial reimburse-
ment of certain costs incurred in such remedial action. It further requires
the department to adopt regulations regarding minimum levels of financial
responsibility for owners and operators of underground storage tanks.
MARYLAND
Statewide Strategies
Joint Resolution No. 5 (1985); not codified
Requires the Department of Health and Mental Hygiene, in cooperation with
the departments of Agriculture and Natural Resources, to develop a comprehen-
sive ground-water protection strategy aimed at the following contaminant
sources: underground storage tanks; landfills and hazardous waste sites; acid
mine drainage; salt-water intrusion; nitrates, herbicides and pesticides; and
septic tanks. The department also is mandated to develop a plan to integrate
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and coordinate protection of ground-water quantity and quality. It must re-
port on July 1, 1986, and annually thereafter, on the status of development
and implementation of its strategy.
Agricultural Chemicals
Chapter 36 (1985); A.C.M., Agr., 5-206, 5-207
Requires a person who sells or distributes a restricted use pesticide or a
public agency that applies a pesticide to obtain a permit from the Secretary
of Agriculture. Authorizes the secretary to adopt rules and regulations
governing such permits.
Chapter 301 (1987); A.C.M., Agr., 5-208 (D)
Requires the applicator of an experimental use pesticide permitted by the
U.S. Environmental Protection Agency to provide the state Department of
Agriculture with information concerning the location of the application; the
pesticide's active ingredients; and the pesticide's toxicological profile.
Chapter 302 (1987); A.C.M., Agr., 5-201 et seq.
Authorizes the Secretary of Agriculture to enter into cooperative agree-
ments and adopt pesticide use classifications to carry out state pesticide
application laws. Sets additional criteria by which the secretary may grant
pesticide applicators certificates of use, including proof of liability in-
surance. Pesticide applicators are required to provide customers with
specific information regarding pesticide use. The act also authorizes the
secretary to establish rules and regulations imposing civil penalties for any
violation of pesticide laws.
' PENNSYLVANIA
Agricultural Chemicals
Act 167 (1986); P.S.A., 3-111.21 et seq.
Requires every pesticide distributed in the state to be registered with
the Secretary of Agriculture. The act empowers the secretary to require
specific information relating to the registration of a pesticide, including
the submission of a list of all active or inert ingredients and a full
description of any tests that have been conducted.
The act further requires each commercial pesticide application business to
be licensed by the secretary in those categories for which it is doing busi-
ness. The secretary may categorize different types of application licenses
and set criteria for the granting of licenses, such as requiring applicators
to provide evidence of financial responsibility. The secretary is authorized
to suspend, revoke or modify any license.
The secretary also must promulgate rules and regulations for the cer-
tification of commerical, private and public pesticide applicators. The act
sets specific pesticide use criteria for noncertified applicators and for ap-
plication technicians. It prohibits the purchase of any restricted use pesti-
cide by a non-certified applicator or the application of a restricted use pes-
ticide within 100 feet of a publicly owned area unless a waiver is granted by
the secretary.
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VIRGINIA
Statewide Strategies
H.J.R. 324 (1987); not codified
Directs the State Water Commission to study the quality of ground water in
Virginia. The commission must consider ways to protect the quality of private
drinking water supplies and the relationship of ground-water management to
drinking water quality. The commission is required to submit its recommenda-
tions to the 1988 General Assembly.
Underground Storage Tanks
Chapter 528 (1987); V.C., 36-99.6, 62.1-44.34:8-9
Requires the Water Control Board to develop and administer an underground
storage tank program. The rules and regulations developed by the board must
include proper notification of new and existing tanks and corrective action
measures that tank operators must follow once a leak is detected. The board
also is required to enforce the interim federal installation underground
storage tank standards until state regulations are promulgated. All standards
developed under this act are to be in accordance with all applicable federal
laws and regulations.
Chapter 677 (1987); V.C., 62.1-44.34:5, 8-10
Requires the Water Control Board to adopt financial responsibility re-
quirements for owners and operators of underground storage tanks. The minimum
financial responsibility standards are $100,000 per occurrence for corrective
action needed to mitigate the effects of leaking underground storage tanks and
$300,000 per occurrence for compensation to third parties for bodily injury
and property damage. The act enables owners and operators of underground
storage tanks who are unable to demonstrate these minimum standards to es-
tablish insurance pools. The State Corporation Commission is required to
oversee the development of such pools.
The act also creates a nonlapsing, revolving "Underground Petroleum
Storage Tank Fund" to financially assist the Water Control Board in adminis-
tering the state underground storage tank program. All expenses, costs and
judgements recovered under the underground storage tank program and moneys
received as reimbursements are to be deposited in the fund. Fund disburse-
ments include the costs of corrective action and compensation for third
parties in excess of the minimum financial responsibility requirements up to
$1 million each; the costs of mitigating the effects of leaking underground
storage tanks when the owner or operator cannot be determined or is incapable
of carrying out such action; and the administrative costs incurred by the
board in administering the state underground storage tank program.
WEST VIRGINIA
Agricultural _Chemi_ca]_s
Chapter 131 (1986); W.V.C., 19-16B-2
Recodifies and generally amends the Pesticide Use and Application Act.
The act requires all pesticide application businesses to be licensed by the
Commissioner of Agriculture. It sets criteria by which a license and its re-
newal can be granted and authorizes the commissioner to suspend, revoke or
modify any license provision under certain conditions. It further establishes
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penalties for violations of the act and authorizes the commissioner to promul-
gate rules and regulations permitting consent agreements or negotiated settle-
ments for civil penalties. The act also prohibits municipalities or counties
from enacting laws or ordinances regarding the regulation of pesticide use and
application.
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REGION IV
FLORIDA
Land Use Management
Chapter 85-42 (1985); F.S., 163.3177 (6) (c)
Requires local governments' comprehensive plans to include a natural
ground-water aquifer recharge element and aquifer recharge protection require-
ments. Such areas are to be given special consideration in future zoning and
land use decisions.
Agricultural Chemicals
Chapter 86-116 (1986); F.S., 487.158 (r)
Expands the grounds for disciplinary action for violation of pesticides
law to include the failure to disclose records of pesticides used, and pro-
hibiting access and inspection of pesticides and the area to which they have
been applied, to representatives of the Department of Environmental
Regulation.
Underground Storage Tanks
Chapter 86-159 (1986); F.S., 206.9915 et seq., 376.3071
Establishes an Inland Protection Trust Fund to help protect ground water
and inland surface water. The fund is to be comprised of money raised through
an excise tax levied on each barrel of pollutant produced or imported into the
state, and is to be administered by the Department of Environmental
Regulation.
The_fund may be used for the investigation, maintenance, restoration and
rehabilitation of sites contaminated by stored petroleum products. The de-
partment must establish rules to prioritize contaminated sites and may seek
reimbursement of costs incurred in cleanup. The department may contract with
local governments to achieve the act's objectives.
The act also establishes an Early Detection Incentive Program within the
fund. It provides a 15-month grace period for leaking underground storage
tanks reported to the department between July 1, 1986 and October 1, 1987.
All costs incurred to replace underground storage tanks and to restore the
contaminated area will be covered by the fund during the grace period.
Chapter 87-374 (1987); F.S., 206.9935, 376.3071
Extends the deadline on the excise tax levied for the Inland Protection
Trust Fund to 1997. Requires the registration of stationary tanks with
storage capacities of 550 gallons or less at nonresidential areas with the
Department of Environmental Regulation by December 31, 1987. Authorizes the
department to approve or deny local ordinances regulating underground storage
tanks.
KENTUCKY
Underground Storage Tanks
Chapter 237 (1986); K.R.S. 224.810, 224.814
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Requires the Natural Resources and Environmental Protection Cabinet to
develop a program to regulate underground storage tanks. In developing the
program, the cabinet is authorized to establish standards for underground
storage tank construction, monitoring, repair, closure and financial
responsibility.
MISSISSIPPI
Agricultural Chemicals
Chapter 523 (1987); M.C.A., 49-17-19, 69-23-7, 75-47-7
Requires the Mississippi Air and Water Pollution Control Commission, when
adopting ground-water quality standards for pesticides and fertilizers, to use
existing federal standards. If no federal standard exists, the commission may
petition the U.S. Environmental Protection Agency to set one or consult with
the agency in devising its own standard.
The act also empowers the commission to cancel or suspend the registration
of any pesticide (and grants the Commissioner of Agriculture the same authori-
ty relating to fertilizers) in violation of state law or which poses an imme-
nent health hazard or threat to ground-water quality. It places a portion of
the fertilizer registration fee in a special fund to be used for implementing
programs to protect ground water from contamination by fertilizer use.
NORTH CAROLINA
Agricultural Chemicals
Chapter 559 (1987); G.S.N.C., 143-442 et seq.
Authorizes the state Pesticide Board to request a full description of the
tests made and the results of such tests for any pesticide to be used in the
state. Prohibits the sale or distribution of a restricted use pesticide to
any unlicensed dealer. The chapter further empowers the board to stop the
sale or use of any pesticide whose application is inconsistent with its label-
ing requirements or the disposal of any pesticide in violation of the act.
Underground Storage Tanks
Chapter 551 (1985); G.S.N.C., 143-215.3, 143B-222
Empowers the Environmental Management Commission to develop an underground
storage tank program in accordance with mandated federal programs under the
Resource Conservation and Recovery Act (RCRA). In developing the program, the
commisssion is authorized to establish standards and adopt regulations con-
cerning underground storage tank registration, construction, installation,
monitoring, repair, closure, financial responsibility, and leaks.
SOUTH CAROLINA
Agricultural Chemicals
Act 495 (1986); C.L.S.C., 46-1-140
Requires any irrigation system designed or used for the application of
fertilizers, pesticides or chemicals to be equipped with an anti-syphon device
adequate to protect ground-water quality. The act sets design criteria for
such a device. The Division of Regulatory and Public Service Programs at
Clemson University must promulgate rules and regulations necessary to imple-
ment and enforce the law.
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REGION V
ILLINOIS
Statewide Strategies
l/2blJOlff P8f"l6o3 <1?i8i7)i;/,I-iAniS,"1111 1/2'7451 6t Seq" 1H V2-H6. 116b, 111
1/2-1014.1 et seq., Ill 1/2-1017.1 et seq., Ill 1/2-1022.2
Establishes an Interagency Coordinating Committee on Ground Water composed
SLi?vSMrDfl?9enCy heads and chaired ^ the Illinois Environmental Protection
Agency (IEPA) empowered to review and evaluate the state's ground-water pro-
tection policy and make recommendations for new legislation and regulations
IEPA must propose ground-water quality standards to the Pollution Control
Board by July 1, 1989. The board must promulgate standards within two yea?
?LreCeHPt H°m i G ag^y> Tne DePartment of E^rgy and Natural Resources is
required to develop a data collection and ground-water monitoring program with
specific emphasis on assessing the impact of agricultural chemicals on ground
The act requires the source of contamination of an underground drinking
water supply to provide the well owner with an alternative drinking water
source or treatment sufficient to render the water potable. It establishes
minimum setback requirements for sources or potential sources of contamination
from community water wells and prohibits the construction of such wells within
nC6S °f ^^ $°UrCeS °r P°tential soirees of
,nH HpcAnmUtSt estabVish a reg1onal ground-water protection planning program
and designate priority ground-water protection planning regions based upon the
mapping of recharge areas. The agency may recommend a regulation establishing
the boundary of a regulated recharge area if there is a demonstrated need for
bi1^ to pollution ove^r
The act further requires IEPA to propose regulations to the Pollution Con-
trol Board for activities that may pollute ground water such as landfills and
storage of pesticides. The board must adopt appropriate regulations within
two years of their receipt from the agency. ai-n-ru, witnin
The act also allows up to 30 percent of the fees deposited in the state's
Hazardous Waste Fund to be used for ground-water protection purposes
Agricultural Chemicals
Public Act 84-153 (1985); I.A.S., 5-822.1
anri 1E'rtabliSSeS * Pesticide Control Fund comprised of pesticide registration
pesticides PUbl1C educat1on Plains on the proper use of
Public Act 84-358 (1985); I.A.S., 5-803, 5-809, 5-811
Expands the Department of Agriculture's authority to control the purchase
use storage and disposal of pesticides. Requires the department to cert";
pesticide applicators as being competent and knowledgeable in the use of oes-
ticides as a condition for licensure, with recertification required every five
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years. Further requires a license from the department for restricted use
pesticides.
Underground Storage Tanks
PUbTic Act 85-861 (1987); I.A.S., 111 1/2-1004, 111 1/2-1022.13, 111 1/2-
1022.18, 127 1/2-154, 127 1/2-156
Requires the state Fire Marshal to register and permit all underground
storage tanks and assess and collect specific fees on certain types of tanks.
The act also authorizes the state Environmental Protection Agency to notify
and require the owner or operator of an underground storage tank to undertake
preventive or corrective action when there is a leak or threatened leak.
The act sets liability standards and penalties for violations of the
underground storage tank program. All revenues generated from underground
storage tanks are to be placed in a trust fund to administer the program.
INDIANA
Underground Storage Tanks
Public Law 172 (1987); I.S.A., 13-7-20-1 et seq.
Requires the Solid Waste Management Board to develop and operate an under-
ground storage tank program. The board is authorized to establish rules and
regulations regarding leak detection standards, reporting requirements once a
leak has been detected, corrective action measures including the closing of
leaking tanks, and recordkeeping standards.
The act also sets specific financial responsibility standards for tank
owners and mandates certain requirements for new tanks. All standards under
this act must be developed in accordance with federal regulations adopted
under Subtitle I of the Resource Conservation and Recovery Act. A special
fund is established to defray the cost of administering the program.
MINNESOTA
Statewide Strategies
Chapter 207 (1987); M.S., 112.60
Authorizes metropolitan counties to prepare ground-water plans. The act
sets certain standards for county ground-water plans and requires each plan be
reviewed by local entities, the Metropolitan Council and certain state agen-
cies. The Metropolitan Council is responsible for mediating differences
between the local plans.
Land Use Management
Chapter 236 (1985); M.S., 112.36 (2) (14)
Authorizes watershed districts to be formed for the purpose of protecting
ground-water quality.
Agricultural Chemicals
Chapter 358 (1987); M.S., 18.53
Authorizes the Commissioner of Agriculture to develop and administer state
regulations relating to pesticides. The commissioner must determine the im-
pact of pesticides on surface and ground water and develop standards for pes-
ticide management. The act sets specific pesticide standards in the following
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areas: (1) sale, use and storage of pesticides; (2) posting of warning signs
when a pesticide has been used; (3) licensing of pesticide applicators; (4)
recordkeeping and liability requirements for pesticide activities; (5) correc-
tive action when a pesticide is released into the environment; and (6) en-
forcement and penalties for violations of the pesticide laws.
The act requires all pesticides used or distributed in the state to be
registered with the commissioner. It further establishes a chemigation pro-
gram requiring a permit from the commissioner for pesticides applied through
an irrigation system. Additionally, the commissioner, in conjunction with the
Pollution Control Agency, must develop a pesticide container deposit and re-
turn program for certain pesticide containers.
Underground Storage Tanks
Chapter 13, Sections 235-239, First Special Session (1985); M.S., 116.46 et
Empowers the state Pollution Control Agency to establish an underground
storage tank program. The rules and regulations developed by the agency will
not become effective until the U.S. Environmental Protection Agency publishes
its final regulations for underground storage tanks or until February 8 1987
whichever is first. ' '
The statute establishes interim standards that require all underground
storage tanks to be designed in a manner that prevents the release of any
stored substance. It sets a timetable for owners of new, existing, or aban-
doned tanks to notify the agency of each tank's existence. Additional re-
quirements apply to changing ownership and the storage of regulated substances
in underground tanks. Rules and regulations promulgated under the act preempt
conflicting local rules regulating underground tanks.
Chapter 388 (1987); M.S., 115C.01
_Authorizes the Director of the Pollution Control Agency to take corrective
action or order the responsible parties to take corrective action in response
to a leaking underground storage tank. Makes the responsible parties liable
for cleanup costs.
The act also establishes a petroleum tank release cleanup fee imposed on
the use of petroleum tanks. All money collected from this fee, and revenue
generated from the cleanup of underground storage tanks, are to be placed in
the newly created Petroleum Tank Release Cleanup Fund. The fund is to be used
to defray the costs of state cleanup activities.
WISCONSIN
Ground-Hater Funds
Act 85-22 (1985); W.S.A., 144.028
Expands the eligibility of the state's well compensation fund by authoriz-
ing municipalities to apply to the state Department of Natural Resources for
grants to cover up to 60 percent of the costs of replacing private contami-
nated underground drinking water supplies.
Ajgj^cuUu_ral Chemicals
Act 206 (1986); W.S.A., 94.709
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Expands the formula for calculating the boundary of areas in which al -
dicarb use is prohibited. The Department of Agriculture, Trade and Consumer
Protection must deny any permit for the application of pesticides containing
aldicarb in prohibition areas unless it determines that concentrations of al -
dicarb have been below the enforcement standard for at least two years and its
use would not cause the standard to be exceeded. The act further requires the
department to appoint a committee, whose membership shall include state legis-
lators, to assess the state's experience in regulating agricultural chemicals
and to make appropriate policy recommendations.
Act 27 (1987); W.S.A., 94.68 (3) et seq., 94.685, 94.703 et seq.
Requires applicants for a license to sell or distribute pesticides to sub-
mit a report to'the Department of Agriculture, Trade and Consumer Protection
listing every pesticide proposed for sale or distribution. License fees are
to be deposited in the state's ground-water fund. The act further prohibits
the sale of restricted-use pesticides without a license, and requires a
license for commercial applicators.
Underground Storage Tanks
Act 27 (1987); U.S.A., 25.47
Creates a separate, nonlapsing Petroleum Storage Cleanup Fund to defray
the costs of administering the state underground storage tank cleanup program.
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REGION VI
LOUISIANA
Agricultural Chemicals
Act 167 (1985); L.lTsT, 3:3221 (B)
Requires a person who is reregistering a pesticide for which the label
1
Act 510 (1986); L.R.S., 3:3210
actives* 3 P6StiCide fUnd t0 finance State Pesticide Programs and
Underground Storage Tanks
Act 493 (1985); L.R.S., 30:1141.2-1141.3
Requires the Secretary of Environmental Quality to issue rules and reaula
Talso estam^V ^i, H* re9ist/ation of underground storage ta^ks 9 The"
rn.t, nf ,^ 1 an Underground Storage Tank Trust Fund to defray the
costs of administering the state's underground storage tank program.
Act 421 (1986); L.R.S., 30:1141.2 (C)
NEW MEXICO
Underground Storage Tanks
Chapter 179 (1987); N.M.S.A., 74-4-3 et seq.
the «StasZaof°tUhS/^aV! '^ Und<;r9round Stora9e Ta"k Fund is created to defray
the
TEXAS
Underground Storage Tanks
Chapter 277 (1987); T.C.A., Water, 26.341 et seq.
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recordkeeping requirements; reporting requirements once a leak has been de-
tected; corrective action and tank closure measures; and financial respon-
sibility. The commissioner is authorized to enter the premises containing an
underground storage tank for inspection and testing.
The act also establishes an annual fee on facilities operating underground
storage tanks. The fees collected, together with other revenues related to
underground storage tanks, are to be placed in an Underground Storage Tank
Fund to help defray the costs of the state program.
Water Use Management
Chapter 133 (1985); T.C.A., Water, 52.051 et seq.
Requires the Department of Water Resources to monitor the state's ground
water and to identify geographic areas where ground-water quantity or quality
problems exist or may occur. The department may recommend to the Texas Water
Commisssion the designation of critical ground-water areas based upon its
findings. After holding hearings, the commission may propose that a critical
area be formed and submit the question to a vote of the affected electorate.
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REGION_m
IOWA
Statewide Strategies
Chapter 225 (1987); C.I., 455E.1 et seq., 455E.11, 200.8, 266.38, 455B.473,
hazardous wastes. It establishes a Ground-Water Protection Fund cap?uf?zld
tL!Snfee%0n Pr°,dUCtS and discha^es ^at contribute to ground-wa^e? con-
t?on source. " " aCCC°UntS ^ ^ UP in the fund for each maj" poll!-
^
The act stipulates the expenditure of revenue in each fund account tn
fmance related ground-water protection programs administered primarTlv hv th^
3SK3
Me frwHhSUSanaHMe /sncuHure (the balancing of eco c !ly -
conservatTon). 9™und-water quality protection and land resource
the
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Ground-Water Funds
Chapter 241 (1985); C.I., 455B.309
Creates a ground-water fund comprised of solid waste tonnage fees to be
used for monitoring ground-water quality; developing ground-water quality
standards; conducting research on alternative solid waste disposal methods;
and abatement and cleanup of sanitary landfills.
Underground Storage Tanks
Chapter 162 (1985); C.I., 455B.471 et seq.
Empowers the Department of Water, Air and Waste Management to develop and
operate an underground storage tank program. Standards developed under the
program must be consistent with and may not exceed federal regulations under
the Resource Conservation and Recovery Act (RCRA).
The Commission on Water, Air and Waste Management within the department is
required to issue regulations pertaining to: new tank standards; leak detec-
tion and monitoring systems; reporting and recordkeeping requirements; correc-
tive action and tank closure procedures; and rules for financial
responsibility.
The statute also sets a timetable for the registration of new, existing,
and nonoperating tanks, and establishes enforcement standards that include
civil penalties for violations. The department further is empowered to in-
spect and monitor any facility where an underground storage tank is located.
KANSAS
Agricultural Chemicals
Chapter 5 (1985); K.S.A., 2-3301 et seq.
Regulates the application of agricultural chemicals through chemigation, a
process whereby pesticides or other chemicals are added to irrigation water
applied to the land or crops through an irrigation distribution system. The
act requires persons using chemigation to register with and obtain a permit
from the Secretary of the State Board of Agriculture; use functional anti-
pollution devices; and keep records and file reports as deemed necessary by
the secretary. Anti-pollution devices include waterline check valves, chemi-
cal line devices, interlock systems, vacuum relief devices, automatic low
pressure drains, and separate injection systems.
The act also requires the secretary to provide on a periodic basis
chemigation safety information to all those holding a user's permit. The
secretary further is empowered to enter any premises to inspect chemigation
equipment or application procedures. Penalties are set for violations of the
act.
Chapter 12 (1985); K.S.A., 2-2438a
Requires pesticide dealers to register with the State Board of
Agriculture.
Chapter 13 (1985); K.S.A., 2-2440
Removes the exemption from licensing requirements for pesticide businesses
that apply general use pesticides to agricultural land.
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NEBRASKA
Agricultural Chemicals
LB 284 (1986)riTS^r7 46-1101 et seq,
ustr • the local
Storage Tanks
LB 217 (1986); R.S.N., 81-15,117 et seq.
LB 365 (1987); R.S.N., 81-15,119
is
Hater Use Management
LB 894 (1986); R.S.N., 46-656 et seq.
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REGION VIII
COLORADO
Agricultural Chemicals
Chapter 260 (1987); C.R.S., 35-11-101 et seq.
Requires a permit from the Department of Agriculture after January 1,
1990, for chemigation, the process of applying agricultural chemicals to crops
through irrigation systems. The department must issue regulations governing
the installation and use of chemigation equipment; permit fees; and criteria
for the entry of inspectors to check for compliance with the law.
The statute lists required devices for chemigation equipment, including a
backflow prevention check valve and vacuum relief valve; an inspection port;
an automatic low-pressure drain; and a simultaneous interlock device. It re-
quires permitted chemigation systems to be inspected at least once every two
years, and empowers the department to revoke a permit if ground-water con-
tamination is discovered.
Chapter 261 (1987); C.R.S., 35-9-104 (2) (c)
Establishes the Colorado Pesticide Fund to be comprised of fees collected
under the state's pesticide laws. Revenue in the fund is to be appropriated
annually by the legislature to the Department of Agriculture to defray the
costs of administering the state's pesticide program.
MONTANA
Underground Storage Tanks
Chapter 633 (1985); M.C.A., 75-10-403, 75-10-405, 75-10-409
Authorizes the Department of Health and Environmental Science to adopt
rules regarding: underground storage tank reporting requirements; financial
responsibility; release detection, prevention, and correction; and standards
for the design, construction, and installation of underground storage tanks.
The act also requires tank owners or operators to report leaks to the
department.
Water Use Management
Chapter 189 (1985); M.C.A., 85-2-506 (2) (e)
Authorizes the Board of Natural Resources and Conservation to designate
controlled ground-water areas where ground-water use would be limited upon a
showing that excessive ground-water withdrawals would cause ground-water
contamination.
NORTH DAKOTA
Agricultural Chemicals
Chapter 103 (1985); N.D.C.C., 4-35-12.1, 4-35-21.1
Requires a person alleging damage to his property from another's pesticide
application to submit a loss report to the Commissioner of Agriculture as a
condition for bringing a civil action against the pesticide applicator. Em-
powers the commissioner to stop the sale of any pesticide sold in violation of
this chapter.
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Chapter 93 (1987); N.D.C.C., 4-35.1-01 et seq.
appl cation of pesticides and fertilizers through irrigation systems nl
anToperatls S° " "'^^ t0 P""1""""* <"sP«t che^at To^^u i pjn?
Underground Storage Tanks
Chapter 306 (1987); N.D.C.C., 23-20.3-01 et seq.
Requires the Department of Health to establish an underground storaaP tank
program. The standards developed by the department must be ^^ consistent Wlth
and may not exceed the federal regulations promulgated under Title VI of ihe
n±n± ^T" Conse™ation and ^covery Act amendments of 984. The de-
partment must issue rules and regulations for leak detection standard,-
reporting requirements once a leak has been detected^cr^
sures including the closing of leaking tanks; financial responsibilitv re
quirements; and recordkeeping standards. responsioi I ity re-
The act also requires the department to set specific construction and OPV
.
SOUTH DAKOTA
Agricultural Chemicals
Chapter 377 (1985); S.D.C.L.A., 38-21-27
" ^ liC6nSin9 °f
Agriclture" liC6nSin9 °f 3eHal Pesticide applicators by the Secretary of
Underground Storage Tanks
Chapter 284 (19.85); S.D.C.L.A., 34A-2-98, 34A-2-99
' "ce1tan ds
UTAH
Unde_
Chapter 217 (1987); U.C.A., 26-14-2 et seq.
to achieve state primacy over program administration. The program
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may include provisions requiring a tank owner or operator to provide informa-
tion, records, and access to inspect, monitor and test tanks for leaks. The
act assesses a tank registration fee to cover program administration costs.
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REGION IX
ARIZONA
Statewide Strategies
Chapter 368 (1986); A.R.S.A., 36-3501 et seq., 49-301 et seq.
Requires the newly created Department of Environmental Oualitv tn rla«if4
fSssliis^—sipS
The act requires a permit for most discharges to ground water from
•"«« srsrssr
The act sets up a separate regulatory program for agricultural chemiraU
Agricultural Chemicals
Chapter 368 (1985); A.R.S.A., 32-2301 et seq
Underground Storage Tanks
Chapter 230 (1986); A.R.S.A., 36-3301 et seq.
Recovery Act (RCR^) amendments of 1984 fSderal ReS°UrC6 Conse^tion and
a
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The statute sets interim standards until final regulations are promulgated
under RCRA for reporting leaking underground storage tanks to the department;
new tank construction and performance standards; and enforcement measures that
include civil penalties. The act also preempts any local regulations pertain-
ing to underground storage tanks and establishes confidentiality of business
records.
CALIFORNIA
Agricultural
Chemicals
Chapter 1298 (1985); A.C.C., Food and Agriculture, 13141 et seq.
Requires each person who has registered an economic poison for agricul-
tural use to subttiit to the director of the Department of Food and Agriculture
information regarding the substance's effect on ground water no later than
December 1, 1986. The registration or reregistration of an economic poison
without such information is prohibited.
i
The act requires the department to establish numeric standards for
economic poisons in ground water by December 1, 1986. No later than December
1, 1987, and annually thereafter, the director of the department must report
information on economic poisons in ground water to the legislature, the De-
partment of Health Services, and' the Water Resources Control Board. The di-
rector also must establish a list of economic poisons with the potential to
pollute ground water and regulate their use.
The act further requires the director to conduct a soil and ground-water
monitoring program statewide. The registration for any economic poison that
has contaminated ground water must be canceled unless the director finds that
the health effects are not carcinogenic, mutagenic, teratogenic, or
neurotoxic.
Chapter 744 (1986); A.C.C., Food and Agriculture, 12113
Empowers the director of the Department of Food and Agriculture, after
conducting a hearing, to refuse, revoke or suspend a pesticide dealer license
for violation of the state's pesticide laws.
Chapter 932 (1986); A.C.C., Food and Agriculture, 221
Deletes the requirement that the director of the Department of Food and
Agriculture conduct investigations and hearings prior to issuing regulations
when such regulations are adopted on an emergency basis.
Chapter 1234 (1986); A.C.C., Food and Agriculture, 12825 et seq.
Requires a pesticide registrant, during or after the registration process,
to notify the Department of Food and Agriculture of any evidence indicating
any adverse effects associated with the pesticide. The department director
may cancel the registration of such a pesticide.
Underground Storage Tanks
Chapter 1228 (1985); A.C.C., Health and Safety, 25283, 25284.5, 25291, 25299.1
Sets a January 1, 1986 deadline for cities and local government agencies
to assume responsibility for implementing the state-mandated local underground
storage tank permit program. The act requires local agencies to issue interim
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permits to tank owners or operators if a final permit decision has not been
reached within 30 days after receipt of a permit application. The local agen-
cy must approve an interim monitoring program by March 1, 1986, and the owner
or operator must install the system within six months thereafter. The leqis-
1986°n alS° requires a local agency to issue a final Permit by September 1,
Chapter 1535 (1985); A.C.C., Health and Safety, 25284.7, 25291
Authorizes specified underground storage tank owners and operators with
interim permits requiring annual tank testing to conduct initial tests before
March 1, 1986. If the monitoring procedure is approved by the local agency
the next test is not required until 30 months after the first test with subse-
quent testing required annually.
Chapter 935 (1986); A.C.C., Health and Safety, 25281 et seq.
Exempts underground storage tanks located on farms that store motor vehi-
cle or heating fuel used primarily for agricultural purposes and have less
than a 1,100 gallon capacity from state regulations. The act also establishes
an alternative method for monitoring such tanks installed after January 1,
Chapter 1025 (1986); A.C.C., Health and Safety, 25281.5 et seq.
Requires the Water Resources Control Board to review existing regulations
for pipes used in connection with underground storage tanks by July 1 1987
The board must revise the regulations by April 1, 1988, and submit its find-
ings to the legislature by May 1, 1988. The act also mandates certain design
standards for pipes and systems to more effectively detect leaks from under-
ground storage tanks.
Chapter 1317 (1987); A.C.C., Health and Safety, 25297.1
Requires the Water Resources Control Board and the Department of Health
Services to develop and implement a pilot program for local agencies to abate
and clean up the effects of leaking underground storage tanks.
Chapter 1372 (1987); A.C.C., Health and Safety, 25281 et seq.
Requires all underground storage tanks to undergo a "tank integrity test"
?noogn^d u° detect leaks" The act f^ther requires tests after January 1
1989 to be performed by tank testers licensed by the Water Resources Control
Board. It sets licensing requirements for tank testers and establishes penal-
ties for violations of the standards.
HAWAII
Statewide Strategies
Act 220 (1986); not codified
Requires the director of the Department of Health to submit a draft
ground-water strategy and plan to the legislature by January 1987 The plan
must set goals for a ground-water program; outline potential ways of achieving
those goals; and identify the resources necessary to implement a program
Within two years of the plan's adoption, the department director must have
in
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operation a program to predict, monitor and prevent ground-water
contamination.
Standard Setting
Chapter 297 (1987); H.R.S., 340E-21 et seq.
Requires the director of the Department of Health to set interim action
levels for those contaminants posing a health concern in public drinking water
supplies which have not had maximum contamination levels set by the U.S. En-
vironmental Protection Agency. The interim action levels may be superseded by
standards adopted by the director. The act also sets procedures for water
suppliers to notify the department and the public of a contaminated under-
ground drinking water supply.
Agricultural Chemicals
Act 127 (1985); not codified
Authorizes the Office of Environmental Quality Control to develop an ap-
proach for monitoring ground and surface water for the presence of pesticides
and chemical byproducts. The office also is required to assess the feasibili-
ty and usefulness of establishing a statewide reporting system for all pesti-
cides sold and distributed, and of developing criteria to assess risks associ-
ated with pesticide use.
Act 131 (1985); H.R.S., 149A-32.5
Requires the chairperson of the Board of Agriculture, in consultation with
the Advisory Committee on Pesticides and with the approval of the Director of
Health, to suspend, cancel, or restrict the use of specific pesticides when
their use is determined to have unreasonable adverse impacts on the environ-
ment (e.g., when pesticide residues appear in drinking water).
Act 167 (1987); H.R.S., 149A-31
Requires any equipment used to disperse pesticides to be equipped with an
air gap or reduced-pressure back-flow device adequate to protect water
quality.
Act 310 (1987); H.R.S., 149A-2 et seq.
Sets additional requirements for pesticide licensing. Specifically pro-
hibits a pesticide from being sold, resold or distributed in the state prior
to 1icense renewal.
Underground Storage Tanks
Act 197 (1986); H.R.S., 342-61 et seq.
Requires the Department of Health to develop and operate an underground
storage tank program. The department must establish rules and regulations
regarding leak detection standards; reporting requirements once a leak has
been detected; corrective action measures, including the closing of tanks; and
recordkeeping procedures. The department also is authorized to inspect and
monitor any facility where an underground storage tank is located.
The act sets a timetable for the department to register all new and exist-
ing tanks. It also sets specific financial responsibility standards for tank
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REGION X
OREGON
Underground Storage Tanks
Chapter 737 (1985); O.R.S., 468.901 et seq.
Requires the Environmental Quality Commission to develop and administer an
underground storage tank program. The commission is authorized to establish
rules and regulations concerning leak detection standards, reporting require-
ments once a leak has been detected, corrective action measures, and financial
responsibility requirements. The Department of Environmental Quality is em-
powered to enter the premises containing an underground storage tank to in-
spect and require tank tests when necessary.
The act requires standards set under the act to be "established to gain
state authorization under the Resource Conservation and Recovery Act." The
legislation exempts farm or residential tanks storing less than 10,000 gallons
of motor fuel from the new requirements, however, which is above the 1,500
gallon threshold contained in RCRA. Finally, a revolving fund is set up to
defray state inspection expenses incurred under the act.
Chapter 539 (1987); O.R.S., 468.901 et seq.
Generally amends the state's underground storage tank enabling legislation
with prescribed language that mandates the development of a comprehensive
state program. The Environmental Quality Commission is directed to adopt a
statewide underground storage tank program that preempts all local government
tank standards. The act also requires all state rules and regulations to be
in conformance with federal standards adopted under Subtitle I of the Resource
Conservation and Recovery Act Amendments of 1984.
In developing the program, the act authorizes the commission to establish
standards relating to the design, construction and installation of tanks;
recordkeeping requirements; leak detection standards; corrective action
procedures once a leak is found, including the closure of tanks; and reporting
requirements.
The act amends the definition of an underground storage tank to comply
with federal law. It also establishes an annual fee; sets specific standards
for developing a permit system; establishes strict liability standards; and
requires tank owners to maintain financial responsibility. It creates an
Underground Storage Tank Insurance Fund to help meet the financial
responsibility requirements. Financial responsibility rules must be reviewed
by the legislature before adoption.
The act also delineates procedural requirements for the cleanup of a site
contaminated by a leaking underground storage tank. It creates a separate
Leaking Underground Storage Tank Cleanup Fund to assist in defraying the costs
of cleanup efforts.
WASHINGTON
Statewide Strategies
Chapter 453 (1985); R.C.W., 90.44.400 et seq.
- 43 -
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process
Requires the Department of Ecology to establish standards, criteria, and a
r-'v-ess for the designation of specific ground-water areas where a ground-
water management program will be developed by state or local government The
department's rules must be adopted no later than January 1, 1986.
The department further is required to identify specific ground-water areas
where contamination or depletion are imminent, or where the aquifer is the
sole source of drinking water for a community. The department must appoint an
advisory committee for each designated area. The management program developed
for each area must be submitted to the department for review prior to going
into effect.
Land Use Management
Chapter 98 (1985); R.C.W., 56.08.013
Authorizes a sewer district to regulate sources of ground-water contamina-
tion in accordance with the district's comprehensive plan.
Chapter 425 (1985); R.C.W., 36.36.010 et seq.
Authorizes a county to create aquifer protection areas to finance the pro-
tects, preservation, and rehabilitation of ground water. In establish'na
:?S'f the C°Untr/S J^lslative body must submit the ques? o to the
w?tMr°riaPPr°Hal- -Jf aPProved' the county -nay impose fees on ground
f S °nSnte S^ge disPosal sterns to be used for the prepa-
^es00^ 6 P 3nd the construction of ground-water protection
fac
Underground Storage Tanks
Chapter 289 (1986); not codified
Requires the Department of Ecology to submit a report to the legislature
describing and assessing the nature of the leaking underground storage tank
problem in the state by December 31, 1986. The report must Tnclude informa
tion on the number and location of underground storage tanks in the state-
tPruct°Ln^Sthn,CteSh St°rKed 1n.^e tanks; age, size and materials used to con-
struct tanks that have been identified; and types of leak detection measures
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PART III:
SUMMARIES OF LEGISLATION BY CATEGORY, 1985-87
-------
STATEWIDE STRATEGIES
Twelve states enacted legislation in this category during the 1985-87 ses-
sions. The strategies exhibited a range of regulatory (ground-water clas-
sification, standard setting, land use management, discharge permits) and non-
regulatory (data collection, aquifer mapping, ground-water monitoring,
studies) features. Arizona's 1986 Environmental Quality Act (Chapter 368)
perhaps comes closest to incorporating the full range of policy options into a
single ground-water protection strategy. Illinois' 1987 Ground-Water Protec-
tion Act (Public Act 85-863) initiated a program that eventually may encompass
a comparable blend of regulatory and nonregulatory components. Iowa's 1987
Ground-Water Protection Act (Chapter 225) contains virtually no regulatory
provisions, concentrating instead on research, education and demonstration
projects as the framework for future pol icymaking.
In addition to Arizona, two states — Rhode Island and Vermont — emphasized
ground-water classification and standard setting provisions in their legisla-
tion. Four states — Connecticut, Maryland, Virginia, and Hawaii—set up execu-
tive agency studies to determine the most appropriate ground-water protection
approach for the state with a requirement that the agency report its findings
and recommendations to the legislature for action. Other approaches inte-
grated state and local governments in the development and implementation of a
comprehensive ground-water protection program.
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Statewide Strategies Legislation
States with Legislation
-------
REGION I
Connecticut
Special Act 85-84 (1985); not codified
Requires the Commissioner of Environmental Protection to report to the
legislature by January 15, 1987, on options to protect public underground
drinking water supplies. The report must include a map of ground-water areas
needing protection and a management strategy to protect watersheds and
recharge zones from land use activities.
Maine
Chapter 491 (1987); M.R.S.A., 38:569
Requires the Department of Environmental Protection to set standards for
the cleanup and removal of discharges into ground water. Authorizes the de-
partment to issue clean-up orders, establish enforcement procedures and penal-
ties, and determine third-party damages.
Rhode Island
Chapter 494 (1985); G.L.R.I., 46-13.1-1 et seq.
Requires the Director of Environmental Management to classify all ground-
water sources according to the following system: (1) Class GAA--suitable for
public drinking water without treatment; (2) Class GA--may be suitable for
public or private drinking water without treatment; (3) Class GB--may not be
suitable for public or private drinking water without treatment because of
pollution; and (4) Class GC--may be suitable for waste disposal because of
pol1ution.
The director must develop water quality standards containing maximum con-
taminant levels for each classification. The standards will be used to re-
store ground water to drinking water quality without treatment except where it
is in a zone of discharge permitted by law or is classified as GB or GC. The
classification and standard-setting program must be completed by February 28
1988.
The Department of Environmental Management is authorized to conduct a
statewide ground-water protection study to include an identification of
aquifers capable of providing water for drinking water purposes; a determina-
tion of present and projected ground-water demands; and various legislative
and other policy recommendations. The results of the study must be reported
to the legislature by February 28, 1987.
Vermont
Act 53 (1985); V.S.A., 48-1390 et seq.
Requires the Secretary of Environmental Conservation to develop a com-
prehensive ground-water protection program which will include, among other
provisions: (a) data compilation on the quality, quantity, and location of
aquifers; (b) identification and mapping of present and potential underground
public water supplies; (c) classification of ground-water sources by use; and
(d) adoption of criteria and standards to manage activities that may affect
such uses.
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The classification system consists of four groups: (1) Class I--suitable
for public water supply and currently not exposed to activities that m g t
affect its classification; (2) Class Unsuitable for public water supply but
exposed to activities that could affect its classification; (3) Class III--
suitable for individual domestic water supply, irrigation, other agricultural
^^Kain^,l^St/la_ ..a,nd, «rcial use; and (4) Class IV-not suitable for
_„ j. ui a- T i -.-. -~~ , u,,v, \-r i uia^o Iv- -nu L i>U I Id
cil] use r S may 5e US6d f°r a9ricultura1' industrial, and commer-
All ground water initially is classified as Class III subject to reclas-
sification by the secretary. Considerations for classifying ground water in-
clude: its current or potential use; the extent of activities that may affect
us classification; its present water quality; and the classification of adia-
cent surface waters. In order to permanently protect Class I aquifers the
secretary is empowered to prohibit certain activities on land overlying' such
REGION III
Maryland
Joint Resolution No. 5 (1985); not codified
Requires the Department of Health and Mental Hygiene, in cooperation with
the departments of Agriculture and Natural Resources, to develop rfomprehen
12**™"L"^ at the following content
nup< + conam a
sources: underground storage tanks; landfills and hazardous waste sites acid
mine drainage; salt-water intrusion; nitrates, herbicides and pesticides'; and
"
Virginia
H.J.R. 324 (1987); not codified
Viran^ ThS er C°mmission to study the quality of ground water in
Virginia. The commission must consider ways to protect the quality of private
6S the ^.ationshiP of ground-water Jnagenfent to
REGION V
111inois
?'/91iniJC!' 85"863 ^;7'" *•«••».i in i/<:-/4oi er seq., ill 1/2-116.116b, 111
1/2-1014.1 et seq., Ill 1/2-1017.1 et seq., Ill 1/2-1022.2
of in «?Sti ,nt an ^teragency Coordinating Committee on Ground Water composed
Aaenrv MFPA?9 y hea^\and chaired ^ the l^™^ Environmental Protection
Agency (IEPA) empowered to review and evaluate the state's ground-water pro-
tection policy and make recommendations for new legislation and regulation?
IEPA must propose ground-water quality standards to the Pollution Control
o?ar rpfnt^ V989' The ^ard mUSt P™mul9ate standards within two yea?s
of receipt from the agency. The Department of Energy and Natural Resources is
required to develop a data collection and ground-water monitoring program wUh
water GmphaS1S °n assessin9 the impact of agricultural chemicals on ground
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The act requires the source of contamination of an underground drinking
water supply to provide the well owner with an alternative drinking water
source or treatment sufficient to render the water potable. It establishes
minimum setback requirements for sources or potential sources of contamination
from community water wells and prohibits the construction of such wells within
comparable distances of existing sources or potential sources of
contamination.
The act further requires IEPA to propose regulations to the Pollution Con-
trol Board for activities that may pollute ground water such as landfills and
storage of pesticides. The board must adopt appropriate regulations within
two years of their receipt from the agency.
IEPA must establish a regional ground-water protection planning program
and designate priority ground-water protection planning regions based upon the
mapping of recharge areas. The agency may recommend a regulation establishing
the boundary of a regulated recharge area if there is a demonstrated need for
regional protection of the aquifer due to its suseptibil ity to pollution over
a wide geographic area.
The act also allows up to 30 percent of the fees deposited in the state's
Hazardous Waste Fund to be used for ground-water protection purposes.
Minnesota
Chapter 207 (1987); M.S., 112.60
Authorizes metropolitan counties to prepare ground-water plans. The act
sets certain standards for county ground-water plans and requires each plan be
reviewed by local entities, the Metropolitan Council and certain state agen-
cies. The Metropolitan Council is responsible for mediating differences
between the local plans.
REGION VII
Iowa
Chapter 225 (1987); C.I., 455E.1 et seq., 455E.11, 200.8, 266.38, 455B.473,
507D.3
Creates a comprehensive program of research, education and demonstration
projects to address ground-water pollution problems caused by agricultural
chemicals, underground storage tanks, solid waste landfills, and household
hazardous wastes. It establishes a Ground-Water Protection Fund capitalized
by user fees on products and discharges that contribute to ground-water con-
tamination. Separate acccounts are set up in the fund for each major pollu-
tion source. J H
The agriculture management account is made up of a pesticide dealer fee
based on an assessment of one-fifth of one percent of gross annual sales in
Iowa); a manufacturer's pesticide product registration fee (one-tenth of one
percent of gross annual sales); and a nitrogen fertilizer tax ($0.75 per ton)
The underground storage tank account is composed of tank registration and man-
agement fees. The solid waste account is funded by "tipping" fees on waste
disposed at landfills. The household hazardous waste account comprises permit
OH K*GL
-------
Department of Natural Resources (DNR) and the Department of Agriculture and
Land Stewardship (DALS). DNR is responsible for developing a comprehensive
ground-water monitoring network and data collection program; completing a
ground-water hazard mapping of the state; registering agricultural drainage
wells; managing the state solid waste program; developing educational material
on household hazardous waste; and implementing the underground storage tank
program. a
DALS is charged with encouraging the employment of best management prac-
tices by farmers to lessen chemical use in order to protect ground water and
conserve the soil. It must also develop rules for pesticide management areas
and for handling used pesticide containers.
The act also establishes the Leopold Center for Sustainable Agriculture at
Iowa State University. The center's mandate is to conduct research and educa-
tional programs on sustainable agriculture (the balancing of economically vi-
able farming with ground-water quality protection and land resource
conservation).
The act expands the state's underground storage tank program by requiring
the Insurance Division in the Department of Commerce to prepare a financial
responsibility plan for damages caused by leaking underground storage tanks
I he plan may include an insurance pool capable of meeting the insurance needs
of policy holders up to $1 million dollars for corrective action and $1 mil-
lion for financial compensation to third parties for property damage and bodi-
y injury. It also creates a legislative committee charged with recommending
legislation to the 1988 session to implement the division's plan.
REGION IX
Arizona
Chapter 368 (1986); A.R.S.A., 36-3501 et seq., 49-301 et seq.
Requires the newly created Department of Environmental Quality to classify
aquifers by use and to adopt ground-water quality standards to protect such
uses. All aquifers initially are classified as suitable for drinking water
The ground-water quality standards are to be the same as the U.S. Environmen-
tal Protection Agency's primary Maximum Contaminant Levels (MCLs)- the depart-
ment may adopt numeric standards for additional contaminants.
The act requires a permit for most discharges to ground water from point
and nonppint sources. General permits utilizing best management practices are
permissible for nonpoint sources such as agriculture, urban runoff, small sep-
tic systems, and forestry practices.
The^act sets up a separate regulatory program for agricultural chemicals
It requires a pesticide registrant to submit data on the substance's environ-
mental fate to the Department of Environmental Quality. The department must
adopt numeric values for those physical characteristics (water solubility
soil adsorption, field dissipation, hydrolysis, aerobic and anaerobic soil
metabolism) that affect the agricultural chemical's leaching ability, and
publish a list of those chemicals that may pollute ground water. After con-
ducting ground-water monitoring tests, the department may cancel the registra-
tion (or take other restrictive measures) of any listed agricultural chemical
found in ground water.
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Hawaii
Act 220 (1986); not codified
Requires the director of the Department of Health to submit a draft
ground-water strategy and plan to the legislature by January 1987. The plan
must set goals for a ground-water program; outline potential ways of achieving
those goals; and identify the resources necessary to implement a program.
Within two years of the plan's adoption, the department director must have in
operation a program to predict, monitor and prevent ground-water
contamination.
REGION X
Washington
Chapter 453 (1985); R.C.W., 90.44.400 et seq.
Requires the Department of Ecology to establish standards, criteria, and a
process for the designation of specific ground-water areas where a ground-
water management program will be developed by state or local government. The
department's rules must be adopted no later than January 1, 1986.
The department further is required to identify specific ground-water areas
where contamination or depletion are imminent, or where the aquifer is the
sole source of drinking water for a community. The department must appoint an
advisory committee for each designated area. The management program developed
for each area must be submitted to the department for review prior to qoinq
into effect. a a
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GROUND-WATER CLASSIFICATION
Three states enacted legislation in this category during the 1985-87 ses-
sions as part of comprehensive ground-water protection strategies. The legis-
lation requires an executive agency to classify ground water by present and
future water use in order to accord protection sufficient to maintain such
use. Water quality standards and land use regulation typically are utilized
to protect the designated uses of classified ground-water sources.
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Ground-Water Classification Legislation
States with Legislation
-------
REGION I
Rhode Island
Chapter 494 (1985); G.L.R.I., 46-13.1-1 et seq,
See summary under Statewide Strategies.
Vermont
Act 53 (1985); V.S.A., 48-1390 et seq.
See summary under Statewide Strategies.
REGION IX
Arizona
Chapter 368 (1986); A.R.S.A., 36-3501 et seq.
See summary under Statewide Strategies.
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STANDARD SETTING
Five states enacted legislation in this category during the 1985-87 ses-
sions, generally as part of comprehensive ground-water protection strategies.
The legislation requires the establishment of water quality or drinking water
standards — threshold levels beyond which contamination of an aquifer will
occur--as the basis for regulation of point and nonpoint source discharges
into ground water. If the standards for a particular contaminant are
breached, the pollution source may be required to alter or curtail its dis-
charge activities.
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Standard Setting Legislation
States with Legislation
-------
REGION I
Rhode Island
Chapter 494 (1985); G.L.R.I., 46-13.1-1 et seq.
See summary under Statewide Strategies.
Chapter 298 (1986); G.L.R.I., 46-13.1-3, 4
Requires the director of the Department of Environmental Management to
establish preventive action limits for contaminants found in ground water. A
preventive action limit is defined as "a specified percentage of a maximum
contaminant level."
Vermont
Act 53 (1985); V.S.A., 48-1390 et seq.
See summary under Statewide Strategies.
REGION V
Illinois
Public Act 85-863 (1987); I.A.S., 111 1/2-7451 et seq.
See summary under Statewide Strategies.
REGION IX
Arizona
Chapter 368 (1986); A.R.S.A., 36-3501 et seq.
See summary under Statewide Strategies.
Hawaii
Chapter 297 (1987); H.R.S., 340E-21 et seq.
Requires the director of the Department of Health to set interim action
levels for those contaminants posing a health concern in public drinking water
supplies which have not had maximum contamination levels set by the U.S. En-
vironmental Protection Agency. The interim action levels may be superseded by
standards adopted by the director. The act also sets procedures for water
suppliers to notify the department and the public of a contaminated under-
ground drinking water supply.
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LAND USE MANAGEMENT
Six states enacted legislation in this category during the 1985-87 ses-
sions. Land use management generally entails the adoption of local government
regulations to control activities that contribute to nonpoint source pollution
in aquifer recharge zones. Regulation may take the form of zoning ordinances
or facility siting procedures to control the density of development, or the
employment of best management practices aimed at specific land disturbing ac-
tivities. New York's 1987 Chapter 628 establishes a regional planning
mechanism and state financial assistance for ground-water protection areas in
sole source aquifers. Local land use regulation on Long Island was an impor-
a^ahTvtI ^ developing New York's legislation. The potential
availability of federal funds contained in the 1986 Safe Drinking Water Act
amendments to protect aquifer recharge zones also provided an incentive
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Land Use Management Legislation
States with Legislation
-------
REGION I
Connecticut
Public Act 85-279 (1985); 6.S.C., 8-2, 8-23
Requires local development plans and zoning regulations to consider pro-
tection of underground drinking water supplies.
Rhode Island
Chapter 335 (1987); G. L.R.I., 45-24.5-1 et seq.
m^n^^r^V00?1 9°vernments to ad°Pt ordinances establishing waste water
management districts to prevent ground-water contamination from malfunctioning
Snrf ml ^ l™l syst*ms' A district may require landowners to maintain
and pump septic tanks under its jurisdiction. The act also establishes a
revolving fund to make grants or low-interest loans to individuals for the
maintenance or replacement of septic tanks.
Chapter 409 (1987); 46-15.3-1 et seq.
on th!qUJreS eacflwater+ supplier to impose a water quality protection charge
on the receipts from its sales at a rate of one cent per 100 gallons sold
The revenue raised from such assessments is to be deposited in one of two
anJ%hqp ?tty prf0tD6Cti°,n fUndS administered by the state Water Resources Board
and the city of Providence, respectively. Disbursements from the funds to
water suppliers are to be used for measures to protect drinking water quality
with 55 percent of the revenue going toward land acquisition to protect
aquifer recharge zones and watersheds. pruuect
The act also authorizes the issuance of $10 million in bonds--subject to
voter approval --to provide additional fund revenue. To be eligible for dis
uTyT'lW "wMd, ZPl1ehr ^f -PreKPiarei S Water quality Protection' 1 an ^
nnt *•' ,1988' whlch. describes desirable land use regulations and identifies
Eatef quality 3CquiSltlons for buffer ^^ to protect surface- and ground-
REGION II
New York
Chapter 305 (1986); E.C.L., 1-0303 (24), 15-0514 (1) (d)
0
Expands the definition of "sole source aquifer" to include multiole
aquifer systems (as found on Long Island) and empowers the Commissioner of
sourcenaqui?ers Vati°n t0 Pr°Mbit incomPatib^ land uses above so?e
Chapter 628 (1987); E.C.L., 55-0101 et seq.
Authorizes any municipality or person to petition the Commissioner of En-
w tMnen, fp^nnrVaHtl0n *? ' fstablish a sP^ial ground-water protection area
within a federally designated sole source aquifer in a county with a popula-
t on of one million or more. The petition must contain information concerning
the area's recharge zone capabilities; its ground-water quality; and the
economic social, ecological, recreational and aesthetic benefits/costs of
ground-water protection/degradation. LV^USLS Or
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If the commissioner approves the petition, a designated planning agency
for the area becomes eligible for state funds (up to 75 percent of the costs)
to develop a ground-water protection plan. Among other components, the plan
must include a determination of the amount and type of development activity
the area can sustain without degrading the aquifer; proposed limits on
federal state and local government financial assistance to projects that may
affect the ground-water quality; proposed land use regulations; designated
areas suitable for public aquisition; and a program for local government im-
plementation of the plan. The commissioner must approve the plan.
In addition to the petition process, the act designates nine areas on Long
Island as a single ground-water protection project under the planning juris-
diction of the Long Island Regional Planning Board.
REGION IV
Florida
85-42 (1985); F.S., 163.3177 (6) (c)
Requires local governments' comprehensive plans to include a natural
ground-water aquifer recharge element and aquifer recharge protection require-
ments. Such areas are to be given special consideration in future zoning and
land use decisions.
REGION V
Minnesota
Chapter 236 (1985); M.S., 112.36 (2) (14)
Authorizes watershed districts to be formed for the purpose of protecting
ground-water quality.
REGION X
Washington
Chapter 98 (1985); R.C.W., 56.08.013
Authorizes a sewer district to regulate sources of ground-water contamina-
tion in accordance with the district's comprehensive plan.
Chapter 425 (1985); R.C.W., 36.36.010 et seq.
Authorizes a county to create aquifer protection areas to finance the pro-
tection, preservation, and rehabilitation of ground water. In establishing
such areas, the county's legislative body must submit the question to the
electorate for approval. If approved, the county may impose fees on ground-
water withdrawals and onsite sewage disposal systems to be used for the prepa-
ration of comprehensive plans and the construction of ground-water protection
facilities.
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GROUND-WATER FUNDS
Three states enacted legislation in this category during the 1985-87 ses-
sions (funds designed specifically to address pesticide pollution or leaking
underground storage tanks are described within those categories). Ground-
water funds primarily are designed to finance the cleanup of ground-water con-
tamination or the provision of alternate drinking water supplies necessitated
by pollution. They also may be used to defray the costs of developing or im-
plementing a ground-water protection program.
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Ground-Water Funds Legislation
States with Legislation
-------
REGION I
Maine
Chapter 491 (1987); M.R.S.A., 23:3659, 38:404
a
°fa PHVate Wat6r SUPply that has been
i, by
REGION V
Wisconsin
Act 85-22 (1985); W.S.A., 144.028
Expands the eligibility of the state's well compensation fund by authoriz-
ing municipalities to apply to the state Department of Natural Resources for
grants to cover up to 60 percent of the costs of replacing private contami
nated underground drinking water supplies Anting private contami-
REGION VII
Iowa
Chapter 241 (1985); C.I., 455B.309
^teLnU9:^ w*ste tonnage fees to be
Chapter 225 (1987); C.I., 455E.11
See summary under Statewide Strategies.
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AGRICULTURAL CHEMICALS
Twenty-five states enacted legislation in this category during the 1985-87
sessions. The legislation included establishing registration, licensing, and
permitting standards for pesticide applicators; granting the necessary ad-
ministrative authority to an appropriate state agency; and regulating the
presence of agricultural chemicals in ground water.
The most significant regulatory measures aimed specifically at ground-
water protection were passed in California and Arizona. They require the sub-
mission of data on a chemical's effect on ground water; the adoption of
numeric values related to the substance's leaching capacity; and the strict
regulation of those pesticides with the potential to enter an aquifer. Iowa
chose an alternative comprehensive approach emphasizing research, education
and demonstration projects financed largely by user fees; the newly created
Leopold Center for Sustainable Agriculture is charged with developing alterna-
tives to excessive chemical applications.
Four states heavily dependent on irrigation for crop production — Kansas,
Nebraska, Colorado and North Dakota--enacted legislation regulating chemiga-
tion, the process of applying agricultural chemicals to crops through irriga-
tion systems. Two less irrigation-dependent states--South Carolina and
Minnesota — also set up chemigation programs.
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Agricultural Chemicals Legislation
States with Legislation
-------
REGION I
Connecticut
Public Act 85-273 (1985); G.S.C., 22a-50, 22a-52, 22a-53, 22a-58
Authorizes the Commissioner of Environmental Protection to reclassify
general use pesticides to a restricted use category, thereby requiring a per-
mit for their use. Also requires private appl icators--principally farmers--to
maintain records of restricted pesticide use.
Public Act 86-353 (1986); G.S.C., 22a-66b et seq.
Authorizes the Commissioner of Environmental Protection to develop a reg-
istration program for pesticide application businesses. The act requires such
businesses to apply to the commissioner for a registration certificate and
sets standards by which applications will be considered.
Maine
Chapter 465 (1985); M.R.S.A., 38-402
Requires, the Maine Geological Survey to conduct a 3-year study assessing
the impact of agricultural practices and chemicals on ground-water quality.
The study will address the extent and level of pesticide contamination; the
movement of pesticides into ground water; and the synergistic effects of pes-
ticides and their persistence in ground water. An annual report must be sub-
mitted to the legislature's Joint Committee on Energy and Natural Resources.
New Hampshire
Chapter 375 (1985); N.H.R.S.A., 430:28 et seq.
Recodifies and generally amends existing law that establishes a Pesticide
Control Board authorized, among other powers, to adopt rules regulating the
time, place and conditions for commercial pesticide use; restrict or prohibit
the application of certain pesticides; regulate the handling, transport, and
disposal of pesticides; and set container labeling requirements.
Requires a permit from the Division of Pesticide Control in the Department
of Agriculture for the commercial application of all pesticides and the pri-
vate application of restricted use pesticides. Pesticide dealers must be li-
censed by the division, and all pesticides sold in the state must be regis-
tered with the division.
The domestic use of pesticides is exempt from the provisions of the chap-
ter provided that "a person applying pesticides. . .shall not allow any pesti-
cide to enter any stream or body of water by reason of such application."
Rhode Island
Chapter 260 (1985); G.L.R.I., 23-25.2-1 et seq.
Establishes a Pesticide Relief Advisory Board responsible for making
recommendations to the Director of Environmental Management concerning pesti-
cide use, primarily emergency response to pesticide contamination and grants
for integrated pest management (nonchemical use) projects. The board also
must "evaluate and make recommendations. . .regarding chemicals and pesticides
which require application setbacks from domestic water wells."
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The act further establishes a Pesticide Relief Fund — comprised of pesti-
cide registration fees — for use in testing and monitoring pesticides, and for
developing alternative water supplies to replace contaminated wells.
Vermont
Act 72 (1985); V.S.A., 6-929, 6-1110
Establishes a Pesticide Monitoring Revolving Fund — comprised of pesticide
registration fees — to monitor pesticide use. Also requires the Commissioner
of Agriculture to develop a monitoring plan.
REGION III
Maryland
Chapter 36 (1985); A.C.M., Agr., 5-206, 5-207
Requires a person who sells or distributes a restricted use pesticide or a
public agency that applies a pesticide to obtain a permit from the Secretary
of Agriculture. Authorizes the secretary to adopt rules and regulations
governing such permits.
Chapter 301 (1987); A.C.M., Agr., 5-208 (D)
Requires the applicator of an experimental use pesticide permitted by the
U.S. Environmental Protection Agency to provide the state Department of
Agriculture with information concerning the location of the application; the
pesticide's active ingredients; and the pesticide's toxicological profile.
Chapter 302 (1987); A.C.M., Agr., 5-201 et seq.
Authorizes the Secretary of Agriculture to enter into cooperative agree-
ments and adopt pesticide use classifications to carry out state pesticide
application laws. Sets additional criteria by which the secretary may grant
pesticide applicators certificates of use, including proof of liability in-
surance. Pesticide applicators are required to provide customers with
specific information regarding pesticide use. The act also authorizes the
secretary to establish rules and regulations imposing civil penalties for any
violation of pesticide laws.
Pennsylvania
Act 167 (1986); P.S.A., 3-111.21 et seq.
Requires every pesticide distributed in the state to be registered with
the Secretary of Agriculture. The act empowers the secretary to require
specific information relating to the registration of a pesticide, including
the submission of a list of all active or inert ingredients and a full
description of any tests that have been conducted.
The act further requires each commercial pesticide application business to
be licensed by the secretary in those categories for which it is doing busi-
ness. The secretary may categorize different types of application licenses
and set criteria for the granting of licenses, such as requiring applicators
to provide evidence of financial responsibility. The secretary is authorized
to suspend, revoke or modify any license.
The secretary also must promulgate rules and regulations for the cer-
tification of commerical, private and public pesticide applicators. The act
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sets specific pesticide use criteria for noncertified applicators and for ap-
plication technicians. It prohibits the purchase of any restricted use pesti-
cide by a non-certified applicator or the application of a restricted use pes-
ticide within 100 feet of a publicly owned area unless a waiver is granted by
the secretary.
West Virginia
Chapter 131 (1986); W.V.C., 19-16B-2
Recodifies and generally amends the Pesticide Use and Application Act.
The act requires all pesticide application businesses to be licensed by the
Commissioner of Agriculture. It sets criteria by which a license and its re-
newal can be granted and authorizes the commissioner to suspend, revoke or
modify any license provision under certain conditions. It further establishes
penalties for violations of the act and authorizes the commissioner to promul-
gate rules and regulations permitting consent agreements or negotiated settle-
ments for civil penalties. The act also prohibits municipalities or counties
from enacting laws or ordinances regarding the regulation of pesticide use and
application.
REGION IV
Florida
Chapter 86-116 (1986); F.S., 487.158 (r)
Expands the grounds for disciplinary action for violation of pesticides
law to include the failure to disclose records of pesticides used, and pro-
hibiting access and inspection of pesticides and the area to which they have
been applied, to representatives of the Department of Environmental
Regulation.
Mississippi
Chapter 523 (1987); M.C.A., 49-17-19, 69-23-7, 75-47-7
Requires the Mississippi Air and Water Pollution Control Commission, when
adopting ground-water quality standards for pesticides and fertilizers, to use
existing federal standards. If no federal standard exists, the commission may
petition the U.S. Environmental Protection Agency to set one or consult with
the agency in devising its own standard.
The act also empowers the commission to cancel or suspend the registration
of any pesticide (and grants the Commissioner of Agriculture the same authori-
ty relating to fertilizers) in violation of state law or which poses an imme-
nent health hazard or threat to ground-water quality. It places a portion of
the fertilizer registration fee in a special fund to be used for implementing
programs to protect ground water from contamination by fertilizer use.
North Carolina
Chapter 559 (1987); G.S.N.C., 143-442 et seq.
Authorizes the state Pesticide Board to request a full description of the
tests made and the results of such tests for any pesticide to be used in the
state. Prohibits the sale or distribution of a restricted use pesticide to
any unlicensed dealer. The chapter further empowers the board to stop the
sale or use of any pesticide whose application is inconsistent with its
labeling requirements or the disposal of any pesticide in violation of the
act.
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South Carolina
Act 495 (1986); C.L.S.C., 46-1-140
Requires any irrigation system designed or used for the application of
fertilizers, pesticides or chemicals to be equipped with an anti-syphon device
adequate to protect ground-water quality. The act sets design criteria for
such a device. The Division of Regulatory and Public Service Programs at
Clemson University must promulgate rules and regulations necessary to imple-
ment and enforce the law.
REGION V
Illinois
Public Act 84-153 (1985); I.A.S., 5-822.1
Establishes a Pesticide Control Fund comprised of pesticide registration
and license fees to be used for public education programs on the proper use of
pesticides.
Public Act 84-358 (1985); I.A.S., 5-803, 5-809, 5-811
Expands the Department of Agriculture's authority to control the purchase,
use, storage, and disposal of pesticides. Requires the department to certify
pesticide applicators as being competent and knowledgeable in the use of pes-
ticides as a condition for licensure, with recertification required every five
years. Further requires a license from the department for restricted use
pesticides.
Minnesota
Chapter 358 (1987); M.S., 18.53
Authorizes the Commissioner of Agriculture to develop and administer state
regulations relating to pesticides. The commissioner must determine the im-
pact of pesticides on surface and ground water and develop standards for pes-
ticide management. The act sets specific pesticide standards in the following
areas: (1) sale, use and storage of pesticides; (2) posting of warning signs
when a pesticide has been used; (3) licensing of pesticide applicators; (4)
recordkeeping and liability requirements for pesticide activities; (5) correc-
tive action when a pesticide is released into the environment; and (6) en-
forcement and penalties for violations of the pesticide laws.
The act requires all pesticides used or distributed in the state to be
registered with the commissioner. It further establishes a chemigation pro-
gram requiring a permit from the commissioner for pesticides applied through
an irrigation system. Additionally, the commissioner, in conjunction with the
Pollution Control Agency, must develop a pesticide container deposit and re-
turn program for certain pesticide containers.
Wisconsin
Act 206 (1986); W.S.A., 94.709
Expands the formula for calculating the boundary of areas in which al-
dicarb use is prohibited. The Department of Agriculture, Trade and Consumer
Protection must deny any permit for the application of pesticides containing
aldicarb in prohibition areas unless it determines that concentrations of al-
dicarb have been below the enforcement standard for at least two years and its
use would not cause the standard to be exceeded. The act further requires the
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department to appoint a committee, whose membership shall include state legis-
lators, to assess the state's experience in regulating agricultural chemicals
and to make appropriate policy recommendations.
Act 27 (1987); W.S.A., 94.68 (3) et seq., 94.685, 94.703 et seq.
Requires applicants for a license to sell or distribute pesticides to sub-
mit a report to the Department of Agriculture, Trade and Consumer Protection
listing every pesticide proposed for sale or distribution. License fees are
to be deposited in the state's ground-water fund. The act further prohibits
the sale of restricted-use pesticides without a license, and requires a
license for commercial applicators.
REGION VI
Louisiana
Act 167 (1985); L.R.S., 3:3221 (B)
Requires a person who is reregistering a pesticide for which the label has
been changed to submit the same type of information as required for the ini-
tial registration of a pesticide.
Act 510 (1986); L.R.S., 3:3210
Creates a pesticide fund to finance state pesticide programs and
activities.
REGION VII
Iowa
Chapter 225 (1987); C.I., 200.8, 266.38
See summary under Statewide Strategies.
Kansas
Chapter 5 (1985); K.S.A., 2-3301 et seq.
Regulates the application of agricultural chemicals through chemigation a
process whereby pesticides or other chemicals are added to irrigation water
applied to the land or crops through an irrigation distribution system The
act requires persons using chemigation to register with and obtain a permit
from the Secretary of the State Board of Agriculture; use functional anti-
pollution devices; and keep records and file reports as deemed necessary by
the secretary. Anti-pollution devices include waterline check valves chemi-
cal line devices, interlock systems, vacuum relief devices, automatic low
pressure drains, and separate injection systems.
The act also requires the secretary to provide on a periodic basis
chemigation safety information to all those holding a user's permit The
secretary further is empowered to enter any premises to inspect chemigation
equipment or application procedures. Penalties are set for violations of the
3C t.
Chapter 12 (1985); K.S.A., 2~2438a
Requires pesticide dealers to register with the State Board of
Agriculture.
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Chapter 13 (1985); K.S.A., 2-2440
Removes the exemption from licensing requirements for pesticide businesses
that apply general use pesticides to agricultural land.
NEBRASKA
Agricultural Chemicals
LB 284 (1986); R.S.N., 46-1101 et seq.
Requires irrigators to obtain an annual chemigation permit from the local
natural resources district with jurisdiction. Chemigation is the process
whereby agricultural chemicals are applied to crops through irrigation sys-
tems. Chemigators must be certified by the state Department of Environmental
Control before commencing operations.
The statute specifies required chemigation equipment to prevent ground-
water_contamination, including a check valve and vacuum relief valve; an in-
spection port; an automatic low-pressure drain; and a simultaneous interlock
device to shut off the system. The law requires chemigators to report a
chemical spill within 24 hours to the department. If the 24-hour compliance
deadline is met, along with all other chemigation requirements, the chemigator
responsible for the spill will not be held liable for polluting a neiqhborinq
well. 3
REGION VIII
Colorado
Chapter 260 (1987); C.R.S., 35-11-101 et seq.
Requires a permit from the Department of Agriculture after January 1,
1990, for chemigation, the process of applying agricultural chemicals to crops
through irrigation systems. The department must issue regulations governing
the installation and use of chemigation equipment; permit fees; and criteria
for the entry of inspectors to check for compliance with the law.
The statute lists required devices for chemigation equipment, including a
backflow prevention check valve and vacuum relief valve; an inspection port-
an automatic low-pressure drain; and a simultaneous interlock device It re-
quires permitted chemigation systems to be inspected at least once every two
years, and empowers the department to revoke a permit if ground-water con-
tamination is discovered.
Chapter 261 (1987); C.R.S., 35-9-104 (2) (c)
Establishes the Colorado Pesticide Fund to be comprised of fees collected
under the state's pesticide laws. Revenue in the fund is to be appropriated
annually by the legislature to the Department of Agriculture to defray the
costs of administering the state's pesticide program."
North Dakota
Chapter 103 (1985); N.D.C.C., 4-35-12.1, 4-35-21.1
Requires a person alleging damage to his property from another's pesticide
application to submit a loss report to the Commissioner of Agriculture as a
condition for bringing a civil action against the pesticide applicator. Em-
powers the commissioner to stop the sale of any pesticide sold in violation of
this chapter.
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Chapter 93 (1987); N.D.C.C., 4-35.1-01 et seq.
Requires the Commissioner of Agriculture to adopt rules regulating
chemigation, a process by which chemicals are applied to crops through irriga-
tion systems. The rules must include standards for the design, installation,
use and maintenance of irrigation equipment used in chemigation, and for the
application of pesticides and fertilizers through irrigation systems. The
commissioner also is authorized to periodically inspect chemigation equipment
and operations.
South Dakota
Chapter 377 (1985); S.D.C.L.A., 38-21-27
Requires the licensing of aerial pesticide applicators by the Secretary of
Agriculture.
REGION IX
Arizona
Chapter 368 (1985); A.R.S.A., 32-2301 et seq.
Authorizes the Structural Pest Control Board to request specific records
from persons applying pesticides; expands the board's enforcement authority;
and establishes additional powers and duties. The statute also amends the
continuing education requirements for renewal of a pesticide applicator's
license.
Chapter 368 (1986); A.R.S.A., 49-301 et seq.
See summary under Statewide Strategies.
California
Chapter 1298 (1985); A.C.C., Food and Agriculture, 13141 et seq.
Requires each person who has registered an economic poison for agricul-
tural use to submit to the director of the Department of Food and Agriculture
information regarding the substance's effect on ground water no later than
December 1, 1986. The registration or reregistration of an economic poison
without such information is prohibited.
The act requires the department to establish numeric standards for
economic poisons in ground water by December 1, 1986. No later than December
1, 1987, and annually thereafter, the director of the department must report
information on economic poisons in ground water to the legislature, the De-
partment of Health Services, and the Water Resources Control Board. The di-
rector also must establish a list of economic poisons with the potential to
pollute ground water and regulate their use.
The act further requires the director to conduct a soil and ground-water
monitoring program statewide. The registration for any economic poison that
has contaminated ground water must be canceled unless the director finds that
the health effects are not carcinogenic, mutagenic, teratogenic, or
neurotoxic.
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Chapter 744 (1986); A.C.C., Food and Agriculture, 12113
Empowers the director of the Department of Food and Agriculture, after
conducting a hearing, to refuse, revoke or suspend a pesticide dealer license
for violation of the state's pesticide laws.
Chapter 932 (1986); A.C.C., Food and Agriculture, 221
Deletes the requirement that the director of the Department of Food and
Agriculture conduct investigations and hearings prior to issuing regulations
when such regulations are adopted on an emergency basis.
Chapter 1234 (1986); A.C.C., Food and Agriculture, 12825 et seq.
Requires a pesticide registrant, during or after the registration process,
to notify the Department of Food and Agriculture of any evidence indicating
any adverse effects associated with the pesticide. The department director
may cancel the registration of such a pesticide.
Hawaii
Act 127 (1985); not codified
Authorizes the Office of Environmental Quality Control to develop an ap-
proach for monitoring ground and surface water for the presence of pesticides
and chemical byproducts. The office also is required to assess the feasibili-
ty and usefulness of establishing a statewide reporting system for all pesti-
cides sold and distributed, and of developing criteria to assess risks associ-
ated with pesticide use.
Act 131 (1985); H.R.S., 149A-32.5
Requires the chairperson of the Board of Agriculture, in consultation with
the Advisory Committee on Pesticides and with the approval of the Director of
Health, to suspend, cancel, or restrict the use of specific pesticides when
their use is determined to have unreasonable adverse impacts on the environ-
ment (e.g., when pesticide residues appear in drinking water).
Act 167 (1987); H.R.S., 149A-31
Requires any equipment used to disperse pesticides to be equipped with an
air gap or reduced-pressure back-flow device adequate to protect water
quality.
Act 310 (1987); H.R.S., 149A-2 et seq.
Sets additional requirements for pesticide licensing. Specifically pro-
hibits a pesticide from being sold, resold or distributed in the state prior
to 1icense renewal.
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UNDERGROUND STORAGE TANKS
The 1984 amendments to the Resource Conservation and Recovery Act (RCRA),
created a new, comprehensive federal program for the regulation of underground
storage tanks. Under the federal provisions, states can adopt their own
programs by establishing state standards that are at least as stringent as the
federal regulations. State programs must include the minimum federal
standards for notification procedures, leak detection systems, record
maintenance, release reporting, corrective action, tank closure, financial
responsibility, and new tank performance standards.
Twenty-seven states (the largest number in any category) enacted
underground storage tank legislation during the 1985-87 sessions. All but
seven of those states—New Jersey, Florida, Illinois, Wisconsin, Louisiana,
California, and Washington--established new state programs covering most of
the federal requirements. To ensure state primacy over program
administration, legislation in 12 of the states—Vermont, Virginia, North
Carolina, Indiana, Minnesota, Texas, Iowa, North Dakota, Utah, Arizona,
Hawaii, and Oregon — specifies that the state program must be at least as
stringent as the federal regulations (New Jersey and Louisiana amended their
existing legislation to comply with RCRA standards).
The Congress adopted a provision in the Superfund Amendments and
Reauthorization Act (SARA) of 1986 mandating that $500 million be raised and
dispersed to the states over the .following five years to help mitigate the
effects of leaking underground storage tanks. Nine states—Maine,- New
Hampshire, Vermont, Delaware, Virginia, Florida, Minnesota, Wisconsin, and
Oregon—have developed trust funds specifically targeted for clean-up
activities.
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Underground Storage Tank Legislation
States with Legislation
-------
REGION I
Maine
Chapter 496 (1985); M.R.S.A., 38-561 et seq.
Requires the Board of Environmental Protection to develop an underground
oil storage tank program. The program requirements include (1) registration
of all underground oil tanks; (2) design, installation, maintenance,
operating, and monitoring standards; and (3) tank replacement and abandonment
procedures.
The chapter creates a Ground-Water Oil Clean-up Fund comprised of
registration fees, penalties, and reimbursements. The fund will be used to
defray expenses for research and development, third party damages from leaking
underground storage tanks, and arbitration costs encountered in settling
disputes.
The chapter also establishes joint and several liability for ground-water
contamination, and relaxes the proof of causation requirement when the state
determines liability.
Chapter 626 (1986); M.R.S.A., 38:564
Sets additional design and installation standards for underground storage
tanks.
Chapter 410 (1987); M.R.S.A., 32:10001 et seq.
Expands the underground oil storage tank installers certification program
to include the storage of hazardous substances and sets specific certification
requirements.
Chapter 491 (1987); M.R.S.A., 38:563-A, 563-B, 565, 566-A
Requires the Department of Environmental Protection to develop a com-
pliance schedule by which all nonconforming underground oil storage tanks must
be replaced. Authorizes the department to set standards for tank removal,
testing, leak detection, and financial responsibility.
The chapter further requires all underground storage tanks to be
precision-tested every five years or, as an alternative, to have ground-water
monitoring wells installed.
Chapter 521 (1987); M.R.S.A., 10:963-A, 1023-D, 1024, 1026
Creates a nonlapsing, revolving "storage facility replacement fund" to
financially assist in the removal of leaking underground storage tanks. Au-
thorizes the state Finance Authority to set rules and regulations for dis-
tributing money in the fund. Financial assistance may include direct loans
for underground storage tank replacement projects or insuring the mortgage
payments with respect to such projects.
New Hampshire
Chapter 182 (1986); N.H.R.S.A., 146-C:1 et seq.
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Requires the Water Supply and Pollution Control Commission to develop an
underground storage facility program. The commission must set standards for
(1) registering and permitting underground storage facilities; (2) construct-
ing new facilities; (3) recordkeeping and inspection; (4) transferring the
ownership of a facility; and (5) assessing financial responsibility.
The chapter also sets up an interim study committee to examine financing
mechanisms for an underground storage tank replacement revolving loan fund.
Chapter 377 (1987); N.H.R.S.A., 146-A:ll-a et seq.
Establishes ah Oil Pollution Control Fund to mitigate the adverse effects
from leaking underground storage tanks. The fund may be used to provide emer-
gency replacement water supplies, cover pollution clean-up costs, and remove
leaking and install new underground storage tanks. The Division of Water Sup-
ply and Pollution Control is authorized to make low-interest loans for tank
removal and installation not to exceed $50,000 per applicant. The act also
provides strict liability for corrective measures, and tort liability to third
parties for negligent or intentional discharges of oil into ground water.
The act establishes an interim study committee charged with assessing
financing mechanisms for an underground storage tank replacement revolving
loan fund and other means for tank owners to meet financial responsibility
requirements. The committee must report its findings to the governor and
legislature by November 1, 1987.
Vermont
Act 66 (1985); V.S.A., 10-1921 et seq.
Requires the Secretary of Environmental Conservation to develop and oper-
ate an underground storage tank program. The standards developed by the
secretary must be consistent with, or more stringent than, federal regulations
promulgated under Title VI of the federal Resource Conservation and Recovery
Act amendments of 1984.
Underground storage tanks are classified into two categories: (1) fuel
oil storage tanks used for on-premises heating purposes, and farm or residen-
tial tanks used for storing motor fuel; and (2) all other types of underground
storage tanks (referred to as Category 1 tanks).
All underground storage tank owners must notify the agency of the exis-
tence and location of each tank. The agency must issue five-year permits for
Category 1 tanks specifying proper underground tank design and installation
standards; leak detection, monitoring, and reporting procedures; financial
responsibility requirements; and corrective action and tank closure methods.
Similar but separate standards are to be established for the remaining tanks
that reflect their unique use in homes and farms.
The secretary is authorized to inspect and require tank tests when neces-
sary. Civil and criminal penalties are provided for violations of the act.
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Act 85 (1987); V.S.A., 10-1921 et seq.
Creates a nonlapsing "underground storage tank trust fund" composed of
money received from the federal underground storage tank trust fund to be ad-
ministered by the Secretary of Environmental Conservation. The act also re-
quires the commissioner of the Department of Banking and Insurance to adopt
rules and assist in formulating underground storage tank risk pools.
The act further establishes an underground storage tank incentive program
for the owners of gasoline outlets that sell less than 20,000 gallons of gaso-
line per month. Those owners that qualify may apply for a grant up to $5,000
to help defray the costs of replacing underground storage tanks.
REGION II
New Jersey
Chapter 102 (1986); N.J.S.A., 58:10A-21 et seq.
Requires the Department of Environmental Protection to develop criteria to
be used in determining if local underground storage tank regulations that are
more stringent than the state's regulations are permissible. Where the
criteria are met, local governments may petition the department for approval
of local administration of underground storage tank programs. The act also
directs the department to establish underground storage tank registration fees
to defray the costs of program administration and redefines exempt tanks to be
farm or residential tanks storing less than 1,100 gallons of motor fuel for
noncommercial purposes to comply with the Resource Conservation and Recovery
Act.
REGION III
Del aware
Chapter 161 (1985); D.C.A., 7-7401 et seq.
Requires the Department of Natural Resources and Environmental Control to
develop and administer an underground storage tank program. The department
must issue regulations pertaining to inventory control systems adequate to
detect leaks; corrective action measures that tank operators must follow once
a leak is detected; tank closure standards; permits for specific classes of
tanks and those in environmentally sensitive areas; and financial respon-
sibility requirements for damages associated with tank leaks.
The statute sets a timetable for the registration of new and existing
tanks with the department and establishes enforcement standards that include
civil penalties for violations. The department also is empowered to inspect
and monitor any facility where an underground storage tank is located.
The department further is required to study the feasibility of establish-
ing a "response .fund" to cover cleanup costs and damages attributable to
underground storage tank leaks where the owner or operator cannot be iden-
tified or where the cleanup costs exceed the owner's financial capacity. A
select committee is created to guide the department in developing its regula-
tions and to oversee the state program. The committee consists of a diverse
set of affected interests, including members of the legislature.
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Chapter 187 (1987); D.C.A., 7-7402 et seq.
Establishes the Delaware Underground Petroleum Storage Tank Response Fund
to be administered by the Department of Natural Resources and Environmental
Control and capitalized by an annual tank registration fee. Revenue in the
fund is to be used to cover the costs of investigating underground storage
tank leaks; restoring or replacing drinking water supplies contaminated by
petroleum releases; corrective measures associated with releases to the en-
vironment; and third-party compensation for damages.
The act attempts to encourage voluntary rehabilitation of sites contami-
nated by leaking underground storage tanks by providing financial reimburse-
ment of certain costs incurred in such remedial action. It further requires
the department to adopt regulations regarding minimum levels of financial
responsibility for owners and operators of underground storage tanks.
Virginia
Chapter 528 (1987); V.C., 36-99.6, 62.1-44.34:8-9
Requires the Water Control Board to develop and administer an underground
storage tank program. The rules and regulations developed by the board must
include proper notification of new and existing tanks and corrective action
measures that tank operators must follow once a leak is detected The board
also is required to enforce the interim federal installation underground
storage tank standards until state regulations are promulgated. All standards
developed under this act are to be in accordance with all applicable federal
laws and regulations.
Chapter 677 (1987); V.C., 62.1-44.34:5, 8-10
Requires the Water Control Board to adopt financial responsibility re-
quirements for owners and operators of underground storage tanks. The minimum
financial responsibility standards are $100,000 per occurrence for corrective
^nn°nnn t0 miti9ate,the effects of leaking underground storage tanks and
$300,000 per occurrence for compensation to third parties for bodily injury
and property damage. The act enables owners and operators of underground
storage tanks who are unable to demonstrate these minimum standards to es-
tablish insurance pools. The State Corporation Commission is required to
oversee the development of such pools. requireu to
stnv.™6 T3Cl call°.. 5reates a n°nlapsing, revolving "Underground Petroleum
Storage Tank Fund" to financially assist the Water Control Board in adminis-
tering the state underground storage tank program. All expenses, costs and
judgements recovered under the underground storage tank program and moneys
received as reimbursements are to be deposited in the fund. Fund disKe-
ments include the costs of corrective action and compensation for third
parties in excess of the minimum financial responsibility requirements up to
!Jn?Jn T u6 h; th* costs Of miti9ating the effects of leaking underground
storage tanks when the owner or operator cannot be determined or is incapable
of carrying out such action; and the administrative costs incurred by the
board in administering the state underground storage tank program.
REGION IV
Florida
Chapter 86-159 (1986); F.S., 206.9915 et seq., 376.3071
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Establishes an Inland Protection Trust Fund to help protect ground water
and inland surface water. The fund is to be comprised of money raised through
an excise tax levied on each barrel of pollutant produced or imported into the
state, and is to be administered by the Department of Environmental
Regulation.
The fund may be used for the investigation, maintenance, restoration and
rehabilitation of sites contaminated by stored petroleum products. The de-
partment must establish rules to prioritize contaminated sites and may seek
reimbursement of costs incurred in cleanup. The department may contract with
local governments to achieve the act's objectives.
The act also establishes an Early Detection Incentive Program within the
fund. It provides a 15-month grace period for leaking underground storage
tanks reported to the department between July 1, 1986 and October 1, 1987.
All costs incurred to replace underground storage tanks and to restore the
contaminated area will be covered by the fund during the grace period.
Chapter 87-374 (1987); F.S., 206.9935, 376.3071
Extends the deadline on the excise tax levied for the Inland Protection
Trust Fund to 1997. Requires the registration of stationary tanks with
storage capacities of 550 gallons or less at nonresidential areas with the
Department of Environmental Regulation by December 31, 1987. Authorizes the
department to approve or deny local ordinances regulating underground storage
tanks.
Kentucky
Chapter 237 (1986); K.R.S., 224.810, 224.814
Requires the Natural Resources and Environmental Protection Cabinet to
develop a program to regulate underground storage tanks. In developing the
program, the cabinet is authorized to establish standards for underground
storage tank construction, monitoring, repair, closure and financial
responsibility.
North Carolina
Chapter 551 (1985); G.S.N.C., 143-215.3, 143B-222
Empowers the Environmental Management Commission to develop an underground
storage tank program in accordance with mandated federal programs under the
Resource Conservation and Recovery Act (RCRA). In developing the program, the
commisssion is authorized to establish standards and adopt regulations con-
cerning underground storage tank registration, construction, installation,
monitoring, repair, closure, financial responsibility, and leaks.
REGION V
Illinois
Public Act 85-861 (1987); I.A.S., 111 1/2-1004, 111 1/2-1022.13, 111 1/2-
1022.18, 127 1/2-154, 127 1/2-156
Requires the state Fire Marshal to register and permit all underground
storage tanks and assess and collect specific fees on certain types of tanks.
The act also authorizes the state Environmental Protection Agency to notify
and require the owner or operator of an underground storage tank to undertake
preventive or corrective action when there is a leak or threatened leak.
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The act sets liability standards and penalties for violations of the
underground storage tank program. All revenues generated from underground
storage tanks are to be placed in a trust fund to administer the program!
Indiana
Public Law 172 (1987); I.S.A., 13-7-20-1 et seq.
Requires the Solid Waste Management Board to-develop and operate an under-
ground storage tank program. The board is authorized to establish rules and
regulations regarding leak detection standards, reporting requirements once a
leak has been detected, corrective action measures including the closing of
leaking tanks, and recordkeeping standards.
The act also sets specific financial responsibility standards for tank
owners and mandates certain requirements for new tanks. All standards under
this act must be developed in accordance with federal regulations adopted
under Subtitle I of the Resource Conservation and Recovery Act. A special
fund is established to defray the cost of administering the program.
Minnesota
Chapter 13, Sections 235-239, First Special Session (1985); M.S., 116.46 et
S6(| •
Empowers the state Pollution Control Agency to establish an underground
storage tank program. The rules and regulations developed by the agency will
not become effective until the U.S. Environmental Protection Agency publishes
its final regulations for underground storage tanks or until February 8 1987
whichever is first.
The statute establishes interim standards that require all underground
storage tanks to be designed in a manner that prevents the release of any
HnnISdtsub,statnce- " s^s a timetable for owners of new, existing, or aban-
doned tanks to notify the agency of each tank's existence. Additional re-
quirements apply to changing ownership and the storage of regulated substances
in underground tanks. Rules and regulations promulgated under the act preempt
conflicting local rules regulating underground tanks.
Chapter 388 (1987); M.S., 115C.01
Authorizes the Director of the Pollution Control Agency to take corrective
action or order the responsible parties to take corrective action in response
to a leaking underground storage tank. Makes the responsible parties liable
for cleanup costs.
The act also establishes a petroleum tank release cleanup fee imposed on
the use of petroleum tanks. All money collected from this fee, and revenue
generated from the cleanup of underground storage tanks, are to be placed in
the newly created Petroleum Tank Release Cleanup Fund. The fund is to be used
to defray the costs of state cleanup activities.
Wisconsin
Act 27 (1987); W.S.A., 25.47
Creates a separate, nonlapsing Petroleum Storage Cleanup Fund to defray
the costs of administering the state underground storage tank cleanup program.
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REGION VI
Louisiana
Act 493 (1985); L.R.S., 30:1141.2-1141.3
Requires the Secretary of Environmental Quality to issue rules and regula-
tions and to set fees for the registration of underground storage tanks. The
act also establishes an Underground Storage Tank Trust Fund to defray the
costs of administering the state's underground storage tank program.
Act 421 (1986); L.R.S., 30:1141.2 (C)
Amends the'definition of an underground storage tank to comply with the
federal definition under the Resource Conservation and Recovery Act.
New Mexico
Chapter 179 (1987); N.M.S.A., 74-4-3 et seq.
Requires the Environmental Improvement Board to develop a program to reg-
ister underground storage tanks. The board may require tank installers to
obtain certification from the Environmental Improvement Division of the Health
and Environment Department. The act sets general guidelines by which the
board may suspend or revoke an installer's certification. It also establishes
penalties for violations of the state program.
A Hazardous Waste and Underground Storage Tank Fund is created to defray
the costs of the state program's activities. All funds collected by the state
relating to underground storage tanks must be credited to the fund.
Texas
Chapter 277 (1987); T.C.A., Water, 26.341 et seq.
Requires the state Water Commission to develop and operate an underground
storage tank program. The standards established by the commissioner must be
at least as stringent as the federal regulations promulgated under Title VI of
the federal Resource Conservation and Recovery Act.
In developing the underground storage tank program, the commission must
establish rules and regulations concerning tank standards; leak detection and
recordkeeping requirements; reporting requirements once a leak has been de-
tected; corrective action and tank closure measures; and financial respon-
sibility. The commissioner is authorized to enter the premises containing an
underground storage tank for inspection and testing.
The act also establishes an annual fee on facilities operating underground
storage tanks. The fees collected, together with other revenues related to
underground storage tanks, are to be placed in an Underground Storage Tank
Fund to help defray the costs of the state program.
REGION VII
Iowa
Chapter 162 (1985); C.I., 455B.471 et seq.
Empowers the Department of Water, Air and Waste Management to develop and
operate an underground storage tank program. Standards developed under the
program must be consistent with and may not exceed federal regulations under
the Resource Conservation and Recovery Act (RCRA).
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The Commission on Water, Air and Waste Management within the department is
required to issue regulations pertaining to: new tank standards; leak detec-
tion and monitoring systems; reporting and recordkeeping requirements; correc-
tive action and tank closure procedures; and rules for financial
responsibility.
The statute also sets a timetable for the registration of new, existing,
and nonoperating tanks, and establishes enforcement standards that include
civil penalties for violations. The department further is empowered to in-
spect and monitor any facility where an underground storage tank is located.
Chapter 225 (1987); C.I., 455B.473, 507D.3
See summary under Statewide Strategies.
Nebraska
LB 217 (1986); R.S.N., 81-15,117 et seq.
Requires the state Fire Marshal to establish rules and regulations for
detecting, preventing and correcting leaking underground storage tanks The
regulations must include standards for the constuction, design, installation
and replacement of tanks; recordkeeping procedures; reporting requirements
when a leak is found; and financial responsibility standards. The Fire Mar-
shal also must establish separate registration, permit and inspection programs
which are to include fee systems. In administering the underground storage
tank program, the Fire Marshal must consider the location, storage capacity
use and age of a tank; the type of substances stored in a tank; and the soil
and climate conditions surrounding a tank.
The act also creates a Petroleum Products and Hazardous Substances Storage
and Handling Fund. The fund is to be administered by the Department of En-
vironmental Control and be used to operate the state underground storage tank
program. 3
LB 365 (1987); R.S.N., 81-15,119
Amends the definition of an underground storage tank to comply with the
federal definition contained in Subtitle I of the Resource Conservation and
txcUJVci V /AC. U •
REGION VIII
Montana
Chapter 633 (1985); M.C.A., 75-10-403, 75-10-405, 75-10-409
Authorizes the Department of Health and Environmental Science to adopt
rules regarding: underground storage tank reporting requirements; financial
responsibility; release detection, prevention, and correction; and standards
for the design,, construction, and installation of underground storage tanks
The act also requires tank owners or operators to report leaks to the
department.
North Dakota
Chapter 306 (1987); N.D.C.C., 23-20.3-01 et seq.
Requires the Department of Health to establish an underground storage tank
program. The standards developed by the department must be consistent with
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and may not exceed the federal regulations promulgated under Title VI of the
federal Resource Conservation and Recovery Act amendments of 1984. The de-
partment must issue rules and regulations for leak detection standards;
reporting requirements once a leak has been detected; corrective action mea-
sures including the closing of leaking tanks; financial responsibility re-
quirements; and recordkeeping standards.
The act also requires the department to set specific construction and per-
formance standards for new tanks and adopt procedures to enable underground
storage tank owners to notify the agency of existing tanks. In addition, the
act authorizes the department to inspect underground storage tank facilities
when deemed necessary. A permit fee system is created to defray the cost of
the state program. All counties, cities and townships are prohibited from
developing underground storage tank ordinances more stringent than the state
standards.
South Dakota
Chapter 284 (1985); S.D.C.L.A., 34A-2-98, 34A-2-99
Requires the Board of Water Management to develop an underground storage
tank program. The board must establish rules and standards regarding: (1)
notification requirements for existing tanks; (2) performance standards for
new tanks; (3) leak detection, tank testing, and recordkeeping requirements;
(4) reporting, corrective action, and tank closure procedures; and (5) finan-
cial responsibility for leaking tanks.
Utah
Chapter 217 (1987); U.C.A., 26-14-2 et seq.
Authorizes the Department of Health's Solid and Hazardous Wastes Committee
to establish an underground storage tank program in conformance with federal
regulations to achieve state primacy over program administration. The program
may include provisions requiring a tank owner or operator to provide informa-
tion, records, and access to inspect, monitor and test tanks for leaks. The
act assesses a tank registration fee to cover program administration costs.
REGION IX
Arizona
Chapter 230 (1986); A.R.S.A., 36-3301 et seq.
Requires the Director of the Department of Health Services to develop and
operate an underground storage tank program. The act stipulates that all
rules developed by the director must be approved by the U.S. Environmental
Protection Agency under Title VI of the federal Resource Conservation and
Recovery Act (RCRA) amendments of 1984.
The director must issue regulations relating to notification procedures
for new and existing tanks; leak detection and monitoring systems; reporting
and recordkeeping requirements; corrective action and tank closure procedures;
and rules for financial responsibility. The department also is empowered to
inspect and monitor any facility or its records where an underground storage
tank is located.
The statute sets interim standards until final regulations are promulgated
under RCRA for reporting leaking underground storage tanks to the department;
new tank construction and performance standards; and enforcement measures that
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include civil penalties. The act also preempts any local regulations pertain-
record°s 9 St°raQe UnkS a"d establishes confidentiality of business
California
Chapter 1228 (1985); A.C.C., Health and Safety, 25283, 25284.5, 25291, 25299.1
Sets a January 1, 1986 deadline for cities and local government agencies
to assume responsibility for implementing the state-mandated local underground
HP™ ? t3". T"11 Pr°gram- The act requires "l^al agencies to issue interim
permits to tank owners or operators if a final permit decision has not been
reached within 30 days after receipt of a permit application The local aaen
cy must approve an interim monitoring program by March 1, 1986 and the oiS
or operator must install the system within six months thereafter The legis-
lation also requires a local agency to issue a final permit by September 1,
Chapter 1535 (1985); A.C.C., Health and Safety, 25284.7, 25291
Authorizes specified underground storage tank owners and operators with
Ma cTl P1986 If^9 T^ Unk te,,St1ng t0 C°nduct 'nltlalTests be?
thl L + + • If 4th6 monitonn9 procedure is approved by the local aqencv
ifter th'
Chapter 935 (1986); A.C.C., Health and Safety, 25281 et seq.
cle orpatnn , i °n farms that store mot°r vehi-
than a 1 100 a9allnn r," -tPrimanli f0r a9n'cultura1 P^poses and have le s
aallnn r, -t ave e s
o mfth HPiClty ™? State re9u1ations. The act also establishes
1984 monitoring such tanks installed after January 1,
Chapter 1025 (1986); A.C.C., Health and Safety, 25281.5 et seq.
Requires the Water Resources Control Board to review existing regulations
h^PenS US6d in C0nne5tion with underground storage tanks by July 1 1987
board must rev
Th hn rage ans y uy
The board must revise the regulations by April 1 1988 and submit i
s^nda?dshefore9oiSnlatUreHby ^ ]» 1988« The act aliHandSe^SiL gn
ground storage Ss ** '" ^^ effective1^ detect leaks from unde?
Chapter 1317 (1987); A.C.C., Health and Safety, 25297.1
Requires the Water Resources Control- Board and the Department of Health
Services to develop and implement a pilot program for local agencies to abate
and clean up the effects of leaking underground storage tanks
Chapter 1372 (1987); A.C.C., Health and Safety, 25281 et seq.
Requires all underground storage tanks to undergo a "tank integrity test"
designed to detect leaks. The act further requires tests after January
Bofrri toTtbe Perfornled ^ tank Asters licensed by the Water Resources Contro
BI for tank testers and
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Hawali
Act 197 (1986); H.R.S., 342-61 et seq.
Requires the Department of Health to develop and operate an underground
storage tank program. The department must establish rules and regulations
regarding leak detection standards; reporting requirements once a leak has
been detected; corrective action measures, including the closing of tanks; and
recordkeeping procedures. The department also is authorized to inspect and
monitor any facility where an underground storage tank is located.
The act sets a timetable for the department to register all new and exist-
ing tanks. It also sets specific financial responsibility standards for tank
owners and mandates certain requirements of new tanks. The act further re-
quires all rules and regulations developed under the act to be in accordance
with applicable federal laws and regulations.
REGION X
Oregon
Chapter 737 (1985); O.R.S., 468.901 et seq.
Requires the Environmental Quality Commission to develop and administer an
underground storage tank program. The commission is authorized to establish
rules and regulations concerning leak detection standards, reporting require-
ments once a leak has been detected, corrective action measures, and financial
responsibility requirements. The Department of Environmental Quality is em-
powered to enter the premises containing an underground storage tank to in-
spect and require tank tests when necessary.
The act requires standards set under the act to be "established to gain
state authorization under the Resource Conservation and Recovery Act." The
legislation exempts farm or residential tanks storing less than 10,000 gallons
of motor fuel from the new requirements, however, which is above the 1,500
gallon threshold contained in RCRA. Finally, a revolving fund is set up to
defray state inspection expenses incurred under the act.
Chapter 539 (1987); O.R.S., 468.901 et seq.
Generally amends the state's underground storage tank enabling legislation
with prescribed language that mandates the development of a comprehensive
state program. The Environmental Quality Commission is directed to adopt a
statewide underground storage tank program that preempts all local government
tank standards. The act also requires all state rules and regulations to be
in conformance with federal standards adopted under Subtitle I of the Resource
Conservation and Recovery Act Amendments of 1984.
In developing the program, the act authorizes the commission to establish
standards relating to the design, construction and installation of tanks;
recordkeeping requirements; leak detection standards; corrective action
procedures once a leak is found, including the closure of tanks; and reporting
requirements.
The act amends the definition of an underground storage tank to comply
with federal law. It also establishes an annual fee; sets specific standards
for developing a permit system; establishes strict liability standards; and
requires tank owners to maintain financial responsibility. It creates an
Underground Storage Tank Insurance Fund to help meet the financial
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responsibility requirements. Financial responsibility rules must be reviewed
by the legislature before adoption.
The act also delineates procedural requirements for the cleanup of a site
contaminated by a leaking underground storage tank. It creates a separate
Leaking Underground Storage Tank Cleanup Fund to assist in defraying the costs
of cleanup efforts.
Washington
Chapter 289 (1986); not codified
Requires the Department of Ecology to submit a report to the legislature
describing and assessing the nature of the leaking underground storage tank
problem in the state by December 31, 1986. The report must include
information on the number and location of underground storage tanks in the
tn rnLtyPeS, °/ l^^l St°rued ™ ihe ^^'^ ***' s 12Q and materials used
Measuresfused- identified; and types of leak detection
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WATER USE MANAGEMENT
Three states enacted legislation in this category during the 1985-87 ses-
sions. Water use management is comparable to land use management in that the
activity causing pollution is regulated. For example, agricultural irrigation
can dissolve natural and man-made contaminants and leach them through the soil
into ground water; Nebraska's 1986 LB 894 attempts to resolve a nitrate prob-
lem by managing irrigation practices in critical areas. Unmanaged ground-
water withdrawals likewise can induce salt-water intrusion, especially in
coastal areas.
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Water Use Management Legislation
ft .£.»
States with Legislation
-------
REGION VI
Texas
Chapter 133 (1985); T.C.A., Water, 52.051 et seq.
Requires the Department of Water Resources to monitor the state's ground
water and to identify geographic areas where ground-water quantity or quality
problems exist or may occur. The department may recommend to the Texas Water
Commisssion the designation of critical ground-water areas based upon its
findings. After holding hearings, the commission may propose that a critical
area be formed and submit the question to a vote of the affected electorate.
REGION VII
Nebraska
LB 894 (1986); R.S.N,, 46-656 et seq.
Empowers the Department of Environmental Control to designate special
ground-water protection areas where irrigation practices are causing agricul-
tural chemicals to leach into ground water. Once designated, the local
natural resources district with jurisdiction must prepare a ground-water man-
agement plan (to be approved by the department) to prevent the nonpoint source
pollution. The plan may entail irrigation scheduling and timing of agricul-
tural chemical applications. If the local district does not prepare an ap-
proved plan, the department may enforce its own water use program.
REGION VIII
Montana
Chapter 189 (1985); M.C.A., 85-2-506 (2) (e)
Authorizes the Board of Natural Resources and Conservation to designate
controlled ground-water areas where ground-water use would be limited upon a
showing that excessive ground-water withdrawals would cause ground-water
contamination.
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APPENDIX:
LEGISLATIVE RESEARCH STAFFS
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REGION I
Connecticut
Office of Legislative Research
18-20 Trinity Street
Hartford, CT 06106
(203) 566-8400
Maine
Legislative Assistants Office
State House Station #13
Augusta, ME 04333
(207) 289-1670
New Hampshire
Office of Legislative Services
Rm. 110, State House
Concord, NH 03301
(603) 271-3326
Rhode Island
Legislative Council
Rm. 308, State House
Providence, RI 02903
(401) 277-3757
Vermont
Legislative Council
State House
Montpelier, VT 05602
(802) 828-2231
REGION II
New Jersey
Office of Legislative Services
State House Annex
Trenton, NJ 08625
(609) 292-4625
New York
Senate Research Service
90 South Swan Street
Albany, NY 12224
(518) 455-2166
Assembly Research Service
1118-A Twin Tower
99 Washington Street
Albany, NY 12210
(518) 455-3078
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REGION III
Del aware
Division of Research
Legislative Council
Legislative Hall
Dover, DE 19901
(302) 736-5805
Mary!and
Department of Legislative Reference
123 Legislative Services Building
Annapolis, MD 21401
(301) 841-3881
Pennsylvania
Legislative Office Research Liaison
Rm. 223, South Office Building
Harrisburg, PA 17120
(717) 787-8948
Virginia
Division of Legislative Services
P.O. Box 3-AG
Richmond, VA 23208
(804) 786-3591
West Virginia
Office of Legislative Services
Rm. E-132, State Capitol
Charleston, WV 25305
(304) 348-2040
REGION IV
Florida
Division of Statutory Revision
Joint Legislative Management Committee
Rm. 726, The Capitol
Tallahassee, FL 32301
(904) 488-8403
Kentucky
Research and Information
Legislative Research Commission
State Capitol
Frankfort, KY 40601
(502) 564-8100
Mississippi
Legislative Reference Bureau
P.O. Box 1018
Jackson, MS 39215
(601) 359-3135
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North Carolina
General Research Division
Legislative Services Office
545 Legislative Office Building
Raleigh, NC 27611
(919) 733-2578
South Carolina
Research Division
Legislative Council
P.O. Box 11417
Columbia, SC 29211
(803) 734-2145
REGION V
Illinois
Intergovernmental Cooperation Commission
707 Stratton' Building
Springfield, IL 62706
(217) 782-6924
Indiana
Office of Bill Drafting and Research
Legislative Services Agency
Rm. 302, State House
Indianapolis, IN 46204
(317) 232-9584
Minnesota
Senate Counsel and Research
123 State Capitol
St. Paul, MN 55155
(612) 296-0539
House Research Department
17 State Capitol
St. Paul, MN 55155
(612) 296-8291
Wisconsin
Legislative Council Staff
Rm. 147 N., State Capitol
Madison, WI 53702
(608) 266-1304
REGION VI
Louisiana
Senate Research Services
State Capitol
P.O. Box 94183
Baton Rouge, LA 70804
(504) 342-2040
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House Legislative Services
State Capitol
P.O. Box 44486
Baton Rouge, LA 70804
(504) 342-2040
New Mexico
Legislative Council Service
Rm. 334, State Capitol
Santa Fe, NM 87503
(505) 984-9600
Texas
Research Division
Texas Legislative Council
P.O. Box 12128
Austin, TX 78711
(512) 475-2736
REGION VII
Iowa
Legislative Service Bureau
State Capitol
Des Moines, IA 50319
(515) 281-3566
Kansas
Legislative Research Department
Rm. 545-N., State House
Topeka, KS 66612
(913) 296-3181
Nebraska
Legislative Research Office
Legislative Council
7th Floor, State Capitol
Lincoln, NE 68509
(402) 471-2221
REGION VIII
Colorado
Legislative Council
Rm. 029, State Capitol
Denver, CO 80203
(303) 866-3521
Montana
Legislative Council
Rm. 138, State Capitol
Helena, MT 59620
(406) 444-3064
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North Dakota
Legislative Council
State Capitol
Bismarck, ND 58505
(701) 224-2916
South Dakota
Legislative Research Council
500 E. Capitol
Pierre, SD 57501
(605) 773-3251
Utah
Office of Legislative Research
and General Counsel
Rm. 436, State Capitol
Salt Lake City, UT 84114
(801) 533-5481
REGION IX
Arizona
Legislative Council
Suite 100, Legislative Services Wing
State Capitol
Phoenix, AZ 85007
(602) 255-4236
Cali fornia
Senate Office of Research
Rm. 650, 1100 J Street
Sacramento, CA 95814
(916) 445-1727
Assembly Office of Research
Rm. 535, 1100 J Street
Sacramento, CA 95814
(916) 445-1638
Hawaii
Legislative Reference Bureau
Rm. 004, State Capitol
Honolulu, HI 96813
(808) 548-6237
REGION X
Oregon
Legislative Administration Committee
State Capitol Building
Salem, OR 97310
(503) 378-8871
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Washington
Senate Committee Services
101 Public Lands Building
Olympia, WA 98504
(206) 786-7401
Office of Program Research
House of Representatives
Legislative Building
Olympia, WA 98504
(206) 753-7750
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