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.
                                    - 111 -

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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
                                      - v -

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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
                                    - ix -

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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
                                   - x -

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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.
                                   - 2 -

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               PART ONE:



COMPARISON OF STATE LEGISLATION, 1985-87
                   - 3  -

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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.
                                     -  5 -

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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
                                    -  6  -

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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
                  - 11 -

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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
                                    -  13 -

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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


                                    - 15 -

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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


                                    - 17 -

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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
                                    - 24 -

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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.
                                     -  25 -

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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
                                    - 26 -

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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


                                     -  27  -

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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
                                    - 28 -

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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.
                                     - 29 -

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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.
                                    -  30

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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.
                                     - 31  -

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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

                                 - 32 -

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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.


                                     -  33  -

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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.

                                   - 34 -

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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.
                                     -  35 -

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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
                                    - 36  -

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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.
                                     - 37 -

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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
                     - 38 -

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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
                                     -  39  -

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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
- 40 -

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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


                                    - 41 -

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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
                                    - 44  -

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                  PART III:



SUMMARIES OF LEGISLATION BY CATEGORY, 1985-87

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                             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.
                                    - 47 -

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Statewide  Strategies Legislation
                    States with Legislation

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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.
                                    -  49  -

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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
                                    - 50 -

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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
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 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.
                                    -  52 -

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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
                                   - 53 -

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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.
                                   - 54 -

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Ground-Water Classification Legislation
                        States with Legislation

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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.
                                    -  56  -

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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.
                                     - 57 -

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Standard Setting  Legislation
                  States with Legislation

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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.
                                    - 59 -

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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
                                   - 60 -

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Land Use Management Legislation
                     States with Legislation

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 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
                                    -  62 -

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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.
                                      -  63  -

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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.
                                     - 64  -

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Ground-Water Funds Legislation
                   States with Legislation

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 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.
                                   - 66 -

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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.
                                    - 67 -

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Agricultural Chemicals Legislation
                     States with Legislation

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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."
                                    - 69 -

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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


                                     - 70  -

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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.
                                    - 71 -

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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


                                     -  72  -

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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.
                                    - 73 -

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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.
                                    -  74 -

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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.
                                     - 75 -

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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.
                                    -  76 -

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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.
                                   - 77 -

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Underground Storage Tank Legislation
                      States with Legislation

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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.
                                     -  79  -

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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.
                                    - 80 -

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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.
                                    - 81 -

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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


                                    - 82  -

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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.


                                     - 83 -

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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.
                                    - 84 -

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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).


                                    - 85 -

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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


                                    - 86 -

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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


                                    - 87  -

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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
                                    -  88  -

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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


                                    -  89 -

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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
                                   - 90 -

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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.
                                    - 91 -

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  Water Use Management Legislation
ft .£.»
                      States with Legislation

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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.
                                     -  93 -

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         APPENDIX:
LEGISLATIVE RESEARCH STAFFS
           -  95 -

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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
                                    -  97  -

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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
                                     - 98  -

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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
                                    - 99 -

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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
                                    -  100  -

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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
                                   - 101 -

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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
                                    - 102 -

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