813R85101
                                              f-:[':10N V
    SURVEY  OF STATE GROUND-WATER

QUALITY PROTECTION LEGISLATION, 1985
U.S.  Environmental Protection Agency
 Office of Ground-Water Protection
       Washington,  DC  20460
   U.S. Environmental Protection Agency
   Region 5, Library (PL-12J)
   77 West Jackson Boulevard. 12th FJoor
   Chicago, IL 60604-3590
            March 1987

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                              ACKNOWLEDGMENTS

    This report was  prepared by the  National  Conference of  State Legisla-
tures (NCSL) under grant number 813346-01-0  from  the  Office of Ground-Water
Protection  (OGWP), U.S.  Environmental Protection Agency  (EPA),  Washington,
DC.  Larry  Morandi  and  Paul  Doyle were NCSL  project staff.  Saul  Rosoff,
senior advisor in the OGWP, coordinated the project for EPA.

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                              TABLE OF CONTENTS


INTRODUCTION                                                         1

PART ONE:
COMPARISON OF STATE LEGISLATION, 1985                                3

PART TWO:
SUMMARIES OF LEGISLATION BY STATE,  1985                             13

    Region I                                               15

    Region III                                             21

    Region IV                                              23

    Region V                                               24

    Region VI                                              26

    Region VII                                             27

    Region VIII                                            29

    Region IX                                              31

    Region X                                               34

PART THREE:
SUMMARIES OF LEGISLATION BY CATEGORY, 1985                          37

    Statewide Strategies                                   39

    Aquifer Classification                                 43

    Standard Setting                                       44

    Land Use Management                                    45

    Ground-Water Funds                                     47

    Agricultural Chemicals                                 48

    Underground Storage Tanks                              55

    Water Use Management                                   62

APPENDIX:
LEGISLATIVE RESEARCH STAFFS                                         63

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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 will  be  required.  Legislative in-
volvement is essential  if  the  necessary political will, management authority,
and  funding  to  support   program  development  and   implementation is  to  be
assured.
    In order to provide information  that may  assist states  in considering ap-
propriate policies,  this report surveys state legislation designed to protect
ground-water quality enacted in 1985  (the first  full year of legislative ses-
sions following publication of EPA's Ground-Water Protection Strategy).   Eight
major categories of  legislation are summarized:  statewide strategies, aquifer
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

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issues contained in EPA's Ground-Water Protection Strategy.   The final catego-
ry represents a recognition that unmanaged water  use  can  affect water quality
by dissolving and transporting pollutants  into  aquifers  or  inducing saltwater
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  1985  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 England
states (Region  I)  appearing first.

    Not all  states  adopted legislation in  1985 pertaining  to  the  eight  cat-
egories selected (neither Region II  state, New  Jersey and New  York,  for exam-
ple,  are  represented).   Additionally,  not every  bill passed  in each category
is summarized;  for  inclusion  in the  survey, the intent clearly must have been
to protect ground-water quality.  For  each  bill  enacted,  the  1985 session law
number  (act  or  chapter)  and the citation as codified in  the  state's statutes
are  provided.   The report  concludes  with  an  appendix  listing  the  relevant
state  legislative  staff from whom  additional  information  on  the legislation
enacted may be  obtained.
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              PART ONE:
COMPARISON OF STATE LEGISLATION, 1985
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    This section  compares state  ground-water  quality protection  legislation
enacted in 1985 by category of legislation in a matrix format.   The eight cat-
egories are  statewide strategies,  aquifer  classification,  standard  setting,
land use management,  ground-water funds, agricultural chemicals,  underground
storage tanks, and water  use management.  The  configuration  N/A is used where
no legislation has been adopted that fits into one of these categories.

    The eight major categories of legislation are defined as follows:
    •    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 aquifer classification,  standard
setting, land use management, or other options described in this report.
    •    Aquifer  Classification:    identifying  and  categorizing  aquifers  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.
    •    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 an aquifer
established by a classification system.
    •    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.
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    •    Ground-Water Funds:   specific  financial  accounts  established  solely
for the  purpose  of protecting ground-water  quality.   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.
    •    Agricultural Chemicals:  regulation  of the use,  sale,  labeling,  and
disposal of pesticides,  herbicides,  and fertilizers.
    •    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.
    •    Water Use  Management:   including ground-water  quality  protection  in
the  criteria  used  to justify  more  stringent  water  allocation  measures  in
designated critical areas.

    During the 1985 legislative sessions, 24 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--5;  aquifer   classification--2;   standard  setting--2;  land  use
management--4; ground-water  funds--2;  agricultural  chemicals--14;  underground
storage  tanks--ll;  and water use management--2.  Summaries of these bills by
state and  by  category are contained  in parts two and three,  respectively,  of
this report.
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Region I
  Connecticut
  Maine
  Massachusetts
  New Hampshire
  Rhode Island
  Vermont
Region II
  New Jersey
  New York
Region III
  Del aware
  Maryland
  Pennsylvania
  Virginia
  West Virginia
Region IV
  Alabama
  Florida
  Georgia
  Kentucky
  Mississippi
  North Carolina
  South Carolina
  Tennessee
                    COMPARISON OF STATE LEGISLATION.  1985
                   Statewide         Aquifer           Standard    Land Use
                   Strategies     Classification       Setting    Management
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Region V
  Illinois
  Indiana
  Michigan
  Minnesota
  Ohio
  Wisconsin
Region VI
  Arkansas
  Louisiana
  New Mexico
  Oklahoma
  Texas
Region VII
  Iowa
  Kansas
  Missouri
  Nebraska
Region VIII
  Colorado
  Montana
  North Dakota
  South Dakota
  Utah
  Wyoming
                    COMPARISON OF STATE LEGISLATION. 1985
                   Statewide         Aquifer          Standard     Land Use
                   Strategies     Classification      Setting     Management
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Region IX
  Arizona
  California
  Hawaii
  Nevada
Region X
  Alaska
  Idaho
  Oregon
  Washington
                    COMPARISON OF STATE LEGISLATION. 1985
                   Statewide         Aquifer          Standard     Land Use
                   Strategies     Classification      Setting     Management
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                    COMPARISON OF STATE LEGISLATION. 1985
              Ground-Water    Agricultural    Underground     Water Use
                 Funds         Chemicals    Storage Tanks    Management  N/A
Region I
  Connecticut
  Maine
  Massachusetts _
  New Hampshire
  Rhode Island
  Vermont
Region II
  New Jersey
  New York
Region III
  Del aware
  Maryland
  Pennsylvania
  Virginia
  West Virginia _
Region IV
  Alabama
  Florida
  Georgia
  Kentucky
  Mississippi
  North Carolina
  South Carolina
  Tennessee
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      COMPARISON OF STATE LEGISLATION. 1985
Ground-Water    Agricultural    Underground     Water Use
   Funds         Chemicals    Storage Tanks    Management  N/A
Region V
Illinois X
Indiana
Michigan

X
X
Minnesota X
Ohio
X
Wisconsin X
Region VI
Arkansas
X
Louisiana X X
New Mexico
Oklahoma
Texas
Region VII
Iowa X X
X
X
X

Kansas X
Missouri
Nebraska
Region VIII
Colorado
Montana X
X
X
X
X
North Dakota X
South Dakota X X
Utah
Wyoming
X
X
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Region IX
  Arizona
  California
  Hawai i
  Nevada
Region X
  Alaska
  Idaho
  Oregon
  Washington
                    COMPARISON OF STATE LEGISLATION. 1985
              Ground-Water    Agricultural    Underground      Water  Use
                 Funds         Chemicals    Storage  Tanks     Management  N/A
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               PART TWO:



SUMMARIES OF LEGISLATION BY STATE, 1985
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                                   REGION I

CONNECTICUT
Statewide Strategies
Special Act 85-84 (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 (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 (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 applicators—principally farmers—to
maintain records of restricted pesticide use.

MAINE
Agricultural Chemicals
Chapter 465 (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.
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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 (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.

NEW HAMPSHIRE
Agricultural Chemicals
Chapter 375 (N.H.R.S.A., 430:28 et  seq.)
    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
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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."

RHODE ISLAND
Statewide Strategies
Chapter 494 (G.L.R.I., 46-13.1-1 et seq.)
    Requires the Director of Environmental Management to classify all aquifers
according to the following  system:   (1)  Class  GAA--suitable for  public drink-
ing water without treatment;  (2) Class GA--may  be suitable for public or pri-
vate 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
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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.

Agricultural Chemicals
Chapter 260 (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."
    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 (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  aquifers by use; and  (d) adoption
of criteria and standards to manage activities that may affect such  uses.
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    The classification system consists of  four  groups:   (1)  Class I—suitable
for public  water supply  and  currently not exposed  to  activities that  might
affect its classification; (2) Class  Il — suitable 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 an  aquifer  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
aquifers.

Agricultural Chemicals
Act 72 (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 (V.S.A., 10-1921 et seq.)
    Requires the Secretary of Environmental Conservation to develop  and  oper-
ate an underground  storage  tank  program.   The standards developed by  the
secretary must  be consistent with,  or more stringent than,  federal regulations
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promulgated under Title  VI  of the federal Resource  Conservation and Recovery
Act amendments of 1984.
    Underground storage  tanks are classified  into two categories:   (1)  fuel
oil storage tanks used for  on-premises  heating purposes,  and farm or residen-
tial tanks used for storing motor fuel; and (2) all other types of underground
storage tanks (referred to as Category 1 tanks).
    All underground  storage tank owners must  notify the agency  of  the exis-
tence and location of each  tank.  The  agency must  issue five-year permits for
Category  1  tanks  specifying  proper  underground tank design  and installation
standards;  leak detection,  monitoring, and  reporting  procedures;  financial
responsibility  requirements;  and corrective action  and  tank closure methods.
Similar but  separate standards are to  be  established  for the remaining tanks
that reflect their unique use  in homes and farms.
    The secretary is authorized  to  inspect and require tank tests when neces-
sary.  Civil and criminal penalties are provided for violations  of the  act.
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                                  REGION III

DELAWARE
Underground Storage Tanks
Chapter 161 (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.
MARYLAND
Statewide Strategies
Joint Resolution No. 5 (not codified)
    Requires the Department of Health and  Mental Hygiene, in cooperation with
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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
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 (A.C.N., 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.
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                                   REGION IV

FLORIDA
Land Use Management
Chapter 85-42 (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.

NORTH CAROLINA
Underground Storage Tanks
Chapter 551 (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.
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                                   REGION V

ILLINOIS
Agricultural Chemicals
Public Act 84-153 (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 (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
Land Use Management
Chapter 236 (M.S., 112.36 (2) (14))
    Authorizes watershed  districts to  be  formed for  the purpose of protecting
ground-water quality.
Underground Storage Tanks
Chapter 13, Sections 235-239, First Special Session  (M.S., 116.46 et seq.)
    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,
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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.

WISCONSIN
Ground-Water Funds
Act 85-22 (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.
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                                   REGION VI
LOUISIANA
Agricultural Chemicals
Act 167 (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.

Underground Storage Tanks
Act 493 (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.

TEXAS
Water Use Management
Chapter 133 (T.C.A., Water, 52.051 et seq.)
    Requires the Department  of Water Resources to  monitor the state's ground
water and to identify  geographic areas  where ground-water quantity or quality
problems exist or may  occur.   The department may  recommend to the Texas Water
Commisssion  the designation  of  critical  ground-water  areas  based  upon its
findings.  After holding hearings,  the  commission may  propose that a critical
area be formed and submit the question to  a vote  of the  affected electorate.
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                                  REGION VII
IOWA
Ground-Hater Funds
Chapter 241 (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 (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 1s
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 1s located.
KANSAS
Agricultural Chemicals
Chapter 5 (K.S.A.,  2-3301 et seq.)
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    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 (K.S.A., 2-2438a)
    Requires  pesticide  dealers  to   register  with  the   State   Board  of
Agriculture.
Chapter 13 (K.S.A.,  2-2440)
    Removes the exemption from licensing requirements for pesticide businesses
that apply general use  pesticides to agricultural land.
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                                  REGION VIII

MONTANA
Underground Storage Tanks
Chapter 633 (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.

Mater Use Management
Chapter 189 (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 (N.D.C.C., 4-35-12.1, 4-35-21.1)
    Requires a person alleging damage to his property from another's pesticide
application to  submit  a loss report  to the Commissioner of Agriculture  as a
condition for  bringing  a civil  action against the  pesticide applicator.   Em-
powers the commissioner to stop the sale of any pesticide sold in violation of
this chapter.
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SOUTH DAKOTA
Agricultural Chemicals
Chapter 377 (S.D.C.L.A., 38-21-27)
    Requires the licensing of aerial pesticide applicators by the Secretary of
Agriculture.
Underground Storage Tanks
Chapter 284 (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.
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                                   REGION IX

ARIZONA
Agricultural Chemicals
Chapter 368 (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.

CALIFORNIA
Agricultural Chemicals
Chapter 1298 (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
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has contaminated ground water must be canceled unless the  director finds that
the  health   effects  are  not   carcinogenic,   mutagenic,   teratogenic,   or
neurotoxic.

Underground Storage Tanks
Chapter 1228 (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
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 legis-
lation  also  requires a local  agency to  issue  a  final   permit  by  September 1,
1986.

Chapter 1535 (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.

HAWAII
Agricultural Chemicals
Act 127 (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
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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 (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).
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                                   REGION X
OREGON
Underground Storage Tanks
Chapter 737 (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.
WASHINGTON
Statewide Strategies
Chapter 453 (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
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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 (R.C.U., 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 (R.C.W., 36.36.010 et seq.)
    Authorizes a county to create aquifer protection areas to finance the pro-
tection, preservation,  and rehabilitation  of ground water.   In  establishing
such areas,  the county's  legislative body  must  submit  the  question  to  the
electorate for  approval.   If approved, the county may  impose  fees  on ground-
water withdrawals and onsite sewage disposal systems to be used for the prepa-
ration of comprehensive plans  and  the construction of ground-water protection
facilities.
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                PART THREE
SUMMARIES OF LEGISLATION BY CATEGORY, 1985
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                             STATEWIDE STRATEGIES

    Five states—Connecticut,  Rhode Island,  Vermont,  Maryland, and  Washing-
ton—enacted legislation in this category during 1985.  Two  of  those  states--
Rhode  Island  and  Vermont--incorporated  aquifer classification and  standard
setting provisions in their legislation.  Connecticut and Maryland  set  up ex-
ecutive agency studies to determine the most  appropriate  ground-water protec-
tion approach  for the  state  with  a  requirement that  the  agency  report  its
findings and recommendations to the legislature  for  action.   Washington adop-
ted a critical areas approach that  would integrate state  and local  government
in the development and implementation  of a  comprehensive state program.

REGION I
Connecticut
Special Act 85-84 (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.
Rhode Island
Chapter 494 (G.L.R.I., 46-13.1-1 et seq.)
    Requires the Director of Environmental  Management to classify all  aquifers
according to the following system:  (1) Class  GAA--suitable  for public  drink-
ing water without treatment; (2) Class GA--may be suitable for  public or pri-
vate 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.
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    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 (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 aquifers  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  II--suitable  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
                                    - 40 -

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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 an  aquifer 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
aquifers.
REGION III
Mary!and
Joint Resolution No. 5 (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
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.
REGION X
Washington
Chapter 453 (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-
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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.
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                            AQUIFER CLASSIFICATION
    Two states—Rhode Island and Vermont--enacted legislation in this category
during  1985.   The  legislation  requires  an  executive  agency  to  classify
aquifers by present and future  water use in order  to  accord  protection  suffi-
cient to maintain  such  use.   Water quality standards and land  use  regulation
typically are utilized to protect the designated uses of classified  aquifers.

REGION I
Rhode Island
Chapter 494 (G.L.R.I., 46-13.1-1 et seq.)
    See summary under Statewide Strategies.
Vermont
Act 53 (V.S.A., 48-1390 et seq.)
    See summary under Statewide Strategies.
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                               STANDARD SETTING
    Two states—Rhode Island and Vermont--enacted  legislation  in  this  category
during  1985.   The  legislation  requires the  establishment of  water quality
standards--threshold  levels  beyond  which  contamination  of  an  aquifer  will
occur—as the  basis for  regulation  of point  and nonpoint source  discharges
into classified aquifers.   If  the  standards  for  a particular contaminant are
breached, the  pollution  source  may be required to alter  or curtail  its  dis-
charge activities.

REGION I
Rhode Island
Chapter 494 (G.L.R.I.. 46-13.1-1 et seq.)
    See summary under Statewide Strategies.

Vermont
Act 53 (V.S.A., 48-1390 et seq.)
    See summary under Statewide Strategies.
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                              LAND USE MANAGEMENT

    Four  states—Connecticut,  Florida,  Minnesota,  and  Washington—enacted
legislation  in  this  category during  1985.  Land use  management  generally en-
tails 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 con-
trol the density of development,  or  the  employment of best management  prac-
tices aimed  at specific land disturbing practices.

REGION I
Connecticut
Public Act 85-279 (G.S.C., 8-2, 8-23)
    Requires  local development  plans  and  zoning regulations to  consider pro-
tection of underground drinking water  supplies.

REGION IV
Florida
Chapter 85-42 (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 (M.S., 112.36 (2) (14))
    Authorizes watershed districts to  be  formed for the purpose  of  protecting
ground-water quality.
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REGION X
Washington
Chapter 98 (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 (R.C.W., 36.36.010 et seq.)
    Authorizes a county to create aquifer protection areas to finance the pro-
tection,  preservation,  and rehabilitation  of  ground water.   In  establishing
such  areas,  the county's  legislative body  must submit  the question  to  the
electorate for  approval.   If approved, the county may  impose fees on ground-
water withdrawals and onsite sewage disposal systems to be used for the prepa-
ration of comprehensive  plans  and the construction of ground-water protection
facilities.
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                              GROUND-WATER FUNDS

    Two  states—Wisconsin  and  Iowa--enacted   legislation  in  this  category
during 1985  (funds designed specifically  to  address pesticide  pollution  are
not included  in  this  category; they are described  in the  Agricultural  Chemi-
cals  section).   Ground-water  funds  primarily  are  designed  to  finance  the
cleanup of ground-water  contamination or the provision of alternate  drinking
water supplies necessitated by pollution.  They also may be used to defray the
costs of developing or implementing a ground-water protection program.

REGION V
Wisconsin
Act 85-22 (U.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.

REGION VII
Iowa
Chapter 241 (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.
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                            AGRICULTURAL CHEMICALS

    Fourteen states—Connecticut,  Maine, New Hampshire,  Rhode Island,  Vermont,
Maryland, Illinois,  Louisiana,  Kansas,  North  Dakota,  South Dakota,  Arizona,
California,  and Hawaii--enacted legislation in this category during  1985.   The
legislation   included  establishing  registration,  licensing,  and  permitting
standards for  pesticide  applicators;  granting  the  necessary  administrative
authority to  an  appropriate state  agency;  and  regulating the  presence  of
agricultural chemicals in ground water.
REGION I
Connecticut
Public Act 85-273 (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 applicators—principally farmers—to
maintain records of restricted pesticide use.

Maine
Chapter 465 (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.
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New Hampshire
Chapter 375 (N.H.R.S.A., 430:28 et seq.)
    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."

Rhode Island
Chapter 260 (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.
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Vermont
Act 72 (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
Haryland
Chapter 36 (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.
REGION V
Illinois
Public Act 84-153 (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 (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.
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REGION VI
Louisiana
Act 167 (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.

REGION VII
Kansas
Chapter 5 (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  (K.S.A., 2-2438a)
    Requires  pesticide   dealers  to   register   with  the   State   Board  of
Agriculture.
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Chapter 13 (K.S.A., 2-2440)
    Removes the exemption from licensing requirements for pesticide businesses
that apply general use pesticides to agricultural land.
REGION VIII
North Dakota
Chapter 103 (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.

South Dakota
Chapter 377 (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 (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.

California
Chapter 1298 (A.C.C., Food and Agriculture, 13141 et seq.)
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    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.
Hawaii
Act 127 (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.
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Act 131 (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).
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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  pro-
grams by  establishing  state  standards that are  at  least as stringent  as  the
federal regulations.   State  programs must  include  the minimum  federal  stan-
dards for notification procedures, leak detection systems, record maintenance,
release reporting,  corrective  action,  tank closure, financial  responsibility
standards, and new tank performance standards.
    Eleven states—Maine, Vermont, Delaware, North  Carolina, Minnesota,  Loui-
siana,  Iowa,  Montana, South  Dakota, California,  and  Oregon--enacted  under-
ground  storage  tank  legislation  in  1985.  All  but  two  of  those  states--
Louisiana and California--established new  state programs  covering  most  of the
federal requirements.   To  ensure  state  primacy,  legislation  in four  of  the
states—Vermont, North  Carolina,  Iowa,  and  Oregon—specifies  that the  state
program must be at least as stringent as the federal regulations.

REGION I
Maine
Chapter 496 (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.
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    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.

Vermont
Act 66 (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.
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    The secretary is authorized to  inspect  and  require  tank tests when neces-
sary.  Civil and criminal penalties are provided for violations of the act.
REGION III
Del aware
Chapter 161 (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.
REGION IV
North Carolina
Chapter 551 (G.S.N.C.,  143-215.3, 143B-222)
    Empowers the Environmental  Management Commission to  develop an underground
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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
Minnesota
Chapter 13, Sections 235-239, First Special Session (M.S., 116.46 et seq.)
    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.

REGION VI
Louisiana
Act 493  (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.
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REGION VII
Iowa
Chapter 162 (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.

REGION VIII
Montana
Chapter 633 (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.

South Dakota
Chapter 284 (S.D.C.L.A., 34A-2-98,  34A-2-99)
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    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.

REGION IX
California
Chapter 1228 (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
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 legis-
lation also requires a local agency to issue a final  permit  by September 1,
1986.

Chapter 1535 (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.
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REGION X
Oregon
Chapter 737 (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.
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                             WATER USE MANAGEMENT
    Two states—Texas and Montana--enacted legislation  in this  category during
1985.  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.  Unmanaged  ground-water withdrawals  likewise can  induce
salt water intrusion, especially in coastal areas.

REGION VI
Texas
Chapter 133 (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 VIII
Montana
Chapter 189 (M.C.A.,  85-2-506 (2)  (e))
    Authorizes the Board of  Natural  Resources and Conservation  to designate
controlled ground-water  areas where  ground-water use would  be  limited upon  a
showing  that  excessive  ground-water withdrawals  would  cause  ground-water
contamination.
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         APPENDIX:



LEGISLATIVE RESEARCH STAFFS
          - 63 -

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REGION I

Connecticut
  L. Allan Green
  Director
  Office of Legislative Research
  18-20 Trinity Street
  Hartford, CT 06106
  (203) 566-8400

Maine
  Helen T. Ginder
  Director
  Legislative Assistants Office
  State House Station #13
  Augusta, ME 04333
  (207) 289-1670

New Hampshire
  Lynne M. Dennis
  Director
  Office of Legislative Services
  Rm. 110, State House
  Concord, NH 03301
  (603) 271-3326

Rhode Island
  Angelo A. Mosca, Jr.
  Director
  Legislative Council
  Rm. 308, State House
  Providence, RI 02903
  (401) 277-3757

Vermont
  William Russell
  Legislative Council
  State House
  Montpelier, VT 05602
  (802) 828-2231
REGION III

Del aware
  McDonald T. Coker
  Assistant Director
  Division of Research
  Legislative Council
  Legislative Hall
  Dover,  DE 19901
  (302) 736-5805
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Maryland
  F. Carvel Payne
  Director
  Department of Legislative Reference
  123 Legislative Services Building
  Annapolis, MD 21401
  (301) 841-3881
REGION IV

Florida
  John Obarski
  Director
  Division of Statutory Revision
  Joint Legislative Management Committee
  Rm. 726, The Capitol
  Tallahassee, FL 32301
  (904) 488-8403

North Carolina
  Terrence D. Sullivan
  Director
  General Research Division
  Legislative Services Office
  545 Legislative Office Building
  Raleigh, NC 27611
  (919) 733-2578
REGION V

Illinois
  John N. Lattimer
  Director
  Intergovernmental Cooperation Commission
  707 Stratton Building
  Springfield, IL 62706
  (217) 782-6924

Minnesota
  John E. Post
  Director
  Senate Counsel and Research
  123 State Capitol
  St. Paul, MN 55155
  (612) 296-0539

  Carole Pagones
  Director
  House Research Department
  17 State Capitol
  St. Paul, MN 55155
  (612) 296-8291
                                    - 66 -

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Wisconsin
  Bonnie Reese
  Executive Secretary
  Legislative Council Staff
  Rm. 147 N., State Capitol
  Madison, WI 53702
  (608) 266-1304

REGION VI

Louisiana
  Jerry J. Guillot
  Administrator
  Senate Research Services
  State Capitol
  P.O. Box 94183
  Baton Rouge, LA 70804
  (504) 342-2040

  Carl D. Frantz
  Executive Director
  House Legislative Services
  State Capitol
  P.O. Box 44486
  Baton Rouge, LA  70804
  (504) 342-2040

Texas
  Robert Taylor
  Director
  Research Division
  Texas Legislative Council
  P.O. Box 12128
  Austin, TX 78711
  (512) 475-2736

REGION VII

Iowa
  Donovan Peeters
  Director
  Legislative Service Bureau
  State Capitol
  Des Moines, IA 50319
  (515) 281-3566

Kansas
  Richard Ryan
  Director
  Legislative Research Department
  Rm. 545-N., State House
  Topeka,  KS 66612
  (913)  296-3181
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REGION VIII

Montana
  Bob Person
  Executive Director
  Legislative Council
  Rm. 138, State Capitol
  Helena, MT 59620
  (406) 444-3064

North Dakota
  John D. Olsrud
  Director
  Legislative Council
  State Capitol
  Bismarck, ND 58505
  (701) 224-2916

South Dakota
  Terry C. Anderson
  Director
  Legislative Research Council
  500 E. Capitol
  Pierre, SD 57501
  (605) 773-3251
REGION IX

Arizona
  Greg Jernigan
  Director
  Legislative Council
  Suite 100, Legislative Services Wing
  State Capitol
  Phoenix, AZ 85007
  (602) 255-4236

California
  Elisabeth Kersten
  Director
  Senate Office of Research
  Rm. 650, 1100 J Street
  Sacramento, CA 95814
  (916) 445-1727

  Arthur Bolton
  Director
  Assembly Office of Research
  Rm. 535, 1100 J Street
  Sacramento, CA 95814
  (916) 445-1638
                                     - 68  -

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Hawaii
  Samuel B.K. Chang
  Director
  Legislative Reference  Bureau
  Rm. 004, State Capitol
  Honolulu, HI 96813
  (808) 548-6237

REGION X

Oregon
  Ken Elverum
  Director
  Legislative Research Office
  S420 State Capitol Building
  Salem, OR 97310
  (503) 378-8871

Washington
  Ed Seeberger
  Director
  Senate Committee Services
  101 Public Lands Building
  Olympia, WA 98504
  (206) 786-7401

  Dennis Karras
  Director
  Office of Program Research
  House of Representatives
  Legislative Building
  Olympia, WA 98504
  (206) 753-7750
                                    - 69  -

  tUS GOVERNMENT PRINTING OFFICE 1987—7 16-002  60611

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