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
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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
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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
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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
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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
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