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 ------- ------- 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. ------- 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 ------- 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 ------- 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. - 2 - ------- PART ONE: COMPARISON OF STATE LEGISLATION, 1985 - 3 - ------- 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. - 5 - ------- • 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. - 6 - ------- 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 - 7 - ------- 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 - 8 - ------- 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 - 9 - ------- 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 - 10 - ------- 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 - 11 - ------- 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 - 12 - ------- PART TWO: SUMMARIES OF LEGISLATION BY STATE, 1985 - 13 - ------- 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. - 15 - ------- 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 - 16 - ------- 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 - 17 - ------- 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. - 18 - ------- 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 - 19 - ------- 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. - 20 - ------- 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 - 21 - ------- 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. - 22 - ------- 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. - 23 - ------- 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, - 24 - ------- 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. - 25 - ------- 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. - 26 - ------- 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.) - 27 - ------- 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. - 28 - ------- 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. - 29 - ------- 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. - 30 - ------- 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 - 31 - ------- 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 - 32 - ------- 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). - 33 - ------- 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 - 34 - ------- 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. - 35 - ------- PART THREE SUMMARIES OF LEGISLATION BY CATEGORY, 1985 - 37 - ------- 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. - 39 - ------- 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 - ------- 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- - 41 - ------- 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. - 42 - ------- 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. - 43 - ------- 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. - 44 - ------- 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. - 45 - ------- 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. - 46 - ------- 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. - 47 - ------- 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. - 48 - ------- 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. - 49 - ------- 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. - 50 - ------- 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. - 51 - ------- 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.) - 52 - ------- 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. - 53 - ------- 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). - 54 - ------- 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. - 55 - ------- 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. - 56 - ------- 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 - 57 - ------- 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. - 58 - ------- 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) - 59 - ------- 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. - 60 - ------- 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. - 61 - ------- 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. - 62 - ------- APPENDIX: LEGISLATIVE RESEARCH STAFFS - 63 - ------- 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 - 65 - ------- 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 - ------- 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 - 67 - ------- 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 - ------- 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 ------- |