U.S. DEPARTMENT OF COMMERCE
                                  National Technical Information Service

                                  PB-257 808
A Manual of Laws, Regulations,
and Institutions  for  Control of
Ground Water  Pollution

National Water  Well Association, Worthington, Ohio
Prepared for

Environmental Protection Agency, Washington, D C State Planning Div

Jun 76

-------
EPA-440/9-76-006
         A MANUAL OF LA WS,
  REGULATIONS, AND INSTITUTIONS
                    ^
          FOR CONTROL OF
     GROUND WATER POLLUTION
               JUNE 1976
             FINAL REPORT
        U.S. ENVIRONMENTAL PROTECTION AGENCY
            WASHINGTON, D.C. 20460

-------
                                  TECHNICAL REPORT DATA
                           •(Please read Instructions cm the reverse before com/tic ting)
, REPORT NO.
TTA-14 0/9-76-006	
""TITLE AND'S'UI'ITITLE
A Manual of Lows Regulations and Institutions for  the
Control of Ground Water  Pollution
. AUTHOR(S)
The Model Law Task Force Committee of the National
Water Well Association
. PERFORMING ORGANIZATION NAME AND ADDRESS
The Model Lw Task Force Commitcc of the National
Water Well Association
 500 West Wilson Bridge  Road
Worthinpton, Ohio  43085
12. SPONSORING AGENCY NAME AND ADDRESS
 State Programs  Div.
 U.S. Environmental Protection Agency
 401 M Street, SW
 Washington, D.C.  20460
                                                          3. RECIPIENT'S ACCESSION-NO.  .
             5. REPORT DATE

              May.  1076
             6. PERFORMING ORGANIZATION CODE
                                                          8. PERFORMING ORGANIZATION REPORT NO
                                                          10. PROGRAM ELEMENT NO.
             11. CONTRACT/GRANT NO.

               68-01-2938
             13. TYPE OF REPORT AND PERIOD COVERED
               Final
             14. SPONSORING AGENCY CODE


               EPA/OWIIM
15. SUPPLEMENTARY NOTES
16. ABSTRACT
    Ground water  is  a natural resource that can be expected to become increasingly
 valuable as a water source.   Unattended, it may become extensively polluted,  resulting
 in great loss of value.   The manual covers ground water pollution problems  broadly
 and is  intended  for use  by the .layman or by a State agency interested .in  examining
 State laws and regulations affecting this resource.   The manual describes ground
 water resources  and sources of pollution, then surveys existing regulations that
 affect ground water quality.  Suggestions for ground water pollution control are
 supplied, primarily in the form of regulatory provisions.  These suggestions are
 offered as guides for selection or modification by a State according to its
 particular needs, since  no single program of ground water management would  be
 applicable in all locations.
17.
i.
                               KEY WORDS AND DOCUMENT ANALYSIS
 Ground water, water resources, water
 pullut ion, ri\i',uJ;ilions
III. DIM HI Hll 111 iN MAI I Ml. NT
   HKLKASK TO PUHLIC
( I'A (Orill 2270-t (DM)
                                             b.lDENTIFIERS/OPEN ENDED TERMS
 Ground Water Management
 Pollution Sources,
 Protection Regulations,
 Model Protection  Program
                                             19. St CURITY CLASH (Thix Krport)
                                               Unclassified
                           c. COSATI Held/Group
0808
                                                                        21. NO. OH PARES
?0. SUCUHIl Y CLASS {ThisIMI&)
  Unclassified

-------
           A MANUAL OF LAWS, REGULATIONS,
 AND INSTITUTIONS FOR CONTROL OF GROUND WATER POLLUTION,
 SBBSBBBBBBBSaBBBBBKBBBBBBBBBSBBBaBBBBBBBBBBSBBBBaeBBBB
                       PREPARED FOR
        THE U. S. ENVIRONMENTAL PROTECTION AGENCY
              UNDER CONTRACT NO.  68-01-2938
        aBSBBBBSBBBSBBBBBBBBBBBBBBBSBSBBBSBBBBBBB
                            BY
JAY H. LEHR, Ph.D., Hydrologist and Executive Director
                    of National Water Well Association
WAYNE A. PETTYJOHN, Ph.D., Professor of Hydrology, Ohio State Univ.
TRUMAN W. BENNETT, M.S., Consulting Ground Water Hydrologist
JAMES R. HANSON, LL.B., Attorney at Law, Ground Water Specialist
LAURENCE E. STURTZ, LL.B., Attorney at Law, Constitution Specialist
                           - i -

-------
                         ACKNOWLEDGEMENTS



The authors wish to gratefully acknowledge the continuing contribution

of Mr. R. Kent Ballentine of USEPA, who has served as project officer

since the inception of this research.  We wish also to thank Mr. Ed

Snyder who has represented USEPA at the monthly meetings of the Model

Law Task Force Committee.  Special thanks are due the following named

individuals whose outstanding contribution of time and expertise in

reviewing the manuscript, is responsible for its clarity and compre-

hensiveness.
               William B. Allen, Providence, RI
               William R. Attwater, Sacramento, CA
               William S. Bartholomew, Salem, OR
               Paul M. Beam, Tallahassee, FL
               James G. Beste, Washington, D. C.
               Richard Bissell, Lansing, MI
               Vern W. Butler, Pierre, SD
               David Butterfield, Montpelier, VT
               Thomas A. Calabresa, Madison, WI
               Roy Carlson, Dallas, TX
               William B. Caswell, Jr., Augusta, ME
               Kenneth Childs, Lansing, MI
               Lawrence Christensen, Cheyenne, WY
               Alan H. Coogan, Kent, OH
               Douglas O. Craddick, Honolulu, HI
               Charles DiBona, Washington, D. C.
               Harold D. Donaldson, Salt Lake City, UT
               Vincent H. Dreeszen, Lincoln, NE
               Don A. Duncan, Columbia, SC
               Harlan W. Erker, Denver, CO
               Vern Fahy, Bismarck, ND
               John B. Fernstorm, Atlanta, GA
               John Halepaska, Lawrence, KS
               Paul G. Haswell, Denver, CO
               Gerald Hendricks, Columbus, IN
               R. Keith Higginson, Boise, ID
               George M. McGee, Sr., Concord, NH
               Thomas C. McMaho'n, Boston, MA
               Joseph W. Miller, Jr., Princeton, NJ
               E. Douglas Kenna, Washington, D.C.
               Ronald A. Landers, Morgantown, W. Va.

-------
Robert H. Lewis, Sacramento, CA
Nick Lialias, Washington, D. C.
John Logan, Tampa, FL
Leslie Mack, Vienna, VA
W. D. Maer, Washington, D. C.
George B. Maxey, Reno, NV
William Joe Melling, Phoenix, AZ
Gary L. Merritt, Harrisburg, PA
David W. Miller, Port Washington, NY
Gerald Moore, Bay St. Louis, MO
Richard Nalesnik, Washington, D. C.
Perry F. Nelson, Raleigh, NC
Gary Obberts, Hartford, CT
William Osborne, Billings, MT
John Osgood, Harrisburg, PA
Garald Parker, Tampa, FL
Harry M. Peek, Raleigh, NC
Paul E. Reed, Naugatuck, CT
Michael H. Remy, Sacramento, CA
Jessie Rudnick, Seabrook, MD
Arnold Schiffman, Annapolis, MD
Roger Schmid, Bismarck, ND
Ronald G. Schmidt, Dayton, OH
Ollie Smith, Nashville, TN
William J. Steen, Indianapolis, IN
Richard G. Stockdale, Cheyenne, WY
W. E. Steps, Topeka, KS
David E. Swanson, Atlanta, GA
George W. Swindel, Jr., University, AL
Ernest J. Taylor, Baton Rouge, LA
Sarah P. Tufford, St. Paul, MN
Samuel J. Tuthill, Iowa City, IA
Eugene G. Wallace, Tacoma, WA
William H. Walker, Urbana, IL
R. Timothy Weston, Harrisburg, PA
Douglas Whitesides, Louisville, KY
O. A. Wise, Little Rock, AR
J. A. Wood, Oklahoma City, OK
Kenneth D. Woodruff, Newark, DE  ,
A. Wayne Wyatt, Austin, TX
Chester Zenone, Anchorage, AK
               - iii -

-------
                        TABLE OF CONTENTS
Chapter I    THE HYDROLOGIC FRAMEWORK                         1-1

              Misconceptions Concerning Ground Water          1-2

              The Hydrologic Cycle                            1-13

              Ground Water                                    1-20

                Aquifer Framework                             1-20

                Aquifer Characteristics                       1-25

                Ground Water Management                       1-36

                Ground Water Regions                          1-41

              Water Quality                                   1-50

                A.  Ground Water Quality Problems That

                    Originate On the Land Surface.            1-56

                    1.  Infiltration of polluted surface
                        water.                                1-57
                    2.  Land disposal of either solid or
                        liquid waste materials.               1-58
                    3.  Stockpiles.                           1-59
                    4.  Dumps.                                1-59
                    5.  Disposal of sewage and water-
                        treatment plant sludge.               1-61
                    6.  Salt spreading on roads, airport
                        runways, and parking lots.            1-61
                    7.  Animal feedlots.                      1-63
                    8.  Fertilizers and pesticides.           1-63
                    9.  Accidental spills of hazardous
                        materials, including atomic wastes.   1-62
                   10.  Particulate matter from airborne
                        sources.                              1-64

                B.  Ground Water Quality Problems Which

                    Originate in the Ground Above the Water

                    Table.                                    1-66

                    1.  Septic tanks, cesspools, and privies. 1-66
                    2.  Holding ponds and lagoons.            1-68
                    3.  Sanitary landfills.                   1-71
                    4.  Waste disposal in excavations,        1-72
                    5.  Leakage from underground storage
                        tanks.                                1-72
                           - iv -

-------
TABLE OF CONTENTS - Continued


                    6.  Leakage from underground pipelines.   1-73
                    7.  Artificial recharge.                 I 1-74
                    8.  Sumps and dry wells.                  1-74
                    9.  Graveyards.                           1-76

                C.  Ground Water Quality Problems That

                    Originate In The Ground Below The Water

                    Table.                                    1-76

                    1.  Waste disposal in wet excavations.    1-77
                    2.  Drainage wells and canals.            1-78
                    3.  Well disposal of wastes.              1-80
                    4.  Underground storage.                  1-82
                    5.  Secondary recovery.                   1-82
                    6.  Mines.                                1-82
                    7.  Exploratory wells.                    1-83
                    8.  Abandoned wells.                      1-84
                    9.  Water supply wells.                   1-85 '
                   10.  Ground water development.             1-86


Chapter II    SURVEY OF REGULATORY PROVISIONS AFFECTING

              GROUND WATER QUALITY                            II-l

              1.  Surface Water Standards                     II-6

              2.  Land Use Regulations                        11-13

              3.  Control of Waste Disposal Sites             11-17

                  a. Solid Waste Disposal                     11-17
                  b. Individual Sewage Systems  (septic tanks) 11-28
                  c. Animal Feedlots                          11-36
                  d. Deep Well Disposal of Wastes             11-45
                  e. Other Well Disposal of Wastes            11-56

              4.  Management of Water Levels and Pumping

                  Rates                                       11-57

              5.  Control of Well Construction and Operation  11-94

                  a. Water Wells                              11-94
                  b. Oil and Gas Wells                        11-101

              6.  Air Quality Standards                       11-111

              7.  Control of Land Spreading of Potential

                  Pollutants                                  11-112

                  a. Irrigation Using Waste Water             11-112
                  b. Land Disposal of Wastes                  11-118
                  c. Other Substances                         11-122
                            - v -

-------
TABLg OF CONTENTS - Continued
Chapter III
 8.  Control of Storage Areas
     a. Storage of Waste
     b. Storage of Materials Other Than Wastes
 9.  Control of Mining and Quarrying
10.  Control of Transpprtation and Handling
     of Fluids
     a. Surface Pipelines
     b. Sewers
     c. Spills
 PROPOSED STATUTORY PROVISIONS TO ENABLE A
 STATE TO PROTECT GROUND WATER
            Section 1.

            Section 2.
            Section 3.
            Section 4.
            Section 5.

            Section 6.
            Section 7.

            Section 8.
            Section 9.
            Section 10.
            Section 11.
            Section 12»
            Section 13.
            Section 14.
            Section 15.
            Section 16.
            Section 17.
            Section 18.
            Declaration of Public Policy And
            Legislative Intent
            Definitions
            Powers and Duties
            Regulations
            Recommendations and Assistance
            To Other Agencies
            Permits
            Prohibition Against Issuing Permit
            In Certain Instances
            Permit Procedure
            Inspection — Right of Entry
            Confidentiality of Records
            Compliance Orders
            Injunctive Relief
            Civil Penalties
            Cause of Action
            Criminal Penalties
            Enforcement by Citizen's Suits
            Remedies Cumulative
            Severability
                                                              11-123
                                                              11-123
                                                              11-129
                                                              11-132
                                                              11-134
                                                              11-134
                                                              11-134
                                                              11-135
III-l

III-6
III-6
III-8
111-12

111-15
111-19

111-23
111-24
111-28
111-32
111-33
111-33
111-33
III-34
111-34
111-35
111-36
111-37
                           - vi -

-------
TABLE OF CONTENTS - Continued
Chapter IV  REGULATIONS DESIGNED TO PREVENT POLLUTION
OF
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
GROUND WATER
LANDFILLS, DUMPS, AND EXCAVATIONS
HOLDING PONDS AND LAGOONS
WATER AND WASTE WATER SLUDGES AND EFFLUENTS
WASTE PILES AND STOCKPILES
ANIMAL FEEDLOTS
FERTILIZERS
PESTICIDES
SURFACE WATER INFILTRATION
SEPTIC TANKS
STORAGE AND TRANSMISSION FACILITIES
ACCIDENTAL SPILLS
HIGHWAY SALTING
AIR POLLUTION
DRAINAGE WELLS AND SUMPS
ARTIFICIAL RECHARGE
DISPOSAL WELLS
WATER SUPPLY WELLS
EXPLORATION HOLES AND ABANDONED WELLS
OIL AND GAS - ADDITIONAL RECOVERY
MINING
GROUND WATER DEVELOPMENT
IV- 1
IV- 5
IV- 17
IV- 2 7
IV- 4 8
IV- 5 3
IV-60
IV- 61
IV- 6 3
IV- 6 4
IV- 80
IV- 8 4
IV- 8 7
IV- 8 9
IV- 90
IV- 9 6
IV-102
IV-106
IV-110
IV-115
IV-120
IV-123
                            - vii -

-------
TABLE OF CONTENTS - Continued

Chapter V   MANPOWER REQUIREMENTS FOR A MODEL STATE GROUND
            WATER PROTECTION PROGRAM                          V-l
            Personnel Requirements                            V-2
            Areas of Technical Specialization                 V-4
            Planning and Coordination Function                V-5
            Permit and License Function                       V-7
            Monitoring and Data Collection Function           V-7
            Enforcement Function                              V-9
            Research Function                                 V-10
            A Ground Water Training Program                   V-ll
            Implementation of Program                         V-l7

-------
                           INTRODUCTION

The Federal Water Pollution Control Act Amendments of 1972  (Public
Law 92-500) affected state water pollution control programs to an
unprecedented degree.  That law was directed almost wholly at sur-
face water problems, however, and affected ground water only in an
incidental fashion.  The Safe Drinking Water Act of 1974  (Public
Law 93-523) has authorized a similarly significant federal concern
with state programs for the control of ground water quality.  It
does not affect all aspects of ground water quality control.  It is
primarily directed at protection of drinking water supplies.  The
law authorizes federal establishment of minimum requirements for a
state program where an underground injection control program is re-
quired to assure that such injections will not endanger drinking
water sources.

The following manual covers ground water pollution problems broadly.
It doe3 not limit itself to the specific subject areas of the Safe
Drinking Water Act and should not be confused with the Underground
Injection Control Program promulgated under the Safe Drinking Water
Act.  It is by design not comprehensive in detail, since it is in-
tended for use by the layman as much as by a state agency inter-
ested in examining its state laws and regulations.  The manual is
intended for use on the state and local levels by people concerned
with ground water quality.  It is not a report of problems; its
purpose is, rather, to supply a range of suggestions for ground
                               -  ix -

-------
water pollution control, primarily in the form of regulatory
provisions.

Ground water is a vast, natural resource that can be expected to become
increasingly valuable as a water source throughout most states.  The
recognized danger that stimulated the production of this manual is that
ground water, unattended, may become extensively polluted, resulting
in great loss of value.  Unlike surface water, ground water quality
cannot be "corrected" by pollution controls applied after the pollution
has occurred.  Also, unlike surface water, there is no single, simple
approach to prevent ground water pollution.  Activities that pollute
ground water, and the regulatory techniques necessary for their control,
are many and highly varied.

The manual describes ground water resources and sources of pollution,
then surveys existing regulations that affect ground water quality.
This survey is organized according to "control points" at which regula-
tory effort may be directed to control ground water polluting activities.
For a bird's-eye view of the scope of regulatory activity affecting
ground water, the reader's attention is directed to this list of control
points on page II-2.

The manual proposes a number of statutory provisions that will enable a
state to protect ground water, and presents guidelines for the devel-
opment of regulations designed to prevent pollution of ground water. It
discusses manpower requirements and other aspects of implementation of
the statutes and regulations proposed by the manual.  These chapters on
                              - x -

-------
regulation of activities are the central feature of the manual.  They


are offered as guides, or starting-points, for selection or modification


by a state according to its particular needs.  Some are in the alter-


native, and some contradict other regulations proposed.  They are pre-


sented in the belief that no single manual of regulations can be


written that would be applicable to all states, not only because of the


hydrologic complexity of this country, but also because of the economic,


social, legal, and political diversity that such regulations must


reflect in order to be workable in different settings.              '




Useful as it is hoped this manual may be to a state concerned about


protection of its ground water, it cannot address itself to all the


essentials for a good ground water program.  Effective regulation pre-


supposes an adequate base of background water data and a continuing


program to collect it, which this manual does not presume to describe.


Neither does it attempt to instruct a state as to how its agencies


should be organized for optimum effect.  Even in proposing regulations,


humility dictated that the manual address itself to regulation of


current operations, omitting correction of past faults, such as past


unsupervised abandonment of water wells and oil and gas wells, unre-


claimed mines, and all the other historic trauma to the earth that
                                                                  i

cause present ground water pollution but which will at best yield only


to special projects where technological solutions and a source of


adequate funds tend to be the critical constraints.




This document is not a proposal to affect water-rights laws.  Complete


ground water protection must include controls on the use of water under
                             - xi -

-------
particular circumstances — reference is made in the manual to the



propriety of such controls in effecting ground water pollution control.



However, control or withdrawal of water for the purpose of allocating



property rights in water is considered to be a separate subject best



considered by individual states, in accordance with their needs.







It will be evident to the ground water expert that the manual is not



highly technical.  It: does not purport to educate the expert, other



than to offer him a compendium of regulatory concepts.  It assumes



that many people other than those professionally qualified to deal with
                i


ground water are interested in its protection, and will be involved in



programs to protect it.








At the time of extensive new regulation of activities affecting the



environment, regulatory proposals such as those in this manual can



be expected to meet with considerable indifference or hostility.  Those



responsible for industrial production, especially, cannot be expected



to welcome regulation; survival in the American economy, within



existing regulatory structures, is not easy.  At the same time, care-



less pollution of ground water can have future effects that may be



unrecognized in their eventual extent and severity.  It is hoped that



the validity of both these positions will be recognized in application



of the materials in this manual.







The manual is timely for the fact that the effectiveness of other regu-



lations has made methods of waste disposal that endanger ground water



quality relatively more economical, increasing the likelihood that








                             - xii -

-------
ground water pollution will occur.







There is no intent in offering this manual to foster federal control



over ground water.  To the contrary, the purpose of the manual is to



enhance knowledgeability in the states, and thus to enable establish-



ment of adequate ground water protection programs on the state or



local level.






The manual is offered not in a spirit of eagerness to regulate, but



simply in the belief that ground water is a vital resource that is



especially susceptible to degradation because it is difficult to



protect and easy to ignore.
                            - xiii -

-------
       was p£«p«r®
-------
                             CHAPTER I

                     THE HYDROLOGIC FRAMEWORK

This chapter describes the hydrologic cycle and the nature and char-
acteristics of ground water, with emphasis on water quality and the
various ways in which pollution of ground water occurs.  It presents
the generalized physical aspect of ground water pollution in prepar^
ation for the discussion of existing and proposed guideline regula-
tions for the control of ground water pollution in subsequent chap-
ters.

The chapter begins with a presentation of misconceptions concerning
ground water.  While this is not the usual textbook approach to in-
troducing the subject of ground water, it was felt to be pertinent
in this case, because the present status of regulation and the prob-
lems that exist concerning ground water are to a great extent at-
tributable to its inadequate perception, which results from the fact
that ground water cannot be directly observed.  This is not intended
to suggest that existing regulations are based upon misconceptions
(although some court decisions have been so based); it is intended
only to underline the fact that in the case of ground water, as dif-
ferent from surface water, perception and recognition of facts, and
thus application of remedies, come slowly.

The information in this chapter was obtained from a variety of sour-
ces, some published, some unpublished, albeit only a few are cited

                               - 1-1 -

-------
in the bibliography.  Many of the situations and hydrologic concepts



described are generalized, and their details thus may not be valid



for many specific applications.  The chapter is not intended to be an



authoritative work in ground water hydrology/ but rather an intro-



duction to the subject for individuals with little or no hydrologic



training.








MISCONCEPTIONS CONCERNING GROUSE) WAVER







Ground water is neither mysterious nor occult/ it does not occur in



underground lakes or rivers/ and spring water is not synonymous with



purity.  Nevertheless, there is widely-held popular belief to the



contrary.  These and other misconceptions of the nature and behavior



of ground water are examined in the following material.







     Misconception;      Ground water often occurs in underground



                         lakes and rivers.



     Fact;               Bodies of ground water generally bear little



                         resemblance to surface water bodies.







The  erroneous  concept of huge underground lakes and rivers is based



upon fact:  in areas where  limestone forms  the major aquifers/ the



water may  flow in  large underground openings, such as caves and  so-



lution channels.   In one sense these large  openings, which are rela-



tively rare, resemble rivers and  lakes.   In Mammoth Cave, Kentucky,



for  example, blind fish inhabit  a  stream  that flows through the  cave.



In the vast majority of cases, however, ground water occurs in rock








                                - 1-2 -

-------
formations that have a sufficient number of interconnected openings
(permeable material) for the water to pass through them.  Not uncom-
monly, these aquifers  (water-bearing deposits) are connected for
hundreds or thousands of square miles.  Along many river valleys,
the floodplain deposits consist of permeable sand and gravel.  In
such cases, the ground water may flow generally in the same direction
as the surface stream.  This large volume of slowly-moving ground
water adjacent to the stream may flow in a direction different from
the regional underground flow in nearby areas.  This does not mean
that the flow characteristics of the ground water in the stream-side
deposits are in any manner similar to those of a surface stream.

During the last Ice Age, when glaciers advanced across the northern
part of the United States, many of the then existing stream channels
were filled and the streams were forced to develop other courses.
Many of these now-buried river valleys contain great quantities of
ground water, but the enclosed water cannot be likened to an under-
ground river.

     Misconception;      Ground water is mysterious and occult.
     Fact;               Natural Laws control the occurrence and
                         movement of ground water and therefore
                         its behavior is predictable.

Before the development of scientific techniques of ground water
hydrology, the natural laws controlling water movement were unknown,
This led to the concept, preserved in case law, that the occurrence

                               - 1-3 -

-------
and movement of water in the ground is mysterious and occult — i.e.,
that the principles of its behavior cannot be known.  In fact, using
well-established natural laws and the relevant hydrologic data, the
quantity and quality of ground water are subject to prediction both
in space and in time.


     Misconception;      Water rushes so rapidly underground that its
                         presence can be detected by listening.
     Fact;               In most cases ground water flows only a
                         few feet per year.

Some people believe they can detect the presence of large quantities
of water underground merely by placing an ear to the earth and list-
ening for the sound of rushing water.  This is not possible because
ground water moves very slowly through the earth/ in most cases only
a few feet per year.  Locally, it may flow very rapidly in limestone
terrain characterized by large openings, such as caves, but such
conditions are rare.  Ground water velocity is of particular impor-
tance in water-pollution problems.  Due to its slow rate of movement,
an area once polluted may remain unusuable for years.  It is primarily
for this reason that disposal of wastes on and in the ground must be
closely regulated.

     Misconception;      Ground water removed from the earth is never
                         returned.
     Fact:               Ground water is a renewable resource.
                               - 1-4 -

-------
In most parts of the country, water removed from the ground is con-



stantly replaced.  Thus, ground water is a renewable resource, al-



though in some places the rate of replenishment is very slow.  In



some arid and semiarid regions, a slow rate of replenishment is far



exceeded by the rate of ground water pumping, resulting in some cases



in serious problems of ground water mining.







Water constantly seeps into the ground.  Areas where this occurs are



called recharge areas; they include virtually the entire land surface,



although recharge rates vary greatly.  Some types of soil accept water



much more rapidly than others — for example, the rate of infiltration



(the rate at which water seeps into the ground) through sandy soil



will be much greater than through a heavy clay soil.  Relatively high



rates of recharge (infiltration) may occur in sandy or gravelly areas



and along river flood plains where the water table has been lowered



by pumping.







Areas with high rates of recharge should be carefully managed for two



major reasons.  First, they allow replenishment of underlying ground-



water reservoirs (aquifers) and, second, water-soluble waste products



stored in these areas may infiltrate and pollute the underground supply.



Consequently, areas of high recharge must be protected in order to



maintain the quantity of water in storage and to protect its quality.







     Misconception;      Ground water migrates thousands of miles



                         through the earth.



     Fact;               Most ground water is replaced in the near



                         vicinity of its withdrawal.




                               - 1-5 -

-------
Much of the water in a ground water reservoir infiltrates within a
radius of a few tens of miles of where it is found.  It has not
travelled in the ground for thousands or even hundreds of miles.  There
are no underground rivers transporting great volumes of pure water
from Canada to Minnesota, Virginia to Florida, or from the Rocky
Mountains to Iowa or other Great Plains states.

     Misconception;      Ground water is not a significant source
                         of supply.
     Fact;               The amount of ground water in storage
                         dwarfs our present surface supply.

Ground water is commonly considered an insignificant source of supply.
The fact is, however, that in the United States the quantity of water
in underground storage is 2,000 to 3,000 times larger than the amount
at any moment in all the lakes, streams, and rivers combined.  At the
same time, ground water is usually cold, of a nearly constant
temperature, free of sediment, and of generally good quality.  The
major feature of ground water is its widespread occurrence — it
commonly provides a reliable and economical water supply for many
kinds of activities for which surface water supplies would be un-
economical or infeasible.

In 1970, the United States was using more than 370 billion gallons of
water per day.  Of this amount, about 20 per cent was ground water.
About a third of all public supplies and about 96 per cent of all
rural domestic supplies are derived from wells.  About 25 per cent of
                               I
                               - 1-6 -

-------
the water used for irrigation is ground water.  Were it not for huge
                                                            \
underground reservoirs, many irrigation schemes in the arid and semi-
arid regions of the United States could not long continue.  Ground
water makes possible agriculture and industry alike because commonly
it is available at the point of use and does not require transpor-
tation over long distances.

     Misconception;      There is no relationship between ground
                         water and surface water.
     Fact;               Ground water provides much of the flow of
                         streams; lakes and swamps are merely win-
                         dows in the water table.
It is commonly believed that ground water and surface water represent
isolated systems.  Consider, however, a stream in late summer.  Al-
though it may not have rained for several days or possibly even weeks,
there may still be a considerable flow in the stream.  Obviously,
this water could not have been derived from the surface runoff of
rainfall.  In large part the streamflow represents water that has
flowed from the ground into the stream channel.  In other words,
the low flow of a stream may be derived entirely from ground water
discharge.  In addition, wells located near a stream may cause water
to flow from the stream to the well thus depleting the surface flow.

During low-flow conditions, the chemical quality of the stream is
similar to that in adjacent aquifers, but during periods of surface
runoff and precipitation, the stream quality is considerably differ-
                               -  1-7 -

-------
ent.  In some places, the quality of surface water deteriorates

during the late summer and fall because adjacent ground water reser-

voirs are polluted and these polluted ground waters provide the

stream flow.  It is evident that one needs to consider not only

waste disposal directly into a stream but also the disposal of water-

soluble material on the land surface, particularly in recharge areas.

In other words, there is often a close interrelationship between

surface water and ground water and one cannot be managed without

consideration of the other.



     Misconception;      The water table is falling throughout the

                         country.

     Fact;               Although in a few areas the water table has

                         declined significantly, in most places the

                         water table rises and falls with climatic

                         vagaries*
                              i


Not uncommonly one hears that "the water table is falling".  During

periods of drought, when water demands increase substantially and

withdrawals exceed the rate of natural recharge, the water table or

water-pressure surface may decline.  In most cases, the decline is

temporary and the water level recovers when rainfall returns to nor-

mal.  A similar problem of declining water levels exists in parti-

cular areas where municipalities or large industrial complexes use

ground water, and in areas of extensive irrigation.  This is because

the rate of ground water pumping over long periods may far exceed the,

natural rate of replenishment (recharge) within the area of supply.

Most of these areas are small and unmanaged although in some instances

                               - 1-8 -

-------
the declines are based on sound management concepts.   Generally
throughout the country, ground water levels simply rise and fall with
the seasons in relation to precipitation, temperature,  and local
land-use practices.

     Misconception;      The water level in a well remains constant.
     Fact;               The water level must decline in the vicinity
                         of a pumping well.

If the proud owner of a new well believes there is no water-level
lowering or drawdown when his pump is operating, he is mistaken.
There must be a water-level decline in the vicinity of a pumping
well in order to induce water to flow to the well.  In highly permeable
formations, such as limestone caverns or sand and gravel deposits,
the amount of drawdown may be slight.  With increasing withdrawal
rates, however, the drawdown increases — around high-yield wells,
water-level lowering in the area of influence may extend outward for ;
miles.  Other phenomena also cause the water level in  a well to
fluctuate, including seasonal influences on recharge and discharge,
and loadin,g effects.

     Misconception;      Spring water is synonymous  with  exceptional
                         quality.
     Facts;              Springs are points where ground water is
                         discharging, but  they  are easily polluted.

Various product advertisements assert that spring water has except-
                              - 1-9  -

-------
 ional  taste,  purity,  and perhaps medicinal properties.  They may also



 imply  that well water is of unacceptable quality.  A spring, however,



 is merely a point where ground water  is discharging at the land sur-



 face,   it has nearly  the same quality as nearby wells.  On the-other



 hand,  springs lack  some of the protection afforded by wells and can



 be easily polluted.   Well water is biologically pure  (free of patho-



 gens)  except  when polluted by sewage  or certain other wastes, the



 sources of which generally lie in the near vicinity.







     Misconception;      All well water is naturally of drinkable



                         quality.



     Fact;               The natural  mineralization of ground water



                         generally increases with depth; eventually a



                         point is reached where it is no longer



                         potable because of naturally-occurring miner-



                         als dissolved from the rocks through which



                         the water flows.







 Not all ground water  is drinkable.  Lying at varying depths down to



 several hundred feet  is the fresh-saltwater interface, a zone of var-



 iable  thickness where the dissolved mineral content exceeds 1000 mg/1



Below  this interface,  the mineral content of the water increases sub-



stantially — at greater depths it may be so mineralized that it is



considered a  brine.   Wells whose total depth approaches the fresh-



saltwater interface eventually suffer from deteriorating quality due



to the upward migration of salt water as fresh water is removed.  In
                                  1-10  -

-------
coastal areas, overpumping or drainage of fresh water may cause migra-

tion of sea water into the aquifer.  Adequate water-management pro-

grams can substantially reduce problems caused by migrating highly-

mineralized water.

                                              •


     Misconception;      Since ground water can't be seen, nothing is

                         happening to it.
                                                                  i
     Fact;               We do not know the extent of ground water

                         pollution, but from available information we

                         know that the threat of its widespread

                         pollution is substantial.




If an individual laid a raw sewage discharge line into a lake, it is

unlikely that he would decide to withdraw his drinking water from a

surface intake only 25 feet away.  The potential health problem would

be easily recognized.  Because ground water cannot be seen, however,

such an error may not be evident to the user of a well.  Where a

cesspool or septic-tank drain lay within 25 feet of a well, the

potential health problem (effluent flowing directly into the well)

might not be recognized.

                                                                 I
                                                                 t

Karubian  (1974) examined the petroleum, pulp and paper, and primary

metals industries in the United States in an attempt to estimate the

effect of these activities on ground water pollution.  These indus-

tries produce a large quantity of waste water, much of which is

stored in unlined basins and lagoons.  The liquids leak from the con-

tainment structures and pollute ground water.  It was estimated that



                              - 1-11 -

-------
the total leakage during 1973 from these structures was 192,815  acre-

feet from primary metals industries, 76,335 acre-feet from petroleum

refining, and nearly 134,000 acre-feet from the pulp and paper indus-

try.  Thus the total quantity of leakage from these three industries

alone amounted to more than 403,000 acre-feet* of waste water.  The

pollution is occurring underground, is hidden from view, and is not

easily recognized.  The problem is nonetheless significant, and for

the most part will be impossible to correct.



Leaky sewers in cities and septic tanks and cesspools in surburban

and rural areas probably add far more pollution on a national scale

than do the above-cited industries.  One must also consider the

major contribution of pollutants from tens of thousands of sewage
 Figure  1.   Schematic  Diagram of the earth's  water  cycle  —  the  hydro-
            logic  cycle.
            (From  Johnson,  1966, p.  16)

 *An acre-foot of water equals  325,851 gallons or 43,560 cubic feet.
                               -  1-12  -

-------
lagoons at municipal or semi-public sewage-treatment plants through-



out the country, as well as the potential of similar polluted water



derived from irrigation using sewage sludge and effluent liquid.








THE HYDROLOGIC CYCLE



INTRODUCTION







The hydrologic cycle describes the movement of water from the atmos-



phere, to and into the ground and streams, and its eventual return to



the atmosphere.  An intimate part of the hydrologic cycle is the geo-



chemical cycle, which determines the resultant quality of water that



will occur at any point in time or space.  Some parts of the hydro-



logic cycle can be managed, others can be subdued to some extent, but



with others, man-made controls are not possible.







In order to understand the fundamentals of ground water hydrology and



water quality, a basic understanding of the hydrologic cycle is nec-



essary.  Although complex in detail, the hydrologic cycle can be vis-



ualized as a water droplet taking any one of the several paths shown



in Figure 1.  The following material describes the major parts of the,



cycle, with emphasis on the ground water phase and its relationship



to surface water.







PRECIPITATION







The world's oceans and other major bodies of water serve as huge reser-



voirs from which large quantities of water are evaporated each day.







                              - 1-13 -

-------
Although much of this moisture immediately returns to its source as

precipitation, a large quantity is carried by the planetary wind sys-

tem to the-land masses where it falls as precipitation.



Only part of this precipitation reaches the land surface because some

evaporates while falling.  Some of the precipitation that reaches

land surface quickly returns to the atmosphere via evaporation, or

runs off to watercourses, some replaces the soil-moisture deficiency,

and the remainder "infiltrates" to become ground water.  During or

immediately following a period of precipitation or snowmelt, stream

flows increase in response to the water added to the channel by sur-

face runoff; at other times streams may flow only because ground water

discharges into them.  Variations in stream flow and the amount of

water that infiltrates into the ground are directly related to vari-

ations in prepipitation.
Different types of hydrologic problems and, consequently, management

techniques, are directly related to the distribution of precipitation.

For example, much of the western half of the United States exclusive

of mountain ranges has less than 20 inches of precipitation annually,

yet the rate of potential evapotranspiration exceeds this amount,

causing a water deficiency.  Therefore, the rate of replacement of

water pumped from the ground can be extremely slow, leading to severe

shortages of ground water, particularly in irrigated areas.



Another problem in arid and semiarid regions is that water resources
  !           !                                             '



                               - 1-14 -

-------
tend to be more highly mineralized because of numerous soluble rocks,



a lack of dilution, and because evaporation, which leads to increased



mineralization, is generally great.







SOIL MOISTURE







Picturing the soil as a sponge, water will not flow downward through



it until nearly all of the interconnected open spaces are filled with



water.  If the sponge is covered with a blotter, analogous to a layer



of clay overlying sandy material, most of the water falling on it will



flow off and very little will seep into the sponge.  The amount of in-



filtration through the soil-sponge is dependent upon several primary



factors, including topography, rock type, and vegetative cover.  The



greatest amount of infiltration occurs during long, low-intensity



rains on fairly level sandy or gravelly soil; the least amount on



steeply-sloping, bare, fine-grained soils such as clay (Figure 2).







Fpllowing a wet period, the soil-moisture content decreases as part



of the water moves deeper into the ground and much of that retained



in the soil is either evaporated or removed by plants (transpiration).







In arid regions, the water table may lie 2,000 feet or more below



land surface because of the low rate of precipitation and the high



rate of evapotranspiration, which use up the available precipitation



before it can percolate to the ground water reservoir.  Consequently,



recharge to deep zones may be very small, occurring in relatively few



places or under unusual hydrologic conditions.








                              - 1-15 -

-------
                        Rain
                                                      Rain
         Bare foil
      Soil completely
        wetted
                                          Grass and
                                           humus'*
Soil completely
  wetted
                        Runoff great •*
                  Runoff groat-=r
                      Rain
                                                          Rain
         Bare toil

       Wetted zone
         shallow
  Graii and
   humus
                                          Wetted zone
                                             deep
                                                   : .1 ••%irvs.'.'>,-iVA, ^ ."•(> -*^.v j; ••!vwAJX''^
          c

                      Runoff moderate~x                          Runoff small -d
Figure  2.   Runoff from bare and vegetated surfaces under  different  con-
            ditions of  soil moisture.
            (From Leopold and Langbein,  I960, p. 28)
Several techniques  have been tried in an attempt  to manage  (either to

conserve or reduce)  soil moisture;  these have met with some success

on  a  regional scale.   There are  no legal controls dealing witji  soil

moisture; in law  it is considered part of the land, and not a control-

lable water resource.   From a hydrologic viewpoint, however, the soil-

moisture content  is one of the most significant natural controls on the

availability of both ground water and surface water.  It regulates the

amount and rate of  natural replenishment of ground water reservoirs,

for until the soil-moisture deficiency has been satisfied no ground-

water recharge can  occur.  It affects streamflow, because moisture-
                                 - 1-16  -

-------
deficient soil has first demand on much of the overland flow to

streams, and to the extent that soil-moisture deficiency deters

ground water recharge, ground water's function of supplying the base

flow of perennial streams may be impaired.


EVAPOTRANSPIRATION


The greatest share of the precipitation that reaches land surface is

returned to the atmosphere by evaporation, and transpiration by

plants.  That quantity transpired by plants has been used during

their normal biologic processes (metabolism) .  The water is considered

to be "wasted" only if it is transpired by unwanted plants — even

then it is not used up, but is merely put back into the atmosphere

for later return as precipitation.


As is true with precipitation, water losses by evaporation range

widely in time and place.  Unfortunately, the greatest amount of

evaporation occurs in arid and semiarid regions — regions that can

least afford the loss.  Water lost by evaporation from surface reser-

voirs in arid regions amounts to millions of acre-feet per year, and

not only greatly reduces the quantity of water available, but also

leads to increased mineral content of the water remaining.


STREAMFLOW
                                                                     i

The flow of water in streams ranges within wide limits, being largely

controlled by precipitation.  Perennial streams are those that flow
                              - 1-17

-------
throughout the year; their discharge rates vary seasonally and with



precipitation.  Intermittent streams generally flow only during that



part of the year when the water table is above the bottom of the



stream bed or when they receive surface runoff.  As the water table



declines, streamflow decreases; eventually certain reaches of the



channel may become dry.  Ephemeral streams — numerically the most



common — flow only during and immediately after precipitation or



snow melt.  Water entering the dry or nearly dry channels of ephemeral



streams commonly seeps into the ground, resulting in ground water



recharge.







The largest amount of precipitation in the coterminous United States



occurs in the Pacific Northwest and in the eastern half of the country,



resulting in longer periods of high soil-moisture content, greater



prolonged rates of infiltration, and greater runoff into streams in



these areas.  Here also lie the major perennial river systems, which



discharge to the surrounding oceans many times more water than do the



drainage ways in the arid and semiarid regions of the Midwest and



Western states.







Water in a. stream originates as surface runoff, ground water discharge,
                                                                     i


municipal-industrial-agricultural effluent, or direct precipitation



into the channel.  Perennial streams occur in those areas where adja-



cent saturated deposits drain into the channels  (Figure 3).  It is



this release of ground water that provides much, or sometimes all, of



the stream's flow.  As the adjacent ground water level declines, there



is a concomitant decrease in stream flow.  Drier regions are charac-







                               - 1-18 -

-------
A.  Streamflow  sustained by ground water inflow;  high water table,
    large  stream discharge.                                    •
B.  Stream during  low-flow  conditions;  low water table,  low stream
    discharge.
                                       r.V *!•*. -."/F.T » ^«im ^  ^n « T^ T ^S
C.
During periods of flooding, water may flow from the stream into
the ground.
                                         EWATER TABLE
D.  A well pumping near a stream may cause water  to  flow  from  the
    stream into the ground  (induced ground water  recharge).

Figure 3.  Relation between ground water and  surface water.
 1            !

                               - 1-19  -

-------
terized by low sustained flows, or, if the water table is below the



stream, no flows except during periods of large snowmelt or heavy



rainfall.  During high flows, such as floods, water may migrate from



the stream into the ground  (Figure 3).  Pumping wells may cause stream



water to infiltrate due to a lowering of the water table (Figure 3).







Because ground water is a major source, the quality of the stream



water reflects the quality of adjacent and upbasin ground water re-



sources.  Most water-pollution control legislation is directed a,t



surface water, with ground water pollution being largely ignored.



Such legislation also fails to control surface water pollution that



results from the discharge of polluted ground water.








Surface water can be controlled by various engineering structures and



management techniques.  At least to some extent the quality of surface



water can be managed by adequate effluent standards, by control over



ground water pollution, and by land-use management.







GROUND WATER



AQUIFER FRAMEWORK







Rocks that form aquifers can be divided into two major types:  (1)



igneous and metamdrphic and  (2) sedimentary.  Igneous and metamorphic



rocks, such as granite, slate and marble, are hard and dense earth



materials formed by the solidification of molten rock or by temper-



ature, pressure, and chemically-active fluids acting upon and changing



pre-existing rocks.  Sedimentary rocks, such as shale, limestone, and








                              - 1-20 -

-------
sandstone, were formed by deposition of material by siltation, trans-
ported in suspension  (generally by water) or in solution.  Sedimen-
tary rocks are either consolidated or unconsolidated.


A. Igneous and Metamorphic Rocks

Ground water is commonly hard to find in those regions where igneous
and metamorphic rocks are at or near land surface, because there is a
general lack of open spaces in these rocks that could contain water.
Water supplies obtained from them are generally inadequate for large
municipal and industrial supplies.  There are some exceptions; for in-
stance, large quantities of water may occur in fault zones.  Water in
igneous and metamorphic rocks is commonly limited to fractures (joints
or faults) in the rocks, although in some places substantial quanti-
ties may be stored in a thick zone of weathered rock.  Igneous and
metamorphic rocks are generally very hard and are both difficult and
expensive to drill.

Some volcanic rocks, particularly lava flows, contain a great number
of interconnected openings and hence are highly permeable.  They may
enclose a weathered zone, a zone characterized by coarse-grained
sediments, or there may be permeable areas caused by fractures, lava
tubes, or vesicles created by gas bubbles when the lava was in its
liquid form.

The quality of water in igneous and metamorphic rocks is generally
excellent in that it has a very low dissolved-mineral content.  On

                              - 1-21 -

-------
the other hand, it is easily polluted because the water-producing
fractures may be interconnected and open to the surface where little
or no filtering of the water through sediments can take place.
Filtering through soil or sandy material tends to remove biological
material and some, but certainly not all, chemicals.  Special care
must be taken to preserve the natural quality of water found in ig-
neous and metamorphic rocks, particularly since large supplies are
difficult to locate.

B. Sedimentary Rocks

Sedimentary rocks not only provide the greatest amount of water to
wells, they also store huge volumes.  Sedimentary rocks may be sub-
divided into consolidated and unconsolidated deposits.  Consolidated
deposits (rocks) are relatively hard and dense due to compaction or
cementation of the grains.  Typical examples include shale (compacted)
silt and clay), siltstone (compacted silt), sandstone (cemented grains
of sand), and carbonates, such as limestone and dolostone.  Unconsoli-
dated sediments consist of uncemented material such as clay, silt,
sand and gravel.  These deposits are generally neither hard nor dense.

Consolidated Rocks

Consolidated rocks, being hard and dense, in most cases provide only
small to moderate yeilds to wells.  This is largely due to the small
storage capacity between the individual grains, the tendency 'for very
small grains to hold the water against the force of gravity, and to

                              - 1-22 -

-------
relatively poor connection between openings  (low permeability).   As



with igneous and metamorphic rocks, many consolidated sediments con-



tain an abundance of fractures or solution openings that store and



yield large supplies of water.  Even though many of these rocks, for



example siltstone and shale, may not provide large yields to wells,



they are important hydrologically because large quantities of water



may slowly drain from them into adjacent aquifers, increasing the



potential for development.  They also may serve as confining beds and



reduce the amount of leakage from one aquifer to another.







Deposits of shale commonly contain an abundance of openings (high



porosity) but they are not interconnected and thus have a low perme-



ability.  They provide a vast storage space, but yield water only by



slow drainage.  Moreover, the stored water is commonly highly miner-



alized.







Porosity and permeability of carbonate rocks such as some dense or



chalky limestones is generally very low.  Openings that do exist may



be very large, occurring along fractures and solution openings along



bedding planes and joints.  Solution openings may slowly migrate up-



ward, eventually leading to surficial collapse, the formation of



sinkholes, and sometimes the local disappearance of surface streams.



In carbonate terrain, ground water does not necessarily flow perpen-



dicularly to water-level contours since it tends to follow the solu-



tion openings.  Yields of wells range from very high to extremely low



depending on the size and interconnection of openings penetrated by



the well bore.






                              - 1-23 -

-------
Unfortunately sinkholes, disposal wells, pits, and quarries in per-
meable limestone are used in many areas for the disposal of storm
waters, garbage, and other wastes.  These disposal techniques permit
direct aquifer pollution.  Because little or no filtering of the
water is available as it moves through the large openings in limestone,
it is highly susceptible to pollution.  In coastal areas, overpumping
of aquifers has allowed sea water to intrude and pollute the ground
water.  Drainage canals in coastal areas have allowed sea water to
migrate inland where it seeps into adjacent aquifers and in spme
coastal areas, such as southwestern Florida, canals have done far
more to induce salt-water encroachment than pumping of wells.

Unconsolidated Deposits

Large quantities of water are stored and pumped from unconsolidated
aquifers.  This is largely due to their high permeability, widespread
occurrence, and the relative ease of constructing wells in them.
Many of these deposits occur near sources of induced recharge, such
as lakes and rivers, resulting in relatively high sustained yields
because surface water is induced into the ground.  In addition, the
water level in surficial unconsolidated deposits is commonly near
land surface and pumpings lifts are short.

Many unconsolidated deposits lie along river valleys, forming the
flood plain.  They also originate as wind-blown deposits in coastal
areas and in deserts.  A third major type is formed by materials,
generally coarse, that fill inter-mountain basins, such as those

                              - 1-24 -

-------
in parts of Arizona and southern California.  These deposits may be

hundreds of feet thick; recharge to them is derived largely from

snowmelt and precipitation along surrounding mountains.



Much of the area lying north of the Missouri and Ohio Rivers, as well

as other areas including New York and New England, are covered by Ice

Age deposits.  These consist of sand and gravel and glacial till —

a mixture ranging in grain size from clay to boulders that may include

interbedded layers of sand or gravel.  In many places glacial deposits

now completely obscure the preglacial topography, hiding from view ex-

tensive sand and gravel-filled valleys -- major sources of ground

water.



Unconsolidated deposits may receive great amounts of recharge directly

from precipitation and, consequently, generally contain water of ex-

cellent quality.  Because they are permeable, however, they may be

readily polluted, particularly if they form the land's surface.

Fortunately, most disease-causing organisms  (pathogens) are filtered

out of the water within a few tens of feet from the source and only

the highly-soluble chemicals continue to move through them.  Dissolved

salt, for instance, is not filtered out of the water as it percolates

through permeable earth materials.



AQUIFER CHARACTERISTICS



A. Fundamental Principles


In order to understand and appreciate the occurrence and movement of
                i                                                     '
                              - 1-25 -

-------
ground water it is necessary to describe a few fundamental principles


that deal with the rock materials, the open spaces within these


materials, and with the contained fluids.




Any rock in which the interconnected spaces are filled with water can


serve as an aquifer (water-bearing stratum).  Some rock materials are


better reservoirs than others.  This is largely due to the shape and


size of the grains, the number of openings between them (porosity),


their interconnection (permeability), and the thickness of the deposit.




In order to properly manage a ground water reservoir, both technically


and legally, it is necessary to have an understanding of the various


properties of aquifers and how the water in an aquifer reacts to var-


ious stresses.




The Water Table



                                                                i
Earth materials below the land surface can be divided, for hydrologic


purposes, into two zones:  the upper zone of aeration and the under-


lying zone of saturation.  The zone of aeration contains a soil-water


belt, an intermediate belt, and the deeper capillary fringe (Figure 4).

                        •
Thes^ belts range widely in thickness, depending on topography, soil


type, and climate.




The zone of saturation, which may be several miles in thickness, is


characterized by all of the pores being filled with fluid, generally




                               - 1-26  -

-------
                c
                o
             O)
             c
             o
             hsl
ID
t-
                
-------
                                          Surface of water
                                             table
                                          Arrows show
                                          direction of
                                          flow
  A.-SMALL STREAM WHERE IT FIRST HAS
          WATER IN CHANNEL
fl.-DRY ZONE LIFTED UP TO SHOW
   SURFACE OF SATURATED ZONE
Figure 5.  Relation of ground  surface to water table.  A stream chan-
           nel or rill has water flowing in it where the channel bot-
           tom is at a lower elevation than the water table.  (U.S.G.S.)


 Types of Aquifers




 Three major types of ground water reservoirs  (aquifers)  are Commonly

 recognized by hydrologists:  unconfined,  confined,  and leaky.  Their

 recognition is important from technical,  managerial, and legal points

 of  view since,  hydrologically,  they  react in  considerably different

 manners.  An unconfined or water-table  aquifer has  a free water sur-

 face (water table)  exposed to the soil  atmosphere (Figures 4 and 5).

 Water is released from an unconfined aquifer  by gravity drainage.
 A confined or artesian aquifer is enclosed by layers of such low

 permeability that the water, confined  to  the more permeable inter-

                                 - 1-28 -

-------
           Water-table wel
           Ffowlng
           artesian well
Artesian
  well
    loreo for
artesian aquifer
   lit)  '
Figure 6.  Subsurface  and  ground water phase of the hydrologic cycle.
           (Prom Johnson,  1966,  p.  17)



vening  strata,  is  under hydrostatic pressure  in a manner similar to

water in a tilted  pipe (Figure 6).  Withdrawal of water  from a con-

fined aquifer may  result in a pressure decrease over  a wide area,

exemplified  by  widespread lowering of the water-pressure (piezometric

or potentiometric)  surface.



A leaky artesian aquifer is closely related to a confined aquifer

except  that  water  under higher hydrostatic head  (pressure)  may

slowly  migrate  into it through the confining  beds,  particularly

during  periods  of  pumping.  In the leaky case, pumping causes a de-

cline of the water-pressure surface,  but generally  it is of less

magnitude than  in  a confined aquifer.
A special  case  is a perched aquifer, which lies above  the  principal

aquifer or regional water table (Figure 7).  The areal extent of


                                 - 1-29 -

-------
                Perched water table
                                     Spring
          i';.V:V}Vv..v; Regional water table
Figure 7.   Perched water table occurs above impervious stratum and
           above the main water table.
perched aquifers ranges within wide limits and, although generally
small, they may provide the principal source of water in a  large
number of local areas.
6. Water in Rocks

 Recharge

 The major source of ground water is precipitation that infiltrates
 aquifers (recharge).  Recharge rates vary throughout the year because
 they are dependent on vegetation, soil moisture, evaporation and tran-
 spiration, frequency and rate of precipitation, and freezing of the
 surface.  Several techniques have been devised to measure  annual
 regional recharge rates, but rates differ considerably from place to
 place as well as from time to time and, consequently, the  amount of
                               - 1-30 -

-------
recharge measured in local areas could be much greater or smaller
than  the regional rate.

In many areas  it has been possible to increase recharge by artificial
means, thus  providing larger quantities of ground water locally and
higher water levels.  Some well fields (Figure 8) are constructed
along watercourses and pumping tends to induce water to flow from the
river into the adjacent streamside aquifer (induced infiltration).   If
the rate of  recharge to any aquifer system is greater than the total
outflow  (discharge), water levels will rise;  if less, they will de-
cline; and a relatively constant annual water level indicates a
balance between recharge and discharge.
                                 •':}: Cone  of•':•;.'•.'•.'•'•.V
                                 depres s ion:-'.;.;;'.
Figure 8
Gradient
Cone of depression expanding beneath river bed creates a
hydraulic gradient between the aquifer and river.  This can
result in induced recharge to the aquifer from the river.
The difference  between water levels in two wells tapping the same
aquifer  is  the  hydraulic  gradient (Figure 9).   Ground water flows
down-gradient following the path of least resistance.  A water-level
map,  prepared by drawing  lines of equal water-level elevation on a
base  map, shows the regional gradient (Figure  10).   From these maps
                               -  1-31 -

-------
Figure 9.   The water level  gradient is the difference in water  level
            between two measuring points.  In  this case the difference
            in water level between two wells a mile apart is 10  feet:
            gradient is lOft/mile.
                                                           Legendj:
                                                     ---- 100 ---
                                                     Generalized water-level
                                                     contours at 25-ft intervals
                                                     Ground-water flow lines
                                                  ground-watery.
                                                      flow   V
                                                       Scale in  miles
Figure 10. Water table contour map showing elevation  of the upper
           surface of the saturated zone.  Ground water flows down
           gradient at right angles to the contours as  shown by the
           two flow lines that have been sketched on  the map.
            (Modified from Johnson,  1966, p. 40).
                                - 1-32 -

-------
one can determine, among other things, the direction of ground water
movement and places of recharge and discharge.

Artesian ground water is confined under hydrostatic pressure between
layers of low permeability.  Jn such a case, the aquifer is full and
if a well is drilled into it, the water will rise to some position
above the base of the overlying confining bed.  The imaginary surface
to which this water would rise in an infinite number of wells is
called the artesian, water-pressure, piezometric, or potentiometric
surface.  It can be represented on a map.  If a well is drilled into
an artesian aquifer in an area where the potentiometric surface is at
a higher altitude than land surface, the well will flow.

Water-level Fluctuations

Generally ground water levels fluctuate throughout the year in re-
ponse to changes in the aquifer system, such as seasonal changes in
recharge rates.  These may change the levels several feet per year.
Fluctuations also occur due to pumping (Figure 11).  Because pumping
from an artesian system does not dewater the aquifer but instead
lowers,1 pressures, changes take place with great rapidity.  In water-
table aquifers, pumping dewaters the pores, thus water-level changes
are much slower.  If the rate of pumping exceeds the overall rate of
recharge, the water level will continue to decline.  Monitoring of
ground water levels is necessary to obtain hydrologic data and to
evaluate aquifer performance information that can be used to develop
aquifer-management techniques.

                              - 1-33 -

-------
     0
o
"i    5
ja
4->
v *  10 —
C fc.
"3-  15-
 »

5^  20-
i.
01
*   25 H
_^y
         Recharge, during
         Spring  runoff
                                  Recovery  due  to
                                  reduced pumpage and
                                  natural recharge
                       Large summer
                       withdrawals
         VMnter  Spring   Summer   Fall Winter Spring   Summer    Fall
Figure 11.  Ground water level fluctuations occur in response to natural
            and man-made influence.
 C.  GxrcAind Water Movement
Velocity  and  Quantity of  Flow
 Under  natural  conditions,  ground water generally moves at very slow
 rates,  ranging from a fraction of an inch per year to many feet per
 day.   The  rate of  movement is largely dependent on the aquifer perme-
 ability, water-level gradient, and effective porosity.  A pumping well
 will increase  the  ground water gradient in the vicinity of the dis-
 charging well  and  thus will cause larger volumes of water to move
 through the area.   Since ground water moves at such relatively slow
 rates,  parts of an aquifer once polluted may remain unusuable for
 many years.

-------
 Effects of Pumping
 The non-pumping water level measured in a well  is called  the  "static
 level" (Figures 12 and 13).  When pumping begins, the water surface
 in the well rapidly declines.  The amount of decline is termed  "draw-
 down"; the water level in the well is called the "pumping level".  The
 water level declines not only in the well bore  but also in surrounding
 areas, forming a cone of depression  (Figures 12 and 13).   The steep
 water-level gradient in the cone near the well  is caused  by removing
 water from the well and the surrounding deposits.  The cone of  de-
 pression spreads outward and deepens until a state of equilibrium
 between inflowing ground water and outflowing well water  is reached.
 The cone of depression in an unconfined aquifer reflects  the  volume of
 rocks dewatered;  its radius of significance is slow to develop and
 is generally less than a few hundred feet in diameter.  In the  confined
 aquifer,  the cone represents a decline in pressure and develops very
 rapidly;  it may have a significant radius of several miles.
                                -Ground —
                         ::;^Cone of depression—
                   ^v^ •££;£: Static water leve
     I-_-Sh a le jr_-^^_-_r-^-_rir-_-_--r-_-             :HH-£HHH!HHHH-Er Shale £Hr
Figure 12.  Diagram of water table  Figure  13.  Diagram of  artesian
  well and cone of depression.        well  and cone of  depression.
                                - 1-35 -

-------
 1) Ground Water Management

-Sustained Yield

The sustained yield of an aquifer system is that quantity of water
that can be withdrawn from it without creating a significantly unde-
sirable result.  Parker  (Parker and others, 1964) has called it the
"water crop".  It is the acceptable long-term balance between natural
and man-made recharge and discharge.  The sustained yield cannot be
determined accurately prior to or even in the early stages of develop-
ment, because the natural recharge rate is not known.  It depends on
the interactions of the aquifer framework, the hydraulics of the
system, and methods of extraction, as well as social, legal, and
managerial concepts.  Only after the sustained yield is determined
is it possible to optimize management of an aquifer system.  The fact
that it might require years to determine the sustained yield of an
aquifer adds logic to the concept of issuing water rights that are
valid for only a limited time.  Studies have indicated that with a
sufficient amount of data and a computer, a model can be constructed
to simulate and predict drawdown and discharge of an area, thus pro-
viding insight into the sustained yield even in the early stages of
ground water development.

Overdraft

Pumping which over a long period exceeds the recharge or defined sus-
tained yield of an aquifer can lead to substantial water-level decline
and dewatering of the system, possibly with unwanted results such
                              - 1-36 -

-------
as drying up of streams, lakes, shallow wells, and springs.  When this
occurs, wells can no longer produce at their design capacity and oper-
ation and maintenance costs increase.  In addition, the lower water
level may lead to interaquifer leakage of highly mineralized water or,
in coastal areas, encroachment of sea water into fresh-water supplies.

In several parts of the world, the withdrawal of fluids such as water
and petroleum has caused compaction of buried strata as the fluid
pressures decrease.  Such compaction leads to subsidence of the land
surface, which may amount to several tens of feet.  In turn, the sub-
sidence may break underground pipelines and cause buildings to sink
or be slowly torn apart.  Areas suffering from extensive subsidence
due to ground water pumping include, among many others, Mexico City
and several areas in Arizona, California, and Texas, particularly in
California's San Joaquin Valley.

Aquifer Interactions

As the cone of depression around a pumping well spreads outward, the
entire area under its influence begins to interact in response to
changes in the water level.  Water levels will decline in shallower
and deeper hydrplogically-connected rocks because of the removal of
water, interaquifer leakage, and change in volume of the surrounding
rocks.  Water will leak from adjacent deposits into strata with
lower hydrostatic heads.

The cone of influence may intercept a stream, causing some reduction

                               -  1-37 -

-------
in its flow.  The streamflow reduction occurs because ground water,
                                                                   i

which under natural conditions was flowing into th,e stream, is diver-


ted toward thej pumping welj.  If the ground water level becomes lower


than the water level in the stream, the surface water may infiltrate


and flow toward the well.  In fact, pumping of ground water adjacent


to a stream may cause not only a reduction in streamflow, it may


actually cause the stream channel to become dry.  In cases such as


these, a pumping well is merely recapturing water from the stream that


previously was naturally released from the ground.  Furthermore, the


water-level decline in the cone of depression around shallow water-


table wells tends to decrease water losses from evaporation an£


transpiration and makes more underground storage space available.





Well Interference





The cone of depression surrounding a pumping we'll may extend outward


for a considerable distance, causing wide-spread water-level lowering.


Consequently, the water level in another well in the area of influence


will decline even though it is not pumping; a well tapping the upper


part of the aquifer system may go dry  (Figure 14).  When two nearby

                                                                   i
wells are pumping, the cones of depression will overlap and the net


effect wiH be even more drawdown in each well  (Figure 15).  This


composite water-level lowering effect is called "well interference".


If the aquifer properties are the same at each well, but one is pumping


at a rate several times greater than the other, there may be so much


water-level decline in the second well that it can no longer produce


at its design capacity.  This condition affects not only individual





                              - 1-38 -

-------
       '?•.' V.f'.'; •*'•.• f'-'iv
       ^••::>^:-;::•• »•.•••; V. i'
                   «jfl
.•«.*•'r'p '•••••';•?V '.'/'.'; •' %• >• •'
   >:v.-:
Figure 14.  The cone of  depression surrounding a pumping well may
             decline so much that nearby wells become dry.
                                  k-2000 If—•
                                           SnHe woMr Icvri^
T >!
COIM* of d«prt»»lon. t
r
•lOmlnulM
                                     (a)
                           W»ll» pumptd Individually. con«s!for t • 2 day*
                                     (b)
                             CompwiM con* of dtpmtlon of Mr 2 day*
Figure 15.   Development of interference between  adjacent wells
              tapping  the same  artesian  aquifer.   Composite  cone
              is for both wells pumping  simultaneously under the
              assumed  conditions.
              (Modified from Johnson,  1966, p. 128)
                                   - 1-39 -

-------
wells but may reduce the efficiency of entire well fields that are
too densely spaced.  Well interference of this type caused a "water
war" to develop in the Upper Tampa Bay Area, Florida  (Parker, 1975)
More commonly, such situations occur where the aquifer is of variable
thickness or the wells are of considerably different depths, resulting
in adverse effects on the water level in a shallow well or one tapping
a thin  part of the aquifer.

Well Efficiency

Owing to ignorance or cost considerations, many wells are not ade-
quately designed and therefore are inefficient.  Domestic wells, for
example, which commonly deliver only a few gallons a minute, may be
poorly constructed and generally only partially penetrate the aquifer.
High-yield wells usually are larger and deeper and are better designed
and constructed.  A poorly-designed domestic well may have more draw-
down within the well than a nearby high-yield well even though the
pumping rate of the latter is 100 times greater.  Thus, loss of water
in a given case may be the result of poor well design, where a prop-
erly  designed well would not have been significantly affected by a
lowering of the water level.
                               -  1-40  -

-------
    GROUND WATER REGIONS*
    The United States exclusive of Alaska and Hawaii   has been divided

    into ten ground water regions (Figure 16).  These  regions are widely

    recognized as the best broad classification of  the ground water

    situation of the coterminous states.  The division is based princi-

    pally on types of aquifers.   Most of the major  rivers drain one or

    more of the regions.
                           Glaciated Central region
                                                        Glaciated Appalach
w;\ Western Mountoin Ranges
HI Alluvial Basins
S3 Columbia Lava Plateau
iH Colorado Plateau
SH Hlqh Plains
                                           i
   Figure 16.   Ten major ground water regions of the United States,
                excepting Alaska and Hawaii.  (After Thomas  and
                McGuinness)
                (From Johnson,  1966, p. 48)
    ^Material  from this section is largely from Johnson, 1966, pp.  47-60.
                                   - 1-41  -

-------
                     1.  Western Mountain  Ranges

The Western Mountain Ranges Region includes the Rocky Mountains, Cas-
cade Range, Sierra Nevada, the northern Coastal Ranges, and a few
other isolated mountains in the same general area  (Figure 16).  The
major rocks in this region consist principally of  igneous, metamorphic,
and consolidated sedimentary rocks.  These rocks are generally un-
favorable for the occurrence of ground water.  Consequently, aquifers
in this region are of limited areal extent, generally small in volume,
and provide relatively small yields.  Most of the  ground water 'occurs
in fractures in the rocks.  A few unconsolidated deposits, which
yield larger amounts of water, occur along streams and in a few small
valleys.  The mountain ranges receive a large amount of precipitation
but most of it is released and the runoff  recharges aquifers in ad-
jacent regions.  Because the annual precipitation  rate is high and
the population sparse, ground water demands, for the most part, are
small.

                        2.  Alluvial Basins

The Alluvial Basins Region consists of valleys  surrounded by mountain
ranges  (Figure 16).  The valleys represent large basins  that are
nearly  filled with unconsolidated  material,  such as  silt, clay, sand,
gravel,  and boulders,  eroded  from  the adjacent  mountainsides.  With
the exception of  the trough between the Coast Ranges  and the Cascade
Range,  this region  typically  is  arid.  Although precipitation  ranges
from  three to more  than  60  inches  per year,  most of  the  region

                              - 1-42 -

-------
receives less than 15 inches annually.  Much of the precipitation is
poorly distributed throughout the year and, unfortunately, inadequate
during the growing season.  Throughout this region, huge quantities of
ground water are used, particularly for irrigation.  The water is
drawn from valley-fill deposits that are generally a few hundred feet
thick but in some places are as much as several thousand feet thick.
At the turn of the century, it was assumed that the ground water
stored in the Alluvial Basins was inexhaustible.  However, water
levels in many places have declined excessively due to nearly 70 years
of pumping*, and the quantity of water in storage has been signifi-
cantly reduced.  Great volumes of water remain stored in some valleys
that are, as yet, untapped.  The annual recharge to these underground
reservoirs is small; it consists primarily of seepage from streams
that originate along the mountain fronts.  As pointed out by H. E.
Thomas:
     "The principal residential, agricultural, and industrial sites of
     the southwest are included in this region.  There is an enormous
     water demand with potential demand even greater because of rapid
     population growth and the existence of fertile land waiting to
     be irrigated.  Available surface water is appropriated and, in
     some cases, over-appropriated."

In view of the exceptionally large withdrawal of ground water, water
levels have declined significantly.  This, in turn, has permitted the
intrusion of sea water into coastal aquifers and allowed salty deeper
water to migrate into the fresh inland water zones.  Furthermore, re-
peated reuse has caused deterioration of the quality of both surface
*Heavy pumping for irrigation in the San Joaquin Basin began about 1905.
 It increased dramatically following the end of World War II.
                              - 1-43 -

-------
water and ground water.  In other areas the lands are characterized
by poor drainage, and irrigation has led to water-logging.

                    3.   Columbia Lava Plateau

This region lies principally in eastern Washington, eastern Oregon
and adjacent parts of Idaho  (Figure 16).  It is underlain mainly by
lava flows, although a few basins are filled with hundreds of feet of
unconsolidated sediments, chiefly glacial-outwash detrital materials
(sand and gravel).  The region is characterized by volcanic materials
that range from less than 100 to several thousand feet in thickness.
Water-bearing units occur in lava flows characterized by open frac-
tures and, in places, in permeable zones between successive lava
flows.  .In a few areas such as at Spokane, Washington, very permeable
layers of outwash sand and gravel provide extremely large yields to
wells.  Along the Snake and Columbia Rivers, large quantities of sur-
face waters are used for irrigation and hydroelectric power.  Some
irrigated areas have become waterlogged.

                       4.   Colorado Plateau

This region consists of high, dry plateaus lying in adjacent parts of
Wyoming, Colorado, Utah, Arizona, and New Mexico (Figure 16).  ftere
the rocks consist largely of sedimentary strata, many of which are
broken into large blocks by faults.  Most of the rocks consist of
shale and sandstone.  This semiarid to arid region is sparsely popu-

                              - 1-44 -

-------
lated; the scarcity of productive aquifers will also limit future  :
development.  Most of the major water-bearing zones consist of sand-
stone, although water does occur in limestone and unconsolidated sed-
iments in a few places.  Generally, existing wells yield only a few
gallons per minute.

                           5.  High Plains

The High Plains include an extensive semiarid to sub-humid region,
lying east of the Rockies, extending from South Dakota to western
Texas and eastern New Mexico.  The extensive surficial deposits con-
sist largely of sand and gravel; the water that is drained from them
is replenished primarily by rain and snow.  Most of the unconsolidated
deposits comprise the Ogallala Formation, which in places is more than
500 feet thick.  It is the principal aquifer over several thousand
square miles.  The materials forming the Ogallala Formation range
widely from very fine to coarse, with abrupt variations in grain size
within short distances, both vertically and horizontally.  Locally,
stream deposits constitute important aquifers along the larger stream
channels.  Wells yield moderate to large quantities of water, but the
natural recharge rate ranges widely, b^ing generally least in the
southern part and greatest in the north.  Pumping of wells in the
river valley alluvium tends to deplete the stream flow, resulting in
usurpation of long-established downstream water rights.  This has re-
sulted in court suits and in state water laws prohibiting the deple-
tion of stream flow by such wells.

                              - 1-45 -x

-------
 An extensive deposit of windblown sand and loess lies on the Ogallala
 Formation between the Platte and Niobrara Rivers.  These windblown
 deposits form the well-known sandhills of Nebraska.  Here pretcipita-
 tion readily infiltrates and natural recharge is estimated to be
 about five inches of water per year.  Southward, in the High Plains
 of Tiexas,  the recharge rates are considerably less, ranging from an
 inch to considerably less than an inch per year.  Highly productive
 wells have led to extensive irrigation.   In Texas,  more than 50,000
 irrigation wells  are in use;  in Nebraska,  there are more than 40,000,
 most of them drilled within the past 30  years.   In  some heavily pumped
 parts of the region  withdrawals have far exceeded the natural recharge
 rate and,  consequently,  the total quantity of water in storage is
 being significantly  reduced.   Reduction  of well yields has  occurred in
 some areas.   Management schemes including  ground-water mining,  inte-
 grated  surface-water and ground-water use,  artificial recharge, and
 regulations  are being employed  or considered.

                     6.   Glaciated Central  Lowland

This huge ground water region,  extending  from  Montana  on the west  to
New York on  the east,  is  largely  bounded in the United  States by the
Missouri and Ohio Rivers, which generally mark  the  limits of glacia*-
tion.  Much of this region  is covered with extensive deposits of gla-
cial drif.t, which in  some areas contains highly permeable deposits  of
sand and gravel.  Lying on or bordering the drift are important water-
course aquifers consisting of sand and gravel.  These are exemplified
by deposits along the Ohio, .Missouri, and Mississippi Rivers, as well

                              - 1-46 -

-------
as their major tributaries.  Directly underlying the drift are exten-

sive buried river deposits, which, although generally hidden from view,

provide large quantities of water to wells.  Consolidated deposits
                                  i
underlying the drift also serve as\major ground-water reservoirs, such


as the extensive sandstone aquifers that underlie large parts of Iowa,


Minnesota, Wisconsin, Illinois, and Michigan.  Elsewhere under the

drift are permeable carbonate rocks.  Although local shortages do

exist throughout most of this vast region, adequate quantities of

ground water are widely available.  In some of the heavily populated

and highly industrialized areas, many ground water supplies have been

overdeveloped or polluted, or both.




                   7.  Unglaciated Central Region




This vast region consists of interior plains extending southward from

Montana to Texas and eastward to Pennsylvania (Figure 16).  It also

includes a small unglaciated area that lies largely in southwestern


Wisconsin.  Most of the rocks in this region are horizontal, or only

gently dipping, consolidated sedimentary rocks.  Limestone and sand-

stone provide the major aquifers; yields are only low to moderate.

Highly permeable aquifers, however, occur as unconsolidated deposits

along the larger streams.  Throughout this region, the adequacy of

water supplies is closely related to rainfall, which decreases con-

siderably from east to west.  In general, ground water is adequate

for domestic supply but inadequate for irrigation and other large

uses.  Most large-scale ground water developments depend upon induced


infiltration along the major streams. \i*»u u  ,
                              v  '   V-  \V '•'   '


                               - 1-47  -

-------
                    8.  Unglaciated Appalachians

This region, extending from the border of the Coastal Plain in Alabama
and Georgia northeastward to Pennsylvania and New Jersey, is charact-
terized by mountains and rolling hills separated by linear valleys.
In the western part, extensive elongate deposits of limestone provide
large quantities of water to springs and wells.  The Appalachian
plateaus form the western-most part of the Unglaciated Appalachians.
Here the underlying bedrock consists chiefly of limestone, sandstone,
and shale of which only limestone and sandstone may provide fairly
high yields to wells.  Because valleys are cut deeply into the pla-
teaus, the water level may lie at considerable depths.  This region
is humid; it includes areas of the heaviest annual precipitation in
the eastern part of the United States, where streamflow is rather un-
iform throughout the year.  Consolidated aquifers in this region gen-
erally are sufficient for domestic purposes, but, except for lime-
stone areas, inadequate for large water requirements.  Large quanti-
ties of ground water can be produced, however, from sand and gravel
deposits along the major streams and rivers.
                                                           *
                     9.  Glaciated Appalachians

Extending northeastward from eastern Pennsylvania and including all of
the New England states, is the Glaciated Appalachians ground wa.ter
region.  The rocks and water-yielding characteristics are similar to
the Unglaciated Appalachians to the south.  Sandstone and carbonate
strata as well as igneous and metamorphic rocks provide the major bed-

                               -  1-48 -

-------
rock yields, but less than ten per cent of the region is underlain by
productive bedrock aquifers.  Throughout much of the region glacial
till mantles most of the surface.  The most productive aquifers are
sand and gravel deposits that form outwash plains and fill valleys,
but many of these are of limited thickness.  Valley-fill deposits
occur both in existing streams and as buried-valley deposits.  In view
of the heavily populated and industrialized nature of this region,
many surface-water sources are polluted, which in turn may lead to
pollution of streamside aquifers.

                10.  Atlantic and Gulf Coastal Plain

This coastal region, extending from Massachusetts to Texas, includes
a sequence of rocks that dip gently seaward.  There is an abundance
of both surface water and ground water.  Many of the aquifers consist
of unconsolidated deposits of gravel, sand, silt, and clay.  Else-
where, particularly in Florida and to a lesser extent in Alabama and
Georgia, aquifers consist of extensive deposits of highly permeable
limestone.  The sediments forming the coastal plain range in thick-
ness from nearly zero to more than seven miles.  Fresh-water aquifers
in some areas lie at depths in excess of 6,000 feet.  The major aqui-
fers outside of Florida consist of sand and gravel.  Consolidated
rock aquifers, however, include highly productive carbonates in
Florida, southeastern Georgia, and South Carolina.  Supplies are not
abundant in a few localities in Texas, Louisiana, Mississippi, and
Alabama.  In Florida, with extensions into Alabama and Georgia, is one
of the world's most prolifically yielding ground water reservoirs,


                              -  1-49  -

-------
the great Floridan Aquifer.  Along the southeastern Florida coast is
the wedge-shaped Biscayne Aquifer, a water-table aquifer which, in
its capacity to produce well water, ranks with clean, well-washed,
well-graded gravel deposits.

WATER QUALITY
GENERAL CONSIDERATIONS

As water moves through the hydrologic cycle, its quality changes in
response to differences in the physical and chemical environments
through which it passes (Figure 17).   The changes may be either nat-
ural or man-influenced; in some cases they can be controlled, in
others they cannot/ but in most they can be managed in order to limit
adverse water-quality changes.

Water Quality Characteristics Due To Natural Causes

The physical, chemical, and biological quality of water may range
within wide limits even though there are no man-made influences..  In
fact, it is often impossible or at least difficult to distinguish the
origin (man-made or natural) of many water-quality problems.  The nat-
ural quality reflects the types and amounts of soluble and insoluble
substances with which the water comes in contact.  Surface wate,r gen-
erally contains less dissolved solids than ground water, although in
areas where ground water is the major source of streamflow the quality
of both types is similar except during times of floods, when surface
water in the stream dominates the ground water contribution.  During

                              - 1-50 -

-------
                                                                Atmosphere
                             Nitrogen, oxygen.
                               carbon dioxide
                 II
             Evaporation
             Chloride* and
              tulfatet of
              •odium.
              magnesium.
              calcium, and
              potawlum
              carried with
              water vapor
               Temporary retention in moun-
                  tain areat ai (Oil water
              1. CO, dlttolved in toil. Ca, Mg.
                Na bicarbonate* added to
                water
              2 SO., dissolved in ereas where
                oxidation of lulfides it
                occurring
              3. Connate water or soluble
                compounds of marine
                sediment* added
                          f~Runoff
                                                  Evaporation
                                                    Mineral
                                                   matter re-
                                                  tained In toil
Transpiration
Mineral matter
largely retained
in toil, partly
carried off m
crop plant*
                                                                      Soil weter
                                                               CO, added, forming carbonic
                                                               acid
                                                             2. Reaction of soil minerals with
                                                               carbonic ar.ld to form soluble
                                                               bicarbonate*
                                                             3. Precipitation of colloidal iron
                                                               aluminum, and tllica; of car
                                                               bonate* a* tolublllty limit It
                                                               reached
                                                             4. Cation exchange
                             Outflow to ocean        _ Effluent
                               irrte* mineral matter back^ seepage
              Oceen
                               • Subsurface outflow to ocean
                                                  Qround water
                                                 Cation exchange
                                                 Suifete reduction by
                                                 . anaerobic bacteria
                                                  tubttltutlng bicar-
                                                  bonate for the
                                                1  tulfat*
Figure  17
Gepchemical Cycle  of  Surface  and Ground Water
 (Source:   U.S.G.S.)
 (From  Todd,  1970)
                                                 -  1-51  -

-------
periods of surface runoff, streams may contain large quantities of
suspended materials and/ under some circumstances/ a large amount of
dissolved solids.  Most commonly, however/ during high rates of flow
the water has a lower dissolved-mineral concentration.

Ground water is characterized by nearly constant chemical and physical
properties/ at least on a local scale.  As a general rule, the dis-
solved-solids content increases with depth, and with the time and
distance the water has traveled in the ground.  A few uncommon water-
quality situations exist throughout the country/ reflecting unusual
geologic and hydrologic conditions.  These include, among others,
thermal areas and regions characterized by high concentrations of cer-
tain elements, some of which may be health hazards.

Examples of anomalous water-quality areas include several playa lakes
arid springs in Texas and Arizona.  Playas are intermittent lakes
which occur throughout much of the arid-lands region west of the Mis-
sissippi River.  Near Willcox, Arizona, salts have become highly con-
centrated in ground water under playas, due to evaporation.  This has
led to extremely high concentrations of fluoride in the water, which
if consumed over a period of time can be toxic.  Many springs in west
Texas and central Arizona are fed by ground water that has migrated
through evaporate (salt) deposits.  Consequently, the springs and
many water courses are salty.
                               -  1-52  -

-------
Water Quality Influenced By Man's Activities

For centuries man has been disposing of his waste products by placing
them in streams, storing them on the ground, or by various methods
putting them in the ground.  Man-made influences on stream-water
quality reflect not only waste discharge directly into the stream, but
also include highly mineralized or polluted surface runoff, which can
carry a wide variety of substances.  Another major influence on sur-
face-water quality is related to the discharge of ground water into
the stream.  If the adjacent ground water is polluted, stream quality
tends to deteriorate.  Fortunately in the latter case, the effect in
the stream will not be as severe as it is in the ground, due to dilu-
tion and dispersion of the pollutant.  In most cases, however, the
general quality of ground water is such that it actually serves as a
dilutant to man-caused surface-water pollution.
                                                               i •

The quality of ground water, in addition to natural inputs, is most
commonly affected by waste disposal.  Another major source of pollu-
tion is the storage of waste materials in excavations, such as pits
or mines.  Water-soluble substances that are dumped, spilled, spread,
or stored on the land surface or in excavations may eventually infil-
trate to pollute ground water resources.  Ground water is also pollu-
ted by the disposal of fluids through wells and, in limestone ter-
rains, through sinkholes directly into aquifers.  Likewise, infiltra-
tion of highly mineralized surface water has been a major cause of
underground pollution in several places.  Irrigation tends to increase
the mineral content of both surface and ground water.  The degree of

                              - 1-53 -

-------
severity of pollution in cases such as these is related to the hydro-
logic properties of the aquifers, the type and amount of waste, dis-
posal techniques, and climate.

A major and widespread cause of ground-water quality deterioration is
related to pumping, which may cause the migration to the well of more
highly mineralized water from surrounding strata.  The migration is
directly related to differences in hydrostatic head  (pressure) between
adjacent water-bearing zones, and relative permeabilities.  In coastal
areas pumping may cause sea water to invade a fresh water aquifer.
In parts of coastal west Florida, wild-flowing, abandoned artesian
wells have salted large areas of formerly fresh or slightly brackish
aquifers, ruining them.

Reclamation of Contaminated Aquifers

As pointed out previously, aquifers react in a manner similar to a
sponge.  Visualize, for example, a bath sponge that has been liberally
injected with soap.  Even though the soapy sponge is filled and the
water squeezed out of it many times, soap bubbles continue to appear
with each new flushing.  It may require hours of flushing and
squeezing to remove all the soap.

The situation is similar in polluted aquifers—once polluted, they
may be exceedingly difficult or impossible to reclaim.  The polluted
water in the aquifer can be treated, perhaps even economically, but
the earth materials forming the aquifer cannot be so treated.

                                 - 1-54  -

-------
Several natural processes tend to degrade or remove certain substances



as polluted water flows through an aquifer.  These natural renovation



processes include dispersion and dilution, in addition to several



geochemical reactions.  Techniques to restore an aquifer include



pumping the ground water to waste and diluting it by artificial re-



charge —methods that are expensive and commonly of questionable eco-



nomic value.  Obviously the most effective method of ground water



quality control is protection from pollution.






CONTROL METHODS








Ground water quality can be maintained by the development and enforce-



ment of surface water effluent standards; land-use regulations;



stringent controls over all types of disposal sites, land spreading



of fertilizers, pesticides and wastes, and storage of solid and liquid



materials; and by careful management of water level and pumping rates



in ground water systems, control of well construction and operation,



air quality control, and control of activities such as mining.  Stat-



utes, rules, regulations, and guidelines must, however, be based on



sound geologic and hydrologic data and interpretations.








Ground Water Quality Problems






Man-influenced ground water quality problems are most commonly re-



lated to:   (1) water-soluble products that are placed on the land



surface and in streams;   (2) substances that are deposited or stored







                               - 1-55 -

-------
in the ground above the water table; and   (3) disposal, storage/ or

extraction of material below the water table.  Many of the pollution

problems related to these situations are highly complex, and some are

not well understood.  Technical solutions to many ground water quality

problems are straightforward and controls are easily implemented, at

least insofar as techniques are concerned.  Legal and social con-

straints, however, may prevent effective control.




A.  Ground Water Quality Problems That

Originate On the Land Surface



Many ground water quality problems are caused by the. disposal of

wastes directly into streams and by the dumping, spreading, or stor-

age of soluble substances on the land surface.  The following table,

although not all-inclusive, lists the major causes of ground water

pollution that originate on the land suface.

      1.  Infiltration of polluted surface water.

      2.  Land disposal of either solid or liquid waste materials.

      3.  Stockpiles.

      4.  Dumps.

      5.  Disposal of sewage and water-treatment plant sludge.

      6.  Salt spreading on roads, airport runways, and parking lots.
                                                                    i
      7.  Animal feedlots.

      8.  Fertilizers and pesticides.

      9.  Accidental spills of hazardous materials, including atomic

          wastes.

     10.  Particulate matter from airborne sources.



                               - 1-56 -

-------
 Infiltration of Polluted Surface Water

 The yield of many wells tapping strearnside aquifers is sustained by
 infiltration of surface water.   In fact,  more than half of the well
 yield may be derived directly from induced recharge from the nearby
 stream,  which may be polluted (Figure 18).  As the induced water mi-
 grates through the ground,  a few substances (although by no means all)
 are diluted or removed by filtration and  sorption.  This is particu-
 larly true where the water flows through  filtering materials,  such as
 sand and gravel.  Filtration is less likely to occur if the water
 flows through large openings such as those that occur in carbonate
 aquifers.  Many pollutants, as for example chloride, nitrate,  and sul-
 fate, are highly mobile, move freely with the water, and are not re-
 moved by filtration.
                Contaminated
Figure 18.  Induced infiltration of contaminated stream water
            may lead to ground water pollution.
                               - 1-57 -

-------
Examples of ground water supplies being degraded by  induced  recharge
of polluted surface water are both numerous and widespread.   In  the
greatest number of cases, the pollution originates from  the  disposal
of municipal or industrial waste directly into the stream, which may
then infiltrate into adjacent aquifers.  In hydrologic situations such
as these, months or perhaps years may be required for the pollutant to
advance from the stream to the well.  Once at the well,  however, the
aquifer between the well and the stream may be completely polluted,
requiring years to recover once the source has been  eliminated.  The
only realistic method of reducing ground water pollution of  this type
is adequate surface water effluent standards, stringently enforced.

Land Disposal of Either Solid or Liquid Waste Materials

One of the major causes of ground water pollution is the disposal of
waste materials directly onto the land surface.   Examples include ma-
nure, sludges,  garbage, industrial wastes,  etc.   The waste may occur
as individual mounds or it may be spread out over the land.  If the
waste material contains soluble products,  they will infiltrate and may ,
lead to ground water pollution (Figure 19).  Similar problems occur
in the vicinity of various types of stockpiles.
                              - 1-58 -

-------
                        o   o   o
                 o--o00o00o00o°0o
                0°00000000000°0-0
                oo - oo . oo ;: oo ? oo
Figure 19.  Leaching of solids at the land surface.  The possibility
            of ground water pollution under these conditions is rarely
            anticipated.
Stockpiles

Perhaps the prime example of ground water pollution caused by stock-
piles is related to salt used for highway snow and ice control.  Not
uncommonly, tons of salt are simply piled on the land surface awaiting
use.  The highly soluble material rapidly dissolves and either infil-
trates or runs off into streams  (Figure 19).  In recent years, many
highway officials have provided some protection for salt stockpiles
by covering them with plastic sheets or storing the salt in sheds.
This is not necessarily done for the protection of adjacent water
resources, but merely to preserve the salt.
Dumps
Investigators recently have begun to take a serious look at the en-
vironmental effect of dumps.  As rainwater infiltrates through trash
                              -  1-59  -

-------
in a dump, it accumulates a wide variety of  chemical  and  biological

substances.  The resulting fluid, or  leachate,  may be highly mineral-

ized and grossly polluted.  As the  leachate  infiltrates,  some of the

substances it contains are removed  or degraded.   Eventually the leach-
                                                                  I
ate may reach the water table  (in some places  "sanitary fills" or

dumps are below the water table), where it flows  in the direction of

the regional ground water gradient  or toward a well (Figure 2-01.   The

potency and degree of mineralization  of the  leachate-polluted ground

water is related to the size and age  of the  dump,  the type  of material

in the dump and surrounding areas through which the leachate flows,

the length of flow path before the  water again appears at the surface,

and the climate.  Pollution of ground water  by leachate from dumps
Figure 20.  Ground water contamination caused by leachate infiltration
            from a dump.
 can be reduced by regulation of the location, construction, and op-

 eration of solid-waste disposal sites.


                              - 1-60 -

-------
Disposal of Sewage and Water Treatment Plant Sludge

The sludge from treatment plants presents not only a significant
waste disposal problem but one that is growing, quantitatively, by
leaps and bounds.  The wastes include lime-rich sludge from water
treatment plants as well as sewage sludge from waste water treatment
plants.  In recent years, municipal officials have attempted to solve
the sewage-sludge problem by spreading the sludge on the land surface
or filling strip mine pits with it.  At first glance this may seem to
be an effective means of disposal, but a wide variety of exotic
chemicals, derived from domestic, agricultural, municipal, and indus-
trial wastes may exist in the sludge as soluble or relatively insol-
uble substances.  When the sludges are used as fertilizers, the sol-
uble compounds may infiltrate while the more insoluble compounds,
many of which may consist of toxic metals, are removed and concen-
trated by plants.  Existing knowledge of the chemical and biological
migration of numerous elements and compounds present in sludges is,
at best, slight.  A great deal of research is needed before land dis-
posal of sewage treatment wastes should be permitted to become com-
monplace throughout the country.

Salt Spreading on Roads

In recent years, particularly since the construction of the inter-
state highway system, water pollution due to wintertime road salting
has become an increasing problem.  The effect is becoming even more
severe as salt usage increases with a concomitant decrease in the use

                              -  1-61 -

-------
of sand.  The salting brings about deterioration of stream quality
due to highly mineralized surface runoff, and the infiltration of
briney water causes ground water pollution.  There appears to be a
direct relationship between degree of pollution, rock type, and amount
of salt used and storage techniques.  Clearly, administrative controls
are needed to protect ground water supplies in the vicinity of major  '
highways and other heavily salted roads and near major points of salt
handling, storage, and distribution.

Accidental Spills of Hazardous Materials

A wide variety of toxic materials are transported throughout the
country by truck, rail, and aircraft; accidental spills of these
hazardous materials are not uncommon.  Presently, there are practically
no controls on transportation of hazardous materials and virtually
no methods that can be used to quickly and adequately clean up an
accidental spill.  Furthermore, immediately following an accident the
usual procedure is to spray the spill area with water in order to
wash, the compounds from the road.  The resulting fluid may then either
f!6w into  a stream or infiltrate into the ground.  In a few cases,
the fluids have been impounded by dikes, which lead to even greater
infiltration.  In any case, water resources may be easily and irre-
parably polluted from accidental spills of hazardous materials.
Spills of atomic wastes constitute a special case because some are
not only highly toxic, but have half-lives of thousands of years.
                               - 1-62 -

-------
Fertilizers and Pesticides

An increasing amount of both fertilizers and pesticides are being used
in the United States each year.  Many of these substances are highly
toxic.  A wide variety, however, become quickly attached to fine-
grained sediment, such as clay and silt particles, a part of which is
removed by erosion and surface runoff.  In many heavily fertilized
areas, the infiltration of nitrate, a decomposition product of ammonia
fertilizer, has grossly polluted ground water.  The consumption of
nitrate-rich water leads to a serious disease in infants commonly
known as "blue babies" (methemoglobinemia).

Reportedly in Colorado automatic fertilizer feeders attached to irri-
gation sprinkler systems are becoming increasingly popular.  When the
irrigation-well pump is shut off, water flows back through the pipe
system into the well.  This creates a partial vacuum in the lines
that may cause fertilizer to flow from the feeder into the well.  Even
more serious is the suspicion that some individuals are dumping fer-
tilizers directly into the well to be picked up by the pump and dis-
tributed to the sprinkler system.  Such practices lead to direct
ground water pollution and should be prohibited.

Animal Feedlots

Animal feedlots cover relatively small areas but provide a huge volume
of animal wastes.  These wastes have grossly polluted both surface and
ground water resources with large concentrations of nitrate.  Even

                              - 1-63 -

-------
small feedlots and liveries have created significant problems.  In one
situation infiltration of livestock wastes continued to pollute ,a pub-
lic well mo.re than 40 years after the livery stable was abandoned
(Figure 21).  In a few areas the liquid runoff from feedlots is col-
lected in lined basins and pumped onto adjacent grounds as irrigation
waters, providing a luxuriant growth.
Figure  21.  Many  shallow wells have been contaminated by the infil-
            tration of animal wastes.
 Particulate Matter From Airborne Sources
                                                                     i
 A relatively minor source of ground water pollution is caused by the
 fallout of particulate matter originating as smoke, flue dust, or
 aerosols.  Some of the particulate matter is water-soluble and toxic,
                                 - 1-64 -

-------
 and  forms  acid water.   Long term environmental effects are unknown,
 largely because they have not been investigated.  An example of this
 type of pollution is airborne chromium-rich dust that discharged
 through the roof ventilators of a factory in Michigan, accumulating
 on the  downwind side of the plant.  The highly soluble chromium com-
 pounds  rapidly infiltrated and polluted a local municipal drinking
 water supply (Figure 22).
    Windblown chrome-laden dust
Figure 22.  Air pollution can  lead to ground water  pollution.
             (From Deutsch, 1961)
 The means of reducing water pollution problems caused by fallout of
 particulate matter is effective air pollution standards and control.
                                - 1-65 -

-------
B. Ground Water Quality Problems Which Originate in the Ground



   Above the Water Table








Many different types of materials are stored, extracted, or disposed



of in the ground above the water table.  Water pollution can oj-igi-



nate from many of these operations.  Some of these, discussed in the



following material, are:



      1.  Septic tanks, cesspools, and privies.



      2.  Hplding ponds and lagoons.



      3.  Sanitary landfills.



      4.  Waste disposal in excavations.



      5.  Leakage from underground storage tanks.



      6.  Leakage from underground pipelines.



      7.  Artificial recharge.



      8.  Sumps and dry wells.



      9.  Graveyards.







Problems often originate in a water table aquifer from these sources



because local laws are lax, they are not enforced, or because they do



not exist.







Septic Tanks, Cesspools, and Privies







Probably the major cause of ground water pollution in the United



States is effluent from septic tanks, cesspools, and privies



 (Figure 23).  Individually of little significance, these devices are



important in the aggregate because they are  so abundant and occur in







                                - 1-66 -

-------
                                  o°°o Leach
   00  00
   O «.0°0 0°C
    * oo • oo
    o _ _ o
  o _ o - o  o - o o - o _
        00 ? 00 « 00
             _ o  o  o-o o
             S0'Water table*"
                                                 .•o__..__.._.o_  .o
                                          o-oo-o
                                          00*0000
                                             o _  _ o
Figure 23.
Percolation through zone of aeration.  Most of the natural
removal or degradation processes function under these con-
ditions.
every area not served by municipal or privately owned sewage treat-


ment systems.  The area that each point source affects is generally


small, since the quantity of effluent is small, but in some limestone


areap effluents may travel long distances in subterranean cavern sys-


tems.
                              i



Most- of the health problems that arise from this type of pollution


are caused by the recycling of effluents through nearby water supply


systems.  This recycling effect was vividly exemplified during an
                                                                   I

investigation in Ohio in 1925 when several pounds of salt were poured


into a privy.  Within two weeks the homeowner's well water turned
                                                      >,

salty (Figure 24).
Water pollution problems related to septic  tanks, cesspools,  and

privies can be controlled only with regulation of construction  and



                                - 1-67 -

-------
installation of this type of device, and with adequate land use reg-

ulation, including limitations on the number of septic tanks per unit

area.
 Fiqure 24.  Shallow wells are commonly contaminated by effluent
             originating at cesspools and privies.
  Holding Ponds and Lagoons



  The second major source of ground water pollution is holding ponds

  and lagoons.  These commonly consist of relatively  shallow  excava-

  tions  that range in surface area  from  a few square  feet to  many acres

   !„ some places  they are euphemistically called "evaporation" ponds.

   such  ponds were commonly  used  to  hold  oil field brines, and when the

   pond  floors  became impermeable, the operators would disc them to in-

   crease infiltration.   Holding ponds are also used to hold municipal
                                   -  1-68  -

-------
sewage and to store large quantities of wastes including a wide var-
iety of industrial chemicals.  The latter wastes are generally char-
acterized by highly concentrated solutions that may contain a wide
variety of toxic compounds.

Special problems develop with holding ponds and lagoons in limestone
terrain where extensive near-surface solution openings have developed.
In Florida, Alabama, Missouri, and elsewhere municipal sewage la-
goons have collapsed into sinkholes draining raw effluent into wide-
spread underground openings.  In some cases the sewage has reappeared
in springs and streams several miles away.  Wells producing from the
caverns could easily become polluted and lead to epidemics  of water-
borne diseases.

Holding ponds are commonly considered to be liquid-tight but the vast
majority leak large quantities of fluids, leading to relatively large
polluted areas.  Although rarely reported, at a large number of indus-
trial sites ground water pollution by leaking holding ponds has been
so extensive that all of the water supplies on the plant property are
grossly polluted and unusable for many purposes without treatment.
As a result, expensive treatment plants have been required.  Moreover/
the ground water may be so polluted that it exceeds surface water
effluent standards and it cannot be pumped into adjacent streams.
                                                                  i

Oil field brines, a highly mineralized salt solution, are particu-
larly noxious and without doubt they have locally polluted both sur-
face and ground water in every state that produces oil.  The brine,

                                - 1-69 -

-------
an unwanted byproduct, is produced  with the oil.  In many  states it
is disposed of by placing it  in  holding ponds from which it ipfil-
trates  into the ground.  Not  uncommonly the oil well has been long
abandoned before it becomes apparent that the adjacent ground water
is polluted.  This, in turn,  may leave no possibility for  recpvery
for  damages by the landowner.
                                             /Source of
                                              contominonfs
                                               Unsoturoted zone .'.'•:.'.•':•;•;
                                               .;•. of percolotion •'•..';••.'.•'.•'•
                                                    :•}'•'• ':'•':':•'' Recharge .mound
                      	 	 	 	 __  Aquiclude	    _^ """• "
Figure 25.
Schematic diagram showing percolation of contaminants
through the  zone  of aeration and in an isotropic Aquifer,
(From Deutsch,  1965)
 If  adjacent ground water  is  not to be polluted, holding  ponds and la-
 goons should be prohibited unless it can be shown, beyond a dpubt,
 that fluids will not leak from them.  In practice this would neces-
 sitate use of an impermeable lining such as heavy plastic.   Clay
 linings have generally proved to be unreliable.
                                  - 1-70 -

-------
Sanitary Landfills







Sanitary landfills generally are constructed by placing wastes in



excavations and covering the material with soil daily—thus the term



"sanitary", to indicate that garbage and other materials are not left



exposed to produce odors, smoke, vermin, and insects.  Even though a



landfill is covered, however, leachate may be generated by the infil-



tration of precipitation and surface runoff.  Fortunately many sub-



stances are removed from the leachate as it filters through the un-



saturated zone, but leachate may grossly pollute ground water and may



even pollute streams if it discharges at the surface as springs and



seeps.







At one site, rejected transformers and capacitors containing poly-



chlorinated bi-phenols from an industrial plant were disposed of in a



municipal landfill.  A number of stillbirths and birth defects soon'



occurred in cattle that drank water from a nearby stream.  Analyses



of the water showed large concentrations of phenols, the origin of



which was, without question, the landfill.







Pollution of ground water by landfills can be prevented by proper



site location to prevent their use in places where leachate can read-



ily enter ground water reservoirs, by regulation of their construct-



ion and operation, and by prohibiting the disposal therein of highly



toxic wastes.
                               - 1-71 -

-------
Waste Disposal in Excavations


Following the removal of clay, limestone, sand and gravel, or other

material, the excavations created by removal of the material are com-

monly left unattended and often are used as unregulated dumps,  "the

quantity and variety of materials placed in dumps and excavations are

almost limitless.  Excavations have been used for the disposal of a
wide variety of liquid wastes, such as oil-field brines and spent
acids from steel mills.  Many also serve as disposal sites for snow

removed from surrounding streets and roads — snow that commonly con-
tains a large amount of salt.  Disposal of these and other wastes in
excavations may lead to ground water pollution.


In the largest number of cases, waste disposal into excavations is

not controlled.  Pollution of ground water by this practice can be

prevented by regulations similar to those' for sanitary landfills.


.Leakage from Underground Storage Tanks                       ,

       i
A growing problem of substantial consequence is leakage from storage
tanks and pipelines leading to such tanks.  Gasoline leakage has
caused severe hazardous pollution problems throughout the nation.
Gasoline, being less dense, floats on the ground water surface and

leaks into basements, sewers, wells, and springs, causing noxious

odors, explosions, and fires.


Obviously, a leaky underground storage unit is difficult to dfetect

                               - 1-72 -

-------
and locate.  Ground water pollution from this source could be mini-
mized by periodic inspections of tanks, including pressure testing,
and careful monitoring of fluid levels.  Metal tanks could be replaced
with tanks constructed or lined with noncorrodable material, such as
fiberglass.  Furthermore, tank-supporting substructures must be cap-
able of sustaining the weight of loaded tanks in order to prevent
settling, which may cause rupturing of pipelines leading to or from
the tank.

Leakage from Underground Pipelines

Literally thousands of miles of buried pipelines crisscross the
United States.  Leaks, of course, do occur, but it may be exceedingly
difficult to detect and locate them.  They are more likely to develop
in transmission lines carrying corrosive fluids.  An example occurred
in central Ohio where a buried pipeline carried oil field brine from
a producing well to a disposal well.  The corrosive brine soon weak-
ened the metal pipe, which then began to leak over a length of several
tens of yards.  The brine infiltrated, polluting the adjacent ground
water, then flowed down the hydraulic gradient and discharged into a
stream.  During the ensuing months, nearly all of the vegetation be-
tween the leaking pipeline and the stream was killed.   The leaking area
of the pipe was detected only because of the dead vegetation and salty
springs.
                                - 1-73 -

-------
A vexing problem of chromium compounds that polluted several shallow
wells in Michigan was traced to a leaky sewer transporting metal
finishing wastes.  Radioactive materials have also leaked from pipe-
lines.  The several leaks reported at the Hanfprd A.E.G. Works came
about as a result of loaded, underground tanks settling differential-
ly into the subjacent earth materials, causing the pipelines carrying
radioactive waste to break at joints.  Such breaks are difficult to
recognize until considerable spillage has occurred.

Artificial Recharge

Artificial recharge includes a variety of techniques used to increase
the amount of water infiltrating to an aquifer.  It consists of
spreading the water over the land or placing it in pits, ponds, or
wells from which the water will seep into the ground, or pumping
water directly into the aquifer.  As water demands continue to in-
crease, there is no doubt that artificial recharge will become in-
creasingly more popular as a means of providing a sustained yield.

Waters used for artificial recharge consist of storm runoff, irriga-
tion return flows, stream water, cooling water, and treated sewage
effluent, among others.  Obviously the quality of water artificially
recharged can have a major effect on the water in the ground.

Sumps and Dry Wells

Sumps and dry wells may locally cause some ground water pollution prob-

                                - 1-74 -

-------
lems  and in places where these structures are adjacent to a stream,



bay, lake, or estuary, may pollute such surface water bodies and



cause eutrophication, leading especially to a proliferation of the



growth of algae and water weeds.  These structures are commonly used



to collect runoff or spilled liquids, which will infiltrate through



the sump.  Sumps and dry wells are typically installed to solve sur-



face drainage problems, so they may transmit to ground water whatever



pollutants are flushed into the well.







Graveyards







Leachate from graveyards may cause ground water pollution, although



cases are not well documented.  In some of the lightly populated



glaciated regions in the north central part of the United States,
                •


graveyards are commonly found on deposits of sand and gravel, because



these materials are easier to excavate than the adjacent glacial till



and, moreover, are better drained so that burials are not below the



water table.  Unfortunately, these same sand and gravel deposits may



also serve as major sources of water supply.  Graveyards are also



possible sources of pollution in many hard rock terrians where there



are sinkholes or a thin soil cover.







An example of the persistence of earlier problems of this nature may



be seen in the case of a gasworks on the south coast of England,



where the presence of hydrogen sulfide in the plant well in the early



1950's was attributed to drainage from a 17th century Black Plague



burial pit through which the well was bored.






                                - 1-75 -

-------
                                  Hydrogen sulfide
             l~l
         l.l.l.l
i   i  i   i  i   i
                      i ... i
I . I  . I
            I  I   I  I   I  1 .  I  I   I
                              I  71.
             IT I  .1,1
     iri . i
                   I .  I
                         III
               1  . I
                           I . I
I  .1 . I   1  I  .1
                   I .  I
                         I   I  1
  I .' ,  I
     111.
            Ill
               J	L
                        I .  '
                           I  , I
                        1.1.1
               l   l  l   i  i   i  i   i
                                 -I—JL
-^T
                         i  ' i ' i  ' rf.i
 T.I.I
   t  I   I
                        1  . ' . '
  i.i.i.i
                '   i  i   i  i   i  i.  '
                                                       '^i'JMmiiWSJWa
                                                |Black Plague
                                                                    al
                                                J , I .  I , I
                                                          1,1,1.1
                                               •U. I , I  , I
                                                              r  r  i
                                                 I   I  I   I
                                                            iii
                                                           I  . I
                                             l . l
  1  . I
                                                 r   i  i   i
                                               J , I , I
                                                   I .  I
                                                            iii
l  l
                                                    i  i   r  i   r
                                                I . I
                                                         J	1	1	L
                                                                _L
                                                         rWater table
                                                           l.i.i
                                             i   i  i   i
Figure 26.  A well on the south coast of England produced hydrogen
            sulfide originating from the leachate from an ancient
            human burial pit.
C.  Ground Water Quality Problems That Originate In The
    Ground Below The Water Table

The following table lists a number of major causes of ground water
pollution produced by the use and misuse of space in the ground below
the water table.
     1.  Waste disposal in wet excavations.
     2.  Drainage wells and canals.
                                -  1-16 -

-------
      3.  Well disposal of wastes.
      4.  Underground storage.
      5.  Secondary recovery.
      6.  Mines.
      7.  Exploratory wells.
      8.  Abandoned wells.
      9.  Water supply wells.
     10.  Ground water development.

Waste Disposal in Wet Excavations

Following the cessation of various mining activities, the excavations
are commonly abandoned; eventually they may fill with water.  These
wet excavations have been used as dumps for both solid and liquid
wastes.  The wastes, being in direct connection with an aquifer, may
cause extensive pollution.  Furthermore, highly concentrated leach-
ates may be generated from the waste due to seasonal fluctuations of
the water table.  In the late 1960's at a lead-zinc mine in north-
western Illinois, processing wastes were discharged into an abandoned
mine working.  The wastes, slowly moving in the ground water, polluted
several farm wells.  Analyses of water from several of the polluted
wells showed high concentrations of dissolved solids, iron, hardness,
sulfate, and, more importantly, heavy metals and cyanide.  The dis-
posal of water soluble waste materials in wet excavations clearly
should be prohibited.
                                - 1-77 -

-------
 Drainage Wells and Canals







 Where surficial materials consist of heavy clay, flat-lying  land may



 be poorly drained and  contain an abundance of marshes and ponds.



 .Drainage of this type  of land is generally accomplished with field



 tiles and drainage wells.  A drainage well is merely a vertical,  cased



 £ole in the ground or  in the bottom of a pond that allows the water



 to drain into deeper,  more permeable materials (Figure 27).   The



 pond water may be grossly polluted which,  in turn, leads to  deterior-



 ation of water quality in the receiving aquifer.
                   Original surface of pond
                                    Drolntd part of pond
                           VV9 VI pVIIU   I
           	Aqolclude	—	—	
    <**—'	-•*-—-Or igin ol_girod i«nt	; —

**>>-— —^N«v» pl6ipin«tric iurfoc« — ——	—

  • ~-^^s^~ ~^" —"" ""— *~"  _	i	__	
—~ ~ '* ~ ~~ —'"
   ~~~ 'Old pl»iom«tric »urfoc«1_	~
Figure 27.  Diagram showing drainage  of a pond into an aquifer through

            a  drain well.

             (From Deutsch, 1965)
 Deepening of stream channels may lower  the  water table.  Where the



 fresh-saltwater  interface lies at shallow depths, lowering of  the



 water table  (whether by channelization,  pumping, or other ca^use)  will
                                  - 1-78 -

-------
  induce upward migration of the saline water; it may even flow into
  the deepened channel and pollute the surface water  (Figure 28). Reduc-
  tion of the depth of the fresh water under these circumstances can
  result in a rise in the level of saline water several times greater
  than the distance the fresh water level is lowered.  The physical
  principles that cause this are complex, and will not be explained here.
              	Original channel
                    X
Figure 28.
            (From Deutsch, 1963)
 In  some  coastal areas,  particularly in Florida,  the construction of
 extensive channel  networks has permitted tidal waters to flow consid-
                                 - 1-79 -

-------
 erable distances inland.   The salty tidal waters infiltrate,  increas-
 ing the salt content of  the ground water in the vicinity of the canal,

 Well Disposal of Wastes

 For decades, man has disposed of  liquid wastes  by pumping them into
 wells.   Since World War  II,  a considerable number of  deep well dis-
 posal projects have come into existence,  usually at industrial sites.
 Industrial  disposal wells range in depth from a few tens of feet to
 several thousand feet.   The injection  of highly toxic wastes  into
 some of these wells has  led to several water pollution problems.   The
 problems are caused by the pollution of fresh water due to'direct in-
 jection into the aquifer as well  as leakage of  pollutants from the
 yell head,  through  the casing, or via  fractures in confining  beds.
 Injection of liquid wastes near Denver by means of deep well  disposal
 apparently  caused an increase in  the frequency  of local earthquakes.
 Deep well injection in the vicinity of Sarnia,  Ontario,  caused sev-
 eral long-abandoned brine wells in Michigan to  flow because of the
 greatly increased aquifer pressure (Figure 29).   In many states in-
 stallation  of new disposal wells  is closely regulated,  but probably
 thousands of abandoned wells are  being used for waste disposal with
 no controls applied.

 Properly managed and designed deep well disposal systems can  be ef-
 fectively used .for  storage of wastes deep underground and may permit
 recovery of the waste in the future.  Before deep well disposal of
.wastes is permitted,  however, there must be an  extensive evaluation

                                -  1-80  -

-------
                                             Liquid contaminants
                                ^.WATER-TABLE AQUIFER
                 - Aquiclude ~~ —~ — —
                                          •«——— •  -New plezometric surface	— -
                                            • Liquid contaminants
                           - — ^Old piezometrlc surface    ~~" ~~: ~~
                 — unginai - —— «^=—**—  ——* -
                 - • gradient — —• — —— —
                                           *S^^^™'vff *J)~'*-Jt^ ff.". >"-„; ;Vo7^
                                               f *i t^it.-.iJf - j-11 lit t^i i* * i •*'«»«•*< n*



                                           •^*V»A'**»***'f A? /.V** *-o «'V*'««e''c
                                           ^? * * * *!>' * Th'itT* * ^g"1 ''> '*o "s. yti ** '^i.1 "ij ti1' ^ < * A *- *  . •
                                           •Sfc,^. y^ y g  >y * ? ^-^ •*'  * *s  <)•.*'• * 9 .0 0
                                           ...... u^'^'yjig.'L^**A!?^jjo « • o o * o. • o j


                                   B. ARTESIAN AQUIFER
Figure  29.
Diagrams  showing  spread  of contaminants  injected
through wells  into water table and  artesian aquifers.
(From  Deutsch,  1963)
of the well  system,  the waste  fluids,  and the rocks  in the vicinity

of the disposal  well.
                                         - 1-81  -

-------
Underground Storage

The storage of material underground is attractive from both economic
and technical points of view.  Natural gas is one of the most common
substances stored in underground reservoirs.  However, the hydrology
                                                                   I
and geology of underground storage areas must be well understood in
order to insure that the materials do not leak from the reserVoir and
pollute adjacent water supplies.

Secondary Recovery

With increased demands for energy resources, secondary recovery, par-
ticularly of petroleum products, is becoming increasingly more impor-
tant.  Methods of secondary recovery of petroleum products consist of
injection of steam  or waters into the producing zone, which either
lowers the viscosity of the hydrocarbon or flushes it from the rocks,
enabling increased production.  Unless the injection well is care-
fully monitored and constructed, fluids can migrate from a leaky cas-
ing and pollute fresh ground water.  This can be most effectively
controlled by adequate secondary recovery design and operation regu-
lations.  It should be noted, however, that petroleum reservoir
flooding may take thousands of gallons per minute of fresh or brackish
water out of the hydrologic cycle throughout the United States.
Mines
Mining has caused a wide variety of water pollution problems.  These
                                -  1-82  -

-------
are caused by pumping of mine waters to the surface,  by leaching of

the spoil material, waters naturally discharging through the mine,  and

by milling wastes, among others.  Literally thousands of miles of

stream and hundreds of acres of aquifers have been polluted by highly

corrosive mineralized waters originating in coal mines and dumps in

Appalachia.  In many western states, mill wastes and leachates have

seriously affected both surface water and ground water.
Many mines are deeper than the water table, and in order to keep them

dry, large quantities of water are pumped to waste.  If salt water

lies at relatively shallow depths, the pumping of fresh water for de-

watering purposes will cause an upward migration of the salt water,

which may be intercepted by the well (Figure 30).  The mineralized

water most commonly is discharged into a surface stream.  In order to

protect ground water and surface water resources, mining activities

must be regulated from their planning phase to final reclamation of

the land.
                                 V  «*r -oiji#«rf  p     y '
                                /\lLi:C   v',?
                         V*'-^1 t < >
Figure 30.
Diagram showing migration of saline water caused by
dewatering in a fresh water aquifer overlying a
saline water aquifer.
(From Deutsch, 1963)


                   - 1-83 -

-------
 Exploratory Wells  and  Test Holes

 Literally  hundreds of  thousands of  abandoned exploratory wells dot the
                                                                   »
 country  sid,e.   Many of these holes  were  drilled to determine the pres-
 ence  of  underground mineral resources  (seismic  shot holes,  coal, salt,
 oil,  gas,  etc.).   The  open holes  permit  water to migrate freely from
 one aquifer to  another.   A fresh  water aquifer  could thus be joined
 with  a polluted aquifer or a deeper saline  aquifer,  or  polluted sur-
 face  water could drain into fresh water  zones (Figures  31 & 32).

Abandoned Wells

Another major cause of ground water pollution is the migration of min-
eralized fluids through abandoned wells  (Figures 31 & 32).  In many
cases when a well is abandoned the casing is pulled  (if there is one)
or the casing may become so corroded that holes develop.  This per-
mits ready access for fluids under higher pressure to migrate either
upward or downward through the abandoned well and pollute adjacent
aquifers.  In other cases, improperly cased wells allow high-pressure
artesian saline water to spread from an uncased or partly cased hole
into shallower,  lower-pressure aquifers or aquifer zones, resulting in
widespread salt intrusion.
                                - 1-84 -

-------
                      Potentiometric surface of
                         saline-water aquifer
Figure 31.
Upward leakage and flow through open holes.  Some
important aquifers have been ruined by improper
drilling practices.
                      Potentiometric
                         surface
                           Water table
Figure 32.
Downward leakage.  Contamination of one aquifer can
affect others in a multi-aquifer system.
                                 - 1-85 -

-------
Water-Supply Wells


Improperly constructed water-supply wells may either pollute an aqui-
fer or produce polluted water.  Dug wells, generally of large diameter
and shallow depth, and poorly protected, are commonly polluted by
surface runoff flowing into the well.  Other situations have been
caused by infiltration of water through polluted fill around a well,
and still others by barnyard, feedlot, septic tank or cesspool efflu-
ent draining directly into the well.  A wide variety of pollution and
health problems can arise because of poor well construction.  These
can be overcome, however, by the implementation of water well con-
struction standards and by the training and licensing of water well
drillers.

Ground Water Development


In certain situations pumping of ground water can induce significant
water quality problems.  The principal causes include interaquifer
leakage, induced infiltration, and landward migration of sea water in
coastal areas.  In these situations the lowering of the hydrostatic
head in the fresh water aquifer leads to migration of more highly
mineralized water toward the well site.  Undeveloped coastal aquifers
are commonly full, the hydraulic gradient slopes towards the sea, and
fresh water discharges from them through springs and seeps into the
ocean (Figure 33).  Extensive pumping lowers the fresh water potentio-
metric surface permitting sea water to migrate toward the pumping
center.   A similar predicament occurs in inland areas where saline

                                                                   i
                                - 1-86 -

-------
water is induced to flow upward, downward,  or laterally into a fresh
water aquifer due to the decreased head  (pressure)  in the vicinity of
a pumping well (Figure 34).  Wells drilled  adjacent to streams induce
water to flow from them to wells.  If  the stream is polluted, induced
infiltration will lead to deterioration  of  the water quality in the
aquifer.
               Water level
               Fresh water
                      Aquifer
   Water level
         A. NATURAL CONDITIONS
B. SEAWATER INTRUSION
Figure 33.   Sea water intrusion is caused by overpumping of  coastal
             aquifers.
                          •L'v/.Cone of
                      	.«Kde
                •".'.::•';''•'C--.-V--''-''.''..*. ••';.':'.'•' J^>
                ." '.«•.' ** • •» * .. - • *.••».• •.-•*. i •»•

             ^ ^ "« — ^ ^ ^ "«W T •.^^•^^^••i «.«^^^ta. ^^^^MLa
Figure 34.  Diagram  showing how a pumping well can induce highly
            mineralized  water to flow from a saline aquifer into
            a fresh  water aquifer.
                                 - 1-87 -

-------
                        Selected References
Deutsch, Morris, 1963, Ground water contamination and legal controls
in Michigan:  U.S. Geol. Survey Water Supply Paper 1691, 79 p.

Deutsch, Morris, 1965, Natural controls involved in shallow aquifer
contamination:  Ground Water, v. 3, no. 3, pp. 37-40.

Johnson, E.E., 1966, Ground water and wells:  Edw. E. Johnson, inc.,
St. Paul, 440 p.

Karubian, J.F., 1974, Polluted ground water:  estimating the effects
of man's activities:  U.S. Environ. Protect. Agency, EPA 600 14-74-002,
99 p.

Leopold, L.B., and Langbein, W.B., 1960, A primer on water:  U.S.
Geol. Survey, 50 p.

Parker, G.G., 1975, Water and water problems in the Southwest Florida
Water Management District and some possible solutions:  Water Resources
Bull., v. 11, no. 1, pp. 1-20.

Parker, G.G., Ferguson, G.E., and Love, S.K., 1955, Water resources of
southeastern Florida with special reference to the geology and ground
water of the Miami area:  U.S. Geol. Survey Water Supply Paper 1255,
965 p.

Pettyjohn, W.A., 1972, Water quality in a stressed environment:
Burgess Publ. Co., Minneapolis, 320 p.

Thomas, H.E., 1951, The conservation of ground water:  a survey of the
present ground water situation of the United States:  McGraw Hill, Inc.,
New York.

Todd, David K. 1970, The Water Encyclopedia: Water Information Center:
Port Washington, New York, 559 p.
                                - 1-88 -

-------
                             CHAPTER II

   SURVEY OF REGULATORY PROVISIONS AFFECTING GROUND WATER QUALITY

Control of water pollution logically includes both water in streams
and water in the ground; they are interconnected bodies of water that
affect and support one another.  And yet these two phases of water
present largely different problems in water pollution control.  A
polluted stream may be "cleaned up" by vigorous enforcement of laws
enacted after the problem is recognized.  A ground water source, on
the other hand, in effect may be permanently spoiled if pollution is
not prevented.

Complicating the problem in ground.water pollution is the difficulty
of monitoring and stopping pollution.  A  state agency can monitor
the streams of the state to determine where surface water pollution
is occurring, and can place limits on discharges into these streams.
A similarly direct monitoring and limitation of ground water pollution
is not possible.  Ground water pollution can occur almost anyplace,
it can occur much more secretly, and measurement of its impact on
ground water is usually impossible within the time in which action
must be taken to avoid permanent damage.

Thus, unlike the thrust of the regulatory effort to control pollution
of streams (as in current federal and state water pollution control
laws), laws and regulations to prevent ground water pollution do not
center around a single permit system but are directed at a variety of

                               - II-l -

-------
activities each requiring a special type of expertise and administra-
tive structure.  For example, prevention of ground water pollution
from solid waste or septic tank leachate requires an expert's know-
ledge of geology and soils and of their ability to absorb such leach-
ate, applied to regulation of the individual sites that produce it;
prevention of ground water pollution from water or oil well drilling
requires an expert's knowledge of those subjects, applied to regula-
tion of the individual activities that may cause it.

Statutes and regulations which protect ground water reflect the dif-
ficult and complex nature of ground water pollution control.  In order
to give some order to a description of state controls, so that the
reader may more readily comprehend the subject, the material in the
following chapter is presented under the headings of ten "control
points", as follows:

     1.  Surface Water Standards                            II-6
     2.  Land Use Regulations                               11-13
     3.  Control of Waste Disposal Sites                    11-17
          a.  Solid Waste Disposal                          11-17
          b.  Individual Sewage Systems (septic tanks)      11-28
          c.  Animal Feedlots                               11-36
          d.  Deep Well Disposal of Wastes                  11-45
          e.  Other Well Disposal of Wastes                 11-56
     4.  Management of Water Levels and Pumping Rates       11-57
     5.  Control of Well Construction and Operation         11-94
          a.  Water Wells                                   11-94
          b.  Oil and Gas Wells                             11-101
                             - II-2 -

-------
     6.   Air Quality Standards                             11-111
     7.   Control of Land Spreading of Potential Pollutants 11-112
          a.  Irrigation Using Waste Water                  11-112
          b.  Land Disposal of Wastes                       11-118
          c.  Other Substances                              11-122
      8.  Control of Storage Areas                          11-123
          a.  Storage of Waste                              11-123
          b.  Storage of Materials other than Waste         11-129
      9.  Control of Mining and Quarrying                   11-132
     10.  Control of Transportation and Handling of Fluids  11-134
          a.  Surface Pipelines                             11-134
          b.  Sewers                                        11-134
          c.  Spills                                        11-135

One thing that the reader may perceive from this list is that control
points that can effect protection of ground water are typically not
primarily designed to do so.  Surface water standards, for example,
which are established for streams and rivers, have a substantial ef-
fect on ground water quality by improving the quality of stream water
that infiltrates into adjoining aquifers.  Likewise, control of air
pollution affects ground water because particulate matter (smoke) falls
to the ground over a wide area, to be dissolved by rainfall or snow-
melt and enter the soil and possibly an aquifer below.  Land use reg-
ulations, as in local zoning, can be used to protect ground water by
preventing location of polluting activities in areas where ground wa-
ter pollution is likely—e.g., location of lagoons or solid waste dis-
posal sites in flood plains, or use of septic tanks where soils are
thin.
                             - II-3 -

-------
Even where a regulatory scheme is designed
in mind, it is usually only one of several
with ground water protection
objectives.  Solid waste
disposal regulations typically have provisions specifically concerning
ground water, yet their primary purpose is a more general one of pre-
venting health hazards and nuisances—disease, rats, smoke, odors, un-
sightliness, etc.  Septic tank regulations are primarily designed for
similar reasons—to prevent location or operation that can result in
pollution of nearby wells, or surface drainage that can cause disease
or nuisances.  Some water well regulations bear no indication of ah
intent to prevent pollution of ground water resources in the area of
the well, but appear designed solely to prevent entry of pollutants
into the water that the user receives from the well; nevertheless,
proper construction of a well may prevent pollution of an aquifer.
Even in regulation of deep well disposal of wastes, ground water pro-
tection is only one consideration—others are prevention of damage to
mineral deposits, prevention of the possibility of escape to toxic
pollutants to the surface, and prevention of earthquakes.

More subtle is the role of an activity such as management of water
levels and ^pumping rates.  Generally, one thinks of this "control
point" as bearing only on allocation of rights to use water.  However,
near a seacoast, uncontrolled pumping may cause salt water intrusion
into fresh water aquifers; inland, pollution may occur as heavy pumping
induces polluted water or highly mineral or saline waters to enter
unpolluted aquifers.  In any area where ground water pollution has
occurred, from stream infiltration or from any of a number of sources,
pumping may cause pollutants to move into unpolluted aquifers, causing

                               - II-4 -

-------
damage to the water resource that, as a practical matter, may be ir-
reversible.  To control this aspect of ground water pollution, a state
must be able to control water use where it needs to.

Under some of the control points, there is little or no regulation to
refer to.  States have not generally begun to regulate land spreading
of potential pollutants (Control Point 7) or storage areas (Control
Point 8).  These are areas in which the hazard to ground water is ex-
pected to increase as enforcement of stream standards improves under
the Federal Water Pollution Control Act Amendments of 1972—if a per-
son is stopped from discharging waste into streams, he is likely to
store or spread it on the ground as the simplest alternative in deal-
ing with it.

Other potential causes of ground water pollution that appear generally
to be unregulated include leakage from buried gasoline storage tanks,
spreading of chemicals (e.g., salt) on highways, leaching from storage
piles such as salt or industrial materials, leakage from sewer lines,
spreading of agricultural chemicals, and accidental spills of hazar-
dous materials.  Information is lacking as to the seriousness of the
threat posed generally by these sources, although it is evident that
in a particular case, any of them could seriously affect an aquifer.

Such a list of unattended potential problems also suggests the variety
of agency involvement that may be required in preventing ground water
pollution.  Gasoline storage is normally a responsibility of the State
Fire Marshal's Office; highway salting comes under a Department of

                               - II-5 -

-------
Highways; sewer lines under a Department of Health or an EPA; and
agricultural chemicals under a Department of Agriculture.  The entire
list of control points (above) suggests involvement of other agencies—
an agency that regulates oil and gas production, another that regu-
lates mining, various state water resources and natural resources
agencies, an air pollution control agency, planning and zoning agen-
cies, and various local agencies and subdivisions of government.

The following description does not allude to all the regulations of
all the states, nor is it intended to set forth the best or even aver-
age examples of regulations of the various types presented.  It is in-
tended only to illustrate the range of existing controls applicable to
ground water pollution and, by reference to principal types of existing
and proposed regulations, to suggest types of controls that are avail-
able.
Control Point 1:  SURFACE WATER STANDARDS

Standards for control of the quality of water in streams, riversf
lakes, swamps and other surface accumulations of water are controlled
by federal and state laws and regulations.  Each state has a statute
directed at this type of control.  Since the enactment of the Federal
Water Pollution Control Act Amendments of 1972 (Public Law 92-500),
however, the states have had to conform their statutes and regulations
to federal requirements.

                               - II-6 -

-------
The federal law declares a national goal of elimination of the dis-
charge of pollutants into navigable waters by 1985.  A state that
wishes to handle issuance of water pollution control permits under the
federal system (the National Pollutant Discharge Elimination System)
must enact a statute in compliance with the federal requirements.

A central aspect of the federal law, requiring an important change in
existing state laws, is the establishment of effluent standards.  Thus,
rather than using effect of a particular pollution source on the re-
ceiving water as the measure for limiting discharges, it attempts to
enforce stream quality standards by setting limitations on all dis-
charges into navigable waters.  By July 1, 1977, effluent limitations
for point sources other than publicly owned treatment works are to be
achieved which shall require the application of the best practicable
control technology currently available.   (A "point source" under the
federal law is "any discernible, confined and discrete conveyance, in-
cluding but not limited to any pipe, ditch, channel, tunnel, conduit,
well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, or vessel or other floating craft, from which pol-
lutants are or may be discharged.")   For publicly owned treatment
works, effluent limitations are based on secondary treatment.  There
are also effluent limitations on discharges into publicly owned treat-
ment works.

For a state program to be approved so that it may handle issuance of
water pollution control permits, it must have an approved planning
process, the program must conform to guidelines for minimum procedural

                               - II-7 -

-------
and other requirements for state programs, and the EPA Administrator.



must approve the state's permit program.  For a state program to be



approved, in addition to specified procedural and enforcement require-



ments, it must:



      1.  Authorize inspection, monitoring, entry, and reporting re-



          requirements as extensive as those authorities of the EPA



          Administrator;



      2.  Contain adequate authority to abate violations, including



          civil and criminal penalties;



      3.  Require permits for publicly owned treatment works to con-



          tain conditions requiring adequate notice of new introduc-



          tions into the works of pollutants from any source and



          notice of substantial changes in volume or character;



      4.  Ensure that industrial users of public treatment works are



          paying the applicable user charges, complying with pretreat-



          ment requirements, and with monitoring, reporting, and record



          keeping requirements;



      5.  Through its permit program, ensure compliance with effluent



          and other limitations, with national standards of performance,



          and with pretreatment requirements.







A model law to enable states to participate in the National Pollutant



Discharge Elimination System has been proposed by the Council of State



Governments.   The law prohibits discharge of pollutants other than in



compliance with the law, then authorizes the agency to issue permits



for the discharge of pollutants upon condition that the discharge




meets applicable state and federal water quality standards and efflu-







                              - II-8 -

-------
ent limitations.  Two principal provisions of the act are:

     General Terms and Conditions of Permits
          a.  The Director is authorized to require as conditions in
              permits issued under this Act the achievement of:
               1.  effluent limitations based upon the application of
                   such levels of treatment technology and processes
                   as are required under the Federal Water Pollution
                   Control Act, as amended.
               2.  any more stringent effluent limitations necessary
                   to meet water quality criteria established pursuant
                   to any state or federal law or regulation.
          b.   Effluent limitations prescribed under subsection  (a.)
               of this section shall be achieved in the shortest rea-
               sonable period of time consistent with state law and
               the Federal Water Pollution Control Act, as amended,
               and any regulations or guidelines promulgated there-
               under .
          c.   The Director is further authorized to:   (1) set and
               revise schedules of compliance and include such sched-
               ules within the terms and conditions of permits for
                                                      i •  \
               the discharge of pollutants; and  (2) prescribe terms
               and conditions for permits issued under this Act to
               assure compliance with applicable state and federal ef-
               fluent limitations and water quality criteria, including
               requirements concerning recording, reporting, monitor-
               ing, entry and inspection to the extent permissible  <

                              - II-9 -

-------
               under sections 13 and 14 of this Act, and such other
               requirements as are consistent with the purposes of
               this Act.

Prohibition Against Issuing Permit in Certain Instances

     No permit shall be issued authorizing any of the following dis-
     charges :
     a.  The discharge of any radiological, chemical, or biological
         warfare agent or high level radioactive waste;
     b.  Any discharge which the Secretary of the Army, acting through
         the Chief of Engineers, finds would substantially impair an-
         chorage and navigation of any waters of the United States;
     c.  Any discharge to which the Administrator of the U.S. Environ-
         mental Protection Agency, or his designee, has objected pur-
         suant to any right provided to the Administrator under the
         Federal Water Pollution Control Act, as amended;
     d.  Any discharge which is in conflict with an area-wide waste
         treatment management plan approved under the Federal Jtfater
         Pollution Control Act, as amended.

The federal law applies to "navigable waters" which are defined as
"waters of the United States".  State laws typically apply to all wa-
ters of the state, including ground water; the extent to which the
federal law may be applied to ground water is not clear.  In requiring
improvement of the quality of navigable waters, the federal law will,
in fact, have an effect on the quality of ground water because it will

                              - 11-10 -

-------
improve the quality of water entering the ground by infiltration from
the surface.  The U. S. EPA has also identified some specific controls
on activities affecting the quality of ground water, as follows:^

      1.  The EPA will establish ground water criteria for treatment
          works it funds.
      2.  It will structure its permitting, planning, and research to
          provide states with the maximum incentive to establish full
          ground water regulatory programs of their own, including
          ground water monitoring.
      3.  Effluent guidelines (applicable to point source discharges
          into navigable waters) will be developed with appropriate
          reference to the potential for ground water pollution that
          may result from the use of a particular treatment technology,
      4.  Dischargers which contemplate a change from direct discharge
          to land disposal or employ a combination of discharge and
          land disposal, as part of a program to comply with the ef-
          fluent limitations of a permit, will be given permits con-
          taining conditions to minimize the damage to underground and
          surface water resources.  (It has been observed that the fed-
          eral law was not intended to purify surface water at the ex-
          pense of ground water.)
      5.  Municipal permits will require municipal regulatory controls
                                                                    i
          to protect ground water from facilities presently connected
          into a municipal sewer system but which, because of pre-
          treatment, user charge, or cost recovery requirements,
          change to a land disposal technique.  Conditions will alsp

                              - 11-11 -

-------
          be set for pretreating industries which use publicly owned
          treatment works.
      6.  Grants for construction of publicly owned treatment works
          employing land disposal or aquifer recharge will be contin-
          gent on the design of the project to meet specific ground
          water quality standards.  The same criteria may be applied
          to industry.
      7.  The Act requires any areawide planning process to include a
          process to control disposition of all residual waste gener-
          ated in the area, including surface or subsurface disposal,
          to protect ground water quality.  (Currently, the EPA has
          produced a draft of guidelines for land disposal of wastes.)
      8.  The Act requires that for a state to maintain federal ap-
          proval of its program, it must either prohibit the disposal
          of pollutants into wells, or control such disposal in order
          to prevent pollution of ground and surface water resources
          and to protect the public health and welfare.  (The EPA
          adopted a "Policy on Subsurface Emplacement of fluids by
          Well Injection" on April 2, 1974.  See also reference to the
          Safe Drinking Water Act, below0
      9.  The EPA will conduct research on pathways of ground water
          pollution; states will be required to report on ground
          water under the requirement of the act that each state re-
          port annually on non-point sources of pollution; states may
          be assisted in establishing ground water monitoring systems.

In any examination of federal EPA authority concerning ground water,

                              -  11-12 -

-------
reference should be made to the Safe Drinking Water Act of 1974  (Public
Law 93-523).  Essentially directed at assuring that public water sys-
tems are adequately supervised by the states to assure safe drinking
water, the Act also gives the EPA Administrator the duty to adopt reg-
ulations for state underground injection programs, and authorizes him
in an emergency to take whatever action he deems necessary to protect
health where a contaminant is likely to enter a public water system.
Control Point 2:  LAND USE REGULATIONS

Land use regulation involves making a determination as to a best allo-
cation of activities, prohibiting certain activities in areas where
they would tend to be detrimental to the public health, safety, and
welfare.  Flood plain zoning is a natural resource related type of
land use regulation intended to preserve life and property by con-
trolling development in areas subject to flooding.  Even in estab-
lishing  conventional urban zoning, natural resources may be protected
or preserved for utilization if the plan upon which the zoning is
based takes into consideration the presence of water resources, scenic
areas, mineral deposits, etc.  Water and air pollution problems may be
avoided by considered location of certain industrial activities, by
prohibiting unsewered development in areas where the topography 'or
soil types will be likely to result in water pollution if septic tanks
are used, or by prohibiting location of solid waste disposal sites or
waste lagoons in areas where the likelihood of their causing ground

                              - 11-13 -

-------
water pollution is unreasonably high.  Zoning has been proposed as a
means of preventing especially critical ground water recharge areas
from being covered by buildings, parking lots, and roads.

A number of states have recently enacted statutes to regulate land use
to protect natural features such as shorelines and wetlands.  Others
have enacted statewide land use laws with more general objectives of
requiring wise development and preserving natural resources.  The
statutes typically include protection of water quality as one of their
objectives.

California's Coastal Zone Conservation Act is designed to protect the
coastal zone as "a distinct and valuable natural resource belonging to
                                                               "4
all the people and existing as a delicately balanced ecosystem.    A
narrow part of the zone, extending from the seaward limit of the
state's jurisdiction to a line 1,000 yards landward from the mean
high-tide line, is designated the "permit area" in which one must ob-
tain a permit in order to subdivide, to build a structure, to grade,
dredge, etc., dispose of any waste, or change the intensity of use of
water, the ecology related thereto, or access thereto.  To obtain a
permit, the applicant must show that the development will not have any
substantial adverse environmental or ecological effect, and that the
development is consistent with the declarations and objectives of the
law.

Under Florida's Environmental Land and Water Management Act of 1972,,an
"area of critical state concern" may be designated for an area having a

                              - 11-14 -

-------
significant impact upon environmental, historical, natural, or archeo-
logical resources of regional or statewide importance; an area affected
by a major public facility; or a proposed area of major development po-
tential.5

In such an area, local land development regulations must comply with
principles for guiding development specified under the rule designating
the area.  The law also controls "developments of regional impact"—any
development which would affect the health, safety, or welfare of citi-
zens of more than one county.  One of the considerations required to be
used in adopting guidelines and standards for such a development is the
extent to which the development would create or alleviate environmental
problems such as air or water pollution or noise.

Another type of environmental land use law that can affect ground war
ter is the "wetlands" statute, such as those of Delaware, New York,
and Wisconsin.  The Delaware statute, for example, identifies the
following needs for protecting wetlands:

     1.  The wetlands are sources of nutrients to marine life
         of economic value;
     2.  The wetlands are habitats for plants and animals of signifi-
         cant economic and ecological value necessary to marine com-
         merce, recreation and aesthetic enjoyment;
     3.  Wetlands reduce flood damage and they absorb silt, thus pre-
         venting silting of harbors and navigation channels.
                              - 11-15 -

-------
The statute defines wetlands as marshes, swamps, and other lowlands
alonj.g the coast that are subject to tidal action, and certain contigu-
ous areas where fresh water stands most of the time due to high water
table and which contribute significantly to ground water recharge.
Activities in the wetlands require a state permit, one of the factors
in issuance of which is the effect of site preparation and the pro-
posed activity on the quality and quantity of tidal waters, and sur-
face and ground water resources.

A few states have statewide land-use laws.  Under the Maine Land Use
Law, for example, a commission appointed by the Governor establishes
three types of districts in the unorganized (non-municipal) portions
of the state:  Protection  (where development would jeopardize signif-
icant natural, recreational, and historic resources, including flood
plains, precipitous slopes, wildlife habitat, and other areas critical
                                                                |
to the ecology of the region or state); Management  (forest, agricul-
ture) ; and Development  (industry, residential areas, removal of min-
erals) .   A permit must be obtained from the state to sell lots q>r
perform construction in such areas.

Land use standards adopted by the commission are  (among other things)
to encourage the most desirable and appropriate use of air, land,, and
water resources consistent with the comprehensive land use plan; re-
duce water pollution and other environmental intrusions; and reflect
                                                                 i
a consideration of the  availability and capability of the natural re-
sources base.  Criteria for approval of a permit application include
requirements that:

                              - 11-16 -

-------
      1.  Adequate technical and financial provision has been made for

          meeting the state's air and water pollution control stand-

          ards, for solid waste disposal, for controlling of offensive

          odors, and for the securing and maintenance of sufficient

          healthful water supplies;

      2.  Adequate provision has been made for fitting the proposal

          harmoniously into the existing natural environment in order

          to assure there will be no undue adverse effect on existing

          uses, scenic character, and natural and historic resources

          in the area;

      3.  Uses of topography, soils, and subsoils meet standards of

          the current Soil Suitability Guide for Land Use Planning in

          Maine, or which are adaptable to the proposed use pursuant

          to said guide and will not cause unreasonable soil erosion

          or reduction in the capacity of the land to absorb and hold
                                                                     i
          water.



Control Point 3:  CONTROL OF WASTE DISPOSAL SITES



A.  Solid Waste Disposal



Most states have statutes that prohibit disposal of solid waste with-

out a permit from either a local or state agency.  The statutes typi-

cally authorize a state agency to adopt regulations, and leave it to

the adopting agency to set requirements for the varying conditions

that may exist.
                              - 11-17 -

-------
An example of brevity is the Minnesota statute, which requires the
pollution control agency to adopt standards for the control of the
cqllection, transportation, and disposal of solid waste for the pre-
vention and abatement of water, air, and land pollution, "recognizing
that due to variable factors, no single standard of solid waste con-
trol is applicable to all areas of the state".8  The agency is in-
structed to take into consideration physical conditions, topography,
soils and geology, climate, transportation, and land use; the stand-
ards are to be "premised on technical criteria and commonly accepted
practices".  A similar provision authorizes adoption of regulations
relating to collection, transportation, disposal, equipment, location,
procedures, methods, systems, or techniques.

Other statutory provisions typically relate to inspection and enforce-
ment authority, penalties, and appeals.  The statute also will contain
definitions so that the scope of the agency's authority is defined,
including specification of the types of waste included  (garbage, rub-
bish, demolition materials, etc.),                                  .  .

Typical regulations cover information and other requirements for ob-
taining a permit, site selection, specifications concerning proximity
of water resources, prohibited types of disposal, and construction,
equipment, operation, reporting, monitoring, and closing requirements.

Information and Other Requirements for Obtaining a Permit

T"he regulations typically require, as a condition for issuance of a
permit:
                             -  11-18  -

-------
1.  Plans and specifications for the proposed site and facility;



    some states require that these be prepared by a registered



    professional engineer.



2.  A map or aerial photograph of the area showing land use



    within the adjoining area.  Locations of water wells may be



    required.  Delaware requires wells within one mile of the



    site to be identified, but the requirement in other regula-

                                                      g

    tions is usually less than this, down to 500 feet.



3.  A report on geologic formations and soil conditions (the



    Wisconsin regulation specifies three borings for a site up



    to five acres in size, one boring for each additional five



    acres up to 50 acres, and one boring for each additional



    50 acres),    including depth to ground water.  The Florida



    regulation additionally requires a hydrologic survey.  ^



    Illinois requires data describing soil classification,



    grain size distribution, permeability, compactability, and



    ion-exchange properties of the subsurface materials for



    those strata essential to design of the landfill; compre-



    hensive analysis of water samples from on-site and nearby



    wells; and a description of ground water conditions in-



    cluding flow below and adjacent to the proposed site,  with



    an appraisal of the effect of the landfill on ground and


                   12
    surface waters.



4.  A description of surface drainage patterns.  The California



    regulation requires calculations for the flooding frequency



    of streams within or adjacent to the site.



5.  A  report of:







                        - 11-19  -

-------
          a.  Population and area to be served by the facility;

          b.  Anticipated type, quantity, and source of wastes;
                              t
          c.  Source and characteristics of cover material;

          d.  Type and amount of equipment, and operating plans;

      6.  Information concerning measures proposed for prevention of

          water pollution and for control of drainage, leachate, and

          gases.




Frequently, the statute or regulation will require that a representa-

tive of the regulating agency inspect the site prior to issuance of

license.




Some regulations also require a statement or plan as to ultimate use

of the site after closing.




The Michigan statute requires that the applicant for a license be a

"responsible and suitable person to conduct the business".    That

statute also requires a surety bond of $500 per acre for the proposed

site, with a minimum of $2,500.




Statutes often exempt dumping by a person of his own wastes on his

own property.




Site Requirements


                                          i
California's regulation classifies sites according to types of waste

that are acceptable.^  A "Class II" site, for instance, is for gar-




                              - 11-20 -

-------
 bage, rubbish, construction and demolition materials, street refuse,
 etc.  Such a site overlying usable ground water must be "naturally
 capable of preventing lateral and vertical hydraulic continuity be-
 tween liquids and gases emanating from the waste in the site and us-
 able surface or ground waters, or the disposal area has been modified
 to achieve such capability"; or, if the site does have vertical and
 lateral continuity with usable ground water, then "geological and
 hydraulic features such as soil type, artificial barriers, depth to
 ground water, and other factors will assure protection of the quality
 of usable ground water."

Such a site must also meet the following criteria:

       1.  Protected by natural or artificial features so as to assure
            protection from any washout and from inundation which could
           occur as a result of tides or floods having a predicted
           frequency of once in 100 years.
       2.  Surface drainage from tributary areas shall not contact
           wastes in the site during disposal operations for the
           active life of the site.
       3.  Gases and leachate emanating from waste in the site shall
           not unreasonably affect ground water during the active life
           of the site.
       4.  Subsurface flow into the site and the depth at which water
           soluble materials are placed shall be controlled during
           construction and operation of the site to minimize leachate
           production and assure that the waste material will be above

                                - 11-21 -

-------
          the highest anticipated elevation of the capillary fringe
          of the ground water.

Class I sites, for toxic wastes, are subject to considerably more se-
vere restrictions.  Class III sites, for inert materials, are much
less restricted.

Some site restrictions in regulations are phrased as prohibitions.
The Florida regulation, for example, prohibits disposal  (unless ap-
proved by the department):

      1.  In a body of water or in the watershed of a surface public
          water supply where runoff or leachate may result in viola-
          tion of pollution control laws or regulations;
      2.  On the banks of a stream connected to the Floridan aquifer;
      3.  In a sinkhole;
      4.  In a limestone or gravel pit;
      5.  In an area subject to flooding (unless approved drainage
          is installed);
      6.  Where the water table is less than five feet below the
          normal ground surface;
      7.  In an area immediately adjacent to or within the cone of
          influence of public water supply pumping;
      8.  Within 200 feet of a habitation or place of business served
           i
          by a public water supply, or within 1,000 feet of one that
          depends upon a shallow well supply.

The Michigan guidelines provide minimum setback distances from bodies
                              - 11-22 -

-------
of; water.:'-7  They specify also that in permeable soils, at least 2,000
feet isolation should be maintained, in the direction of ground water
movement, from properties where domestic wells exist or may be drilled.
For large capacity wells, additional isolation may be required.  The
Michigan guidelines, as do regulations of other states, contain sev-
eral specifications for various types of soil, bedrock, and water
situations.  The Minnesota regulation prohibits location of a solid
waste disposal site within one mile of a municipal well or water in-
     18
take.    A number of regulations require a minimum vertical distance
                                                  1 Q
to ground water, ranging from two feet in Delaware   to ten feet in
Minnesota and Wisconsin.20


Hazardous Wastes


The regulations contain special provisions for disposal of hazardous
wastes, such as toxic substances.  Generally, the statute or regula-
tion defines the category and prohibits disposal in a solid waste site
without specific approval of the agency.  They frequently require that
such wastes be disposed of in a separate area, or that they be neutral-
ized, if possible.


The California regulation controls disposal of hazardous wastes by its
system of categorizing types of disposal sites, wherein only the
                                       21
"Class I" site may receive such wastes.    Requirements for such a site
are strict, requiring in effect that there be no possibility of liq-
uids reaching water resources either downward or through inundation
or washoqt.

                             - 11-23 -

-------
The Wisconsin regulation applies special provisions to toxic and haz-
ardous wastes, including quarterly reports of the quantities and types
of such wastes disposed of at the operation during the previous cal-
endar quarter, the requirement that wells be provided at locations
specified by the department, and that samples from these wells be col-
                              22
lected and analyzed quarterly.    This regulation requires as a condi-
tion for obtaining a permit to dispose of toxic or hazardous wastes
that the applicant (among other things) provide a list of chemical and
trade names of all wastes, names and addresses of initial sources and
transporters, and a report of the average quarterly waste quantities
in both pounds and gallons to be disposed of at the site.

The Oregon statute requires that an applicant for a permit to operate
a waste disposal site to receive "environmentally-hazardous wastes"
must as a condition of issuance of the permit, convey the land to the
state.  The statute prohibits disposal of hazardous wastes other than
                                    23
Upon real estate owned by the state.

Other Requirements in Solid Waste Laws and Regulations

The regulations contain requirements for operation of disposal sites,
such as the amount and frequency of covering and compaction as wastes
are deposited, method of filling, placement of impermeable barriers,
grades, method of confining windblown material, and requirements for
fences, roads, signs, and screening by vegetation.

The statutes or regulations typically prohibit open burning and open

                              -  il-24  -

-------
dumping without covering.  They require that dust, insects, and vermin



be effectively controlled, and that fires be prevented.







The regulations frequently require that surface drainage be diverted



from the working area.  Soae regulations require that surface runoff



from a site be treated to comply with water pollution control standards.







A number of regulations require installation of monitoring wells, but



leave to the administering agency the decision as to when and where



this is required, on an individual site basis.  Pennsylvania requires


                                                                      24
at least one well in each dominant direction of ground water movement.







The Florida regulation requires that where the gas generated by the



decomposition of wastes cannot readily be dispersed into the atmo-


                                               25
sphere, a gas control system shall be provided.







Upon closing a sanitary landfill, some regulations require seeding,



contouring, and other reclamation-type work.  The Wisconsin regulation



authorizes the department to require installation of monitoring wells


                                                                 26
and water quality sampling and analysis after the site is closed.



The Model State Solid Waste Management and Resource Recovery Incen-



tives Act of the Council of State Governments  (1972) proposes a re-



quirement that all persons operating under permit be required, upon



completion of a sanitary landfill, to file a plat of the site with



the county recorder, together with a description of the waste placed



therein.
                              - 11-25 -

-------
the Model Act contains some broader approaches to avoiding solid waste
disposal problems by requiring that each municipality develop a solid
Waste management plan, by enabling inter-municipal cooperation in
solid waste disposal, and by establishing tax incentives to encourage
recycling in order to reduce the volume of solid waste.

Federal Guidelines

the Administrator of the U. S. Environmental Protection Agency has
prepared Solid Waste Management Guidelines for the disposal of muni-
cipal waste under directive of the 1970 amendments to the Solid Waste
Disposal Act of 1965  (Public Law 89-272).  The guidelines represent
the judgment of the EPA regarding what is necessary to assure both
environmental protection and satisfactory and acceptable design and
operation of land disposal facilities.  They are intended to be achiev-
able using current technology, while providing flexibility for unique
and specific climatological, geological, geographical, and related
conditions.

the guidelines are recommended for adoption by state and local gov-
ernmental agencies; they are mandatory for federal agencies and for
solid waste disposal on any federal lands.

The following is a brief description of the guidelines.

Selection of Wastes and Special Handling.  The guidelines suggest con-
sultation between responsible agencies, the designer, and the owner-

                              - 11-26 -

-------
operator as to what wastes will be accepted; and specification in the
plans for procedures to be employed for wastes requiring special
handling.  They specify procedures for handling bulky wastes, dead
animals, water treatment plant sludges, and incinerator and air pollu-
tion control residues  (sludges and residues to be placed on the work-
ing face of the fill).  The following wastes require specific approval
of the agency:

     Hazardous wastes  (toxic, corrosive, infectious, explosive, etc.)
     Infectious institutional wastes
     Bulk liquids and semi-liquids
     Sludges containing free moisture
     Highly flammable or volatile substances
     Raw animal manure
     Septic tank pumpings
     Raw sewage sludge
     Certain industrial process wastes
                                                                   i

Site Selection and Development.  Site development plans .should be pre-
pared or approved by a professional engineer.  They should include
initial and final topographies at contours of five feet or less; land
use and zoning within a quarter mile of the site including locations
of all buildings, roads, wells, watercourses, etc.; all airports with-
in five miles (the site should not be located where the attraction of
                                                                   i  1i
birds would pose a hazard to low-flying aricraft); projected use of
the completed land disposal site (the guidelines indicate criteria for
cultivation or structural use).  Also to be performed are an evaluation

                              - 11-27 -

-------
of hydrogeology of the site to minimize impact on ground water re:
sources, and evaluation of soil characteristics.

The guidelines state that "the location, design, construction, and op-
eration of the land disposal site shall minimize environmental hazards
and shall conform to the most stringent of applicable ground and sur-
face water quality standards and requirements."  They then specify that
plans shall include current and projected use of water resources, in
the potential zone of influence of the site; facts concerning water
resources including initial quality; proposed location of observation
wells; description of soil to a depth adequate to allow evaluation of
water quality protection provided by it; provision for surface water
runoff control; and potential of leachate generation and proposed
control systems.  If in a flood plain, the site should be protected
against at least the 50 year design flood.

Surface watercourses and runoff are to be diverted from the site, by
trenches,  grading,  and manner of construction.   Leachate collection
and treatment systems should be used where necessary.

Operation.   The guidelines contain provisions concerning:

     Dust and litter control
     Open burning (prohibited)
     Decomposition gases
     Vectors (carrier capable of transmitting pathogens)
     Aesthetics

                             -  11-28  -

-------
     Cover material



     Compaction



     Equipment



     Safety



     Records







B.  Individual Sewage Systems  (septic tanks)







While prevention of ground water pollution is a major purpose of solid



waste disposal regulations, it has not been a major purpose in the



regulation of individual sewage systems such as septic tanks.  The



latter regulations are directed primarily at protecting the health of



the septic tank user and his near neighbors.







The "Manual of Septic Tank Practice" of the U. S. Department of Health,



Education, and Welfare, generally followed by states in the adoption



of septic tank regulations, illustrates this emphasis in setting out


                                                                     ?7
the objectives of septic tank regulations in its suggested ordinance.



Such regulations are to establish minimum standards that will insure



that the wastes discharged:



      1.  Do not contaminate any drinking water supply.



      2.  Are not accessible to insects, rodents, or other possible



          carriers of disease which may come into contact with food



          or drinking water..



     3.   Do not pollute or contaminate the waters of any bathing



          beach, shellfish breeding grounds, or stream used for public



          or domestic water supply purposes or for recreational purposes,









                               - 11-29 -

-------
      4.  Are not a health hazard by being accessible to children.



      5.  Do not give rise to a nuisance due to odor or unsightly



          appearance.



      6.  Will not violate any other laws or regulations governing



          water pollution or sewage disposal.







Statutory authority for control of septic tanks is usually contained



in some basic authority of a state agency.  Their control is speci-



fied in regulations.  Administration is primarily through local health



officers, with state supervision.







Typically, regulations contain the following elements:







      1.  A requirement that the owner obtain a permit. (In Wisconsin,



          one must have a permit in order to purchase a septic tank;


                                                                  28
          sale to any person who has no permit is also prohibited.



          In Ohio, one cannot sell lots in a subdivision until he has



          approval of plans showing that septic tank regulations can


                 29
          be met.    In Vermont, one must have a permit from the Agency



          of Environmental Conservation prior to subdividing the



          land.30)



      2.  A condition that a permit will not be issued if the land-



          owner could feasibly tap into a public sewer.



      3.  Requirements that the landowner furnish a soil report and



          results of a percolation test.  The regulations vary as to



          assurances that these tests are thorough and that they are



          competently conducted.
                            •







                              - 11-30 -

-------
      4.  Minimum lot size, maximum slope.


      5.  Specification of capacity of equipment and minimum total


          J-inear feet of leaching tile for installation in particular


          types of soil, for the various quantities of waste antici-


          pated.  Other constraints applied are lot size, ground


          slope, percolation rate, soil type and depth, and depth to


          ground water.


      6.  Submission of a detailed plan of the septic tank (or other


          system) design and proposed location of the tank and leaching


          beds, location of structures, property lines, water re-


          sources, and water lines and wells.  A legal description of
                            •

          the property may also be required.


     7.   Equipment specifications, such as construction of the tank,


          size and length of tile in leaching beds, and method of in-


          stallation.


      8.  Installation requirements concerning distance to water or


          bedrock, distance from wells and water resources, bedding,


          backfill, etc.


      9.  A requirement that abandoned septic tanks be filled with


          earth and covered.


     10.  A requirement that inspection be allowed.




The regulation also may specify requirements for constructing and lo-


cating cesspools or privies (some states prohibit these devices), and


for aerobic treatment systems and sand filters.  The Maryland regula-


tion contains specifications for deep seepage pits, which some states


prohibit.    The regulations for private sewage disposal may also




                              -  11-31  -

-------
include regulations for holding tanks and chemical toilets.

Some prohibitions found in private sewage disposal regulations are
that such devices may not:

      1.  Cause a nuisance;
      2.  Discharge into wells, sink holes, onto the ground, or into
          surface drainage courses;
      3.  Discharge off the lot upon which it is located (except under
          special conditions);
      4.  Be located in a flood plain;
      5.  Be constructed or situated so that "clear" water may drain
          into the septic system — i.e., roof drainage, other non-
          sewage sources.

Wisconsin allows denial of a permit simply on the basis of soil type,
"when a property consists entirely of soils having a very severe lim-
                                           32
itation for on-site liquid waste disposal".    The applicant may, how-
ever, using results of percolation tests and other data, offer evidence
to support his application.  The proposed Maine regulation (June 17,
1974) eliminates the percolation test, permitting or denying any par-
ticular type or size of system on the basis of soil groups and bed-
rock and ground water conditions.

The California Regional Water Quality Control Board, Central Valley
Region, in its "Guidelines for Waste Disposal From Land Developments",
after stating certain minimum criteria for allowing use of a septic

                              - 11-32 -

-------
tank, uses a "point system" which it describes as follows:34



                                                                  i



     A number of factors affect the capability of individual septic



     tank i- leaching systems to provide safe continuous disposal of



     wastes.  Those factors which come within the purview of the



     Board, in that the Board may specify conditions or areas where



     the discharge of waste will not be permitted, are soil absorption



     capability, soil depth, depth to ground water, and slope.







     Any of these factors may in itself limit the system capabil-



     ity; however, the general case is that system capability is af-



     fected by all factors acting simultaneously.  The preceding min-



     imum criteria establish conditions which will eliminate undue in-



     fluence of a single factor upon system reliability but do not



     recognize the interplay among all factors.  Compliance with only



     minimum criteria, therefore, will not necessarily result in an



     acceptable system.







     The following procedure has been formulated to recognize the



     interplay among the factors listed above.  The procedure utilizes



     the minimum criteria contained herein as a base, and credits



     those factors which are in excess of the minimum criteria.  Com-



     pliance with the following point system should minimize problems



     which occur due to concentrating large quantities of waste in



     limited areas.







     Point allowances are calculated for each factor.  The sum of the








                              - 11-33 -

-------
     point allowances establishes the suitability of the system.  A

     suitable disposal area for a septic tank - leaching system from

     a single family residence must total a minimum of 45 points.
                        Soil Absorption Capacity
                       Minimum
                       Usable
  Percolation Rate    Disposal
 (minutes per inch)  Area (ft )
      41-60
      21-40
      11-20
   Less than 10
                 12,000
                 10,000
                  8,000
                  6,000
    Point Allowance for
      Expansion Area

2/1,000 ft!? over 12,000 ft^
2/1,000 ft; over 10,000 ft,
2/1,000 ft; over  8,000 ft;
2/1,000 ft2 over  6,000 ft2
II.
Depth of Soil or Ground Water, Whichever is More Restrictive

              Depth in Feet*     Point Allowance
                         5-10
                        11-15
                        16-20
                    Greater than 20
                                       5
                                      15
                                      20
                                      25
                   III.   Slope in Disposal Area
                    Slope,  %

                      21-30
                      11-20
                    10 or Less
                              Point Allowance

                                     0
                                    15
                                    30
*Depth below the bottom of the leaching trench or seepage pit to
 water, rock or first impervious layer.
                              - II.-34 -

-------
An additional dimension in septic tank control is provided by the
Pennsylvania Sewage Facilities Act which requires that each municipal-
ity  prepare a detailed plan for waste disposal, then requires denial
of a permit for installation of a septic tank if the installation is
not consistent with the plan.35  The Act requires that permits be issued
by state certified municipal sewage enforcement officers who pass a
rigorous training course and test.

Still another dimension may be seen in a regulation such as Ohio's
which requires that septic tank, installers and sewage tank cleaners
              36
be registered.    Registrations may be revoked for violation of septic
tank regulations.

Some regulations are directed at maintenance and at sludge disposal.
A number of states specifically allow revocation of a permit if the
system does not perform according to requirements.  The Wisconsin
regulation contains a requirement that a septic tank be cleaned when-
ever sludge or scum occupies one-third of the tank volume.    The stat-
ute then specifies that sludge may be disposed of in a public sewer,
an approved site, by burial on the premises on which produced under
certain conditions, or by spreading on land not used for pasturing  l
livestock or growing vegetables.  Maine has adopted guidelines for
septic tank sludge disposal on land, covering the following alterna-
tives :

     Total recycling of nutrients through green manure crops in a
      conservation rotation;

                              - 11-35 -

-------
     Disposing of septic tank sludge on the land by spreading;


     Lagoon treatment and liquid disposal;


     Disposal by spray irrigation;

                               •JO
     Dewatered sludge disposal.





The Oregon regulation prohibits spreading of septic tank sludge on


land without approval of the state or local health agency having jur-


isdiction, and in any case prohibits its use as fertilizer on root


crops, vegetables, low-growing berries, or fruits that may be eaten


raw; and use on grass in public parks or other areas in a way that


persons could unknowingly come in contact with it.    That regulation


contains specifications for sludge lagoons and sludge spreading areas.





Another approach to prevention of water pollution from septic tank use


is limitation of materials placed in them.  Prohibition of use of cer-


tain types of household water-softening units has been suggested.  In


Suffolk County, New York, an ordinance was passed prohibiting the sale


of certain types of laundry and dishwashing detergents.40





C.  Animal Feedlots





Animal feedlots are "concentration animal feeding operations" under


Section 502(14) of the Federal Water Pollution Control Act Amendments


of 1972, and thus may be required to have a permit as a "point source"


under the National Pollutant Discharge Elimination System.  The EPA


Administrator under his authority to use discretion has limited this


requirement to large operations.   Feeding operations consisting of the





                              - 11-36 -

-------
following number of animals, pr smaller, are excluded, .although such
an operation may be required to obtain a permit if it is in fact a
significant source of pollution:

          1,000 slaughter steers and heifers
            700 mature dairy cattle
          2,500 swine weighing over 55 pounds
         10,000 sheep
         55,000 turkeys
        100,000 laying hens and broilers if the facility has contin-
                uous flow watering
         30,000 laying hens and broilers if the facility has a liquid
                manure handling system
                                                                  i
          5,000 ducks41

State animal feedlot regulations apply both to the larger lots to
which the NPDES requirements apply, and to the smaller lots that do
not come within that system.

State animal feedlot regulations typically apply to the situation
where the ratio of the number of animals to land area is so high that
concentrations of waste threaten to cause water pollution.  They re-
quire a permit and certain information for obtaining a permit.  Basic-
ally, the regulations require that water be diverted above the lot,
and that below the lot a settling pond and lagoon be provided, with
additional treatment if necessary.  Some also specify the manner in
which waste from the lot may be stored or disposed of on land.  The

                              - 11-37 -

-------
regulations vary in detail.  Montana's regulation is brief, and gen-
eral in statement.    The Iowa   and Oregon    regulations are relatively
detailed.
The Model State Confined Animal Feeding Environmental Control Act sug-
gested by the Council of State Governments (1973) contains definitions,
permit authority and procedures, right to enter and inspect, authority
to adopt regulations, and provisions for enforcement, penalties, and
appeal.  The substantive proposals are contained in two Annexes, one
covering Criteria for Permit Application and Issuance, the other cov-
ering Guidelines for Standards Criteria for the Design, Construction,
and Management of Confined Animal Feeding and Holding Facilities.

Operations Subject to Regulation.  The Iowa confined feeding regula-
tion includes an open feedlot only where the animal population exceeds
a specified number and the square feet of lot area per animal is less
than a specified number.  For instance, the regulation applies to beef
cattle where animal population exceeds 100 and lot area per animal is
less than 600 square feet.  For sheep, the figures are 1,200 popula-
tipn and 60 square feet.  The Iowa regulation separately treats a
"confinement feeding operation" — one having a roofed or partially
roofed enclosure where wastes are removed as liquid or semi-liquid.
In such a case, area is not involved and the regulation applies by
number of animals — e.g., for beef cattle, 50; for sheep, 600.

Registration of an open feedlot is required if one or more of the fol-
lowing conditions exist:

                              - 11-38 -

-------
      1.  The number of animals exceeds  (beef cattle: 1,000);
      2.  The feedlot contributes to a watercourse draining more than
          3,200 acres of land above the lot and the distance from the
          feedlot to the nearest point on the watercourse is less than
          (beef cattle: 200 feet per 100 animals);
      3.  The runoff water from the feedlot (or collection facility)
          flows directly into a tile line or other buried conduit,
          well, hole, pit, lake or pond.

Registration of a "confinement feeding operation" is required if:

      1.  The number of animals exceeds  (beef cattle: 100);
      2.  Overflow contributes to a watercourse;
      3.  The runoff water from the feedlot (or collection facility)
          flows directly into a tile line or other buried conduit,
          well, hole, pit, lake or pond.

Other states:  Kansas — 300 or more head of cattle, swine, sheep, or
horses, any operation using a lagoon, or any operation having a water
pollution potential;   Minnesota,   Montana, 7 Nebraska   — feeding
any livestock in a confined area not normally used for raising crops
or as pasture;  Oregon — feeding or holding areas in buildings, pens,
or lots where the surface has been prepared with concrete, rock, or
fibrous material to support animals in wet weather or where the con-
centration of animals has destroyed the vegetative cover and the nat-
ural infiltrative capacity of the soil.49
                              - 11-39 -

-------
The Model Act requires a permit for any confined feeding facility upon
which 	 animal units are confined for more than 30 days in a cal-
endar year, and to any confined feeding area which violates a law or
regulation.  An Annex to the Act suggests relative animal unit numbers
based on Biochemical Oxygen Demand (in which the beef cattle number is
1, feeder pigs 35, laying hens 180, etc.).  The law is applicable to
feeding or holding animals in enclosures that are less in area than is
necessary for the soil assimilation of animal wastes generated on the
land without violating any law or regulation (e.g., water pollution
control laws).  The agency is directed to adopt regulations specifying
areas to be included in terms of quantitative animal densities rela-
tive to land area.

The Iowa regulation and an Annex to the Model Act contain factors to
be considered in determining whether a facility will constitute a pol-
                                                                     j
lution problem, such as location relative to other water, type of sur-
face, soil and slope, hydrological and geological conditions, permea-
bility of retention structure to excessive seepage, control of dis-
charge in proportion to stream flow,  animal density, anticipated waste
load, distance to structures occupied by humans, direction of pre-
vailing winds, applicable water quality standards, and factors con-
cerning waste disposal.  Despite other criteria in the law or regula-
tions, the law will be applied or waived in a particular situation
depending upon these factors.
                                                                   t
Information Required for a Permit.  Iowa requires the location to be
sketched on an aerial photograph, to include:

                              - 11-40 -

-------
          Building and lot areas
          Lagoons or waste holding pits
          Direction of surface drainage from site
          Location of wells and dwellings within 1,000 feet of site
          Adjacent land owned
          Land area set aside for waste disposal


Minnesota and Oregon have similar requirements, but Minnesota also
requires a description of geologic conditions, soil types, and ground
water elevations, a plan of operational procedures, location of treat-
ment works, and quantity and type of effluent to be discharged; Oregon
requires climatological data and details of feed preparation and hand-
ling, and a location map showing ownership, zoning, and use of adja-
cent lands and location of the proposed operation in relation to res-
idences and domestic water supply sources.


Prohibited Locations


The Nebraska regulation prohibits location of a livestock waste con-
trol facility (e.g., a detention pond) within 100 feet of any well
used for domestic purposes, or within 1,000 feet of a-municipal water
supply well unless the operator can show that it will not result in
ground water pollution.
                                                                B
                  t
Minnesota prohibits location of new livestock feedlots within shore-
land or a floodway  (protected under other statutes), within 1,000 feet
of a public park, in sinkholes or areas draining into sinkholes, or

                              - 11-41 -

-------
within one-half mile of the nearest point to a concentration of ten or
more private residences.

An Annex to the Model Act suggests prohibition of confined feeding
facilities within 500 feet from waters edge, within a floodplain,
within 1,00,0 feet of public property, or within 1,000 feet of an ac-
cumulation of ten or more private residences.

Facility Requirements

Subject to waiver when not necessary, or additional requirements when
necessary, the Iowa regulation specifies that the minimum water pol-
lution control facilities for an open feedlot shall be terraces or re-
tention basins capable of containing four inches of runoff.  Diversion
of surface drainage above the feedlot is required.  A settling basin
                                                                   i
is to be provided where necessary.  For a "confinement feeding oper-
ation" , the minimum facility is a tank or basin capable of holding ,
120 days' waste.

The Kansas regulation works in a similar manner, requiring facilities
if a potential water pollution problem exists.  For cattle, the re-
tention pond must hold three inches of runoff.

The Nebraska regulation requires a detention structure capable of
holding runoff from a ten year, 24-hour storm.  For "housed" opera-
tions, the requirement, as in Iowa, is the capacity to hold 120 days'
accumulation.

                              - 11-42 -

-------
The Oregon regulation is considerably more detailed, consisting not

only of capacity requirements, but method of diking, requirement of

overflow relief structures, prevention of erosion, and other regula-

tions including solids handling systems and conveyance and disposal
                !
facilities.



An Annex to the Model Act suggests design of holding structures on

the basis of peak runoff from a ten-year frequency, 24-hour duration

storm.



Operation of Facilities



The regulations also contain certain operating requirements, which in

essence require that water pollution be prevented.  Montana requires

that the operator provide personnel with adequate skill and time to

maintain and operate the facility consistent with the approved appli-

cation.  The Nebraska regulation states: "Caution should be exercised

to insure that a thin layer of manure remain on the lots during scrap-

ing and that the soil manure interface not be disturbed."  That regu-

lation also instructs the operator in keeping the feedlot surface

aerobic so that production of odors is curtailed.  The California Wa-

ter Resources Board has issued guidelines specifically addressed to

the protection of ground water; among these is the recommendation that

salt in animal rations be limited to that required to maintain animal

health and optimum production,
                              - 11-43 -

-------
Storage/ Transportation, and Disposal

The regulations also may apply to storage, transportation, and dispos-
al of collected wastes.  In essence, the regulations state that these
activities shall be conducted so that water pollution does not occur,
and pollution control laws are complied with.

The Oregon regulation contains requirements for liquid manure spread-
ing, including requirements for: a plan of uniform coverage, plan of
rotation for liquid manure irrigation systems, selection of equipment,
provision of adequate land for year-round disposal, type of land to
use, harvesting of vegetative cover, livestock grazing, and prohibi-
tion of seepage basins except where the operator can demonstrate that
ground water pollution will not result.

The Iowa Water Quality Commission has adopted a policy on land disposal
of animal wastes, concerning maximum average nitrogen application rate
(250 pounds per acre), phosphorus limits, waste disposal on snow-
covered land, on land subject to flooding, and on land near water-
courses, and odor control.

An Annex to the Model Act emphasizes the need for systematic removal
of wastes from holding structures, and for proper storage and disposal
of such wastes.  It describes practices to be followed in storing,
transporting, and disposing of wastes.
                              -  11-44  -

-------
D.  Deep Well Disposal of Wastes

States have enacted statutes and have adopted regulations specially
directed at the disposal of wastes in deep formations where such wastes
will be permanently isolated from contact with fresh water resources
and from human activity.  Some states specifically prohibit the prac-
tice.  State water pollution control laws that apply to ground water
may also/ by their general provisions, prohibit the practice without a
permit where the disposal would affect a water resource.

The federal Safe Drinking Water Act of 1974 (Public Law 93-523) re-
quires states to adopt programs prohibiting underground injection
without a permit, and requires the federal EPA to adopt regulations
for state underground injection control programs, to ensure that such
injection will not endanger drinking water sources.  The federal reg-
ulations had not yet been adopted as the present manual was written.
In emergencies, the law authorizes the EPA to take such actions as the
Administrator may deem necessary to protect the health of persons if a
contaminant is likely to enter a public water supply system from any
source.

Since enactment of the Federal Water Pollution Control Act Amendments
of 1972, states have been under the constraint of Section 402(b) of
that act which makes approval by the EPA Administrator of a state's
water pollution control law under the NPDES program conditional upon
a finding by him that adequate authority exists in the state to "con-
trol the disposal of pollutants into wells".  The EPA Administrator by

                              - 11-45 -

-------
Decision Statement No. 5 (April 2, 1974) adopted a policy statement on
Subsurface Emplacement of Fluids, the goals of which are stated to be
to protect the subsurface from pollution, ensure that engineering and
geological safeguards are adequate to protect the integrity of the
subsurface environment and are adhered to, and to encourage develop-
ment of alternative means of disposal which afford greater environ-
mental protection.  To accomplish these goals, the Administrator de-
clared his policy to be as follows:

     1.   The EPA will oppose emplacement of materials by subsurface
          injection without strict controls and a clear demonstration
          that such emplacement will not interfere with present or
          potential use of the subsurface environment, contaminate
          ground water resources or otherwise damage the environment.
     2.   All proposals for subsurface injection should be critically
          evaluated to determine that:
          a.   All reasonable alternative measures have been ex-
               plored and found less satisfactory in terms of en-  '
               vironmental protection;
          b.   Adequate preinjection tests have been made for pre-
               dicting the fate of materials injected;
          c.   There is conclusive technical evidence to demon-
               strate that such injection will not interfere with
               present or potential use of water resources nor re-
               sult in other environmental hazards;
          d.   The subsurface injection system has been designed
                              - 11-46 -

-------
         and constructed to provide maximal environmental
         protection;
    e.   Provisions have been made for monitoring both the
         injection operation and the resulting effects on
         the environment;
    f.   Contingency plans that will obviate any environ-
         mental degradation have been prepared to cope with
         all well shut-ins or any well failures;
    g.   Provision will be made for supervised plugging of
         injection wells when abandoned and for monitoring
         to ensure continuing environmental protection.
3.  Where subsurface injection is practiced for waste disposal,
    it will be recognized as a temporary means of disposal until
    new technology becomes available enabling more assured en-
    vironmental protection.
4.  Where subsurface injection is practiced for underground
    storage or fpr recycling of natural fluids, it will be rec-
    ognized that such practice will cease or be modified when a
    hazard to natural resources or the environment appears
    imminent.
5.  The EPA will apply this policy to the extent of its author-
    ities in conducting all program activities, including regu-
             i
    latory activities, research and development, technical as-
    sistance to the States, and the administration of the con-
    struction grants, State program grants, and basin planning
    grants programs and control of pollution at Federal facil-  ,
    ities in accordance with Executive Order 11752.

                        - 11-47 -

-------
Elements meeting the requirements of the policy statement may be seen
in a number of state laws and regulations on this subject.  Some states
have met the requirements without specific provisions, by setting
requirements administratively on a case-by-case basis under general
statutory authority (e.g., Texas, Ohio).

Statutes and regulations include definitions, permit requirements, in-
formation and pre-testing requirements, standards for allowing injec-
tion, logging, monitoring, and reporting requirements, financial re-
sponsibility requirements (Michigan requires a $15,000 bond),   and
requirements concerning casing, back-up facilities, operation, and
abandonment.

Waste well disposal regulatory provisions are often closely associated
with, or a part of, oil and gas well regulatory requirements.  Some of
the statutes are directed only at protection of water resources; others
specify water resources and oil and gas, other resources, or public
health.  Multiple approvals are sometimes required, as in Kansas where
the State Corporation Commission gives approval concerning oil and gas(
protectiony and the Department of Health gives approval concerning
water resources.  In Ohio, the Division of Oil and Gas may disapprove
a permit application if the proposed injection would present an unrea-
sonable risk that waste or contamination of oil or gas in the earth
will occur; the Division of Geological Survey may disapprove if an un-
reasonable risk of loss or damage to valuable mineral resources would
occur; and the Environmental Protection Agency may disapprove if the
                                               52
proposed injection would cause water pollution.    In addition, the

                              - 11-48 -

-------
permit may be conditioned to protect health, safety, or the conserva-
tion of natural resources.

Alternative Measures

A prohibition against deep well disposal if alternative methods are
feasible may be contained in a regulation (e.g., Oklahoma),   but more
often it is implemented in administrative policy.  Kansas, for example,
adopted the following policy in 1970:

     The use of industrial waste disposal wells will be considered
     only for those wastes that cannot be treated and disposed of by
     other methods.  On this basis, we will require that each appli-
     cation for the disposal of substances other than salt water be
     accompanied by a report giving the results of studies of alter-
     nate methods of waste disposal and a justification of why sub-
     surface disposal is considered the least hazardous method so far
     as environmental protection is concerned.

Information

Accompanying the EPA Administrator's Decision Statement No. 5 was a
                                                                   •>
statement of parameters describing the information that should be pro-
vided by the injector.  These include requirements for considerable
detail as to location of the proposed well and other features around
it, property ownership, wells (including statement cf deepest forma-
tion penetrated within twice the calculated zone of influence of the
proposed well), maps of water supplies, mineral resources, and geo-

                              - 11-49 -

-------
logic structure, description of fluids to be injected, potentiometrie
maps, volume, rate, and injection pressure of the fluids, detailed
information on geological and physical characteristics of the injection
interval and confining beds, and engineering data describing the pro-
posed well, casing, installation, testing, logging, injection proce-
dure, monitoring, and contingency plans.  The Administrator's state-
ment advises:

     Preparation of a report thoroughly investigating the effects, of
     the proposed subsurface injection well should be a prerequisite
     for evaluation of the project.  Such a statement should include a
     thorough assessment of:  (1) the alternative disposal schemes in
     terms of maximum environmental protection; (2) projection of
     fluid pressure response with time both in the injection zones and
     overlying formations, with particular attention to aquifers which
     may be used for fresh water supplies in the future; and (3) prob-
     lems associated with possible chemical interactions between in-
     jected wastes, formation fluids, and mineralogical constituents.

The statement advises an injector to contact the regulating agency to
determine what will be required, stating that the agency will specify
the exact data requirements on a case-by-case basis.

Nebraska and Colorado require a legal description of the area within
a radius of two miles, and a map including the same area showing sur-
face and mineral ownership, water and oil wells, mines, and test
      54
holes.    These states also require:

     A description of local topography, industry, agriculture, popu-

                              - 11-50 -

-------
     lation densities, culture, wildlife, and fish and other aquatic
     life within the area of the proposed system with a projection as
     to the probable effects of the system upon industry, agriculture,
     population, culture, wildlife, and fish and other aquatic life.
                             i
These and other state regulations also contain many of the require-
ments contained in the Administrator's statement.  The Nebraska regu-
lation requires an evaluation of geologic and hydrologic conditions
that demonstrate:

     Geologic:
          a.  The disposal well shall be located in an area known to
              contain geologic structures capable of containing the
              proposed injected effluent.
          b.  The injection zone shall have sufficient porosity, per-
              meability, thickness, structural configuration, and
              areal extent to act as a safe storage reservoir.
          c.  The injection zone shall be isolated vertically by for-
              mations that are, for practical purposes, impervious to
              the effluent.
          d.  The injection zone should not contain natural resources
              in the same geologic structure which may be affected by
              said injection.

     Hydrologic:
          a.  The injection zone should contain interstitial water .
              having a concentration of at least 5,000 milligrams per

                              - 11-51 -

-------
              liter total dissolved solids.
          b.  The rate and direction of ground water movement in the
              injection zone should be evaluated.
          c.  If the injection zone is known to contain ground water
              subject to protection in other areas, the direction and
              distances from the injection well to the brackish water
              or saline water interface shall be estimated within rea-
              sonable limits.
          d.  An estimation of the fluid chemistry of the interstitial
              water in the injection zone shall be made.

The regulation also requires an evaluation of the injection zone for
porosity, permeability, chemical constituents of interstitial waters
and the chemical and physical characteristics of the injection zone
rocks, temperature of the injection zone, static-bottom-hole pressure,
permeable thickness of the injection zone, and injection profile.  The
applicant must also demonstrate that the proposed effluent is compa-
tible with the injection zone and its interstitial water and that no
undesirable chemical or physical reaction will occur.

Design of Well

The Texas Water Quality Board states:  "The type of construction for
injection wells is quite variable because of the different composi-
tions and volumes of waste injected.  The Board has not adopted stand-
ards on well construction, but prefers to consider each proposal on an
individual basis."55

                              - 11-52 -

-------
The Nebraska regulation is detailed, but it specifies that design must
be "within but not limited to" its specifications.  These include
casing requirements, safety factors for collapse, tension, and inter-
nal pressure, cementing procedures, logging, transport of effluent to
the well by injection tubing, manner of fixing the injection tubing,
safety-valve requirements, and surface equipment design.  The regu-
lation requires surface equipment shall be designed so that the system
can be safely shut down in the event of component failure, and that a
secondary facility be maintained in the event of a temporary well
failure.  The latter may consist of a lined, impermeable retention pond
or a treatment process.

Some states  rely  upon provisions in their  oil and gas drilling  laws
and regulations for basic  regulation of disposal well design, con-
struction, and operation,  and enforcement  of regulations, but require
specific practices on a case-by-case basis.

Other Regulations

Other regulations include  those for pre-testing the well, monitoring
and reporting, operation practices, and requirements for abandonment.
The Michigan regulations are  detailed in these respects.56  Michigan
requires at  least one observation well within 100 feet of the disposal
well for each well used for disposal of radioactive materials.  The
Michigan regulation also requires performance testing of each disposal
well at least once each calendar quarter.
                              - 11-53 -

-------
Some states limit permit duration (e.g., Oklahoma, five years.).  The



EPA Administrator in his Decision Statement No. 5 indicated that the



meaning of his statement that subsurface injection will be recognized



as a "temporary means of disposal" was that it would be approved only



for the life of an issued permit, and that should more environmentally-



accepted disposal technology become available, a change to such tech-



nology would be required.







Regulatory Proposals







The Council of State Governments suggested a Model State Toxic Waste



Disposal Act in 1973.  By definition, it would apply to:







     any substance or combination of substances which, in the judge-



     ment of the director, consistent with any applicable federal law,



     may pose a substantial present or potential hazard to human



     health because such substances are non-degradable or persistent



     in nature, or because they can be biologically magnified, or be-



     cause they can be lethal, or because they otherwise cause or tend



     to cause detrimental cumulative effects.
           \     i

                                                                \
                                                                \



Under present state regulations, wastes that may be injected vary, t>ut



by definition some could include any type of waste whether hazardous  \



or not, including sewage.  In practice, the states limit waste types



by following a policy of allowing disposal only if there is no feasi-



ble alternative.  The Model Act provision makes the limitation expli-



cit.







                              - 11-54 -

-------
The Model Act provides for a State Toxic Waste Disposal Plan, to in-
clude regulations, classifications by type of waste and disposal loca-
tions and procedure, and guidelines for procedures, standards, and for
the distribution and proximity of disposal or storage sites in speci-
fied geographic areas and types of geologic formations.  Any disposal
project would have to be consistent with this State Plan.

The Model Act requires compliance with the law and regulations and
certain approvals of the director; monitoring and reporting; inspection
and entry by the director or his representatives; and public access to
information.  It contains provisions concerning emergency orders, fi-
nancial responsibility of the operator, and enforcement.  An Annex
contains suggested information requirements similar to those discussed
in the foregoing material.

The Ohio River Valley Water Sanitation Commission (ORSANCO) in 1973
adopted "Recommendations for the conduct of regulatory actions inclu-
ding the scope and sequence of administrative procedures and the eval-
uation of geological and technological factors."5^  It identified
seven steps as essential in the administration of a state program.
   /
Briefly, these are:

      1.  Preliminary assessment by the applicant of the geology and
          geohydrology;
      2.  Application to the state agency to drill and test a well,
          with supporting documents;
      3.  Drilling and evaluation of the well;

                              - 11-55 -

-------
     4.  Request by the applicant for approval to inject waste
         water;
     5.  Evaluation of the proposal by the state agency;
     6.  Issuance of instructions for operation; and
     7.  Procedures for abandonment.

Where the system is to be located within five miles of a state bor-
der, the appropriate agency in the adjoining state is to be given
an opportunity to review and comment on the application.

The ORSANCO proposal contains suggested forms, and an outline of
scope and content of a feasibility report.

E.  Other Well Disposal of Wastes

Many states, even among those which allow deep-well disposal, pro-
hibit other disposal of wastes in wells.  Others allow it under
permit, either specially or as a point source under an NPDES or
similar system.  Washington's regulation, for instance, states
that the disposal of pollutants into wells, "excepting in the most
extraordinary circumstances", is not authorized.  If a permit is -
issued, it must include terms and conditions to control the disposal
in order to prevent pollution of ground- and surface-water resources
                              58
and protect the public health.

Florida has a specific regulation controlling drainage wells, re-
quiring certain data for application, including bacteriological
examination of water from all water supply wells within one-mile

                            - 11-56 -

-------
radius that are drilled to the approximate depth of the proposed
drainage well.  The regulation contains drilling requirements and
other requirements concerning test wells and abandonment. *

California's Water Reclamation Law prohibits construction or use of
a waste well extending into a waterbearing stratum suitable for use
as a source of water supply for domestic purposes unless a Regional
Water Quality Control Board finds that water quality considerations
do not preclude it, and the State Department of Health, after a
public hearing, finds that the proposed recharge will not impair
the quality of water in the receiving aquifer as a source of domestic
water supply.
                                                          *
New York has adopted relatively detailed classes and standards for
ground water which prohibit, for example, placement of raw or treated
sewage, industrial wastes, etc., in the zone of aeration of "Class
GA" waters which may impair the quality of the ground water to
render them unsuitable for a potable water supply.  This class
includes fresh ground water best used as sources of potable water
supply.  The regulation contains schedules of standards including
specific limits for physical and chemical characteristics.
                                                      i
Control Point 4:  MANAGEMENT OF WATER LEVEL AND PUMPING RATES

Most states have enacted statutes that determine the right to take
water from lakes, rivers, streams, and underground sources.   These
statutes make it possible for public agencies to manage water levels

                             -  11-57  -

-------
and .pumping rates, although the existence of a water-allocation statute
does not necessarily signify that a state can "manage" its resource.
The basic purpose of water-rights statutes is the same as with any
property law — security of interest.  A state statute establishes an
orderly system of water use, so that if one obtains a permit, he has
some protection of his water source.

States that have no such statute rely upon the courts to determine
water rights.  Even states with water permit statutes have exempted
certain uses, such as minimum quantities, or their statutes do not
apply to certain waters or certain areas, and to this extent the com-
mon law still is the determinant of water rights in those states.

The Eastern states, some Midwestern states, and even some Western
states follow "riparian" rules of water use insofar as the common law
determines their water rights.  Arid states follow "prior appropria-
tion" rules of water use, but typically follpw riparian principles
where ground water is concerned.  Essentially, the riparian law at-
taches water rights to the ownership of land abutting (or overlying)
the water, requires that uses be reasonable, and does not assure a
right to a definite supply.  Appropriation law does not require owner-
ship of land, establishes rights by priority in time, and assures a
right to a definite supply, in perpetuity, except as shortage^ may cut
off the right of appropriators who are junior in time.

In those states that follow riparian rules, two principal rules may be
isolated as dividing the states into "absolute rule" and "reasonable
use" categories.
                             - 11-58 -

-------
Under the "absolute" or "English" rule, an owner of land may pump what-
ever water he can from the ground that he owns.  If his pumping dries
up that of a prior user, the prior user has no remedy.  If his neigh-
bor excavates for construction or mining purposes, cutting off the
pumper's ground water supply, the pumper has no remedy.  Each owner is
said to have an "absolute" right to use his land in whatever way he
desires.  The principle is not quite that broad, however, since it is
applied only to "percolating" waters and not to identifiable "under-
ground streams".  Also, a person may not injure his neighbor by digging
or pumping that is malicious in intent.

Two policies underlie this rule:  (1) the occurrence and behavior of
ground water is not known, and thus a court should not attempt to ad-
judicate rights to it; and (2) protection of one person's right to a
ground-water supply would prevent development by interfering with
mining, building of roads, and other works.

A number of states follow this rule without statutory control, includ-
ing heavily-populated industrial states such as Pennsylvania, Ohio,
Illinois, and Texas.

The "reasonable use" or "American" rule is a modification of the
                                                                  i
"absolute" rule.  Under this rule, the owner of land may be restricted
to the amount of water he needs to reasonably benefit his land. ' New
York, Michigan, and Missouri, for example, are classified as "reason-
able use" states.
                             - 11-59 -

-------
A variation of the "reasonable use" rule is the "correlative rights"
rule.  While under the former rule, when a shortage occurs the law
does not allocate available water, under the "correlative rights" rule
it does*  Landowners are limited to amounts equal in proportion to the
proportionate area of land over the water supply concerned.  This des-
ignation is applied to a line of California cases.

Permit Systems

When states have adopted permit systems of water allocation, whether
surface or ground water, they have in effect adopted the Western prin-
ciple of "prior appropriation".  This principle minimizes state in-
volvement by requiring essentially factual determinations,.namely, of
Who began using the water, in what quantity, and of how much water the
source will yeild.  When permits have been issued to the extent that
the source will yeild water, no more permits are issued.

The statutes contain numerous variations on this basic principle, as
can be seen in the following material describing some of the major
features of state water-permit statutes.

Coverage.  All but a few statutes apply to both surface and ground
water.  A number apply to ground water only, others to surface water
only.

A minority of states with permit statutes limit controls authorized by
the statute to those areas designated as critical, or otherwise

                             - 11-60 -

-------
especially requiring control.  Examples of criteria for designation



of such areas are:







     Arizona;  an area not having sufficient ground water to provide



               a reasonably safe supply for the irrigation of culti-



               vated lands located within the basin at the then


                                           62
               current rates of withdrawal.



     Montana:  withdrawals are, or are likely to be, in excess of re-



               charge or significant disputes regarding priorities



               and amounts of use exist.
             i


     Oregont   (1)  water levels are declining excessively;



               (2)  substantial interference is developing between



                    users;



               (3)  the ground water supply in the area is being



                    overdrawn;



               (4)  the water quality is deteriorating;



               (5)  there is no "unappropriated" water in the



                    ground water reservoir.6^





     New Jersey;    diversion of ground water exceeds or threatens to



               exceed, or otherwise threatens or impairs, the natural



               replenishment of such waters.65



     North Carolina;  uses of water



               (1)  have developed or threatened to develop to a degree



                    which requires coordination and regulation or



               (2)  exceed or threaten to exceed, or otherwise threat-



                    en to impair, renewal or replenishment of such



                    waters.66




                             - 11-61 -

-------
Exemptions from the requirement that a permit be obtained can also

greatly affect the coverage of a law.  For instance, Western statutes

almost universally exempt uses in existence at the time of enactment.

Some Eastern statutes do not.  Almost all states exempt domestic

uses — the superior right under the riparian law — either specifi-

cally or by use of a quantity exemption large enough to allow domestic

use without regulation.  A common practice is to exempt uses less than

100,000 gallons per day.  Iowa uses a 5,000-gallon-a-day limit; 67 some

states make no exemption by amount.  A common exemption is for agri-

cultural uses, even to include irrigation.  Some states exempt noncon-

sumptive uses, or require that a permit be issued for such uses with-

out further showing.




Criteria for Issuing a Permit.  Every statute contains some specifica-

tion of the nature and effect of use that must be shown in order for a

permit to issue.  The most common of these specifications is that the .

use be "beneficial".  This is one of the requirements of the Western

case law, where it meant that the use could not be wasteful or detri-

mental.  Ipwa, a state that follows the riparian law, when it adopted
                                                                   i
a permit system in 1957, added this requirement to its law in the

following language:




     "Beneficial use" means the application of water to a useful pur-

     pose that inures to the benefit of the water user arid subject to

     his dominion and control but does not include the waste or pollu-

     tion of water.68
                             - 11-62 -

-------
The Minnesota statute gives a list of "beneficial public purposes"
which are given as examples but which do not limit the meaning of the
term:69
     a.  Water supply for municipal, industrial, agricultural, or
         other purposes;
     b.  Recharge of underground water strata;
     c.  Retention of water to prevent or reduce downstream flooding,
         thereby minimizing erosion and resultant property damage;
     d.  Entrapment and retention of nutrients and other materials
         which impair the quality of natural resources;
     e.  Recreational activities such as swimming, boating, fishing,
         and hunting;
     f.  Public navigation other than for recreational purposes;
     g.  Wildlife habitat such as fish spawning and rearing areas,
         waterfowl nesting and feeding areas, and areas for the rear-
                                                 / >
         ing, feeding, and protection of other wildlife;
     h.  Areas designated as scientific and natural areas.
Maryland expresses this in the obverse, by denying a permit for a use
that is inadequate, wasteful, dangerous, impracticable, or detrimental
to the public interest.
Florida has improved upon the requirement, by requiring that a use be
"reasonable-beneficial".    California requires this standard by its
             72
constitution.
                             - 11-63 -

-------
Another common requirement in the statutes, which derived from |he
Western law of prior appropriation, is that the use be "in the public
                                                               "•'it'
interest".  The statutes make various interpretations.  In Kansas, the
chief engineer, in determining whether an application will adversely
affect the public interest, is to:
     take into consideration the area, safe yield and recharge rate of
     the appropriate water supply, the priority of existing claims of .
     all persons to use the water of the appropriate water supply, the
     amount of each such claim to use water from the appropriate water
     supply, and all other matters pertaining to such question.

Alaska requires:

     In determining the public interest, the Commissioner shall con-
     sider:
          1.  the benefit to the applicant resulting from the proposed
              appropriation;
          2.  the effect of the economic activity resulting from the
              proposed appropriation;
          3.  the effect on fish and game resources and on public
              recreational opportunities;
          4.  the effect on public health;
          5.  the effect of loss of alternate uses of water that might
              be made within a reasonable time if not precluded or   i
              hindered by the proposed appropriation;
          6.  harm to other persons resulting from the proposed appro-
              priation;

                             -  11-64  -

-------
          7.  the intent and ability of the applicant to complete the
              appropriation; and
                                                                   74
          8.  the effect upon access to navigable or public waters.

Other statutory criteria for issuing a permit which bear on nature and
effect of use include:
              will not unduly affect those who already have permits.
              (or, there is unappropriated water available.)        »
              the applicant's means of taking the water is adequate.
              (Idaho requires sufficient financial resources to com-
               plete the project.)
              not inconsistent with adopted water plans (Maryland,
              Iowa, Idaho, Florida.)
              will not cause salt water intrusion or violate water
              quality standards  (Maryland, New Jersey.)
              reasonable, practical (Minnesota) •, necessary  (New Jersey) ,
              equitable  (Delaware,    New Jersey)

Maryland requires that a permit be issued if the proposed use is the
greatest practicable utilization of the water resource.  North Carolina,
               77            78
South Carolina,   and Georgia   have similar laws which state that the
agency must issue a permit for nonconsumptive uses; where the use is
consumptive, the agency must deny it if its effect would be "contrary
to the public interest".  The statute then directs the agency to con-
sider numerous factors in adopting regulations and in issuing permits,
including:
                              • 11-65 -

-------
-'-   The number of persons using an aquifer or stream and the object,



     extent and necessity of their respective withdrawals or uses;



     Nature and size of the stream or aquifer;



     The nature of any impairment of the aquifer or stream;



--   The injury to public health, safety or welfare which would result



     if such impairment were not prevented or abated;



     The kinds of businesses or activities to which the various uses



     are related;



     The importance and necessity of the \ises claimed, the extent of



     any injury or detriment expected to be caused to other water



     uses; and



     Reduction of flows in other watercourses or aquifers.







Another type of criterion for issuing a permit is the priority or pref-



erence.  The most common, either express or implied, is "first in time,



first in right".  Examples of other priorities are public use (Alaska,


                                79
Arizona),  domestic use (Colorado  ),  most beneficial use (Alaska), and



uses designated by the Department of Natural Resources as "undesirable"



or "preferred"  (Florida).  The Florida statute also instructs the



administering agency, in cases of competition, to choose those which



"best serve public interest".  Arizona, when there are two or more



conflicting applications for the use of available water, gives pref-



erence in the following order:







          1.  Domestic and municipal uses;



          2.  Irrigation and stock watering;



          3.  Power and mining uses; and







                             - 11-66 -

-------
          4.  Recreation and wildlife, including fish.








Duration of Right.  Western states in enacting statutes adopted the



rule of their common law that a right can be extinguished by non-user



or waste.  Eastern states have also adopted this rule, but many have



also set a limit, typically ten years, on the life of a permit.  In



some states the user must then reapply as for a new permit.







Some statutes also allow cancellation of a permit for various reasons,



such as violation of the law or a regulation.  Some allow reduction in



the quantity allowed to be taken by the permit, when it is found that



part of the amount permitted is not needed by the user.







Other Provisions.  Several of the states require the administering



agency to protect minimum flow or other "in-stream" benefits in issuing



permits; the Florida statute requires the Department of Natural Re-



sources to give "careful consideration to the requirements of public



recreation and the protection and procreation of fish and wildlife",



and to prohibit inconsistent uses.  Statutes commonly contain suffi-



cient controls to limit use of an over-pumped aquifer, although stat-



utes have been identified as lacking this authority (Arizona, Iowa).



Statutes may also contain specific authority for control of water lev-



els, or to control or carry out recharge operations.








One of the implied effects of all the statutes, to the extent that



they set up a system which replaces the common law system of allocating



water, is to do away with the riparian-law limitation that water







                             - 11-67 -

-------
belongs to the owner of riparian land, for use primarily upon that land,



and in the case of surface water to be returned to the stream from



which it came.  With a view to possible constitutional objections,



some states have included a declaration that waters of the state are



public waters.  Most states have also included a legislative finding



of a problem, and a declaration of policy.







Common provisions give the agency power to investigate water resources,



establish requirements for information in applying for a permit  (or



authorize the agency to adopt regulations to do this), require notice



to affected persons and a hearing, provide appeal procedures for those



denied a permit or affected by issuance of a permit, and provide for



sanctions such as injunction and penalties.  Penalties vary from state



to state, but the more severe penalties for violation of the water-



permit law authorize imprisonment for one year, and fines as high as



$25,000 per day.







Usually, the permit-issuing agency has other functions affecting water



management.  Typically, these include water resource information-gath-



ering and planning, and regulation of water-well drilling and con-



struction, sometimes to include licensing of drillers.  Another  common



activity of this agency is inspection and approval of dams and other



water-control works.  A few are given construction powers, including



power to construct projects for water supply and flood control,  for



distribution of water, or for recharge of ground-water aquifers.  The



permit-issuing agency may also be the flood-control coordinating agency



and the  flood-plain regulatory agency, or it may also be the state's







                             - 11-68 -

-------
water-pollution-control agency.







Selected Statutes







Following are brief descriptions of the water-permit statutes of six



states in various parts of the country — New Mexico, Kansas, Iowa,



Maryland, North Carolina, and Florida.  They are presented here to
                                                             !


illustrate types of systems and the manner in which the features dis-



cussed above fit into specific statutory procedures.







                             NEW MEXICO







New Mexico's permit system grew out of its prior-appropriation system



of water rights.  Under an earlier statute, one perfected a water



right by first making use of the water, then filing a notice of this



use.  In 1907, the state enacted a law requiring a permit for use of



surface water; its present ground-water statute was enacted in 1931.






The ground-water statute applies only to uses in areas in which the



State Engineer has determined that the waters of an underground stream,



channel, artesian basin, reservoir, or lake have "reasonably ascer-


                     80
tainable boundaries".    As of 1973, he had declared 25 such areas



covering more than a third of the state.  In such an area, one must



obtain a permit to use ground water.  Also, a well driller to drill a



well in such an area must be licensed by the State Engineer.  Not



subject to these requirements are domestic wells with casings not



larger than 2 3/8 inches in diameter.






                             - 11-69 -

-------
To approve an application, the State Engineer must find that there is
unappropriated water in the designated ground-water source, that the
proposed appropriation would not impair existing rights, and that it
is a beneficial use.  The Engineer may approve an application subject
to conditions that he finds necessary to protect rights of others,
both surface and underground.

A hearing is required for larger uses, at which anyone may protest who
believes the granting of the permit will impair his water right.  Ap-
plications for domestic and stock-watering purposes, and for non-
commercial irrigation not to exceed one acre, are not subject to this
procedure, but the State Engineer by rule limits such appropriations
of water to three acre-feet annually.

A water-right holder loses his right if he fails to apply the water to
a beneficial use for a four-year period and then continues to fail to
use it for one year after notification and declaration of noil-use by
the State Engineer.
                               KANSAS
Ground water in Kansas belonged to the landowner under the "absolute
rule" until enactment in 1945 of a statute converting the state's water
                                      81
rights law to an appropriation system.    To acquire a right to con-
tinued use, other than for domestic purposes, one must obtain a permit
from the Chief Engineer of the Division of Water Resources of the
Board of Agriculture.  Riparian uses being made at the time of
                             - 11-70 -

-------
enactment of the statute were preserved, if the use was "beneficial".

An application for a permit must describe the nature and extent of the
proposed appropriation in detail.  The Chief Engineer is directed to
approve the application if he finds that the proposed use is beneficial
and will not impair use under an existing right or unreasonably affect
the public interest.  Guidelines given the Chief Engineer to determine
"public interest" include factors of area/ safe yield, recharge rate,
and existing claims.  The permit may contain conditions as necessary
to protect the public interest.

In determining whether a proposed use will impair use under an existing
right, the Chief Engineer is given a statutory definition of "impair-
ment" which includes:

     The unreasonable raising or lowering of the static level or unrea-
     sonable increase or decrease of the streamflow or the unreason-
     able deterioration of the water quality at the water user's point
     of diversion beyond a reasonable economic limit.

Priority of right dates from the time of filing an application.  Rights
may be transferred, with or without a conveyance of land.  One may
lose his right if he fails to beneficially use his water for three
successive years "without due and sufficient cause", and after he has
been notified by the Chief Engineer and has had an opportunity to ap-
pear and show cause why his right should not be terminated.

The statute is specific in stating that a right to use of ground water
                             - 11-71 -

-------
does not give the applicant a right to the existing water level.  It


specifies that approval of each appropriation of ground water is sub-


ject to the express condition that such right must allow for -a reason-


able raising or lowering of the static water level, and that in deter-


mining what is reasonable, the Chief Engineer is to "consider the eco-

nomics of diverting or pumping water for the water uses involved".
                                IOWA
Iowa, another riparian state, enacted a comprehensive statewide water-

                   go
permit law in 1957.    The act exempts domestic uses, uses of less


than 5,000 gallons per day, uses from rivers bordering the state, uses


within the boundaries of a municipal corporation on May 17, 1957  (in-


dustrial users lose this exemption when their use increases by three


per cent), and municipal uses until they increase their use in excess


of 100,000 gallons or three per cent, whichever is greater, more than


their highest per day beneficial use prior to May 16, 1957.




Permits are valid for ten years, but are renewed without hearing if


nq objection is filed.




A permit must be issued if it is found that the requested withdrawal


is for a beneficial use and will not be detrimental to the public


interests or to the interests of property owners with prior or supe-


rior rights who might be affected, and the use is found to be "compat-
                                                                     i
ible with the state comprehensive plan".  Priority is accorded to


applications in the order in which applications are received.  The




                             - 11-72 -

-------
commissioner hearing the application is directed to use his judgement
concerning the quantity of water for which a permit may be granted,
but he is instructed by the statute that water for ordinary house-
hold purposes, for poultry, livestock, and domestic animals shall
have priority over other uses.  A person with an existing irrigation
system in use prior to enactment of the statute must be issued a
permit to continue unless some other riparian user is damaged thereby.
The statute, declaring that "nothing in this chapter shall impair
the vested right of any person", instructs the commissioner to follow
the principles and policies of beneficial use declared by law.
"Beneficial use" is defined as the application of water to a useful
purpose that inures to the benefit of the water user and subject to
his dominion and control, but does not include the waste or pollution
of water.

A permit may not be issued that does not preserve the established
minimum flow of a watercourse, that impairs the effect of the pollution-
control laws, or that impairs the naviqabilitv of a navigable water-
course.

By regulation, use of water for irrigation of farm crops is limited
to 18 inches per year, and for specialty crops to 36 inches per
year.  The amount for industrial use "shall be consistent with industry-
wide usage for the same or similar purposes", and for municipal use
not more than 200 gallons per day per capita; in both cases, however,
the amount is to allow for growth where the need exists.

If a permittee ceased to use his permit for three consecutive years
                             - 11-73 -

-------
for the authorized purpose, his permit may be terminated.  It may also



be modified or cancelled upon breach of its terms and conditions, or



for violation of the water-permit law, or in case the commissioner



finds modification or cancellation necessary to protect the public



health or safety or public interest in lands or waters, or to prevent



substantial injury to persons or property.  He may also suspend a



permit in an emergency.







                             MARYLAND







Maryland was a pioneer among the Eastern "riparian" states in enacting



a water permit statute in 1934.  The statute applies to surfeice and



ground water, statewide, but exempts domestic and farming uses, uses



existing at the time of enactment, municipal uses in effect July 1,



1969, and rights granted by the General Assembly to the City of


          83
Baltimore.







The Department of Natural Resources may reject a ground-water permit



application if the proposed use:







     —• is inadequate, wasteful, dangerous, impracticable, or detri-



        mental to the best public interest;



     — would violate water-quality standards;



     — would jeopardize the natural resources of the state.







A permit must be issued if:







     The plans of the applicant provide for the greatest practicable



                             - 11-74 -

-------
     utilization of the waters of the state and will adequately pre-


     serve public safety and will promote the general public welfare.




Permits are limited to ten years  (or the time required to amortize


investment), and renewal is the same as application for a new permit.


The statute allows the Department to "correct" any permit where the


total quantity permitted to be used is either not used or not needed.
           i



Recently proposed regulations contain provisions for comprehensive


control of Maryland ground-water resources.  The regulations establish


priorities, establish total average withdrawal limitations for partic-


ular areas, establish criteria upon which issuance of permits is based


(including limitation of use according to amount of land owned by the


applicant), regulates drilling and construction of wells, authorizes


well-spacing requirements, and establishes three zones according to


aquifer type and depth and requires use of such zones according to


rate of withdrawal.




Priorities.  The regulation states that when it becomes necessary to


allocate water among competing uses whose total demand exceeds the


dependable supply, the Administration shall give greater consideration


to the needs of users in the following order:




     1.  Water supply for individual domestic and farm use, and muni-


         cipal supplies which are publicly owned and operated;


     2.  Irrigation of crops used directly or indirectly for human


         consumption;




                             - 11-75 -

-------
     3.  Industrial and commercial users who obtain ground water from



         privately owned wells and use it in their processing or dis-



         tribute the water for sale;



     4.  Other, including irrigation of recreation areas, heating and



         air conditioning.







Another provision states that use of water by a private water company



is not considered a beneficial use, and no new permit may be issued



for that purpose except where a public agency cannot or will not pro-



vide the water.







Total Average Withdrawal Limitations.  The regulations identify four



areas east and west of the "fall line", according to non-carbonate



rocks, carbonate rocks, unconfined aquifers, and confined aquifers,



and state that average withdrawals of ground water may not exceed per-



missible yield judged by specified criteria based on stream flow, pre-



cipitation, or water levels.







Criteria for Issuance.  The regulations state six criteria for issuance



of a permit:







     1.  The State Ground Water Management Plan;



     2.  Amount of land owned by the applicant for which, or on which,



         the water is to be used;



     3.  Impact on ground water rights of other appropriators;



     4.  Ultimate recharge to aquifers based on precipitation (see



         below);







                             - 11-76 -

-------
     5.  Reasonable needs of the applicant;

     6.  Satisfactory proof that issuance of the permit will not vio-

         late the State's Water Quality Standards or jeopardize its

         natural resources  (e.g., will not cause intrusion of salt

         water).




The regulation states that maximum allowable pumpage for the consump-

tive use of ground water is limited to that quantity needed for

reasonable use and will be allowed up to a yearly average for the daily

pumpage of 780 gallons of water per acre of land owned if in accordance

with the State Ground Water Management Plan.  Withdrawal in excess of

this amount may be allowed if it provides for the greatest feasible

utilization of the waters of the state, adequately preserves public

safety, and promotes the general public welfare.  (The 780 gallon-per-

acre figure is intended to approximate the "usable portion of precip-

itation that may eventually percolate into the ground".)  Exception is

made for public agencies if they compensate affected users.




The regulation also states that the Administration will consider water
                                                             i   \
levels as a right in common among all appropriators.  West of the fall

line, declines up to permissible yield of a basin will be allowed (see

"total average withdrawal limitations" above); east of the fall line,

rights to water levels will be based on the management water levels

established by the State Ground Water Management Plan.




The state may also, in order to provide for the optimum development of

the ground water resource, control the number, location, spacing,




                             - 11-77 -

-------
depth, and construction of wells or well fields by the conditions
placed upon the permit.  The regulations contain detailed requirements
for well construction permit issuance, reporting requirements, well
construction standards (according to geologic areas), and testing.

Aquifer Management Areas.  The regulation establishes three zones ac-
cording to aquifer type and depth for confined aquifers of the Mary-
land Coastal Plain and requires that users of less than 10,000 gallons
per day use a Zone I aquifer if available (aquifers with a transmis-
sivity of less than 5,000 gallons per day per foot and a maximum depth
to top of the aquifer of 300 feet below sea level); if not, then a
Zone II aquifer (aquifers with a transmissivity of more than 5,000
gallons per day per foot and a maximum depth to the top of the aquifer
of 300 feet below sea level).  Users of more than 10,000 gallons per
day must use a Zone II aquifer or a Zone III aquifer (aquifers with a
depth of more than 300 feet to the top of the aquifer).

Ground water quality standards adopted by Maryland  in 1973 describe
three aquifer types based on transmissivity, permeability, and dis-
solved solids concentration, which are used to regulate discharge of
water into ground water.

The regulation establishes quality standards to be maintained in each
type of aquifer — e.g., discharges into Type I,aquifers may*not exceed
constituent limits under federal drinking water standards.
                              -  11-78  -

-------
                         NORTH CAROLINA








North Carolina is one of the Eastern states that enacted a law to ap-



ply to areas delineated by a state agency.  It applies to both surface



and ground water, but exempts from permit requirements uses of 100,000



gallons per day and smaller.







Under the statute, which was enacted in 1967, the Board of Water and



Air Resources may delineate "capacity use areas" where uses of water



(1) have developed or threatened to develop to a degree which requires



coordination and regulation, or  (2) exceed or threaten to exceed, or



otherwise threaten to impair, the renewal or replenishment of such



waters.







The law also allows the Board, without delineating an area, if it



finds use or pollution will result in water depletion or pollution, to



prohibit or limit withdrawals in excess of 100,000 gallons per day,



and to prohibit facility construction of capacity in excess of 10,000



gallons per day or more.







In a "capacity use area", the Board must issue a permit for nonconsump^



tive uses, where the proposed use is consumptive, the Board must deny



it if its effect would be "contrary to public interest".  Uses in



existence prior to delineation are to have priority, to the extent



that they are reasonably necessary.  The Board is also authorized to



modify or revoke a permit on 60 days' notice.  Permits are issued for




a ten year period; renewal is the same as applying for a new permit.







                              - 11-79 -

-------
In issuing permits or adopting regulations, the Board is directed by
the statute to consider:
     1.  The number of persons using an aquifer or stream and the ob-
         ject, extent and necessity of their respective withdrawals or
         uses;
     2.  The nature and size of the stream or aquifer;
     3.  The physical and chemical nature of any impairment of the
         aquifer or stream, adversely affecting its availability or
         fitness for other water uses (including public use);
     4.  The probable severity and duration of such impairment under
          foreseeable conditions;
     5.  The injury to public health, safety or welfare which would
         result if such impairment were not prevented or abated;
     6.  The kinds of businesses or activities to which the various
         uses are related;
     7.  The importance and necessity of the uses claimed by permit
         applicants or of the water uses of the area and the extent
         of any injury or detriment caused or expected to be Cciused
         to other water uses (including public use);
     8.  Diversion from or reduction of flows in other watercourses
         or aquifers; and
     9.  Any other relevant factors.

The Board is also directed to adopt regulations for capacity use areas
concerning timing of withdrawals, prevention of salt water encroach-
ment,  protection against "unreasonable adverse effects", and concern-
ing well spacing, pumping levels, and rates.  Permits must contain

                              - 11-80 -

-------
conditions to implement these regulations.

The Board has established one "capacity use area", including all or
part of eight counties along the Atlantic Coast.  Regulations adopted
by the Board require that any person drilling a well in the area
(whether or not they must obtain a use permit, but exempting domestic
wells) must obtain a well construction permit and file a report con-
taining specified information when completing or abandoning a well.

Where a water use permit is required, the regulation requires the
Board to establish in the permit the maximum total quantity that may
be withdrawn daily, allows the Board to specify the timing of with-
drawals, maximum rates of withdrawal, lowest water level that may be
produced in a well, and in addition allows the Board by the terms of
the permit to:
     a.  Require that the applicant cooperate with the Department of
         Water and Air Resources, and with other users of water in the
         affected area, in determining and implementing reasonable and
         practical methods and processes to conserve and protect the
         water resources while avoiding or minimizing effects on the
         quantity and quality of water available to persons whose water
         supply has been materially reduced or impaired as a result of
         withdrawals made pursuant to Water Use Permits.
     b.  Require that any portion of the water withdrawn be returned
         to the source or to any other stream or aquifer as approved
         by the Board.
                              - 11-81 -

-------
     c.  Require the holder of a Water Use Permit to obtain the
         Board's approval of the locations and distribution of indi-
         vidual surface water intakes and wells, and of the depths,
         zones, aquifers or parts of aquifers from which withdrawals
         may be made.
     d.  Require that each well or surface water intake be equipped
         with an approved metering device that will provide a contin-
         uous record of withdrawals within an accuracy of plus or minus
         five percent.
     e.  Require that observation stations or wells be installed and
         maintained for monitoring water levels and water quality.

The regulation also requires that the quantity of water be justified
for each purpose for which it is requested.

The regulation requires that specific information be supplied the
Board on well construction and abandonment, monthly withdrawals and
use, and monthly water levels.  The permit holder is also required to
notify the Board of any major changes in usage, and is told that he
may have to justify his continuing needs and to document water conser-
vation measures.  A permit may not be transferred without approval of
the Board.

The regulations also specify that no construction or installation of
works of improvement which significantly affect the quantity or qual-
ity of the water resources shall be undertaken without prior approval
of the Board, including surface and subsurface drainage projects

                              -  II-82 -

-------
(exempting small projects), well mining projects, and excavation pro-



jects.






                               FLORIDA






Florida has had some water use control laws for a number of years, but


in 1972 it enacted a comprehensive statute which is notable in a num-


ber of respects, one of these being its division of the state into six


"water management districts" by metes and bounds description contained

               o e
in the statute.    The water permit system may be administered by the



state Department of Natural Resources; in the alternative, the statute


allows the Department to delegate this authority to the board of gov-



ernors of a district, which can then issue permits under regulations


which it adopts to carry out a water management program for the dis-


trict.  (Governing boards are composed of nine residents of the dis-


trict appointed by the Governor.  In 1974, one district had adopted

            86
regulations,   and one was in the process.  The other four had not


initiated regulation making procedures.)






The department or the governing board:


      . . . may require such permits for consumptive use of water and


     may impose such reasonable conditions as are necessary to assure


     that such use is consistent with the overall objectives of the


     district or department and is not harmful to the water resources



     of the area.






Domestic uses and "nonconsumptive" uses are exempted from permit






                             - 11-83 -

-------
requirements.  Permits are issued for 20 years, or 50 years if necessary
to retire bonds.  Considerations on renewal are the same as those for
initial issuance.  A permit may be revoked for non-use or for viola-
tion.

An applicant for a permit must establish that the use he proposes:
     1.  Is a "reasonable-beneficial use" (i.e., "the use of water in
         such quantity as is necessary for economic and efficient
         utilization, for a purpose and in a manner which is both
         reasonable and consistent with the public interest");
     2.  Will not interfere with any presently existing legal use of
         water; and
     3.  Is consistent with the public interest.

In adopting a program for an area, under which permits are to be is-
sued, the Department or the governing board is to establish minimum
flow for all surface watercourses ("the limit at which further with-
drawals would be significantly harmful to the water resources or ecol-
ogy of the area") and the minimum levels for both ground and surface
waters.  The law allows the board or Department to provide for the
protection of nonconsumptive uses in the establishment of minimum flows
and levels.

The Department is instructed to give careful consideration to the re-
quirements of public recreation and the protection and procreation of
fish and wildlife.  It is authorized to prohibit or restrict other
uses on designated bodies of water which may be inconsistent with

                              - 11-84  -

-------
these objectives.  The governing board or the Department may by
regulation:
     reserve from use by permit applicants water in such locations and
     quantities and for such seasons of the year as in its judgement
     may be required for the protection of fish and wildlife or the
     public health and safety.  Such reservations shall be subject to
     periodic review and revision in the light of changed conditions;
     provided, however, that all presently existing legal uses of
     water shall be protected so long as such use is not contrary to
     the public interest.

The Department is also authorized to designate certain uses in con-
nection with a particular source of supply which may constitute an
undesirable use for which the governing board may deny a permit, and
certain uses in connection with a particular source of supply which
would result in an enhancement or improvement of the water resources
of the area, which uses shall be preferred over other uses.

Where two or more applications are for a quantity of water that is in-
adequate for both or all, the board or Department may approve or mod-
ify the applications which best serve the public interest.  If the ap-
plications are equally in the public interest, a renewal has preference
over an initial application.

For purposes of water shortages, the board or Department is allowed to
classify permits according to source of supply, method of extraction
or diversion, or use of water, and to impose restrictions on the

                              -  11-85  -

-------
permits as necessary "to protect the water resources of the area from
serious harm and to restore them to their previous condition".  If
this is not sufficient to protect "the public health, safety, or
welfare, or the health of animals, fish, or aquatic life, or a public
water supply, or recreational, commercial, industrial, agricultural,
or other reasonable uses", the board or Department may issue orders
necessary to meet the emergency, including apportioning, rotating, lim-
iting, or prohibiting use of the water resources of the district.

The regulations adopted by the Southwest District, in addition to the
constraints imposed by the statute,  prohibit any withdrawal that will:
     — Cause the flow of a stream or other watercourse to be lowered
        below the minimum flow established by the Board.
     — Cause the level of the potentiometric surface to be lowered
        below the regulatory level established by the Board, or below
        sea level.
     — Cause the level of the surface of water to be lowered below
        the minimum level established by the Board.
     — Significantly induce salt water encroachment.
     — Cause the water table to be lowered so that the lake stages or
        vegetation will be adversely and significantly affected on
        lands other than those owned, leased, or otherwise controlled
        by the applicant.
     — Exceed the water crop of lands owned, leased, or otherwise
        controlled by the applicant.  (Except where determined other-
        wise, the water drop  (precipitation less evapotranspiration)
        throughout the District will be assumed to be 365,000 gallons

                            - 11-86 -

-------
per year per acre.)
Cause the level of the potentiometric surface under lands not
owned, leased, or otherwise controlled by the applicant to be
lowered more than five feet.
Cause the level of the water table under lajnds not owned, leased,
or otherwise controlled by the applicant to be lowered more than
three feet.
Cause the level of the surface of water in any lake or other
impoundment to be lowered more than one foot unless the lake
or impoundment is wholly owned, leased, or otherwise controlled
by the applicant.
                          -  11-87  -

-------
Model Proposals

Some of the major features of three proposals for enactment by states
are described in the following material.  These are the Model Water
Use Act of the National Conference of Commissioriers on Uniform State
Laws, after which the Iowa statute was fashioned; the recommendation
of the National Water Commission; and the Model Water Code of the Uni-
versity of Florida, after which the Florida statute was fashioned.

Model Water Use Act.  The National Conference of Commissioners on
Uniform State Laws approved a Model Water Use Act in 1958.  This
proposal consisted of a permit system to allocate use of ground and
surface water based on the standard of "beneficial use9' (a use that
is "reasonable and consistent with the public interest in the proper
utilization of water resources, including, but not limited to,
domestic, agricultural, industrial, power, municipal, navigational,
fish and wildlife, and recreational uses").  Existing uses and
domestic uses would be exempted.  A permit could be issued if "the
most beneficial use and development of the water resources of the
state will not be impaired by granting the permit", and it will not
substantially and materially interfere with preserved uses, domestic
uses, or earlier permits.  A "preserved" use is a use existing at
the time of enactment, for which the user filed a declaration within
three years.
                            - 11-88 -

-------
Maximum duration of a permit could be 50 years, or less by regulation.
Permits could be revoked for non-use, violation of law, or, if a
source could not yield enough water for all, and a person applied for
a more beneficial use than some existing use, the existing user could
be required to relinquish his permit for reasonable compensation.

One of the features of this proposal which has not appeared in any
significant way in any of the existing statutes is a mechanism which
is in effect the reverse of the "delineated area" system — the law
is enacted to apply to all uses statewide, but the agency may then
exempt quantities or types of use for specified areas and periods if
it finds this would not be an "unreasonable impediment to the most
beneficial use of the water resources of the state".

The agency would also be authorized, if it found a shortage or threat-
ened shortage in any area of the state, to establish regulations for-
bidding construction of new diversion facilities or wells, initiation
of new water uses, or the modification of existing uses in the area.

Unlike the existing statutes, the Model act proposed a specific pro-
vision to overcome the riparian law, as follows:

     Permits may be granted without regard to whether, under the law
     operative in this State prior to the effective date of this Act,
     the use made under the permit could have been maintained only in
     connection with the specific lands, a particular natural water-
     shed, or otherwise.

                              - 11-89 -

-------
National Water Commission Recommendation.  In its Final Report in 1973,
the National Water Commission recommended that the states consider en-
actment of comprehensive water allocation laws/ suggesting basic fea-
tures that such a statute should incorporate.  The following excerpt,
describing the features of this proporal, is from the Commission's
Final Report, p. 281.

     The basic approach is to establish minimum flows to protect such
  •   social and ecological values as aesthetics, recreation, and the
     biosphere.  The water remaining is subject to development for use
     in producing goods and services.  The Commission would rely more
     on market forces to reallocate water to more valuable uses, and
     less on administrative allocation.  Thus, it seeks to give per-
     mittees certainty in legal tenure and as much certainty in phys-
     ical supply as the nature of the resource allows — for 'the twin
     purposes of encouraging original investment in the quantity of
     water committed to development and of facilitating the transfer
     of water to more productive uses by means of buying and selling
     water rights permits.

?he basic features of the Commission design are the following:

     1.  The permit system should apply to withdrawals existing at the
         time the legislation is enacted as well as to future with-
                                                                      i
         drawals.
     2.  The permit system should apply to withdrawals of ground water
                              - 11-90 -

-------
     as well  as  surface water, whether  or  not  the  supplies  are



     interrelated.



 3.   Any  person  or  organization  should  be  eligible to  apply for



     and  receive a  permit  for use  of water at  any  location.   Ri-



     parian restrictions on who  may use water  at what  locations



     should be abolished.



 4.   The  following  information should be contained in  each  permit:



     a.   the  source of supply



     b.   the  point  of diversion  or well location



     c.   the  place  of use



     d.   the  nature of use



     e.   the  volume of the withdrawal and  of consumptive use, on



         an annual  or seasonal basis, as may be appropriate



     f.   the  rate of withdrawal



     g.   the  times  of use, and



     h.   if practicably ascertainable,  the amount  of return flow



         and  the point at  which  it re-enters the hydrologic system.



 5.   After enactment of the legislation, no new withdrawal  should



     be allowed  unless a permit  has been issued; all existing



     withdrawals should be subject to termination  unless a  permit



     has  been obtained for them  within  a stated period of time



     (e.g., 5 years).



 6.   Permits  granted for withdrawals of water, from either  surface



     bodies or underground aquifers, should be subject to cancel-



     lation for  prolonged  non-use  and to modification  for pro-



     longed underuse.                                    >



 f.   Appropriate State administrative agencies should  be delegated
w






                          - 11-91  -

-------
         authority to establish and maintain minimum flows for surface
         streams, and minimum water levels for lakes, to prompte the
         public health, safety, and welfare, to safeguard private in-
         vestment made in reliance on streamflow and lake levels, and
         to protect the public interest in fish, wildlife, recrea-
         tional, aesthetic, and ecological values.
     8.  Water should be allocated in periods of shortage as follows:
         a.  Water users who initiated their withdrawals after enact-
             ment of the permit system should be curtailed in the in-
             verse order of the iate of their permits.
         b.  Water users whose withdrawals antedate enactment of the
             permit system should be curtailed only when supply is in-
             sufficient after all post-enactment permit holders have
             been curtailed; the available supply should be pro-rated
             among pre-enactment permittees according to volume of use.
         c.  Pre-enactment permittees should be curtailed when neces-
             sary to preserve essential minimum flows.
     9.  Permits should be made transferable to facilitate private
         bargaining for the reallocation of water to more productive
         uses, subject to administrative restrictions to protect the
         interests of other permittees and the public interest in min-
         imum streamflow.

Model Water Code, University of Florida.  A Model Water Code drafted
at the University of Florida was the basis for the Florida statute en-
acted in 1972.
                              -  11-92  -

-------
The Model Water Code  (and the Florida statute) allow a permit to issue
only for a "reasonable-beneficial use", defined as "the use of water
in such quantity as is necessary for economic and efficient utiliza-
tion, for a purpose and in a manner which is both reasonable and con-
sistent with the public interest."  This incorporates the "beneficial
use" of the Model Water Use Act, but adds a value judgement as to its
economic and efficient utilization.  The difference in operation would
be as follows;  under the Model Water Use Act, if there were enough
water to supply the use, a permit would have to be issued unless it
were shown that for some reason it would impair the "most beneficial
use and development of the water resources of the state"; under the
Model Water Code, and the Florida statute, even though there were
enough water for all uses, the proposed use would have to be "for a
purpose and in a manner which is both reasonable and consistent with
the public interest," and be limited in amount to the quantity
necessary for "economic and efficient utilization."

By contrast, the National Water Commission's proposal would include
none of these judgements.  It would allow the agency to protect cer-
tain in-stream values by regulating stream and other water levels, but
would include no judgment as to the beneficial nature of the use ap-
plied for, the public interest, or proper utilization of water.
                              - 11-93 -

-------
Control Point 5:  CONTROL OF WELL CONSTRUCTION AND OPERATION

A.  Water Wells

Most states regulate installation and abandonment of water wells/ and
license water well drillers.  Regulations may have three functions,
one a public health function to assure that wells are so constructed
as to provide a safe, drinking water supply/ another the "consumer pro-
tection" function of ensuring an efficient well, and another being to
prevent pollution of ground water through entry of surface water or
polluted or mineralized ground water into aquifers containing better
quality water.  Older regulations tend to emphasize the public health
function; a number of recent regulations are clearly directed at pro-
tection of ground water resources.

Statutes authorizing control of water well activities typically re-
quire that a permit be obtained by anyone who drills or re-opens a
well/ authorize an agency to adopt regulations/ authorize inspection/
and specify enforcement and appeal procedures.  Regulations/ some of
which go into considerable detail/ may include requirements concerning:
          Information to obtain a permit
          Location
          Well design and construction
          Well drilling equipment and materials
          Pump and other equipment.
          Testing
          Maintenance
          Abandonment

                              - 11-94 -

-------
          Records

The following material examines water well regulations with emphasis
on provisions applicable to prevention of ground water pollution.

Well Design and Construction

The Michigan regulation states that a water well shall be constructed
"in such a manner as to maintain, insofar as practicable, existing
natural protection against pollution of water bearing formations and
                                          87
to exclude pollutants from known sources".    The regulation then re-
quires that, a well be located (among other things) at least 150 feet
                                                                  f
from a preparation or storage area of spray materials, fertilizers, or
chemicals that may result in pollution of the soil or ground water,
and 50 feet from a buried sewer, septic tank, animal yard, etc.  A
well may not be located in an area subject to flooding unless special
protections are provided.  The regulation then provides that the
ground surface shall be graded so that surface water is diverted away
from the casing.  Following these requirements, the regulation speci-
fies the type of material, weight, and dimension of casing that may be
used, and method of grouting in detail.  It requires that casing shall
extend at least 25 feet below the established ground surface and where
possible below the pumping level in a sand or gravel well; it states
that a well obtaining water from a depth of less than 25 feet shall
not be used without written approval of the health officer.  It re-
quires a well casing or extension thereof to extend vertically at
least 12 inches above ground surface.  It specifies requirements for
well casing seals and connections, pump installation, platforms, water
suction and pump discharge lines, pressure tanks, and vents.

                              - 11-95 -

-------
The Michigan regulation is typical in content of other state water
well regulations, which vary in specifications and degree of detail.
The model regulation proposed by the Ground Water Resources Institute,
for example, contains more detail.    It first states the following
objectives for determining the type of well to be constructed:
     Construction should seal off, insofar as practicable, water
       bearing formations that are or may be polluted.
     The well shall be constructed so that no unsealed opening will be
       left around the well.
     The materials that are to be a part of the permanent well shall
       conform to the requirements of .... these Regulations.

The model regulation contains a table of the prescribed diameter and
depth, of the drillhole for grouting, well and well screen diameters,
minimum casing length and depth, liner diameter, and construction con-
ditions for various combinations of water bearing formation and
overburden.

(In May, 1976, the U. S. Environmental Protection Agency, published
"A Manual of Recommended Water Well Construction Standards", written
by the National Water Well Association, containing a substantially
more detailed treatment of this subject than any state regulations
or guidelines extant.  Subjects included test holes, well construc-
tion procedure, casing, grouting, well screens and perforations,
well filter construction, plumbness and alignment, well development,
testing, disinfection, water samples and analyses, permanent well
abandonment, and temporary capping.)

                            - 11-96 -

-------
Regulations of a number of states contain requirements specifically
directed at prevention of inter-aquifer movement of water to prevent
pollution of one aquifer by another, in addition to preventing pos-
sible pollution from the surface.

The North Carolina regulation, for example, in its construction stand-
ards requires that all water bearing zones containing polluted or
nonpotable mineralized water shall be adequately cased and cemented
off so that pollution of underlying or overlying water bearing zones
               89
will not occur.    It specifically prohibits multi-screened wells that
connect aquifers or zones which have differences in water quality that
would result in deterioration of the water quality in any aquifer or
zone, or which have differences in static water levels that would re-
sult in depletion of water from any aquifer or zone, or significant
loss of head in any aquifer or zone.

The Texas regulation contains the following provisions concerning "un-
desirable water" overlying fresh water, and underlying fresh water:

     When undesirable water is encountered in a zone overlying fresh
     water, surface casing or other blank casing with a cement basket
     or packer shall be set at the top of the fresh water zone, or at
     some distance below the base of the undesirable water zone, and
     the annular space between the outside wall of the casing and the
     wall of the borehole shall be filled with cement from the base of
     the surface casing, or the top of the cement basket or packer to
     the land surface, or throughout the entire undesirable water zone,

                              - 11-97 -

-------
     The necessary vertical (uphole and downhole) extent of the ce-
     menting operations in respect to an undesirable water zone will
     depend upon the condition of the borehole, lithology of the sec-
     tion penetrated or the hydrostatic pressures within the aquifers;
     however, all cementing programs must prohibit the contact of
     highly corrosive fluids with the wall of the casing.

     When undesirable water is encountered in a zone beneath but in
     hydraulic contact with the overlying fresh water zone, the part
     of the well opposite the undesirable water zone and lower portion
     of the overlying fresh water zone shall be filled with cement in
     order to prevent the entrance of the undesirable water into the
     pumping well.  The lower half or the bottom 25 feet of the fresh
     water saturated interval, whichever is lesser, shall be sealed
     off.

     When undesirable water is encountered in a zone beneath but not
     in hydraulic contact with a fresh water zone, the wellbore shall
     be filled with cement to the base of the lowermost fresh water
     zone,, or the wellbore below the fresh water zone may be filled
     with fine sand, clay or heavy mud to form a base for a cement
     plug to be placed between the lowermost fresh water zone and the
     undesirable water to form a permanent seal to prevent the upward
     migration of undesirable water into the fresh water zone-

The Florida regulation states that in areas where, as a result of con-
struction of a well, an interchange of water between water bearing

                              - 11-98  -

-------
zones may occur and may result in deterioration of the quality of
water in one or more zones/ or loss of artesian pressure, the inter-
change shall be prevented through proper design or construction of the
well; and that if it cannot thus be prevented, the well shall be aban-
                  91
doned and plugged.

Maintenance

In addition to design and construction requirements, some regulations
specifically require that the well be maintained in a condition to
prevent pollution of ground water.  The North Carolina regulation con-
tains several specifications for this purpose, including a requirement
that "broken, punctured, or otherwise defective or unserviceable cas-
ing, screens, fixtures, seals, or any part of the well head, shall be
repaired or replaced, or the well shall be properly abandoned."

Abandonment

The Oregon regulation is an example of a brief form:
                                                                i

     Any well that is to be permanently abandoned shall be filled in
     a manner so as to prevent the well from being a channel allowing
     the vertical movement of water and a possible source of contami-
                                       92
     nation of the ground water supply.

The Texas regulation specifies that the well be filled with cement to
the land surface, but also specifies alternatives depending upon

                              - 11-99 -

-------
whether there is undesirable water above or below the fresh water
zone.
The North Carolina regulation contains several specific requirements,,
including one that in the case of gravel packed wells in which casings
and screens have not been removed, the casing shall be perforated op-
posite the gravel pack at intervals not exceeding ten feet.  It spe-
cifically allows casing and screen to be salvaged.  It required that
bored wells be completely filled; for wells in unconsolidated forma-
tions, it requires that this filling be done by introducing cement
grout through a pipe extending to the bottom of the well which can be
raised as the well is filled.

A regulation of the San Joaquin Local Health District, California (in
that state regulations are local, adopted under state recommended
standards), requires "destruction" of any well that no longer serves a
useful purpose, or has fallen into such a state of disuse or disrepair
                                                                  94
that it may become a source of impairment to ground water quality.
The regulation is thorough, requiring that the interior of the casing
first be cleaned to eliminate obstructions that might interfere with
sealing procedures.  It specifies filling of the well, with the fol-
lowing additional requirement:

     If there is no annular seal or if occurrence is unknown, the cas-
     ing shall be perforated upward beginning just above the filler
     material for a distance of approximately five (5) feet.  Grout
     shall be applied above the filler material in such a manner that

                             - 11-100 -

-------
     the grout will be forced out of the holes, forming a barrier to

     the vertical movement of
The regulation also requires, for the protection of the seal and to

facilitate future use of the land site, that a three foot hole be ex-

cavated around the drill casing, the casing cut off six inches above

the bottom of the hole, and that during the sealing operation the

grout used to fill the well be allowed to spill over into the excava-

tion and fill it for a thickness of one foot and form a cap which has

a diameter of at least one foot greater than the diameter of the orig-

inally drilled hole.  The excavation is then filled with soil.



A San Joaquin County ordinance authorizes the district health officer

to destroy any well that is polluted or so located as to become pollu-

ted or is a safety hazard, and to recover the cost of destruction from

the owner of the property on which the well is located.95



B.  Oil and Gas Wells



Regulation of the drilling of wells and other operations in connection

with oil and gas production has been primarily motivated by a recog-
                   ;
nition by oil and gas producers of the need for orderly development of

oil fields in order to prevent waste of the resource and the economic

waste which results from unregulated competition for the resource.

Many of the provisions directed at prevention of waste, such as well

construction and abandonment requirements, also work to prevent water
                             - 11-101 -

-------
pollution.  Each oil and gas law also contains specific provisions for
the protection of water resources.

The terms of state water pollution control laws generally apply to
pollution of surface and ground water from oil and gas operations.
Provisions in oil and gas laws to prevent water pollution are in addi-
tion to those of the water pollution control laws, providing .in effect
special requirements that are inherent in other oil and gas regulatory
activities.

A typical law regulating oil and gas production activities requires
that an operator prior to drilling submit certain information in order
to obtain a permit, post a bond to ensure compliance with the law, and
that he follow the statute, regulations, and orders of the administer-
ing agency in drilling, casing, cementing, producing, waste disposal,
reporting, fluid injection, and abandonment and plugging.  The law
will contain provisions for minimum acreage and minimum distance con-
cerning location of wells, procedures for pooling and unitization,
safety requirements, and inspection.  It will contain general prohi-
bitions against pollution of water resources, and some specific pro-
visions affecting water pollution.

General Requirements Concerning Water Pollution

The Kansas regulation is an example of a general requirement:

     Fresh water, whether above or below the surface, shall be pro-

                             -  11-102  -

-------
     tected from all avoidable pollution, whether in drilling, plug-
                 *  •    96
     ging, or producing.
This type of general statement or prohibition is common in the state
statutes and regulations governing oil and gas well drilling.  As in
the Kansas regulation, it is accompanied by various specific provis-
ions directed at prevention of water pollution.

Regulation of Specific Practices Affecting Water Pollution

The Interstate Oil Compact Commission recently made a survey of state
requirements concerning prevention of water pollution resulting from
oil and gas operations.  The survey covered, in part:

     1.  Protection of fresh water aquifers penetrated by oil and gas
         drilling operations.
     2.  Salt water pollution resulting from oil and gas operations,
         and monitoring of salt water disposal and secondary recovery
         water injection wells for leakage.
     3.  Plugging of wells where leases have been abandoned and no
         responsible parties can be found or where individuals are
         financially unable to plug the well.

These three subject headings represent the three major potential
sources of ground water pollution from oil and gas well drilling opera-
tions.  The following material refers both to the results of the sur-
vey and to specific regulations.

                             - 11-103 -

-------
     1.  Protection of fresh water aquifers penetrated by oil and gas
        \
drilling operations.  The survey found that all but a few states re-
quire installation of surface pipe to protect all known fresh water
aquifers penetrated by oil and gas drilling operations, and that this
"string" be cemented to the surface.

"Surface pipe" is the outside casing of a well that is primarily de-
pended upon to support and protect the well.  Other casing is set in-
side this casing.  It runs from the surface to various depths, depend-
ing upon the type of well, geological formations, presence of water,
and other considerations.  Cement is required to be placed in the
space between the outside of the casing and the sides of the borehole
to prevent fluids or gases from moving up or down outside the casing.

An example of a regulation stated in general terms is that of Kansas:

     Every person, who shall drill, or cause to be drilled a well or
     test hole, for any purpose, that penetrates formations containing
     oil, gas, fresh water, mineralized water, or valuable minerals,
     shall case or seal off such formations as may be necessary to
     effectively prevent migration of oil, gas, or water from or into
     strata that would be damaged by such migration.  The effective-
     ness of such casing or sealing off shall be tested in such manner
     and by such methods and means as may be necessary, or as may be
     prescribed or approved by the commission, or its authorized rep-
          ^ J.. •    97
     resentatives.
                              -  11-104  -

-------
An example of a relatively detailed regulation is that of Texas:

     RULE 13.  CASING
          A. (1)  The operator of any well drilled in any field or
     area shall be required to set and cement a sufficient amount of
     surface casing to properly protect fresh water sands which are
     now, or may be, a source of water supply for the area or field.
     Cementing shall be by the pump and plug method and sufficient
     cement shall be used to fill the calculated annular space back of
     the casing to the surface of the ground or to the bottom of the
     cellar.  In areas where pressure conditions are unknown, or are
     known to be high, a blowout preventer, control head, and other
     connections to keep the well under control at all times shall be
     installed as soon as surface casing is set.  The blowout preven-
     ter shall be of such type of construction and operation as to
     satisfy any test which may be required by the Commission or its
     duly accredited agent.
     2.  (a)  Exception to the cementing requirements called for in
     this rule may be granted by the Commission on application.  An
     operator shall, before drilling and setting casing in his first
     well in a field or area, obtain from the Texas Water Development
     Board a letter stating where the fresh water sands are found in
     the area or field in question.  Such operator must set the sur-
     face casing to the depth recommended by the Texas Water Develop-
     ment Board to protect all fresh water sands.  However, in lieu of
     setting the full amount of surface casing required to protect
     fresh water sands in the area or field in which there are no

                             - 11-105 -

-------
     field rules in effect, and in fields wherein special rules re-
     quire the setting of a specific amount of surface casing to pro-
     tect all fresh water sands an operator may, upon written applica-
     tion to the Commission, use the multi-stage cementing process.
     When an operator wishes to use the multi-stage cementing process,
     he must outline in his application to the Commission the minimum
     amount of surface casing desired to be set before operations are
     commenced, and permission must be obtained from the Commission.
     After the operation is completed, he must then.file with the
     Commission an affidavit made by the cementing company's repre-
     sentative showing where the stage cement tool was set and the
                                                     98
     number of sacks of cement used in the operation.

The Texas regulation also contains general requirements for casing,
requiring that the program include at least three strings of pipe in
addition to the drive pipe.  It includes test pressures which the pipe
must withstand.

According to the IOCC survey, most states conduct tests to determine
                                                                 i   i
the adequacy of the cement job, but a minority require that the tests
be witnessed by state inspectors.                                   ,  •

Almost all states require that when the well is abandoned, a cement
plug be made at the bottom of the surface pipe.  Typical size of such
a plug is 50 feet, but Florida requires a 200 foot plug.  Almost all
states also require that a cement plug be placed at the top of the
surface pipe.

                             - 11-106 -

-------
A typical regulation requires notification of intent to plug and aban-



don a well, so that the administering agency may give instructions for



plugging.  The Michigan regulation states that these instructions



shall:







         . . . specify the type and amount of plugging material to be



     used, the depths at which bridges are to be set, the depths and



     lengths of cement plugs, and any special requirements which may


                                                      99
     be necessary for the proper plugging of the well.







That regulation also states:



        All oil, gas, brine, and fresh water shall be confined to the



     strata in which they occur by the use of mud-laden fluid, cement,



     other suitable material, or combinations thereof.  The amount,



     type and kind of material and the method of placement shall be



     prescribed or approved by the supervisor.







The Texas regulation is more detailed.  The part of it that refers



specifically to protection of water is as follows:







         (d)  When insufficient surface pipe is set to protect fresh



     water horizons and they are exposed when production casing is re-



     moved from the well, or as a result of production casing not being



     run, a cement plug shall be placed from fifty (50) feet below the



     base of the deepest fresh water sand to fifty (50) feet above the



     top of the sand.  This plug shall be proven by tagging with the



     drill string and respotting if necessary.  A one hundred  (100)







                             - 11-107 -

-------
     foot cement plug shall also be placed from fifty (50) feet below
     the shoe of the surface casing to fifty (50) feet above it.
        (e)  Additional cement plugs shall be placed to adequately
     cover and contain any high pressure gas or water sands OH AS MAY
     BE REQUIRED BY THE DISTRICT DIRECTOR.  (Emphasis in the
         , „•   x100
     regulation.)

     2.  Salt water pollution resulting from oil and gas operations,
and monitoring of salt water disposal and secondary recovery water
injection wells for leakage.  The survey indicated that most states
allow use of earthen pits or lagoons for storage or disposal of brine
produced in connection with oil or gas; however, a number of these
states severely restrict their use.

States control brine in various ways.  Those that allow pits may re-
quire that they be impermeable, or that they be used in limited situ-
ations, or not be used where they might cause pollution.

Colorado has a detailed regulation on retaining pits for the storage
of produced water which states general requirements and a special per-
mit procedure.  It requires:

     Pits shall be kept free of surface accumulations of oil;
     Each operator shall file an Affidavit of Condition of Operator's
       Retaining Pits on the 10th day of each month;
     If the waters to be contained in any retaining pit are of such
       salt, brackish or other quality as to cause pollution if they

                            - 11-108 -

-------
       were to reach other waters of the state the pit shall be con-

       structed, maintained and operated so as to prevent any surface
                                                                I     >
       discharge that directly or indirectly may reach the waters of

       the state and also lined so as to prevent seepage where the

       underlying soil conditions are such as to permit such seepage

       reaching subsurface fresh waters.




The regulation then states that no statewide rule governing construc-

tion and lining of pits is adopted due to the varying conditions that

may be encountered, but that early planning for non-polluting disposal

must be inaugurated.  Following is a summary of provisions applicable

to retaining pits constructed after August 1, 1971:



     1.   Except for temporary storage and disposal of substances pro-

          duced in the initial completion and testing of wells, no

          retaining pit may be constructed without a permit.

     2.   Application shall include legal location, plan showing com-

          plete battery for storage, map of surface water resources

          and ditches, plan for the pit including proposed lining, a

          detailed log describing soil in which the pit to be con-

          structed and strata between the bottom of the proposed pit

          and top of the nearest fresh water source below the pit

          (including percolation studies if required), statement of

          proposed final disposition and amount of produced water,

          chemical analysis of water to be stored and of the fresh

          water next below the bottom of the pit and all other fresh

          water strata that might be affected, and any other pertinent



                             - 11-109 -

-------
          information showing that anticipated operation of the pro-


          proposed retaining pit will not violate the intent of the


          Colorado Water Pollution Control Act.


     3.   A hearing will be held after notice to all interested parties.


     4.   The Commission may require lining or other water proofing of


          treatment  and retaining pits, chemical or other water treat-


          ment, installation of monitoring systems and provisions for


          reporting requirements.




The regulation also states that as soon as practicable and economically


feasible after production is established in any field, all prpduced


water shall be disposed of underground.




A new Ohio regulation requires that all water produced from a well be

                                                   1 no
stored in steel tanks before disposal by injection.    Wells completed


prior to the effective date of the regulation may continue to use pits


for storage.




The survey found that almost all states have a system of inspection or


monitoring of injection well or other disposal systems; however, the


regulations typically require only periodic reports by the operator,


and that the administering agency make annual inspections.  Texas re-


quires that all wells be equipped so as to permit observation of pres-


sure between the two strings of casing at the wellhead, so that new


casing may be required if necessary.103




     3.  Plugging of wells where leases have been abandoned and no




                              -  11-110  -

-------
responsible parties can be found or where individuals are financially
unable to plug the well.  Almost all states require that an applicant
for a permit to drill an oil or gas well file a performance bond, but
the survey found that most states do not provide funds for the plug-
ging of wells where no responsible person can be located.

Most regulations require periodic reporting of all wells, including
those whose production operations or use as a service well have ceased,
until the wells are actually plugged.  Most states also set a time
limit for plugging wells after they are found to be dry or have no
further utility, varying from 30 days to a year.

Control Point 6:  AIR QUALITY STANDARDS

The states have enacted statutes and adopted regulations to control
air pollution, primarily in response to the 1970 Amendments to the
Federal Clean Air Act, which required states to meet federal standards.
The statutes do not by their terms relate to pollution of ground water.
Effect on ground water would result from control of pollutants which
by being washed into streams or by falling on the ground could pollute
ground water by infiltration or leaching, by affecting vegetation, or
possibly by affecting ground water recharge by sealing stream bottoms
or land areas through which recharge occurs.

A typical statute authorizes the state agency to adopt regulations for
the control of air pollution, prescribing ambient air quality stand-
ards (the air outside of buildings, stacks, etc., which surrounds

                             - 11-111 -

-------
human plant or animal life, or property), and emission standards for
the purpose of achieving ambient air-quality standards.

The statute may require that a permit be obtained for installation or
operation of polluting equipment, and enable the agency to issue vari-
ances, the purpose of which is to establish conditions and deadlines
for compliance with standards.

The statute enables the agency to require that monitoring devices be
installed and that certain records be maintained, and reports filed,
and enables the agency to make inspections and investigations, install
monitoring equipment, and otherwise to enforce the law and regulations.

The Council of State Governments proposed a Model State Air Pollution
Control Act in 1973.

Control Point 7:  CONTROL OF LAND SPREADING OF POTENTIAL POLLUTANTS

A.  Irrigation Using Waste Water

Spraying of sewage effluent on land as a disposal method is specif-
ically regulated in only a few states.  Most states treat such disposal
on a case-by-case basis in light of water quality standards, the
same as any other discharge.  Maryland specifically requires a
discharge permit for waste water effluents disposed of by means of
spray or other land irrigation systems, as one of the permits used
to enforce the water quality standards it has established for

                            - 11-112 -

-------
                                      104
its three classifications of aquifers.
A succinct statement of the function of ground disposal of waste
water and considerations for site location and design of disposal
fields appears in New York's Standards for Waste Treatment Works,
Municipal Sewerage Facilities, as an introduction to presentation
of detailed requirements for a design report for ground disposal of,
waste water:
          Ground disposal installations are normally used where the
     waste contains pollutants which can successfully be removed
     through distribution to the soil mantle.  These pollutants can
     be removed through organic decomposition in the vegetation-soil
     complex and by absorptive, physical, and chemical reactions with
     earth materials.  Preliminary considerations of a site for
     ground disposal should be the compatibility of the waste with
     the organic and earth materials and the percolation rates and
     exchange capacity of the soils.  The ground disposal of waste-
     water will eventually recharge the local groundwater; therefore,
     the quality, direction and rate of movement and local use of
   .  the groundwater, present and potential, are prime considerations
     in evaluating a proposed site.
          It is essential to maintain an aerated zone of at least
     five feet and preferably more, to provide good vegetation growth
     conditions and removal of nutrients.  It must be realized a
     groundwater mount will develop below after it is in use.  The
     major factors in design of ground disposal fields are topography,
     soils, geology, hydrology, weather, agricultural practice,

                            - 11-113 -

-------
     adjacent land use and equipment selection and installation.

Detailed requirements specifically directed at spray irrigation for
the purpose of protecting ground water are exemplified by the Spray
Irrigation Manual published by the Bureau of Water Quality Management
of the Pennsylvania Department of Environmental Resources.  An
introduction to the manual states:
          Since roughly 50 per cent of waste waters discharged to
     the land surface in Pennsylvania will infiltrate and recharge
     ground water, all spray irrigation installations are considered
     discharges to the waters of the Commonwealth.  As such, each
     installation will require a Department of Environmental Resources
     permit under the Clean Streams Law.

The manual provides guidelines for locating and evaluating sites,
and in designing spray irrigation systems.  Factors include soils,
geology, hydrology, weather, the agricultural practice involved,
and adjacent land use.  The guidelines set standards for treatment,
storage, screening, controls, piping, sprinklers, distribution diameter
(not in excess of 140 feet), spacing, and application rate.  Following
is the instruction on application rate:
          The hydraulic application rate must be selected to not
     exceed the infiltration capacity of the soil.  The waste load
     applied must be adjusted to assure proper residency within the
     soil mantle at the hydraulic loading rate in order to.achieve
     the desired degree of treatment.  Proposed application rates
     will not be accepted without substantiating data.  Application

                            - 11-114 -

-------
     rates in excess of 1/4 inch per hour and 2 inches per week
     for each section of the field will be considered only under
     extremely extenuating circumstances supported by detailed
     substantiating data.  Under usual conditions the ground water
     mound which will be built by the added infiltration should not
     reach within 10 feet of the ground surface.  For municipal/do-
     mestic type sewage systems it will usually be advantageous to
     lay out the field in seven lines or sections to facilitate
     daily rotation of the irrigated sections.  For industrial plants
     the number of sections is usually determined by the number of
     working days and/or shifts. ^-^6

Florida also has detailed guidelines for disposal of waste waters by
irrigation.  Its Department of Pollution Control specifies type of
treatment for low rate (between 2 to 3 inches per week) and high
rate (maximum 4 inches per week) of application for irrigation and
crop harvesting, and spraying for purposes of recharge (1/40 of
initial percolation rate).  For each category the guidelines specify
detention time for holding basin,  depth to ground water (at least
5 feet for irrigation, 18 inches for recharge), and buffer zone for
adjoining property.  An introduction states:
          It is significant to note that provision has been made
     in these guidelines for use of soils as treatment media as
     compared to their conventional use as sinks for treated waste-
     waters.107

Idaho's regulation states that land disposal of liquid waste "shall

                            - 11-115 -

-------
not create a ground water mound or result in a salt build-up on
another person's property".  It requires that the waste water used
be biologically degradable, but allows use of other waste water if
it can be shown that it will have no adverse effect on underlying
ground water.  An applicant for a permit must "provide reasonable
assurance that the earth material underlying the proposed disposal
site will not allow direct rapid movement of pollutants into the
                         108
underlying ground water".


Guidelines and regulations typically require at least secondary
treatment of wastes to be sprayed, and contain requirements for
monitoring ground water.  Wisconsin allows spraying of untreated
dairy, canning, and meat-packing waste.  It also requires monitoring
of specified volumes for:  municipal waste or meat-packing, if over
100,000 gallons per day; for dairy waste, if over 85,000 gallons
                                                                109
per day; and for canning waste, if over 340,000 gallons per day.
Washington requires only primary treatment, but allows land disposal
only for five years in one location.
The U. S. Environmental Protection Agency in its 1974 "Water Quality
Strategy Paper", acknowledging the limited authority given it con-
cerning ground'water under the 1972 Federal Water Pollution Control
Act Amendments, listed its incidental powers to affect ground-water
quality.  Among these is the following:
          Grants for the construction of publicly owned treatment
     works employing land disposal or aquifer recharge will be


                            - 11-116 -

-------
     contingent on the design of the project to meet specific


     groundwater quality standards in the zone of saturation for


     heavy metals, dissolved salts, nitrates, and organic pollutants.


     These criteria are contained in the definition of best practicable


     waste treatment technology  (BPWTT).^H




The Center for the Study of Federalism of Temple University in "The
             '"PV
Beneficial Use of Waste Water Through Land Treatment"  (1972) reported


that only 14 states regulated land treatment (land disposal) of


wastes.  General patterns reported for a survey of all states'


regulations were "a disappointing lack of information about land


treatment, a great deal of misinformation, and an even greater lack


of interest".112




California's Water Reclamation Law applies broadly to any use of


treated waste water, whether for land disposal, injection for recharge,


or other use.  It requires each regional water quality board to


prescribe water reclamation requirements for water used or proposed


to be used as reclaimed water.  These must be in conformance with


statewide reclamation criteria established by the State Department


of Health.  Anyone reclaiming or proposing to reclaim water, or


using or proposing to use it for any purpose for which reclamation
                                  i

criteria have been established, must file with the regional board


a report containg such information as the board requires.  Reclaimed


water may not be injected directly into an aquifer that is suitable


for domestic water supply until a finding by the State Department of


Health, after a public hearing, that the proposed recharge will not




                             - 11-117 -

-------
impair the quality of water in the receiving aquifer.113

B.  Land Disposal of Wastes

Land spreading of particular wastes is occasionally included as a
subject of regulations concerning particular types of waste.  For
example, Maine has regulations and guidelines for septic tank sludge
disposal on land (see part 3.B. above).  Oregon regulates spreading
of animal wastes as part of its animal feedlot regulation (see part
3.C. above).  Maine has issued guidelines for manure and manure
sludge disposal on land.114

Sewage sludge.

Regulatory provisions governing municipal sewage treatment and
disposal frequently anticipate that sewage sludge will be spread on
land.  Oregon, for example, has a specific regulation for spreading
of sewage sludge.

It requires either that sewage sludge disposal be adequately covered
by specific conditions of a Waste Discharge Permit, or that a special
permit be obtained based upon detailed plans and specifications.
Spreading of septic-tank pumpings and raw sewage sludge is prohibited
unless it is specifically determined by the Department of Environmental
Quality or state or local health agency that such disposal can be
conducted with assured, adequate protection of public health and
safety and the environment.  If non-digested sludge is spread on

                            - 11-118 -

-------
land within 1/4 mile of a residence, community, or public use area,
it must be plowed into the ground, buried, or otherwise incorporated
into the soil within five days after application.  Where disposed
                 i
of in a lagoon and there is a potential for ground-water contamination,
monitoring wells are required.H5

Provisions of state specifications for the operation of municipal
waste treatment plants may contain specific provisions affecting
land spreading of sludge.  The criteria for review of waste water
treatment facilities of the Colorado Department of Health, for
instance, allows land spreading of stabilized sludge only.  Plans
must be submitted containing a detailed description of the process
                116
and design data.

Illinois' Design Criteria for Waste Treatment Plants requires that
ultimate disposal of sludge wastes not cause air, land, or water
pollution, including ground and surface waters.  A permit must be
obtained from the Division of Land Pollution to dispose of non-liquid
sludges, or from the Division of Water Pollution Control to dispose
of liquid sludges.  Basic feasibility study information is required
to be submitted for review prior to submitting the detailed project
design.    The Illinois regulation by reference incorporates require-
ments of the Great Lakes - Upper Mississippi River Board of State
Sanitary Engineers recommended standards for feasibility studies
and design proposals for ground disposal of waste waters

Industrial Sludges

                            - 11-119 -

-------
In most states, the basic prevision of state law applicable to land



spreading of industrial sludges is the prohibition in its water pollu-



tion control law against polluting waters of the state.  A state with



only this provision generally aas the burden of showing that pollution



of surface or ground water is resulting from the sludge disposal.







Pennsylvania has changed this burden with its "potential pollution"



statute, which allows the state, where storage, disposal, etc., of



materials creates a danger of water pollution, or where regulation



of the activity is necessary to avoid such pollution, to require



by rule that the activity be conducted only pursuant to a permit



issued by the Department of Environmental Resources, or it may make



an order regulating the activity. ^ The Department has by rule



required that a person or municipality engaged in an activity which



includes the impoundment, production, processing, transporation,



storage, use, application or disposal of polluting substances take



all necessary measures to prevent such substances from reaching


                                                   T) 9 n
waters of the Commonwealth, directly or indirectly.ix'u The Department



may require a report or plan setting forth the nature of the activity



and the nature of the preventative measures taken to comply with the



requirement that pollution be prevented.  A permit is required for



land spreading of sludges.  The Department is currently preparing



guidelines and regulations on industrial sludges and sewage sludge.







Michigan also uses a general provision, which requires the same



procedures in the case of spreading of sludge as for lagoon



storage of wastes.








                            - 11-120 -

-------
A person who wants to dispose of wastes on the ground must file a

       i         '

"new use statement", drill three initial observation wells, and



f.|le an application for a ground-water discharge permit, which is



reviewed by the Water Resources Commission.  The permit allows



disposal of specified wastes under a specified monitoring program.



The permittee must sample and report each month, and the agency



also checks monthly.  The Commission establishes requirements industry


            191
by industry. ±*"L







Various types of special laws may apply to spreading of industrial



sludges, such as Massachusetts' Hazardous Waste Regulations, re-



quiring approval of the site by the Division of Water Pollution


        122
Control;    New York's "Industrial Waste Scavenger" Law which re-



quires a license for anyone engaged in the business (among other



things) of scavenging or disposing of industrial process waste



products including sludges, by which the Department of Environmental


                                                      123
Conservation may control place and manner of disposal;    and



Virginia's law regulating industrial establishments, which requires



anyone constructing or operating an establishment from which there



is a potential or actual discharge of wastes to state water, to



provide approved facilities for treatment or control.   ^







A number of states utilize their solid-waste disposal laws.  Florida's,



for instance, provides that disposal of waste sludges be done with



special consideration of air and water pollution, but allows them



to be handled at a solid-waste site only if no alternate disposal



methods are available.  The general provision is a permit requirement







                           - 11-121 -

-------
for any activity which will "reasonably be expected to be a source



of pollution".125







Illinois authorizes disposal of sludge in a sanitary landfill if-


                                  126
specifically authorized by permit.    California's system



described under Solid Waste Disposal (Control Point 3.A. above),



includes sludges under its waste and site classification system



that includes solid and liquid wastes.







C.  Other Substances







A Massachusetts statute authorizes the Pesticide Board to adopt regu-



lations governing pesticides, including regulations concerning



application to land, as necessary to protect the public health and


                                                              127
the public interest in soils, waters, forests, wetlands, etc.   '



The regulations require that any user obtain a permit; the Board



conditions permits on an individual basis as may be required for



particular applications.  The regulation states:







     Pesticide applications made for agricultural purposes shall be



     conducted in such a manner that hazardous concentrations on



     adjacent lands and in adjacent waters is avoided.







The regulation prohibits pesticide application on the watershed of



a public water supply unless approved by the Pesticide Board with



approval of the Department of Public Health, but it does not relate



specifically to ground water.







                            - 11-122 -

-------
Control Point 8:  CONTROL OF STORAGE AREAS

A. Storage of Waste

Various types of laws affecting waste disposal may refer to storage
as distinct from disposal, such as solid waste disposal laws (part
3.A. above) and animal feedlot regulations (part 3.C. above).  Deep
well disposal regulations may require surface storage areas to
be used in the event of malfunction of the deep well disposal system
        i
(part 3.D. above).  Oil and gas drilling laws regulate surface
pits used for the storage of oily wastes, water, mud, and brine
from drilling and production of oil and gas  (part 5.B. above).
Coal strip mine reclamation laws affect storage of refuse during
mining operations (part 9.A. below).

In most states/ collections of industrial waste are not subject to
any special regulations but are considered simply as sources of
pollution which, if it can be shown that they affect or may affect
surface- or ground-water quality, may be maintained only under an
NPDES or a state permit.  Application of these laws to industrial
waste lagoons may simply be inferable from the general provisions
of the statute, or specific, as in the Montana statute which
specifies that the provisions of its water-pollution control law,
including permit requirements, apply to:

     drainage or seepage from all sources including that from
     artificial, privately owned ponds or lagoons if such drainage

                            - 11-123 -

-------
     or seepage may reach other state waters in a condition which


                                        12*1
     may pollute the other state waters.
A state with only general statutory provisions may find itself



in the position of having to prove that pollution of ground water



is occurring as a result of a storage activity, before it can pro-



hibit or otherwise control the operation.  It is to overcome this



difficult burden that states have expanded upon their control



authority in various ways.







A Pennsylvania regulation, for example, requires that impoundments



for storage of industrial or other wastes be structurally sound,



impermeable, protected from unauthorized acts of third parties,



and that they maintain a two-foot freeboard.  If a person or



municipality is operating or intends to construct an impoundment



to contain more than 250,000 gallons of waste, or where total



capacity of several impoundments on any tract of land exceeds



500,000 gallons, or wherever the Department of Environmental



Resources determines that a permit is necessary to prevent pollution,



a permit must be obtained.  The Department may approve the location,



construction, use, operation, and maintenance of the impoundment



based upon a plan that the applicant must submit .129






The Pennsylvania statute allows regulation by permit of impounding,



handling, storage, transportation, processing or disposal activities



that create a danger of water pollution, or where regulation of the



activity is necessary to avoid such pollution.







                            - 11-124 -

-------
Michigan, without a specific regulation for lagoons, controls
industrial waste collections through its water pollution control
law and regulations.

The Michigan statute requires that every industrial or commercial
entity which discharges liquid wastes into any surface or ground
waters, underground, or on the ground, must have waste treatment
or control facilities under the specific supervision and control
of persons who have been certified by the Water Resources Commission
as properly qualified to operate the facilities.  This person
must file monthly reports to the Commission showing the effectiveness
of the treatment or control operation and the quantity and quality
of liquid wastes discharged—subject to revocation of his certificate
                              i ^i
if he makes a false statement.  x

In addition, the statute requires every person doing business within
the state annually to report discharge of waste water (other than
sanitary sewage) indicating quantities of "critical materials"
used in its manufacturing processes.  The Commission maintains a
"Critical Materials Register" of organic and inorganic materials
for this purpose.

The Michigan statute also requires a person engaged in removing
liquid industrial wastes from the premises of others to be licensed
and bonded, requires licensing and marking of his vehicles, and
requires the licensee to keep records of materials transported
and places of disposal.  This law prohibits the licensee from

                            - 11-125 -

-------
disposing of wastes onto or into the ground except as approved by

               1 -3 O
the Commission.  J  A few other states have similar laws New York's


law in addition applies to septic-tank cleaners.






An approach used by some states is requirement of a permit for


construction of waste-creating facilities.  A rule of the Florida  ,


Department of Pollution Control requires:


          Any stationary installation which will reasonably be



     expected to be a source of pollution shall not be operated,


     maintained,  constructed, expanded, or modified without an


     appropriate and currently.valid permit issued by the Department,


     unless the source is exempted by Department rule.  The Depart-


     ment may issue such permit only after it is assured that the


     installation will not cause pollution in violation of any of


     the provisions of Chapter 403, FS, or the rules and regulations

                            i o Q
     promulgated thereunder. ^






Applicable regulations are detailed, including standards for issuance


or denial (the applicant must affirmatively provide the Department



with reasonable assurance based on plans, test results, and other


information that the activity will not cause pollution); revocation


(including revocation for refusal to allow inspection); and detailed


requirements for obtaining a permit, which includes:


          An engineering report covering plant description arid


     operations,  types and quantities of all waste material generated


     whether liquid, gaseous or solid, and proposed waste control


     facilities,  the treatment objectives and the design criteria






                            - 11-126 -

-------
     on which the control facilities are based, and other informa-



     tion deemed relevant.  Design criteria shall be based on the



     results of laboratory and pilot-plant scale studies whenever



     such studies are warranted.  The design efficiencies of the



     proposed waste treatment facilities and the quantities and
          t


     types of pollutants in the treated effluents or emmissions



     shall be indicated. . . .



          Owners written guarantee to meet the design criteria



     as accepted by the Department and to abide by Chapter 403, FS,



     and the rules and regulations of the Department as to the



     quantities and types of materials to be discharged from the



     plant.  The owner may be required to post an appropriate bond



     to guarantee compliance with such conditions in instances



     where the owner's financial resources are inadequate, or



     proposed control facilities are experimental in nature. ^3







Delaware's regulation requiring a permit prior to construction,



instead of applying only to installations which may be a source



of pollution, applies to "any structure or facility the occupancy



or use of which will generate liquid waste".  It specifies four



types of permits:  (1) septic tanks (2) liquid waste treatment



systems (3) bulk storage, transfer, and pipelines, and (4) sewers



or pipelines carrying liquid waste. ^34







Municipal lagoons and ponds for the retention of waste water are



parts of sewage treatment facilities, the construction and operation



of which are supervised by state health departments or environmental








                            - 11-127 -

-------
protection agencies.  Virtually all municipal waste treatment

facilities currently are built with federal grant contributions,

subjecting them to requirements established by the U. S. Environmental

Protection Agency pursuant to the Federal Water Pollution Control

Apt Amendments of 1972.  That law requires that pollutants not

migrate to cause water or other environmental pollution. •" An

example of a recent state adoption of design criteria for sewage

stabilization ponds is that of the Minnesota Pollution Control

Agency.  A number of these criteria are directed at prevention of

ground-water pollution.  One of these is a section on pond seal.

It requires that permeability of the pond seal be as low as possible,

and in no case should seepage loss through the seal exceed 500

gallons per acre per day.  A testing program is required: specifica-

tions for construction and placement are to be based on test results.

A minimum of four feet between the top of the pond seal and the

maximum high water table is to be maintained.  An approved system

of ground-water monitoring wells or lysimeters is required around

.the perimeter of the pond site, to be determined on a case-by-case

b,asis depending on proximity of private water supply and maximum

ground-water levels.  Information required to be filed prior to

construction includes a log of each well within one mile of the      !

proposed pond.  The Agency also requires submission of information
                                                                  1
as required in Recommended Standards for Sewage Works, Great Lakes  -

Upper Mississippi River Board of State Sanitary Engineers, and

Federal Guidelines, Design, Operation and Maintenance of Waste

Water Treatment Facilities, U. S. EPA. 132
                             -  11-128  -

-------
B. Storage of Materials Other Than Waste
          i

Some regulations are directed at stprage of liquids, whether or
not they are wastes.  Delaware's regulation, for example, requires
a permit for any "bulk storage", which is defined to include "any
facility for the express purpose of storage of 40,000 or more
gallons of any hazardous material, petroleum product or liquid
waste in bulk form. 137 The permit allows control of methods so
that water pollution is prevented.
                            - 11-129 -

-------
Maryland has a regulation to prevent oil pollution which requires that
a person obtain a permit to handle oil/ including storage of any quan-
tity of oil in excess of 10/000 gallons.138   It requires that above-
ground oil storage be surrounded with a continuous dike capable of
holding the total volume of the largest container within the dike/
sufficient to prevent movement of oil into the waters of the state. The
regulation states that the nature of the soil and the ground water
conditions at the site shall be taken into consideration in the design
and location of the area.  The regulation also contains requirements
for equipment, and drainage of oil contaminated water.

The Maryland regulation also requires any buried tank to be protected
from external corrosion by standard techniques such as coating/ wrap-
ping, cathodic protection/ etc./ stating that the type of protection
will be determined by the nature of the soil and ground water condi-
tions.

Minnesota has a regulation for storage of "liquid material"/ which
prohibits storage without reasonable safeguards adequate to prevent
the escape or movement of the substance whereby pollution of any wa-
ters of the state might result.139  It requires a permit for such
storage from the Water Pollution Control Commission.  That regulation.
also requires a continuous dike to contain the liquid in case of con-
tainer failure.  It requires a "reasonably impervious bottom" under
the entire site to prevent movement into the underlying ground in
such quantity that substantial pollution of the waters of the state
might reasonably be expected to result therefrom.
                               - 11-130 -

-------
A 1973 Massachusetts statute prohibits storage of deicing chemicals
in a manner that might affect water supply,140 including ground
water.  Anyone using more than a ton in a calendar year is required
to file reports.  The Commissioner of Public Health is authorized
to adopt regulations.

Where natural gas is stored underground, state statutes regulate
the activity, largely for the purpose of protecting the gas storage
operation from intrusion by other activities such as oil well drill-
ing and other subsurface excavations.  Kansas regulates "underground
storage reservoirs"  (natural or artificial subsurface cavities)
containing petroleum products, acids, radioactive materials, or
fluid or gaseous products.141  ^he regulation requires submission
of plans and specifications to the State Board of Health for approval,
a record of products stored and injection prssures, and requires
the operator  to immediately report any failure or defects.142
                            - 11-131 -

-------
Control Point 9:  CONTROL OF MINING AND QUARRYING








State water pollution control law provisions typically apply to pollu-



tant discharges from mining operations.  However, states also have pro-



visions specifically directed at mining, and water pollution from this



source is controlled as ah incident of mining activity.








Illinois has detailed regulations applicable to all types of mines,



requiring that the operator obtain a permit from the state Environ-



mental Protection Agency.  3  The applicant must show that the activ-



ity for which the permit is sought will not cause, threaten or allow



pollution of the air or waters of the state during or after active



mineral production.  One of the requirements for obtaining a permit is



that the applicant describe the proposed method of mining and mine re-



fuse disposal, and the procedures which will be integrated into said



methods and procedures which will be taken upon abandonment to prevent



air and water pollution.  An operator under such a permit is specifi-



cally required to notify the EPA of any emergency situation at the



mine which causes or threatens to cause a sudden discharge of contam-



inants into waters, and to undertake necessary corrective measures.



The regulations contain sections on mine operations, including re-



quirements for plugging all holes; mine refuse disposal, including



requirements for subsoil so that leachate will not pollute water;



abandoned areas; and monitoring and reporting.







The Pennsylvania statute prohibits operation of a mine or allowing a



discharge from a mine into waters of the commonwealth unless authorized







                              - 11-132 -

-------
or under permit.144  It authorizes the state to require the oper-
ator to post a bond insuring compliance with the law and regulations,
and conditions of the permit, including provisions insuring that there
will be no polluting discharge after mining operations have ceased.

Surface mining reclamation laws commonly contain provisions directed
at preventing water pollution as one of several objectives of carrying
qn strip mining operations with minimal damage to the environment.
Provisions include the requirement that the operator obtain a license
for the area to be mined, and that he first obtain approval of a plan
for reclaiming the area.  For the administering agency to approve the
plan, it must find (among other things) that the plan does not pose a
threat of water pollution.  The statute will also require the operator
to prevent pollution while mining and reclaiming, and condition
approval of reclamation and release of his bond upon proper reclamation
including prevention of water pollution.

Surface mining law and regulations also contain provisions requiring
certain practices in handling of coal, soil and wastes to prevent acid
production.  The Wyoming statute requires to be submitted with the
application for a license to mine:                   (

     A plan for insuring that all acid forming, or toxic materials,
     or materials constituting a fire, health or safety hazard uncov-
     ered during or created by the mining process are promptly treated
     or disposed of during the mining process in a manner designed to
     prevent pollution of surface or subsurface water or threats to
                                   i
                              - 11-133 -

-------
     human or animal health and safety.  Such method may include, but



     not be limited to covering, burying, impounding, or otherwise



     containing or disposing of the acid, toxic, radioactive or other- '


                             145
     wise dangerous material.







Ohio, whose coal strip mining procedure is similar to that of Wyoming,



in 1974 enacted a law applicable to surface mining of other minerals



such as sand and gravel, clay, and limestone.^6  That statute re-



quires that the plan filed by the operator include a statement of the



measures the operator will perform during mining and reclamation to



insure that contamination of underground water supplies is prevented.







Control Point 10:  CONTROL OF TRANSPORTATION AND HANDLING OF FLUIDS







A.  Surface Pipelines







Interstate pipelines are under the jurisdiction of the federal Depart-



ment of Transportation.







Pipelines under a state's jurisdiction may be controlled by its public



utilities regulatory agency, or under a specific statute such as that



of Delaware which requires a permit for construction of any pipeline



facility.







B.  Sewers








The  possibility  of  ground-water pollution caused by  leaky .sewers  has







                             -  11-134  -

-------
been given little attention in regulations.  Where a state agency
has the authority to approve sewer construction, it may as a matter
of policy prohibit construction of a sewer line within a specified
distance, such as 100 feet, of a well used for drinking-water pur-
poses.  The Great Lakes - Upper Mississippi River Board of State
Sanitary Engineers recommended standards, followed by a number of
states (see New York), requires sewer joints to be designed to
minimize infiltration and to prevent entrance of roots; test require-
ments, however, are that leakage outward or inward not exceed 500
gallons per inch of pipe diameter per mile per day.

Delaware is unusual in its requirement that one obtain a permit to
construct any sewer or pipeline which conveys liquid waste. 4°

C.  Spills

Various programs exist for coping with spills.  These  are not directed
specifically at ground water protection.  Ground water will not neces-
sarily benefit from a spill response, depending upon choices made —
ground water might be better protected, for example, if a chemical
            t
were allowed to drain into a river and be diluted, rather than held
behind a temporary embankment where it can infiltrate into the ground.

The National Oil and Hazardous Substances Pollution Contingency Plan
provides for federal interagency response, including the Environmental
Protection Agency and other federal agencies.   (See Federal Register
Vol. 38, No. 155, August 13, 1973.)  The EPA has established ten

                            - 11-135 -

-------
regional Hazardous Materials Offices throughout the country to provide
spill response.  Spills into navigable waters are the responsibility
of the U. S. Coast Guard.

The Chemical Transportation Emergency Center (CHEMTREC), a public ser-
vice of the Manufacturing Chemists Association, provides 24 hour ad-
vice on chemicals that may be involved in spills.  The National Agri-
cultural Chemicals Association works through CHEMTREC in furnishing
personnel, equipment, and expertise for cleanup of Class B poison pes-
ticides.

The American Water Works Association has published an Emergency Manual
on Hazardous Materials Spills to advise water utilities how to prepare
                                            149
for spills that may endanger water supplies.     The Manual contains
material that would be equally useful to a state considering estab-
lishment of a state spill plan, including a "vulnerability survey" and
a detailed checklist for preparation for spills.

Some states have adopted spill procedures as requirements.  A Pennsyl-
vania regulation, for instance, requires individuals responsible for a
spill to immediately notify the regional office of the Department of
Environmental Resources.150  If the spill may affect ground water, the
Regional Geologist of the state's Ground Water Section attempts to re-
spond within a maximum of two hours to make a technical appraisal and
enable prevention of ground water effects, if possible.  Certain in-
dustries in Pennsylvania are required to develop a Pollution Incident
Prevention Program which establishes a specific procedure for informing
the state of spills or other major pollution problems.
                            - 11-136 -

-------
                         REFERENCES CITED
 1.  Federal Water Pollution Control Act Amendments of 1972, Public
     Law 92-500, Sec. 502.(14).

 2.  Council of State Governments, 1973, "A Model Law to Enable
     States to Participate in the National Discharge Pollutant Elimi-
     nation System Established Under the 1972 Federal Water Pollution
     Control Act".

 3.  U. S.  Environmental Protection Agency, 1974, "Water Quality
     Strategy Paper, Second Edition"; 82 pp.

 4.  California Public Resources Code, Division 18, California Coastal
     Zone Conservation Commission, Section 27000 et seq.

 5.  Florida, Laws of, Chapter 72-317

 6.  Delaware Code, Title 7, Chapter 66, Wetlands

 7.  Maine Revised Statutes Annotated, Title 12, Chapter 206-A, Land
     Use Regulation.

 8.  Minnesota Statutes, Sec. 116.07

 9.  Delaware Water Pollution Control Regulations

10.  Wisconsin Department of Natural Resources, Regulations Chapter
     NR 151, Solid Waste Management.

11.  Rules of the Florida Department of Pollution Control,  Chapter
     17-7,  Solid Waste Control.

12.  Illinois Pollution Control Board Rules and Regulations, Chapter
     7f Rule 316.

13.  California State Water Resources Control Board, Waste  Discharge
     Requirements for Waste Disposal to Land.

14.  Michigan Stats. Ann. Sec. 325.294

15.  California, op. cit.

16.  Florida, op. cit.

17.  Michigan, oj>. cit.

18.  Minnesota Pollution Control Agency, Division of Solid  Waste
     Regulation SW 1 et seq.

19.  Delaware, op. cit.
                             -  11-137  -

-------
20.  Minnesota, op. cit.; Wisconsin, op. cit.

21.  California, op. cit.

22.  Wisconsin, op. cit.

23.  Oregon Rev. Stats. Sees. 459.210, 459.590.

24.  Pennsylvania Department of Environmental Resources, Rules and
     Regulations, Chapter 75.  Solid Waste Management.

25.  Florida, op. cit.

26.  Wisconsin, op. cit.

27.  U. S. Department of Health, Education, and Welfare, 1967, "Manual
     of Septic Tank Practice", 92 pp.,

28.  Wisconsin Statutes, Sec. 144.03

29.  Ohio Sanitary Code, Home Sewage Disposal Regulation HE-29-01
     et seg.

30.  Vermont Health Regulation 5-901 et seq.

31.  Maryland State Department of Health and Mental Hygiene, Regula-
     tion 10.03.27.

32.  Wisconsin Administrative Code, Regulation H 62.20.

33.  Maine, Department of Health and Welfare, Proposed Private Sewage
     Disposal Code, Final Draft June 17, 1974.

34.  California Regional Water Quality Control Board, Central Valley
     Region, "Guidelines for Waste Disposal From Land Developments".

35.  Pennsylvania Statutes Annotated (Purdon's), Title 35, Sec. 750.1
     et seq.

36.  Ohio, op cit.

37.  Wisconsin, op cit.

38.  Maine Soil and Water Conservation Commission, et al., "Maine
     Guidelines for Septic Tank Sludge Disposal on the Land", Misc.
     Report 155, April 1974.

39.  Oregon Department of Environmental Quality Regulations Pertaining
     to Solid Waste Management*                                     >
                                                                      i
40.  Described in "Ground Water Contamination in the Northeast States",
     David W. Miller, Frank A. DeLuca, and Thomas L. Teseier, for the
     Office of Research and Development, U. S. EPA, 1974, p. 177.
                             -  11-138  -

-------
41.  EPA 40 CFR Pt. 124

42.  Montana Board of Health and Environmental Sciences Regulation
     for the Control of Water and Air Pollution from Confined Live-
     stock Feeding, June 24, 1972.

43.  Iowa Department of Environmental Quality, Water Quality Commis-
     sion Regulation 1.3(455B).

44.  Oregon Department of Environmental Quality Regulations Relating
     to Water Quality Control in Oregon, Oregon Administrative Rules,
     Chapter 340, Div. 5.

45.  Kansas Board of Health Regulations 28-18-1 et seq.

46.  Minnesota Pollution Control Agency, Regulations for the Control
     of Wastes from Livestock Feedlots, Poultry Lots and Other Animal
     Lots, March 8, 1971.

47.  Montana, O£ cit.

48.  Nebraska Department of Environmental Control, Rules and Regula-
     tions Pertaining to Livestock Waste Control, June 22, 1972.

49.  Oregon, O£ cit.

50.  California State Water Resources Control Board, Minimum Guide-
     lines for Protection of Water Quality from Animal Wastes,
     March 1, 1973.

51.  Michigan Department of Natural Resources, Geological Survey Di-
     vision, General Regulations Governing the Mineral Well Act.

52.  Ohio Revised Code Sec. 1509.081.

52.  Oklahoma Water Resources Board, Pollution Remedies, Regulation
     530.

54.  Nebraska Environmental Control Council Rules and Regulations for
     the Control of Disposal Wells to Protect Ground Water and Other
     Subsurface Resources of the State of Nebraska, August 30, 1972;
     Colorado Department of Health, Water Quality Commission, Rules
     for Subsurface Disposal Systems, July 1, 1970.

55.  Texas Water Quality Board, "Subsurface Waste Disposal in Texas",
     Agency Publication No. 72-05, 40 pp..

56.  Michigan, op. cit.

57.  Ohio River Valley Water Sanitation Commission  (ORSANCO), 1973,
     "Underground Injection of Wastewaters in the Ohio Valley Region",
     63 pp.
                             -  11-139 -

-------
58.  Washington Administrative Code.  Chapter 173-220, NPDES Program.

59.  Florida Department of Pollution Control.  Rules, Chapter 17-3.
     Pollution of Waters.

60.  Water Code of the State of California.  Chapter 7.  Water
     Reclamation Law.  Sec.  13500.

61.  New York State Department of Environmental Conservation, Divi-
     sion of Water Resources.  Official compilation of codes, rules,
     and regulations.  Title 6, Part 703.  Ground water classifica-
     tions and standards.

62.  Arizona Revised Statutes, Sec. 45-301 e_t seq.

63.  Montana Revised Codes, Sec. 89-2911 e_t seq.

64.  Oregon Revised Statutes, Sec. 537.515 et seq.

65.  New Jersey Statutes Annotated, Sec. 58:4A-1 et seq.

66.  North Carolina General Statutes, Sec. 143-215.11 et seq.

67.  Iowa Code Chapter 455A

68.  Ibid

69.  Minnesota Statutes Annotated, Sec., 105.37 et seq.

70.  Maryland Code Annotated, Article 96A

71.  Florida Statutes, Sec. 373.013 et seq.

72.  California Constitution, Article XIV, Section 3.

73.  Kansas Statutes Annotated, Sec. 82a-701 et seq.

74.  Alaska Statutes, Sec. 46.15.030 e_t seq.

75.  Idaho Code, Sec. 42-101 et seq.

76.  Delaware Code Annotated, Sec. 7*»6101 et seq.

77.  South Carolina Code, Sec. 70-31 et seq.

78.  Georgia Code Annotated, Sec. 17-1101 et seq.

79.  Colorada Constitution, Article XVI, Section 6.

80.  New Mexico Statutes, Sec. 75-11-1 et seq.

81.  Kansas, op. cit.
                           - 11-140 -

-------
 82.  Iowa, op. cit.

 83.  Maryland, op. cit.

 84.  North Carolina, op. cit.

 85.  Florida, op. cit.

 86.  Southwest Florida Water Management District, Brooksville, Fla.,
      Rules and Regulations on Consumptive Use of Water, 16G-4.201
      et seq.

 87.  Michigan Department of Public Health, Ground Water Quality Con-
      trol Rule 325.1621.

 88.  Ground Water Resources Institute, Chicago, Illinois, 1966.

 89.  North Carolina Board of Water and Air Resources, Well Construct-
      ion Regulations and Standards, 1971, p. 9.

 90.  Texas Water Development Board Rules, Regulations and Modes of
      Procedure Relating to Water Well Drillers Registration, Comple-
      tion and .Plugging of Wells, Rule 305.2.

 91.  Florida Department of Natural Resources, Division of Interior
      Resources, Chapter 16C-8, Rules and Regulations Governing Water
      Wells in Florida.

 92.  Oregon, Rules and Regulations of the State Engineer Prescribing
      General Standards for the Construction and Maintenance of Water
      Wells in Oregon, Rule 73-004.

 93.  Texas, op. cit., Rule 405.

 94.  San Joaguin Local Health District Rules and Regulations, Stock-
      ton, California, 1973.
                                                                    i
 95.  Ordinance Code of San Joaguin County, California, Ordinance No.
      1862, 1971.

 96.  Kansas, State Corporation Commission of, General' Rules and
      Regulations for the Conservation of Crude Oil and Natural Gas.

 97.  Ibid.

 98.  Texas, The Railroad Commission of, Rules Having Statewide General
      Application to Oil and Gas Operations Within the State of Texas.

 99.  Michigan Department of Natural Resources, Geological Survey Di-
      vision, General Regulations Governing Oil and Gas Operations
      in the State of Michigan.

100.  Texas, op. cit.
                            - 11-141 -

-------
idl.  Colorado, Oil and Gas Conservation Commission of the State of,
      Rules and Regulations With Respect to the Conservation of Oil
      and Gas.

102.  Ohio Division of Oil and Gas Regulation NRo-3-11.

103.  The Railroad Commission of Texas, General Conservation Rules
      and Regulations of Statewide Application, Rule 8.

104.  Maryland Water Pollution Control Regulation 08.05.04.04.
      Groundwater quality standards.

105.  New York State Department of Environmental Conservation. 1970.
      Standards for waste treatment works, municipal sewerage facilities,
      addendum no. 2, ground disposal of wastewaters.

106.  Pennsylvania Department of Environmental Resources, Bureau of
      Water Quality Management.  1972.  Spray irrigation manual.  49pp.

107.  Florida Department of Pollution Control, Division of Operations.
      1973.  Memo No. 149.  Guidelines for treatment and/or disposal
      of wastewaters by irrigation on land.

108.  Idaho Board of Environmental and Community Services.  Rules and
      regulations for the establishment of standards of water quality
      and for wastewater treatment requirements for waters of the
      state of Idaho.

109.  Wisconsin Administrative Code Chapter NR-412: land disposal
      of liquid waste - discharge limitations and monitoring require-
      ments .

110.  Washington Department of Social and Health Services, Health
      Services Division.  General criteria for land treatment sites.

111.  U. S. Environmental Protection Agency.  1974.  Water quality
      strategy paper.

112.  Stevens, R. Michael.  1972.  Green land - clean streams.  Center
      for the Study of Federalism, Temple University, Philadelphia.
      330 pp.

113.  Water Code of the State of California, op. oit.

114.  University of Maine at Orono and the Maine Soil and Water Conser-
      vation Commission, 1972, "Maine Guidelines for Manure and Manure
      Sludge Disposal on Land"; 21 pp.

115.  Oregon Department of Environmental Quality.  Regulations per-
      taining to solid waste management.  K.  Special rules pertaining
      to sludge disposal sites.

116.  Colorado Department of Health.  1973 .  Criteria used in the
      review of waste water treatment facilities.

117.  Illinois Environmental Protection Agency.  Design criteria for

                            - 11-142 -

-------
      waste treatment plants and treatment of sewer overflow.  Tech-
      nical policy 20-24, revised July 1971.

118.  Great Lakes - Upper Mississippi River Board of State Sanitary
      Engineers.  Recommended standards for sewage works.  Addendum
      No. 2, ground disposal of wastewaters, 1970 ed.

119.  Pennsylvania "Clean Streams Law", Sec. 402.

120.  Pennsylvania Department of Environmental Resources.  Rules and
      Regulations, Chapter 101,

121.  Michigan Department of Natural Resources, Water Resources
      Commission.  General Rules.  Part 21.

122.  Massachusetts Division of Water Pollution Control.  Hazardous
      Waste Regulations.
           i
123.  New York Environmental Conservation Law, Section 27-0301,
      Subpart 75-5.

124.  Virginia, Code of.  Chapter 3.1.  Virginia State Water Control
      Law.

125.  Florida Department of Pollution Control.  Rules, Chapters 17-4,
      17-7.

126.  Illinois Environmental Protection Agency.  Solid Waste Rules
      and Regulations.

127.  Massachusetts General Code, Chapter 94B, Sec. 21C.

128.  Montana Revised Code, Sec. 69-4804.

129.  Pennsylvania Department of Environmental Resources.  Rules
      and Regulations, Chapter 101.

130.  Pennsylvania "Clean Streams Law", Sec. 402.

131.  Michigan "Water Resources Commission Act", Public Acts of
      1929, Act 245, as amended.

132.  Michigan Public Acts of 1969, Act 136.
                                                                     i
133.  Florida Department of Pollution Control.   Rules.  Chapter 17-4

134.  Delaware Water Pollution Control Regulations.  Sec. 4.

135.  Federal Water Pollution Control Act Amendments of 1972 (PL 92-500)

136.  Minnesota Pollution Control Agency, Division of Water Quality.
      1975.  Recommended design criteria for sewage stabilization
      ponds.
                            - 11-143 -

-------
137.  Delaware Water Pollution Control Regulations, Sec. 2.

138.  Maryland Water Resources Administration Regulation 08.05.04.07,
      Part IV.

139.  Minnesota Regulation WPC 4, Regulation Relating to Storage or
      Keeping of Oil and Other Liquid Substances Capable of Polluting
      Waters of the State.

140.  Massachusetts, op. cit., Chapter 85, Sec. 7A.

141.  Kansas Statutes, Sec. 65.171d.

142.  Kansas Board of Health Regulation Chapter 28, Art. 13, Under-
      ground Storage, Disposal Wells and Surface Ponds.

143.  Illinois Pollution Control Board Regulations, Chapter ,4-, Mine
      Related Pollution.

144.  Pennsylvania Act of June 22, 1937, Public Law 1987, as amended,
      Sec. 315.

145.  Wyoming 1973 Cumulative Supplement, Sec. 35-502.24(b) (ix).

146.  Ohio Revised Code Chapter 1514.

147.  Great Lakes - Upper Mississippi River Board of State Sanitary
      Engineers.  Recommended standards for sewage works.

148.  Delaware Water Pollution Control Regulations.  Section 4.

149.  American Water Works Association, 6666 West Quincy Avenue, Den-
      ver, Colorada, 80235., December, 1974.

150.  Pennsylvania Department of Environmental Resources, Rules and
      Regulations, Chapter 101.
                            - 11-144 -

-------
               CHAPTER III
PROPOSED STATUTORY PROVISIONS TO  ENABLE
    A STATE TO PROTECT GROUND WATER
                 •x-L

-------
PROPOSED STATUTORY PROVISIONS TO ENABLE A STATE,TO PROTECT GROUND WATER

                              Preamble

The following proposal contains provisions that a state might enact if
                                                                   !   t
it were to be well equipped to protect ground water resources.  The
proposal does not require that a new agency be created, although that
is one possibility.  Many of the functions in the proposed statute
might be assigned to the state's water pollution control agency, al-
though they could be assigned to the state's water resources agency,
its department of natural resources, department of health, or to its
water use allocation agency if the state controls water use by a per-
mit system.  The "statute" could simply be used as a checklist.

This is not a proposal for a water rights law.  The proposal does re-
fer to controls on withdrawal of water, but it does not relate to al-
location of water in a water rights sense.

The main thrust of the proposal is to enable state government to be
sensitive to ground water quality problems, and to be sufficiently
well informed that it may provide solutions to these problems.  It as-
sumes that in the case of ground water, numerous other agencies may be
involved.  In one alternative, it would allow a ground water agency
simply to make recommendations to other agencies concerning regulations
to protect ground water — e.g., regulations controlling solid waste
disposal, oil and gas well drilling, septic tank installation, and the
many other activities that may affect ground water quality.  The

                              - III-l -fl

-------
proposal's emphasis on information, the right to inspect and monitor,
and assisting other agencies, stems from the nature of ground water
problems — the difficulty of finding out what is happening to ground
water, and the multiplicity of controls and agencies that are needed
in order to protect it.

If nothing else, the proposal suggests a means by which protection of
ground water quality might be emphasized, as a cure for the present
situation in which ground water protection generally is simply an in-
cident to some other activity, and is frequently overlooked.

It would be impractical to place all functions affecting ground water
quality in one agency; however, unless there is some central responsi-
bility at least for the subject of ground water quality, it may have
no competent defender.

In addition to the provisions set forth in the following material, a
basic provision for state ground water programs is one that requires
that a report be filed by all well drillers for each well drilled,
identifying the location of the well and containing (as appropriate
for the type of well drilled and the drilling method employed) infor-
mation on the character and depth of formations encountered, depth at
which water is encountered, static water level of the completed well,
a copy of the record of pumping tests, water quality data, and con-
struction details of the well including lengths and sizes of casing,
screening, gravel packing, grouting intervals, and surface sealing.
                              - III-2 -

-------
A statute might also require that drillers of any wells, including
exploratory holes, be licensed.  One of the conditions of holding such
a license would be compliance with requirements of the well log stat-
ute.  Licensing of a commercial service is a control technique appli-
cable to any activity where proper installation is important to pro-
tect ground water.  Other activities that a state might want to con-
sider licensing would be pump installation, septic tank installation,
industrial waste disposal services, and tank inspection (for storage
of liquids such as gasoline).

States that have enacted statutes to enable them to participate in the
National Pollutant Discharge Elimination System would still need to
enact a number of provisions in order to fully implement the following
proposal because problems in ground water pollution are significantly
different from those of stream pollution.  Even the definition of
"pollutant" used in the federal law and adopted by the states is in
many ways inapplicable to ground water problems.  That definition con-
sists of a listing of types of materials that are not to be discharged
into waterways without a permit.  While there is some tolerance in
dealing with surface water as to degree of pollution (hence, varying
water quality standards), generally pollution of ground water of any
sort cannot be tolerated because correction of ground water pollution,
once it has occurred, is rarely feasible.  Thus the ground water defi-
nition of "pollutant" (below) covers anything that could cause pollu-
tion of ground water; should exceptions need to be made, this may be
controlled by conditions in a permit.
                            - III-3 -

-------
Provisions for notice and hearing/ and for enforcement and penalties,
can be virtually identical to those that a state may already apply to
surface water pollution control, or that it may apply to administra-
tive actions under its administrative procedure act.  A state required
to submit an underground injection control program under the Safe
Drinking Water Act (P.L. 93-523) should consult that law and the
regulations adopted under it (40 CFR Part 146) when it is examining
into the adequacy of its statutes.

An aspect of ground water pollution that may not yield to treatment in
a state statute such as this proposal is pollution of interstate aqui-
fers.  Pollution problems of this nature probably can be solved effect-
ively only by adoption of an interstate compact by the states affected.
The proposal does not address itself to this aspect, but it could
nonetheless serve as the basis for consideration by adjoining states
of provisions that would be needed in such a compact.

In examing the provisions which follow, the reader should bear in mind
                                                                   i
that one cannot draft a ground water pollution control statute as one
can draft a surface water pollution control statute.  Surface water
pollution is a problem that can be effectively approached by creation
of an agency with regulatory powers over all surface water pollution
sources.  Ground water pollution is too complex for such an approach.
At the same time, information is a much more important ingredient for
success in controlling ground water pollution.  A state may very well
Want to keep its water data collecting program isolated from its reg-
ulatory agencies. On the other'hand, if the state is to have an effective

                            - III-4 -

-------
statewide program to protect the quality of ground water, an agen-

cy that is especially knowledgeable about ground water should be able

to exert some influence on the many avenues of ground water pollution

that exist in the state and the regulatory efforts that affect or might

be made to affect them.



Thus the primary function of the following proposal is not for inser-

tion in its entirety into a state's statutes, but rather for use by a

state as an aid in analyzing or modifying its existing statutes.  The

provisions of the proposal are nonetheless written as statutory pro-

visions, and can be used as such.  A number owe their origin to re-

quirements in Public Law 92-500  (the "Federal Water Pollution Control

Act Amendments of 1972")  and the Model Law to Enable States to Parti-

cipate in the National Pollutant Discharge Elimination System suggested

by the Council of State Governments to facilitate compliance with

Public Law 92-500.  Some provisions derive 'from elements of the Council

of State Governments' Model State Air Pollution Control Act — in a
                                                                    i
number of ways the problems of ground water pollution are more closely

akin to those of air pollution than they are to surface water pollu-

tion.  Provisions in the proposal also may resembel those of various

state laws reviewed in considering this subject.



The reader who is aware of the statutory provisions in his state con-

cerning ground water will recognize many of the following provisions

and will be able to associate them with various agencies in his state.

For a state that is so well equipped statutorily that the proposal ap-

pears to offer nothing new, it is hoped that the proposal might



                            - III-5 -

-------
nonetheless serve as the occasion for "taking inventory" of ground water
functions and appraising the effectiveness of state agencies and pro-
grams in protecting ground water.


Section 1.  DECLARATION OF PUBLIC POLICY AND LEGISLATIVE INTENT
(1)  It is hereby declared to be the public policy of this State and
the legislative intent of this Act to protect, preserve, and enhance
the quality and quantity of ground water in the State consistent with
the best available technology in order to protect human health and
welfare, and to promote the economic and social development of this
State.


(2)  To this end it is the purpose of this Act to provide for a state-
wide program of ground water pollution prevention, abatement, and con-
trol, and management of withdrawal and recharge of ground water, in
coordination with other state, federal, and local programs for. pro-
tection of human health and welfare including the State Environmental
Protection Act.
                                                                 1   \
This Act is in addition to Sections 	 of the statutes of this
State controlling the discharge of pollutants into surface water and
is supplemental to that Act as it affects the ground water of this
State.


Section 2.  DEFINITIONS


(1)  The term "ground water" means water beneath the surface of the
ground, other than soil moisture.


                             - III-6 -

-------
 (2)  The term "pollution" means the man-made or man-induced alteration
of the chemical, physical, biological, and radiological integrity of a
substance.
 (3)  The term "pollutant" means a substance which causes or could
cause pollution of ground water.

 (4)  The term "source of ground water pollution" means an activity,
process, or function which causes or enables a pollutant to enter the
ground, or to be likely to enter the ground, in such an amount or in
such a concentration as to cause pollution of ground water.

 (5)  The term "person" means an individual, corporation, partnership,
association, the State or a political subdivision thereof, state agen-
cy, municipality, commission, or interstate body.

Section 3.  POWERS AND DUTIES

The (agency) has the following powers and duties in addition to those
otherwise provided in this Act:
 (1)  Encourage and conduct studies, surveys, research, and investiga-
tions relating to pollution of ground water and its causes, effects,
prevention, abatement, and control.

 (2)  Collect, compile, analyze, and interpret data concerning ground
water.

 (3)  Prepare and disseminate information concerning ground water for


                            - III-7 -

-------
use by public and private agencies and individuals.

(4)  Study the hydrplogic characteristics of aquifers of the State and
identify those areas in which ground water is most readily polluted,,
and those areas that should be given special consideration because
they perform a significant function in allowing recharge of aquifers;
report its findings to all public agencies with jurisdiction to affect
or protect ground water quality or land use in such areas, and to per-
sons within such areas by public notice reasonably designed to inform
such persons of the manner in which their interests may be affected.

(5)  Prepare, develop, and maintain a plan or plans for the' prevention,
abatement, and control of ground water pollution in coordination with
or as components of state plans concerning land use, water, and other
natural resources, area-wide waste treatment management, and other
planning activities by which ground water may be affected.

(-6)  Undertake and carry on monitoring as a continuing activity.  The
(agency) shall establish and maintain a statewide ground water moni-
toring program which shall consist of a network of ground water qual-
ity monitoring stations sampled in a systematic manner and designed to
determine base-line conditions and. provide early detection of ppllu-
tion, and shall, to complement such network, establish and maintain a
program of identification and surveillance of existing and potential
sources of ground water pollution.  Ground water quality monitoring
shall be conducted at representative points relative to sources of*
ground water pollution and in areas of high utilization of ground water,


                            - III-8 -

-------
 (7)  Expend funds, enter into agreements, and acquire interests in
real property by purchase, gift, or eminent domain, for the purpose of
establishing monitoring wells and other facilities for carrying out;
the purposes of the Act.

 (8)  Hold public hearings relating to any aspect or matter in the ad-
ministration of this Act, and in connection therewith, compel the at-
tendance of witnesses and the production of evidence.

 (9)  Require the person owning or operating any source of ground water
pollution to establish and maintain such records; make such reports;
install, calibrate, use, and maintain such monitoring equipment or
methods; sample such discharges (in accordance with such methods, at
such locations, intervals, and procedures as reasonably may be re-
quired, including but not limited to the nature, composition, and
quantities of materials produced, handled, stored, or discharged that
cause or may cause ground water pollution if not properly handled,
stored, or disposed of); and provide such other information relating
to pollution pf ground water, as the (agency) may reasonably require.

Comment:  "Source .of ground water pollution" is defined in Section 2,
above.

 (10) Require any person who causes or contributes to pollution of
ground water, in any case in which correction or repair of damage to
the ground water resource is feasible, to correct or repair such dam-
age or to pay the cost or an equitable share of such cost of correction

                            - III-9 -

-------
or repair; and bring suit for the amount of such costs.

(11) Engage in action that would insure the use of the appropriate
technology and effective techniques or devices for the prevention and
control of gr9und water pollution in all areas within the State's jur-
isdiction.

(12.) Consult with any person proposing to construct, install, or other-
wise acquire a source of ground water pollution or device or system  ,
for the control thereof, concerning the efficacy of such device or
system, or the ground water pollution problem which may be related to
the source, device, or system.

(13) Make recommendations to state and local agencies, to the governor,
and to the legislature, concerning policy, administration, and legis-
lation affecting ground water.

(14) Establish training and educational programs to implement the de-
claration of public policy and legislative intent contained in Section
1 of this Act.

(15) Secure necessary scientific, technical, administrative, and oper-
ational services, including laboratory facilities, by contract or
otherwise.

(16) Employ personnel and consultants as may be necessary for the ad-
ministration of this Act.  Subject to any applicable restrictions con-

                           - 111-10 -

-------
tained in law, any department or agency of the State may from its

availble resources provide the  (agency) with personnel and services,

with or without charge, and the  (agency) may compensate other agencies

for services.



(17) Provide for the establishment of advisory committees, appointment

of membership, scope of investigation, and other duties, periods of

duration, and terms of members.



(18) Accept, receive, and administer grants or other funds or gifts

from public or private agencies, including the federal government, for

the purpose of carrying out any of the functions of this Act.



(19) Institute and prosecute actions to enforce this Act.



(20) Perform other acts and duties as may be necessary to implement the

declaration of public policy and legislative intent contained in Sec-

tion 1 of this Act.


 1      ,
(21) Delegate such of its powers and duties as it may find advantageous

to delegate, but it shall make public the extent of such delegation and

shall retain full responsibility for the proper execution of the power

or duty delegated.



Section 4.  REGULATIONS



The  (agency) shall adopt, amend, and repeal rules and regulations nec-

essary to implement the provisions of this Act.


                           - III-ll -

-------
Continent:  In addition to a general provision such as the above, a

state will need various types of statutory authorizations to enable it

to perform the complete range of activities necessary to protect ground

water.  Courts have frequently stricken broad delegations of regulation

making authority as unconstitutional attempts to delegate legislative

power — thus if a state agency's power to adopt and enforce regula-

tions is to be secure, the agency should be able to point to statutory

standards or requirements that contain the legislative expression for

which its regulations provide the detail.  Statutes such as those that

regulate oil and gas drilling, for example, provide numerous substan-

tive controls and in addition authorize the administering agency to

adopt and enforce regulations to implement these controls.  The stat-

ute may require that a driller follow drilling procedures adequate to

prevent pollution of water resources; the regulation adopted pursuant

to such a statute specifies such things as casing, cementing, and well

completion requirements.  To be secure against constitutional attack
                              i
on the ground that the statute itself attempts an improper delegation

of legislative power, there should be enough language in the statute

to make clear the types of controls that the legislature wants the ad-

ministrative agency to effect by its rules and regulations.  The degree
                                                                   I
of detail required in the statute will vary according to the practices

and case law of the state concerned.




Authority to adopt regulations concerning accidental spills might read

as follows:

                              i


     The (agency) shall provide by rules and regulations for notifica-




                              - 111-12 -

-------
     tion and emergency abatement procedures for accidental discharges
     of substances that may cause ground water pollution, and to re-
     quire establishment of a system of notification and emergency
     abatement procedures by persons engaged in activities that are
     likely to result in accidental discharges.

Some powers require explicit statutory statement because of their po-
tentially broad effect on property rights.  A permit system, for in-
stance, should be based upon a statutory prohibition against the reg-
ulated activity; the activity would be allowed only under a permit
from the agency delegated to administer the law.  Limitation of with-
drawal of water, either to allocate use or to protect fresh water
aquifers from salt water intrusion, requires clear statutory authority.
Regulatory authorities affecting health have traditionally been given
wide latitude by the courts, but if septic tank use is to be controlled
by devices such as requiring agency approval prior to subdivision of
land, such power should be contained in the statute.  Similarly, regu-
lations to control the cumulative effect of fertilizers or pesticides
by limiting their use require clear statutory authority because such
regulations could broadly affect farming practices that traditionally
have been unregulated.

Statutes prohibiting activities without a permit should also contain
authority to adopt certain administrative requirements Such as types
of information to be submitted with an application for permit, author-
ity to place conditions in a permit, etc.  (See Section 8, below, on
"Permit Procedure".)

                              - 111-13  -

-------
Of course/ a legislature may wish to give more specific instructions
than are necessary to meet constitutional requirements, in order to  ,
adequately communicate its policy decisions to those who will be ad-
ministering the law.

It goes without saying that a state's statutes should provide proced-
ural safeguards affecting the process of adoption of regulations, such
as requirements of notice that regulations are to be adopted, a public
hearing with opportunity for those regulated to give testimony concern-
ing desirability of the proposed regulations, and a method for those
regulated to question the reasonability of the regulations in court.

Section 5.  RECOMMENDATIONS AND ASSISTANCE TO OTHER AGENCIES

The (agency) shall:
(1)  Prepare and recommend to the appropriate agencies the adoption of
standards or regulations to protect ground water in connection with
                                                                   :   |
the following activities; and, upon request of another agency, perform
any services on behalf of such agency in connection with the following
activities, that the other agency itself has authority to perform inso-
far as protection of ground water is concerned:
     a.  Disposal of solid wastes
     b.  Installation, operation, and maintenance of individual sewage
         systems
     c.  Operation of animal feedlots
     d.  Disposal of wastes or surplus waters in wells or sumps
     e.  Construction and abandonment of water wells

                               - 111-14 -

-------
     £.  Construction, operation, and abandonment of oil and gas wells
         and oil and gas production
     g.  Drilling and abandonment of exploratory holes
     h.  Spreading, disposal, and storage on land of substances that
         may cause ground water pollution, including placement in
         holding structures
     i.  Discharge of polluting substances into water and air
     j.  Mining, quarrying, and other excavating activities
     k.  Handling and storage of liquids, including installation a
         operation of tanks, pipelines, and sewers
     1.  Irrigation
     m.  Artificial recharge
     n.  Management of ground water levels and pumping rates
     o.  Storage of solids, liquids, and gases underground
     p.  Adoption of zoning and building ordinances and regulations
     q.  Accidental spill reporting and cleanup

Alternate addition to division (1);
         i

If an agency to which the  (agency) has recommended adoption of stand-
                                                                     i
ards or regulations to protect ground water does not adopt standards
or regulations implementing such recommendations within six months, of
the transmission of such recommendations, the (agency) shall request
the governor to grant it authority to adopt the standards or regula-
tions.  If the governor determines that the recommended standards or
regulations are authorized by law and are reasonably designed to carry
out the policies declared in Section 1 of this Act, he shall by

                              - 111-15 -

-------
executive order authorize the  (agency) to adopt the standards or regu-
lations.  Under such an order, the  (agency) may adopt and enforce the
standards or regulations in the same manner, with the same authority,
and with the same effect as if it were the agency to which it trans-
mitted the recommendations.  Standards or regulations thus adopted may
be amended or repealed only by the  (agency).

Second alternate;

Same as above, except eliminate the governor, require the (agency) to
adopt any standards or regulations authorized by law that are reason-
ably designed to carry out the policies declared in Section 1.

Comment:  As a legal matter it would not be necessary to itemize the
activities (a through q, above) for which the agency could recommend
regulations.   However, as a principle of comity, a state agency may be
reluctant to inject itself into the affairs of another state agency.
The purpose of the itemization is to reassure the ground water agency
that it is expected by the legislature to involve itself in the regu-
latory activities of other agencies insofar as ground water is con-
cerned because only in this manner can an effective program of ground
water protection be implemented.  The alternatives go farther — the
first requires the ground water agency to impose its ground water reg-
ulations where applicable, by intervention of the governor; the second
gives the agency direct authority to adopt ground water regulations
concerning any subject.  The thrust of all the provisions, is to com-
                                                                      i
municate to the agency that the subject of ground water is its special
area, in which it has primary responsibility.
                              - 111-16 -

-------
(2)  Review permit applications for activities that may pollute ground

water, and develop and recommend provisions for permit applications to

enable protection of ground water in the issuance of permits for ac-

tivities and facilities that may pollute ground water.


                       **
(3)  Encourage voluntary cooperation by persons and affected groups to

achieve the purposes of this Act.



(4)  Encourage local units of government to handle ground water pollu-

tion problems within their respective jurisdictions and on an inter-

governmental cooperative basis, and provide technical and consultative

assistance therefor.                                             ,



(5)  Advise, consult, contract, and cooperate with other agencies of

the State, local governments, industries, other states, interstate or

interlocal agencies, and the federal government, and with interested

persons or groups.



(6)  Advise and consult with the agencies of other states, and with

other agencies, concerning problems in control of pollution of inter-

state aquifers, and prepare and encourage the adoption of interstate

compacts for the protection of such aquifers.



(7)  Assist public agencies, including counties, municipalities, plan-

ning commissions, and other bodies that make planning and zoning de-

cisions, in adopting planning and zoning schemes that protect ground

water quality and prevent reduction in the efficiency of ground water

recharge areas.

                              - 111-17 -

-------
Section 6.  PERMITS






No person shall, without a valid permit from the  (agency), do any of


the following:






(1)  Operate, maintain, or allow the operation or maintenance, of a


source of ground water pollution.






Comment:  This provision states a principle of broad control of activ-


ities that can pollute ground water.  ("Source of ground water pollu-


tion" is defined in Section 2, above.)  In a particular state, however,


numerous permit systems may already exist that are directed, albeit


incidentally, at prevention of ground water pollution.  For instance,



a state's existing permit system for prevention of pollution of streams
                                                                 i*

and rivers affects ground water quality by improving the quality of


streams that feed aquifers.  A permit must be obtained to install a


septic tank in many states; a permit must be obtained to drill an oil


or gas well, and in many states to drill a water well; common also are

                           \

permit requirements to dispose of solid wastes.  While the provision


as set forth would apply to these activities, each state would need to


determine whether any new permit authority was needed to prevent ground


water pollution.  It would be appropriate, for example, for a ground


water agency  (or a ground water function within a state EPA) to admin-


ister a permit system for any lagoon disposal or storage, or land


spreading of wastes.  These activities,  which are widely unregulated,


appear to pose the major current threat to ground water quality.  Be-



cause of this special threat, the ground water agency might be the






                             - 111-18 -

-------
state's specialist in use of lagoons and land disposal.  Unlike some
other activities that may be difficult to separate from other regula-
tory functions  (e.g./ well casing requirements), lagooning or land
spreading could be isolated for regulation by a ground water agency.
Even brine storage pits for oil and gas wells, normally regulated by
the state's oil and gas agency, could be made the primary responsibil-
ity of the ground water agency on the theory that the ground water
agency is the state's expert on lagoons and their potential effects.
Also, the ground water agency would be an appropriate agency to admin-
ister procedures applicable to accidental spills.  Generally, the agen-
cy could fill the gap in any case where a source of ground water pol-
lution called for regulation and there was no other agency with author-
ity to regulate the activity.  Where another agency had such authority,
the ground water agency's functions might be simply those of investi-
gation, advice, and recommendation contained elsewhere in this propos-
al.

Comment:  The Safe Drinking Water Act (P.L. 93-523) requires a state  i
permit for underground injection, but allows a state by regulation to
authorize such injection.

(2)  No person shall, without a permit, withdraw ground water.

Comment:  It is beyond the scope of the present report to suggest or
even to discuss the enactment by a state of a law establishing a stat-
utory system of water rights.  For a description of existing water use
permit systems, in various states, and model proposals that have been

                            - 111-19 -

-------
.made, the reader is referred to Control Point 4 -in Chapter II.

However, a statute covering all aspects of ground water quality control
would not be complete without reference to the use of permits to
control withdrawal.  Coastal states must control ground water withdrawal
to prevent intrusion of sea water that can ruin a fresh water aquifer.
Inland, prevention of migration of any type of contamination may re-
quire restrictions on pumping.  Such controls require establishment of
a permit system so that quantities, times, and other conditions may
be specified as necessary to allow optimum use of ground water resour-
ces without causing contamination of the resource being pumped.

A permit system for ground water withdrawals may be useful in ground
water management even without a control function.  Periodic reporting
by permit holders enables production of a body of information on water
use and water quality which a state may use to observe trends in water
use and quality, and thus to anticipate problems.

(3)  No person shall, without a permit, significantly interfere with
the natural recharge of ground water aquifers.

Comment:  Preservation of recharge capability does not necessarily
protect ground water quality, but it is one aspect of ground water
protection since it preserves the function of a ground water aquifer
as a water supply reservoir.  An alternative is to provide artificial
recharge to replace lost natural recharge capacity or to augment the
natural capacity of an aquifer.
                                                                 t
                             - 111-20 -

-------
A permit system for protection of recharge areas is essentially a type



of zoning intended for those limited areas such as flood plains above



valley-fill aquifers which are critical to the continued recharge of



large volume aquifers, but which under usual practices are gradually



covered with buildings, parking lots, and roads without any recognition



of the effect on water supply.  A permit system lends itself to the



imposition of conditions, such as requirements that a land use that has



a covering effect be designed to prevent loss of infiltration by use



of permeable materials where feasible, by a type of construction that



minimizes covering, or that such uses be required to compensate for



loss of infiltration by alternative recharge facilities, or by contri-



bution to a central recharge facility.  The effect of such requirements



on ground water quality  (whether beneficial or adverse) would be a



consideration in designing permit conditions, and in considering alter-



natives to natural recharge.







Section 7.  PROHIBITION AGAINST ISSUING PERMIT IN CERTAIN INSTANCES







No permit shall be issued authorizing any activity that is a source of



ground water pollution or is a discharge of a pollutant as defined in



the Federal Water Pollution Control Act, as amended, and the activity



involves:







(1)  The disposition of any radiological, chemical, or biological war-



fare agent or high-level radioactive waste;







(2)  Any discharge to which the Administrator of the U.S. Environmental









                            - 111-21 -

-------
Protection Agency, or his designee, has objected pursuant to any right



provided to the Administrator under the Federal Water Pollution Control



Act, as amended.



(3)  Any discharge which is in conflict with an area-wideiwaste



treatment management plan approved under the Federal Water Pollution



Control Act, as amended.








Comment:  This section reflects the specific prohibitions contained in



Public Law 92-500 (The Federal Water Pollution Control Act Amendments



of 1972) that restrict issuance of permits for discharges into surface



water.                                                              ,







Section 8.  PERMIT PROCEDURE








Comment:  No specific provisions are suggested here because the permit



procedure should be based upon other existing permit procedures in the
                                                                      i


state.  Following is a list of elements to be considered for inclusion



in state permit procedures, in addition to other elements the drafts-



man may find necessary or desirable to place in the statute:



          1.  Automatic initial issuance



          2.  Maximum duration



          3.  Denial, suspension, revocation



          4.  Appeals



          5.  Bond, charge against property, insurance



          6.  Administrative authorities







     1.  Automatic initial issuance.  In order to allow for delays in



the initial implementation of a regulatory provision, a state may




                            - 111-22 -

-------
choose to grant a permit to anyone who applies, as a matter of right/
during the first 180 days  (for example) after enactment of the law.
Such an initial permit might be valid for a maximum period of two
years, during which the agency would have power to give notice of rev-
ocation if its regulations took effect within that time and the per-
mitted activity was in violation.  This would enable the agency to
achieve compliance with the regulations within the two year period but
at the same time not force blanket compliance without proper tailoring
to avoid specific hardships.  Thereafter, all renewals should be made
pursuant to regulations adopted under the Act.

Such a mechanism is in a sense a two year "grandfather clause", but it
should be clear that there is no suggestion here that timely compliance
will not be required for all persons who pollute or may pollute.  Be-
cause the effects of ground water pollution tend to be permanent, de-
lay in requiring compliance should be kept to a minimum.

     2.  Maximum duration.  Permits should be limited by statute to a
maximum period before requiring renewal, not to exceed five years (for
example) or such additional period as may be necessary to amortize the
cost of improvements and to retire bonds issued to finance improvements.

     3.  Denial, suspension, revocation.  The statute should contain
authority for the agency to deny, suspend, or revoke permits.  It
should state grounds therefore, such as a finding that the activity is
likely to cause pollution of ground water, and the standard grounds
for suspension or revocation including violation of a law, regulation,
or condition of the permit; obtaining a permit by misrepresentation

                           - 111-23.-

-------
or failure to fully disclose relevant facts; and change in circum-
stances or knowledge that requires either a temporary or permanent re-
duction or cessation of the permitted activity.  A hearing on denial,
suspension, or revocation should be required; typically, this require-
ment will already exist in the state's administrative procedure act.
If a statute forbids issuance of a permit to any person who has had a
permit revoked, as for instance in the case of forfeiture of a surety
bond, special language will be required to apply to corporations where
a former permit holder may attempt to change identity by formation of
a new corporation.

     4.  Appeals.  The appellate procedure for denial of a permit
should likewise refer to the existing state administrative procedure
act for appeals, with dne major exception that is suggested here.
Traditional appellate statutes relating to the granting or denying of
a permit provide that the only party who may appeal a permit decision
is the applicant for the permit, and only if the permit is denied.  It
is the intent of this Act to provide for appeal by any person adverse-
ly affected by the granting of a permit to an applicant, but such an
appeal must be clearly circumscribed to prevent abuse through delay.
It is suggested that any person who is a resident of the state have
the power to object to the granting of a permit on the basis that the
granting was based upon an arbitrary or capricious ruling of the agen-
cy, or that it is contrary to law or regulations.  An appeal of the
granting of a permit should be taken to the appropriate judicial body
according to state ^.aw within ten days of the granting of a permit.
Upon the filing of a notice of appeal and a petition for affirmative
relief, the effectiveness of the permit should be suspended for a per-i

                           - 111-24 -

-------
iod of ten days.  No further suspension of a granted permit should
occur without a preliminary injunction being issued by a court of
competent jurisdiction.  If a preliminary injunction is issued by the
court, a hearing on a permanent injunction should be required to occur
within 30 days, or the preliminary injunction should become vacated by
operation of law.

     5.  Bond.  Specific situations for permits may entail the collat-
eral use of a mandatory statutory surety bond.  In the permitting of a
lagoon, for instance, the agency would be given authority to adopt
                 *
regulations, among others, concerning construction and operation of
lagoons, and their abandonment.  The statute might also state the duty
of the applicant to return polluted water to its original condition.
As a condition of requiring the permit, a surety*bond could be required
in the minimum amount of $	, plus additional amounts required
by the agency that would cover the cost to the state to properly aban-
don the pit if the applicant fails to do it, and to repair damage to
the ground water system (or other types of damage one would want to
specify).  The amount of the bond should be high enough to cover costs
that may be incurred, but not so high as to be an unreasonable burden
to carrying on the activity which the lagoon is to serve.  Revocation
of the permit would cause forfeiture of the bond.   The bond would be
released upon the lagoon properly being abandoned and the abandonment
being approved by the agency.

     Charge against property.  Another type of authority used for the
same purpose is the authority for the agency to do the work of aban-
donment itself and charge the landowner for the cost, adding the amount
                           - 111-25 -

-------
to the real estate taxes to be charged against the property.








     Insurance.  Requirement of a liability insurance policy might also



be appropriate for protection of specific or general members of the



public where there is a high probability of potential violation, either



intentional or inadvertent.








     6.  Administrative authorities.  In connection with the authority



to adopt substantive regulations, the statute should also provide ad-



equate authority for the agency to adopt necessary administrative reg-



ulations to enable it to operate the permit system effectively.  This



would include statements that the agency may adopt regulations con-



cerning information required for application (including reference to



plan of restoration if that is to be required), conditions of the per-



mit (including requirements for keeping records, making reports, and



maintaining monitoring wells), bond, and fees.   The statute might



state that technical information required by the agency must be pro-



vided by professionally qualified persons.







Section 9.  INSPECTION — RIGHT OF ENTRY.







(1)  Upon reasonable evidence of a violation of this Act or rules and



regulations pursuant thereto, the duly authorized officer, employee,



or agent of the (agency) may, at reasonable times, enter upon any pri-



vate or public property, excluding any federal building, installation,



or other property, for the purpose of investigating the violation al-



leged.  No entry shall be made upon private property without consent



and without a warrant unless prior issuance of a warrant is unreason-






                           - 111-26  -

-------
able under the circumstances.  An application for a permit is an


expressed consent to an entry without a warrant for any purpose under


this Act during the pendency of such application and during the period


a permit is issued and in effect.





(2)  Any duly authorized officer, employee, or agent of the (agency)
      i

charged pursuant to this Act with powers or duties involving inspection


for purposes of ground water pollution control may present himself


before the (court) to obtain an inspection warrant.  Upon a showing by


affidavit of the officer, employee, or agent that there is need for


entry for purposes of inspection, warrants may be issued by the court


authorizing entry for the purposes of this Act and for no other pur-


pose, without notice to the owner or operator of the premises.





(3)  A person entering premises under authority of this section:


     a.   Shall first notify the person in apparent authority on said


         premises of said entry, if such a person can reasonably be


         found.  If the entrant is unable to locate anyone in author-


         ity on the premises, entry may be made without such notice.





     b.   Shall be given access to review and copy any records required


         to be maintained for the purposes of this Act or rules and


         regulations pursuant thereto.





     c.   Shall enter for the purpose of conducting investigations and


         inspections authorized by this Act and for no other purpose.


         Such person shall not relate to any person, law enforcement


         agency, prosecutorial authority, or court, information gained




                           - 111-27 -

-------
         while making such investigation or inspection which is not
         directly related to the investigation and inspection pursuant
         to this Act.

     d.  May conduct tests, measure flow of liquids, drill holes into
         the ground, and install monitoring equipment as reasonably
         necessary to determine the nature, amount, and extent of ex-
         isting and potential ground water pollution.  Upon request of
         the (agency), the person responsible for the premises shall
         provide access for sampling, testing, drilling, arid installa-
         tion of equipment as may be necessary to enable the making of
         tests and measurements, and, upon good cause shown by the
         agency, 'shall drill test holes as required by the (agency) at
         the applicant or permit holder's expense.

Comment:  Right of entry without a warrant is limited by this section
to the case where the officer has reasonable evidence of a violation
of the act or regulations, for the purpose of investigating the viola-
tion, and only if prior issuance of a warrant is unreasonable under
the circumstances.  If the premises is under a permit, however, no
warrant is required because the statute allowing entry without a war-
rant is an implied condition of the permit, and thus the permit holder
has consented to this type of entry.

The right to enter under this section does not depend upon proof that
ground water pollution has occurred.  A violation of the act occurs
when one operates or maintains a "source of ground water pollution"

                             - 111-28 -

-------
without a permit  (Section 6).  This phrase is defined  (by Section 2)
to mean "an activity in which a pollutant enters the ground or is like-
ly to enter the ground in such an amount or in such a  concentration as
to cause pollution of ground water."  What the definition does, thus,
is to make "pollution" in effect "potential pollution" and thus allow
regulation to prevent ground water pollution rather than merely to
stop it once it has begun.

The limits of entry and search may be broader in a state that has de<-
clared its ground water to be the property of the state, on the theory
that the state should not be required to obtain a warrant in order to
inspect its property.  The theory is analogous to that which pertains
to wildlife, where statutes authorize game protectors  to go on lands
for the purpose of making investigations, even where no violation of
law is suspected.  Such entries would still have to be reasonable under
the circumstances, however, and limited to the outdoors, specifically
excluding entrance into buildings without a warrant.

The exemption of federal properties is normally included in proposals
for right-of-entry provisions by the states to reflect the supremacy
given to the federal government by U.S. Supreme Court  interpretations
of the United States Constitution.  There has been considerable protest
from the states that federal installations are significant offenders
in the case of all types of pollution, and should not  be exempted from
state pollution control requirements.  Although the exemption in this
section is not necessary to prevent entry by state officers onto fed-
eral lands,  it is included here to call attention to the actual status

                             -  111-29  -

-------
of the law, for the application of whatever remedy a state may wish
o propse.

Section 10.  CONFIDENTIALITY OF RECORDS

Any record, report, or information obtained under this Act shall be
available to the public, except that upon a showing satisfactory to
the (agency) by a person affected that a record, report, or information,
or particular part thereof, other than data concerning pollutants,
to which the (agency) has access under this Act, if made public would
divulge production of financial data or methods, processes, or produc-r
tion unique to the person, or would otherwise tend to affect adversely
the competitve position of the person by revealing trade secrets.  The
(agency)  shall consider the record, report, or information or partic-
ular portion thereof confidential in the administration of this Act.
For purposes of this section, "pollutants" includes pollutants entering
the ground and pollutants above the ground surface which are likely to
enter the ground.                                                  .   ,

Nothing herein shall be construed to prevent disclosure of any reportf
record, or information to federal, state or local agencies that may be
necessary for purposes of administration of any federal, state or local
pollution control laws, or when relevant in any proceeding under this
              »
Act.
                           - 111-30 -

-------
Section 11.  COMPLIANCE ORDERS







Whenever on the basis of reasonable evidence available to it, the



(agency) finds that any person has failed to comply with a provision



of this Act, or rule or regulation adopted under it, or that a person



by his act or omission is preventing the  (agency) from performing its



powers and duties under this Act, it may issue an order (1) specifying



the provision of this Act, or rule or regulation, with which the person



has failed to comply or which contains the power or duty which the



(agency) is prevented from performing and the facts alleged to consti-



tute such failure to comply, or act or omission, and (2) prescribing



the necessary corrective action to be taken.







Section 12.  INJUNCTIVE RELIEF







The (agency) may commence a civil action for appropriate relief, in-



cluding a permanent or temporary injunction, for any failure to comply,



or act or omission, for which the (agency) is authorized to issue a



compliance order under Section 11 of this Act.  Such action shall be



brought in the (court) and such court shall have jurisdiction to re-



strain illegal actions and to require compliance.







Section 13.  CIVIL PENALTIES







Any person who violates any provision of this Act, or any permit, rule,



regulation, or order issued hereunder, shall be subject to a civil



penalty not to exceed $10,000 per day of such violation.







                               -  111-31 -

-------
Section 14.  CAUSE OF ACTION                             '

Any person who is damaged by violation of any provision of this Act,
or of any permit, rule, regulation, or order issued hereunder, shall
have a cause of action for damages against the person who committed
such violation.
i

A municipality or other public agency that conducts an activity under
authority of a permit issued pursuant to this Act, which activity
would otherwise be prohibited, consents to suit by any person who in-
curs damage as a result of the permitted activity.

Section 15.  CRIMINAL PENALTIES

(1)  Any person who willfully or negligently violates a provision of
this Act, any" permit condition or limitation, or any rule or regulation
adopted under this Act, shall be punished by a fine of not less than
$50 nor more than $25,000 per day of violation, or by imprisonment for
not more than one year, or both.  If the conviction is for a violation
committed after the first conviction of such person under this subsec-
tion, punishment shall be by a fine of not less than $500 nor more
than $50,000 per day of violation, or by imprisonment for not more
than two years, or both.

(2)  Any person who knowingly makes any false statement, representa-
tion, or certification in any application record, report, plan, or
other document filed or required to be maintained under this Act or

                              - 111-32 -

-------
who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required to be maintained under this Act,
shall upon conviction be punished by a fine of not more than $10,000
or by imprisonment for not more than six months, or both.

(3)  Any person who willfully or negligently hinders a duly authorized
officer, employee, or agent of the  (agency) acting under authority of
this Act shall be punished by a fine of not less than $2,500 nor more
than $25,000 per day of violation.  If the conviction is for a viola-
tion committed after a first conviction of such person under this sub-
section, punishment shall be by a fine of not less than $5,000 nor
more than $50,000 per day of violation.

For purposes of this section, the term "person" means, in addition to
the meaning given in Section 2 of this Act, any responsible corporate
officer.

Section 16.  ENFORCEMENT BY CITIZEN'S SUITS

(1)  Except as provided in subsection  (2) of this section, any citizen
may commence a civil action on his own behalf:

     a.  Against any person whq is alleged to be in violation of a
         provision of this Act, a regulation adopted pursuant to this
         Act, or an order issued by the  (agency) with respect to such
         provision or regulation.
                               -  111-33  -

-------
     b.  Against the  (agency) where there is alleged a failure of the
         (agency) to perform any act or duty under, this Act which is
         not discretionary with the (agency).

         The (court) shall have jurisdiction to enforce such a provis-
         ion or regulation or to order the  (agency) to perform such
         act or duty, as the case may be, and to apply any appropriate
         civil penalties under Section 13 of this Act.

(2)  No action may be commenced under subsection (l)a. of this section
prior to ten days after the plaintiff has given notice of the alleged
violation to the (agency).

(3)  The court, in issuing any final order in any action brought pur-
suant to this section, may award costs of litigation  (including rea-
sonable attorney and expert witness fees) to any party, whenever the
court determines such award is appropriate.  The court may, if a pre'-
liminary injunction is sought, require the filing of a bond 6r equiv-
alent security.

(4)  Nothing in this section shall restrict any right which any person
(or class of persons) may have under any statute or common law to seek
enforcement of any standard or limitation or to seek any other relief.

Section 17.  REMEDIES CUMULATIVE

Nothing contained in this Act in any way abridges or alters rights of

                             - 111-34  -

-------
action or remedies existing upon the effective date of this Act or
thereafter, under the common or statutory law, but remedies provided
in this Act shall be deemed cumulative to such other remedies.'

Section 18.  SEVERABILITY

The provisions of this Act are severable.  If any provision of this
Act shall be held to be unconstitutional or invalid for any reason,
such unconstitutionally or invalidity shall not affect the remaining
provisions of this Act.
                             -  111-35 -

-------
CHECKLIST OF POWERS AND DUTIES NEEDED BY STATE GROUND WATER AGENCIES



     1. Conduct studies and perform research

     2.  Collect data

     3.  Disseminate information

     4.  Identify critical ground water areas

     5.  Prepare and maintain plans

     6.  Conduct monitoring

     7.  Hold hearings
                                                                  i
     8.  Require reporting by persons having ground water pollution
         sources

     9.  Require persons who pollute ground water to correct or pay
         cost of correction

    10.  Encourage technology to prevent ground water pollution

    11.  Consult with persons concerning ground water pollution
         sources and prevention techniques

    12.  Make recommendations concerning policy and legislation

    13.  Establish training and educational programs

    14.  Provide for advisory committees

    15.  Ad,opt regulations

    16.  Assist other agencies; make recommendations to other agencies
         for adoption of regulations affecting ground water; review i
         permit applications for activities that may pollute ground
         water.

    17.  Prepare and encourage the adoption of interstate compacts to
         protect ground water.

    18.  Grant and revoke permits for potential sources of ground wa-
         ter pollution, withdrawal of ground water, and interfering
         with recharge.

    19.  Enter and inspect premises where pollution may occur.

    20.  Enforce law and regulations through compliance orders, in-
         junctions, penalties, actions.



                             - 111-36 -

-------
     21.  Exercise auxiliary powers:  expend funds, make agreements,
          acquire property interests, employ personnel, secure tech-
          nical services, accept grants, sue and be sued, delegate
          powers, etc.
Legal and Constitutional Basis




The right of a state to enact provisions such as the foregoing is un-

disputed.  The general duties of the state to provide for and  protect

the health and welfare of its citizenry has been firmly established

since the founding of the Republic.



The proposed statutory provisions and the suggested regulations pursu-

ant thereto (see following chapter) were drafted with care having been

taken to meet the justifiable ends of the state while avoiding viola-
                  i                     •                           ,
tion of any requirements of the United States Constitution.  The stat-

utory provisions also were drafted with a view to avoiding violation

of limitations or standards of the constitutions of the several states.



The provisions were prepared to be in concert with the Federal Water

Pollution Control Act Amendments of 1972 (Public Law 92-500), with  '

special attention being directed to Sections 106, 202, 208, 303, 308,
                                                                  t
402, and 405,  and with the Safe Drinking Water Act (Public Law 93-523).



Because of the time which may elapse between publication of the fore-

going provisions and their adoption by a state, the state should care-

fully examine any "right of entry" provisions with reference to the

federal constitutional requirements as set forth in the then current

United States Supreme Court rulings.  Section 9 of the proposed statu-



                            - 111-37 -

-------
tory provisions  (above) provides for a right of entry by agency en-
forcement personnel into private and public properties at reasonable
times for the purpose of investigating violations of the Act.  This
section has been drafted with particular care to be in compliance with
recent interpretations of the United States Supreme Court in light of
the Fourth Amendment search requirements and Fourteenth Amendment due
process requirements*  However/ at the time of adoption of this section
by a state, the State Attorney General's Office should review the re-
quirements of the Supreme Court as, they exist at that time.

Two other areas will require legal review, by the State Attorney Gener-
al prior to adoption.

The first involves Section 4, providing for the authority of the agen-
cy to adopt, amend, and repeal rules and regulations necessary to im-
plement the provisions of the law.  In a particular state, such an en-
abling statute providing rule and regulation-making authority in the
base form set forth may be adequate to authorize the adoption of en-
forceable rules and regulations.  However, state courts have frequently
found particular regulations to. be invalid on the ground that the stat-
utes under which they were adopted were improper delegations of legis-
lative power because the specific authority sought to be used in the
rule or regulation was not adequately spelled out in the statute.  As
a result, attention must be directed to the question of what specific
statutory language must be used to enable the adoption of valid regu-
lations .

The other area requiring specific consideration in each state is
                            - 111-38 -

-------
section 6, subsection 2, which provides for a permit system for the

withdrawal of water.  As the reader has been made aware, the proposal
                                      *
does not indicate a preference for an order of priority which should be

followed if the state regulates the withdrawal of ground water.  Con<-

trol Point 4 in Chapter II provides an extensive discussion of the

various commonlaw and statutory rules observed by various states in

ground water management.  Stu^uld a state enact a law regulating with-

drawal, care must be taken to review state case law and constitutional

requirements to be certain that the chosen method can be carried out

as desired.



Case citations are not included in this chapter because the variations

in state court decisions, and lapse of time, make it difficult to pro-

duce a useful statement of the law in some vital aspects.  It was felt
that there being no adequate substitute for individual state review of

its legal and constitutional constraints at the time legislation is
                                                                    i
being considered, case citation might prove more misleading than useful.
                            - 111-59 -

-------
                           CHAPTER IV





    REGULATIONS DESIGNED TO PREVENT POLLUTION OF GROUND WATER





                          INTRODUCTION


                    !


The foregoing chapter contains suggested provisions that a state


legislature might enact into law.  With the authority thus granted,


a state administrator would need to formulate regulations that


transform broad expressions of legislative intent into the specific


language to control pollution of ground water.





The following regulations, or guidelines, are intended to provide


state agencies with a list of requirements that may be useful to them


in determining whether their existing regulations contain adequate


precautions against pollution of ground water, and in determining the


scope and nature of regulations that they might wish to adopt con-


cerning activities as yet unregulated in their states.  They are


regulations in that they are stated in terms of requirements, but


they are guidelines in that for the most part, they are preformance-


oriented and are not the technical regulations that an agency would
                      •a

also need in order to effect detailed control of potentially polluting


activities.  Neither is the list all-inclusive.  The hydrologic


situations and types of wastes and activities that can cause pollution


of ground water are almost limitless; special precautions and safe-


guards will need to be developed for special situations.
                            - IV-1 -

-------
With each set of regulations is a statement of the rationale behind
it.  The reason for each regulation is not described in detail, be-
cause its purpose is generally self-evident.

From one subject to another, the regulations vary substantially in
degree of detail.  In some cases, no regulations are provided.  The
editorial judgment in each case was based upon a consideration of the
potential usefulness of presenting, in this report, detailed
regulations affecting the subject.  Highway salting, for example,
is more a matter of management than application of regulations.
It was felt also that within the scope of the present manual, an
attempt to propose generally applicable regulations for ground
water development would not be feasible because of the variety of
situations and management decisions for which such regulations must
be designed.  For activities such as surface water pollution con-
trol, and to some extent other activities, regulations in reference
to ground water are not needed since ground water will be protected
if regulation of the primary activity meets its intended objectives.

in conjunction with the following regulations, the reader should
examine the Proposed Statutory Provisions for a State Ground Water
Agency in the preceding chapter, to gain a perspective as to what
might best be enacted by statute and what is contained in implementing
regulations.  This decision will vary from state to state.  Some of
the following regulations could themselves be used as statutory
provisions.
                            - IV-2 -

-------
It should be borne in mind by the reader that this report does not

recommend that all the following "regulations" be adopted by all

states.  In a number of the following sets, regulations are alter-

native or they may be inconsistent with one another.  A few are listed

in order of decreasing stringency, from complete prohibition to
                                                               t   j
general guidelines.  In some states, a particular regulation to

general guidelines.  In some states, a particular regulation may

appear extreme or unreasonable  (as for instance, quantities, times, or

amount of information required) while another state may find it in-

adequate.  In any state, effective prevention of pollution of ground

water will depend primarily upon the knowledgeable people whose talents

are brought to bear upon the problem; the regulations which follow

are offered in the hope simply that they will be useful aids to

these people in fashioning a program that is appropriate for their

state.



Reference to "National Drinking Water Standards" in the following

material is to standards to be established by the U. S. Environmental

Protection Agency pursuant to P.L. 93523, the "Safe Drinking Water

Act of 1974".



In any state which has been listed under that Act by the Administrator

of the U. S. Environmental Protection Agency as one for which an

underground injection control program is necessary to assure that

underground injection will not endanger drinking water sources, the

reader should consult the federal regulations on that subject  (40

CFR Part 146).


                                                                    i


                            - IV-3 -

-------
          "Injection" was interpreted broadly in preparation of
                                                              i   i

     the federal regulations to include not only conventional cased

     wells, but also industrial and municipal pits and ponds, septic

     systems serving more than one residential unit, agricultural

     drainage wells, and other methods of introduction of fluids

     into the ground.



                            CONTENTS
1.  LANDFILLS, DUMPS AND EXCAVATIONS
    Regulations for Installation, Operations, and Abandonment
    in order to protect Ground Water

2.  HOLDING PONDS AND LAGOONS
    Regulations for Installation, Operation, and Abandonment
    in Order to Protect Ground Water

3.  WATER AND WASTE-WATER SLUDGES AND EFFLUENTS
    Regulations for Utilization and Disposal
    in order to protect Ground Water

4.  WASTE PILES AND STOCKPILES
    Regulations for the Protection of Ground Water

5.  ANIMAL FEEDLOTS
    Regulations for the Protection of Ground Water

6.  FERTILIZERS
    Recommendations for the Protection of Ground Water

7.  PESTICIDES
    Recommendations for the. Protection of Ground Water

8.  SURFACE WATER INFILTRATION
    Commentary on Protection of Ground Water

9.  SEPTIC TANKS
    Regulations for the Protection of Ground Water

10. STORAGE AND TRANSMISSION FACILITIES
    Regulations for the Projection of Ground Water

11. ACCIDENTAL SPILLS
    Regulations for the Protection of Ground Water
                             - IV-4 -

-------
12. HIGHWAY SALTING
    Regulations for the Protection of Ground Water

13. AIR POLLUTION
    Commentary on Protection of Ground Water

14. DRAINAGE WELLS AND SUMPS
    Regulations for the Protection of Ground Water

15. ARTIFICIAL RECHARGE
    Regulations for the Protection of Ground Water

16. DISPOSAL WELLS
    Commentary on the Protection of Ground Water

17. WATER-SUPPLY WELLS
    Regulations for the Protection of Ground Water

18. EXPLORATION HOLES AND ABANDONED WELLS
    Regulations for the Protection of Ground Water

19. OIL AND GAS - ADDITIONAL RECOVERY
    Regulations for the Protection of Ground Water

20. MINING
    Commentary on Protection of Ground Water

21. GROUND-WATER DEVELOPMENT
    Commentary on Protection of Ground Water
1.  LANDFILLES, DUMPS, AND EXCAVATIONS

     Regulations for Installation, Operation, and Abandonment in
     order to Protect Ground Water
Sanitary landfills are generally considered to be those disposal

landfills, or dumps, which are covered with soil, usually simulta-

neously with deposition, in a manner sufficient to minimize nuisance

and health problems such as umpleasant odors, blowing papers, and

vermin.  These landfills are located as mounds, on top of the ground;

beneath the surface of the ground, but above ground water; and

beneath the surface, but below the ground water level.  In many

instances they present a potential hazard to ground water quality.
                            - IV-5 -

-------
The significance of this hazard, in specific instances, is dependent

upon the physical and chemical nature of the waste material being de-

posited; the geologic and hydrologic conditions prevailing at the

proposed site, including their relationship to the ground water; and

the economics of installation and operation.



Generally it has been the practice to dispose of toxic wastes, in-

cluding pesticides, industrial by-products and residues, brines, acids,
1              '
and other chemical compounds; municipal garbage; and inert or nearly

inert, insoluble substances, such as masonry demolition wastes, all in

a common landfill.  The only protection against the obvious hazard to

health has been due to fortuitous dilution — that is, the volume of

toxic products has been low enough as compared to apparently non-toxic

products to prevent any widespread pollution of the ground water body.



In some states (e.g., California) waste disposal sites are classified

according to the materials that may be placed in them, with toxic

wastes being relegated to specific disposal sites where their disposi-

tion can be more strictly regulated and monitored.



When soluble materials in a landfill come into contact with water, the

resultant leachate presents a threat to ground water quality.  The

source of water within the landfill may be water that was buried with

the material when disposed, as in the case of a mucicipal or industrial

sludge, or ground water that is in contact with the buried refuse.

Most commonly it is simply rainfall that enters the disposal site
                            - IV-6 -

-------
These regulations are not intended to cover all aspects of the design,
construction, and operation of a sanitary landfill.  They are intended
only to protect ground water quality sufficiently to preserve the
quality to the limits prescribed by National Drinking Water Standards
and to prevent further deterioration of ground water that does not
meet the Standards in its natural state.
                     >i
To this objective the regulations that follow require that a permit
system be initiated for all landfill operations.  The most important
conditions imposed by the permit requirement are:

     1.   A commitment as to the type of material that will be
          accepted at the proposed site.  This includes pro-
          jection of the quantity and chemical quality of
          leachate that is expected to be produced from the
          fill.
     2.   A complete evaluation of the geologic and hydrologic
          conditions existing at the proposed site.
     3.   A monitoring program sufficient to establish that
          the landfill site is performing as projected.
     4.   A finding that the leachate generated will not cause
          the indigenous ground water to exceed the level of
          concentrations of chemicals, including pesticides,
          as described in the National Drinking Water
          Standards.  Where the indigenous quality already
          exceeds acceptable levels of concentration, no
          increase in concentration will be approved.

                                 -  IV-7  -

-------
          exceeds acceptable levels of concentration, no increase
          in concentration will be approved.
     5.   A remedial action plan, prepared in advance, available
          in the event leachate escapes from a landfill.

Fulfillment of these conditions will contribute substantially to
the safe and economical qoperation of sanitary landfills.

These regulations should be supplemented or modified as necessary
to conform with current federal regulations in 40 CFR 146 adopted
pursuant to the Safe Drinking Water Act (Public Law 93-523) in
any state which has been listed by the Administrator of the U. S.
Environmental Protection Agency as one for which an underground
injection control program is necessary to assure that underground
injection will not endanger drinking water sources.
                             - IV-8 -

-------
                            REGULATIONS

1.   Every public or private agency or individual owning, constructing,
     or operating a landfill facility shall obtain a permit from the
     appropriate agency.
2.   The term of the permit shall be for a maximum period of three
     years.  The permit shall be automatically renewed every three
     years for the full life of the proposed facility, providing
     that at the end of each three-year interval restoration is current;
     all data and records are complete and filed with the agency, as
     required; and the facility is performing as projected at the time
     originally designed, without causing adverse effect upon local
     ground water conditions in excess of the National Drinking Water
     Standards in effect at the end of the permit period.

     In all instances the best available practicable technology shall
     be utilized.

3.   The permit application shall contain an economic and environmental
     analysis of the proposed system and comparative consideration of
                             - IV-9 -

-------
     one or more alternative solutions.
4.   The permit application shall identify the location of the proposed
     disposal site on the latest available topographic quadrangle map
     or maps of the United States Geological Survey, on a -scale of
     1:24,000.  If no such maps are available, equivalent alternatives
     shall be supplied with the application.
5.   The permit application shall include a detailed map, on a scale
     of one inch equals 200 feet, or larger, showing:
     (a)  topography within the area of the disposal site, with a
          contour interval not exceeding two feet,
     (b)  the area at least one-half mile beyond the site limits,
          which shall show contours on five-foot intervals,
     (c)  detailed survey boundaries and dimensions of the proposed
          project,
     (d)  cultural features, streams, springs, sinkholes, swamps,
          mines, pits, quarries, and other natural and man-made
          features as may be pertinent to ground water quality,
     (e)  existing wells, test borings, excavations, percolation
          test sites, etc.,
     (f)  roads, pipelines, power lines,
     (g)  location of proposed monitoring wells,
     (h)  details of ground water flow,
     (i)  location and thickness of glacial, colluvial, alluvial,
          and lacustrine deposits,
     (j)  bedrock depth, or outcrop, and lithology; depth to highest
          impermeable clay.
                               -  IV-10  -

-------
6.   The permit application shall include a description of regional
     and local structural geology.  Regional information shall
     include an area of five miles by five miles centered on the
     proposed site.
7.   The permit application shall include a complete and detailed
     description of the hydrology, geology, and soils at the proposed
     site.  This shall include, but not be limited to, description of
     ground water conditions; rock types, structural conditions such
     as faulting, folding, jointing, etc.; type and thickness of
     materials overlying bedrock, including soil classification;
     permeability and percolation rates of soils; flooding frequency;
     soil ion exchange capacity; gradation analyses to a depth five
     feet below the lowest proposed fill; and other existing condi-
     tions such as may be present at the site.  A cored soil sample
     shall be taken and permanently retained to show initial soil
     characteristics.
8.   The permit application shall include complete data establishing
     the background, or indigenous, ground water quality, including
     analyses for at least the following constituents:
     (a)  temperature, pH, specific conductance,
     (b)  hardness, alkalinity,
     (c)  BOD     5 day,
     (d)  COD    25 w K2Cr2O7,
     (e)  dissolved solids, suspended solids,
     (f)  total iron  (Fe),
     (g)  manganese   (Mn),
     (h)  sulfate     (SO4),

                               - IV-11 -

-------
     (i)  chloride    (Cl),
     (j)  fluoride      (F),
     (k)  Nitrogen - Kheldahl  (N),
     (1)  nitrogen - ammonia   (NH^),
     (lit)  nitrogen - nitrate   (NO3) ,
     (n)  chromium      (Cr),
     (o)  nickel        (Ni),
     (p)  zinc          (Zn),
     (q)  copper        (Cu),
     (r)  mercury       (Hg),
     (s)  phosphorus    (P),
     (t)  aluminum      (Al),
     (u)  lead          (Pb),
     (v)  methylene blue active substances  (MBAS),
     (w)  other constituents as indicated by the  nature of  the
          material being disposed.

     The permitting agency may require additional samples before issuing
     the permit.

9.   No permit shall be issued that will result in  the indigenous
     ground water quality becoming inferior to the  physical,  biologi-
     cal, and radiological levels for raw or untreated drinking water
     supply sources as specified in the National  Drinking Water
     Standards, including future additions and modifications.   If the
     indigenous quality is inferior to the recommended level, or  •
                               - IV-12 -

-------
     levels, for drinking water, the proposed disposal shall not
     degrade the naturally existing quality.

     If it is determined, after issuance of a permit that the permitted
     activity is resulting in ground water pollution, the permit may be
     suspended or revoked.

10.  No permit shall be issued for a landfill, dump, or excavation
     within the area of a floodplain covered by the 100-year flood.
11.  Seasonal water level fluctuations shall be determined prior to
     permit approval.  The maximum water table elevation shall not
     be within five feet of the lowest elevation of the proposed
     landfill unless special circumstances exist that specifically
     demonstrate that the proposed landfill will not adversely affect
     ground water quality, i.e., exceed standards.

     A minimum of two monitoring wells shall be established downgradient
     (water table or piezometric surface) from the proposed landfill to
     assure compliance with the regulations and permit conditions. These
     wells shall be completed so as to provide samples from that portion
     of the aquifer most likely to receive pollutants from the sanitary
     landfill, usually the upper ten feet of the aquifer.

     A regular monitoring program shall be established.  Samples shall
     be collected at least quarterly and analysed for the components
     indicated under preceding Regulation 8, and other critical items
                              - IV-13 -

-------
     that might be present as a consequence of the type of materials
     deposited in the fill.

     An additional monitoring well shall be installed and maintained in
     such a location as to provide comparative data on the background
     ground water quality.  This well shall be sampled, and the sample
     analysed, as above, at least annually.

     All monitoring wells shall be maintained and tested for the period
     of the active life of the landfill, plus a minimum of three years.
     If the design of the landfill or other factors indicates that the
     possibility of pollution extends beyond the prescribed three-year
     period, the monitoring period may be extended by the responsible
     agency.

12.   If pollution of ground water is suspected or proven during
     operation, the operator may be required to install such addi-
     tional monitoring wells as designated, for both design and lo-
     cation, by the agency.
13.   The permit application shall include a complete and detailed
     description of the chemical and physical character of the
     materials that are to be spoiled in the proposed fill.  A pro-
     jection shall be included of the chemical character and quantity
     of the leachate that will be produced.
14.   The type of materials to be spoiled, and the local hydrologic
     and geologic materials, control the requirements for leachate
     handling.

                              -  IV-14 -

-------
(a)   Where the geologic and hydrologic data required in Regu-

     lation 9 indicate that the naturally occurring soils are

     capable of preventing the leachate from entering the local

     ground water,  collecting the leachate for treatment is not
           1
     required to protect ground water.  For example, where the

     disposal site  is located in thick glacial clays, or in an

     impermeable shale, above the water table, the leachate will

     saturate the disposal site and appear as seeps or saturated

     spots on the surface.  This leachate must,  however, be

     collected and  treated to prevent surface water pollution.

(b)   If  the disposal site is located in a permeable soil, and

     if  the quantity and quality of the leachate is such that

     the quality of the ground water will be affected in ex-

     cess of the acceptable standard, the disposal site shall

     be  provided with either an underdrain system or an imper-

     meable barrier.

     (1)   Underdrain systems shall provide for collection of

          leachate, and either treatment to prescribe standards

          or direct recycling of the leachate insofar as tech-

          nically feasible.  When leachate is to be recycled,

          the ultimate disposition of the leachate, at the

          end of the useful life of the landfill,  shall be

          provided.

     (2)   When impermeable barriers are utilized,  the useful

          life of the barrier shall be indicated,  with pro-

          vision made for assuring the continued preservation

          of the ground water quality.



                         - IV-15 -

-------
15.  The permit application shall include a detailed remedial action
     plan which shall be utilized in the event it is determined that
     leachate is escaping or has escaped from the fill site.
16.  The permit application shall include the final proposed restor-
     ation plan for the site.  The restoration shall be such that the
     restored site is compatible with the surrounding area, both
     aesthetically and with regard to utility.

     Restoration shall be performed concurrently with landfilling.  At
     no time shall restoration be delayed more than ninety (90)  days
     after active filling.  Cover and drainage shall be provided daily.

17.  Reports shall be submitted to the responsible agency quarterly.
     These reports shall include all the data obtained from the moni-
     toring program, plus a daily record of the quantities and types
     of materials deposited in the landfill.  Where pesticides,  agri-
     cultural by-products, paint sludges, biological sludges, oils,  or
     any similar water-soluble manufactured chemical product is being
     dumped separately from normal municipal rubbish, the manufacturer
     shall provide a complete analysis of the material dumped.  No
     permit shall be renewed unless all reporting requirements are
     complied with promptly and fully.                                 '
18.  The landfill operator shall provide, with the permit application,
     a performance bond in the amount of at least $100,000.00, or
     such additional amount as required by the agency as a consequence
     of the magnitude of the project and the wastes accepted.  The bond
     shall be forfeited for violation of a regulation or permit condition,

                              -  IV-16 -

-------
19.  The bond, if forfeited, will be used to restore the site.  In'
     the event of forfeiture of bond, the operator shall not be eli-
     gible for future permits.
20.  In the event of violation of a regulation or permit condition,
     the agency may issue an order to temporarily cease operations
     until corrective action is taken, in lieu of bond forfeiture.
     Corrections must be undertaken immediately and completed within
     six months, without additional billing, or bond will be
     forfeited.

2.  HOLDING PONDS AND LAGOONS
     Regulations, Installation, Operation, and Abandonment in Order to
     Protect Ground Water
The major cause of ground water pollution in the United States, other
than the use of septic tanks, is leakage of wastes from holding ponds
and lagoons.  These holding structures range greatly in size and are
used to impound a wide variety of.waste substances.  In nearly all
cases, unlined holding ponds and lagoons leak.  This does not necess-
arily result in significant ground water pollution, because surround-
ing earth materials may be of such low permeability that the pollutants
migrate only short distances, the water table may lie at depths of
several tens of feet and the infiltrating wastes do not reach it, or
in a few cases, pits or lagoons may be constructed in brackish or salt
water areas and the waste water is less mineralized than the adjacent
ground water.
                               -  IV-17  -

-------
Ground water pollution problems that have resulted from infiltration
from holding ponds and lagoons include a broad spectrum.  The most
serious problems occur where underground strata are highly permeable
and the wastes stored contain very mobile chemicals, such as chloride.
A great number of holding ponds have been excavated in permeable sand
or gravel zones, which permit the waste to infiltrate at a rapid rate.
In other cases, wastes have infiltrated to nearby field drainage tile
through which they have moved in relatively undiluted states to points
of discharge in ditches or streams.  Pollution problems such as these/
can be alleviated if the holding structures are lined with an imper-
meable membrane, such as heavy gauge plastic.  Throughout the country,
experience has shown that clay liners are only partially effective
at controlling infiltration.

Surface runoff into holding ponds and lagoons may cause them to over-
flow a highly mineralized fluid that spreads cut over the ground and
pollutes not only the ground water, but the soil as well.  The
potential for this problem can be reduced by building retaining walls
around each structure to prevent surface water from entering.  The
retaining walls, however, must be protected from erosion which could
lead to catastrophic dumping during a heavy rain.  Moreover, the re-
taining walls may be sufficiently permeable to allow waste fluids to
migrate through them.  This can be controlled by protecting the re-
taining wall with an impermeable membrane.

Studies have shown that the quality of polluted ground 'water in the
vicinity of holding ponds varies both with depth and time. Consequently,

                               -  IV-18  -

-------
 monitoring ground water quality is not always a simple matter.   Monitor-
 ing wells must be constructed in such a way that they can be used to
 trace 'the movement of fluids from a holding pond if the need arises.
 The number of  monitoring wells needed per impoundment is dictated by
 the area  and volume of each site,  as well as the local geologic con-
 ditions.   In areas where the rocks are relatively permeable and the
 water table near land surface, at least two adjacent monitoring wells
 should  be installed;  one should be screened near the water table,  the
vother several  feet deeper.   The actual arrangement must be designed on
 rhe basis of the local geohydrologic conditions, but the well screens
 sh'ould  be placed at a depth that will intercept a potential pollution
 plume.

 Investigations have also shown that holding ponds and lagoons may
 continue  to pollute ground  water long after their abandonment,  even
 though  the structures have  been filled with earth materials.   This is
 largely due to collection of surface water in the vicinity of the
 abandoned site,  where it infiltrates.   Infiltrating water may leach
 pollutants from the former  impoundment or from the fill material.
 This source of pollution can be controlled by means of adequate
 abandonment procedures.

 The following  regulations were developed with the above thoughts in
 mind.   It is obvious that the regulations provided cannot solve all of
 the problems that might arise from the use of holding ponds and lagoons.
 Individual parts along with various modifications can be developed,
 however,  into  realistic management tools for the protection of ground

                               - IV-19 -

-------
water resources in any geohydrologic situation.  Holding ponds and



lagoons can be either prohibited, or allowed through a permit pro-



cedure.  A public policy statement should be developed that dis-



courages their use, but if the proposed system is technically and



economically feasible and other realistic methods are not, they may



be advisable, at least temporarily.  As an additional safeguard,



the agency could require treatment prior to placement of waste in



the holding structures.







These regulations should be supplemented or modified as necessary



to conform with current federal regulations in 40 CFR 146 adopted



pursuant to the Safe Drinking Water Act (Public Law 93-523) in



any state which has been listed by the Administrator of the U. S.



Environmental Protection Agency as one for which an underground



injection control program is necessary to assure that underground



injection will not endanger drinking water sources.
                             - IV-20 -

-------
                        REGULATIONS

 Every public or private agency or individual owning,  construc-
 ting, or utilizing a holding pond or lagoon for the storage of
 waste substances that contain water soluble materials shall
 obtain a permit from the appropriate agency.
 The term of the permit shall be for a maximum period of 	
 year(s), subject to renewal.
 The permit application shall contain an economic and environ-
 mental analysis of the proposed system, including the methods
.of construction and maintenance, type and quantity of waste
 (including chemical, physical, biological, and radiological
 properties), proposed duration of use of the site, technical
 justification for the use of the proposed system in contrast
 to other disposal or storage techniques, and a description of
 the entire waste handling and disposal system.
 The permit application shall include a complete and detailed
 description of the hydrology, geology, and soils at the proposed
 site.  This shall include, but not be limited to, a description
                         - IV-21 -

-------
     of regional and local rock types and structural conditions, such

     as faulting, folding, jointing, etc.; type and thickness of


     materials overlying bedrock, including soil description; per-

     meability and percolation rates of soils; soil ion exchange

     capacity; gradation analyses to a depth of 5 feet below the

     lowest proposed fill; and other existing conditions such as may


     be present at the site.   A cored soil sample shall be taken and

     permanently retained to show initial soil characteristics.

5.    The permit application shall identify the location of the pro-

     posed holding pond or lagoon on the latest available topographir


     quadrangle map or maps of the United States Geological Survey


     covering the site, on a scale of 1:24,000.  If no such mapsare

     available, equivalent alternatives shall be supplied with the

     application.

6.    The permit application shall include a detailed map of the site
                                                                  i
     and surrounding area within one-half mile in all directions,

     on a scale of one inch equals 200 feet, or larger, showing:

     (a)  topography, with a contour interval not exceeding

          5 feet,

     (b)  detailed survey boundaries and dimensions of the proposed

          project,

     (c)  cultural features,  streams, springs, sinkholes, swamps,

          mines, quarries, pits, and other natural and man-made

          features as may be pertinent to ground water quality,

     (d)  roads, pipelines, power lines,

     (e)  existing wells, test borings, excavations, percolation

          test sites, etc.,





                               -  IV-22  -

-------
     (f)  locations of proposed monitoring wells,



     (g)  details of ground water flow,



     (h)  location and thickness of glacial, colluvial, alluvial



          and lacustrine deposits,



     (i)  depth to bedrock, or outcrops, and lithology; depth to



          highest impermeable clay,



     (j)  faults, lineaments, fracture traces, joints.



7.   Samples of ground water, in a number prescribed by the permitting



     agency, shall be collected for background information at the



     proposed holding pond or lagoon site and analyzed chemically by



     a qualified laboratory prior to issuance of a permit.  The



     analysis shall include, but not be limited to, identification of



     specific elements, chemicals, and compounds that are present or



     presumed to be present in the material to be stored in the



     structure.



8.   No permit shall be issued that will result in the indigenous



     ground water quality exceeding the chemical levels for raw or



     untreated drinking water supply sources as specified in the



     National Drinking Water Standards, including future additions



     and modifications.  If the indigenous quality exceeds the



     recommended level or levels for drinking water, the proposed



     methods shall not increase the naturally existing levels.



9.   A permit shall not be issued if the agency determines the



     information supplied indicates any hazard to the public interest.



10.   A holding pond or lagoon (other than a municipal sewage lagoon)



     may be used only for the temporary storage of liquid, semi-liquid,



     or water soluble solid material.









                               - IV-23 -

-------
11.  Holding ponds and lagoons used for the storage of waste sub-



     stances that contain water soluble materials are prohibited



     unless they are properly lined with leak proof material.  The



     lining material must consist of heavy gauge plastic, compacted



     clay, or similar impermeable material.



12.  If a clay lining is used in a holding pond or lagoon, it shall



     be designed in accordance with the latest technology, including



     consideration of the thickness, permeability, ion-exchange



     capacity, and life of the liner, as well as the type of waste



     and waste loading.



13.  Fluids to be discharged into s holding pond or lagoon shall re



     pre-treated to remove any toxic or hazardous materials.



14.  In order for a permit to be issued, an embankment or barrier that



     will serve as a retaining wall must surround the proposed



     structure.  The purpose of the retaining wall is to prohibit



     inflow or outflow of surface water to or from the site.  The



     retaining wall shall be of sufficient height to contain the



     materials involved and in addition, prevent submergence during



     the 100-year flood.  The lagoon side of the retaining wall and



     the upper surface shall be protected by an impermeable liner,



     such as heavy gauge plastic sheeting.  The level of fluid in the



     holding pond or lagoon shall not rise above the ground surface



     at any time.



15.  Failure to maintain the retaining wall and liner shall be



     ground for revocation or suspension of the permit.



16.  Pipes of any kind that penetrate or partially penetrate the



     retaining wall, which would permit fluids to leak from the im-








                              - IV-24 -

-------
     poundment, are prohibited, except where the fluids would flow
     into an overflow pit or facilities of equal construction
     designed to collect the overflow.
17.  The construction of a holding pond or lagoon over field drainage
     tile is prohibited.
18.  A holding pond or lagoon shall not be installed within the area
     of any floodplain encompassed by a 100-year flood.
19.  A monitoring well network shall be established at each holding
     pond or lagoon, to assure compliance with regulations and permit.
     conditions.  The number and location of wells shall be prescribed
     by the agency based upon the size and volume of the holding pond
        ^s
     or lagoon and the subsurface hydrologic characteristics.  The
     wells shall be located strategically to provide maximum informa-
     tion, but in any case within 	 feet of the holding pond or
     lagoon in the regional down gradient direction.
20.  Samples of ground water shall be collected from the monitoring
     wells at regular intervals, not to exceed six months.  Each
     sample shall be chemically analyzed by a qualified laboratory.
     The analysis shall include, but not be limited to, identification
     of specific chemicals, elements, and compounds that are present
     in the substances stored in the adjacent holding pond or lagoon,
     as specified in the permit procedure.
21.  If specific chemicals, elements, or compounds known to be pre-
     sent in the holding pond or lagoon appear in the monitoring
     well samples at concentrations significantly exceeding the back-
     ground concentration in the adjacent ground water, the holding
     pond or lagoon operation shall cease or alternative containment

                               - IV-25 -

-------
     procedures shall be initiated.  The structure shall not be used
     until the repairs are completed and so certified by the operator.
     Within thirty (30) days, the owner or operator of the structure
     shall be required, at his own expense, to initiate action to
     return the polluted ground water to its original chemical,
     physical, and biological condition.  The renovation work shall be
     completed within a time deemed appropriate by the agency.
22.  The permit application shall be accompanied by a proposed plan
                                                                   /
     or alternative plans of action to be followed in the event the
     proposed facility results in ground water pollution.
23.  The operator of the holding pond or lagoon shall make an annual
                                                             •f
     report to the agency on the condition of the facility.  The
     agency may require additional reporting.
24.  The permit application shall be accompanied by a performance
     bond, the amount of which is based upon the type, concentration,
     toxicity, and volume of materials to be stored.
25.  The bond, if forfeited, will be used to restore the site.  In
     the event of forfeiture of bond, the operator will not be
     eligible for future permits.
26.  When a holding pond or lagoon is abandoned, the retaining walls
     shall be removed and the excavation filled with compacted fill
     material.  The compacted fill shall be mounded at least 	 feet
     above the adjacent land surface, and in such a manner that with
     future subsidence and compaction a mound will remain.  The purpose
     of the mound is to reduce the collection of precipitation, and
     resultant infiltration at the site.
                               -  IV-26  -

-------
27.  An abandoned and filled holding pond or lagoon shall be surrounded

     by a drainage system, such as a ditch or drainage tile, so that

     surface runoff will not flow through the site.  The ditch shall

     be constructed in such a manner that surface runoff will flow to

     adjacent drainage systems.

28.  Following abandonment of the pit of the holding pond or lagoon

     and its subsequent filling, compaction, and drainage, and prior

     to the release of the bond, the site shall be inspected and

     approved by the agency.



3.   WATER AND WASTE WATER SLUDGES AND EFFLUENTS

     Regulations for Utilization and Disposal in Order to Protect
     Ground Water



There are three primary sources of significant quantities of water and

waste water sludges and effluents.  These are sludges resulting from

municipal water treatment plants; sludges from municipal sewage treat-

ment plants and processes; and industrial sludges.



Historically water treatment plant sludges which are predominantly

lime magnesium residues resulting from water softening processes, have

been discharged directly to surface streams and lakes.  Recent restric-

tions upon this discharge have resulted in broad consideration of

technological and economic alternatives.  Most often, at present, the

lime sludges are stored in lagoons from which the liquid effluent is

decanted or evaporated.  When the lagoons are filled, the sludge is

allowed to air dry, and is ultimately hauled to landfill sites.
                               - IV-27 -

-------
Since the moisture content of this air-dried sludge generally exceeds
50 per cent, it is difficult and expensive to haul, unsuitable for
spreading, and difficult to utilize as landfill.  Sludges high in
magnesium content create even greater problems due to their tendency to
retain even more moisture.

By utilizing vacuum filtration or centrifuge techniques it is possible
to reduce the water content of the sludge to 10 to 20 per cent, making
the sludge more easily utilized but at substantial expense.  By firing,
or recalcination, of lime rich sludge the resultant product, calcium
oxide or "quicklime", can be reused in the water softening process,
or utilized as agricultural lime.  This procedure is of marginal value
both ecpnomically and environmentally for several reasons that cannot
be elaborated upon at this time.  In any event, recalcination is not
effective where the magnesium content of the sludge is high.

Spray irrigation and spreading or overland techniques are effective
means of water treatment sludge disposal and utilization. > They appear
to be particularly appropriate when combined with sewage sludges and
utilized for soil reclamation in areas such as strip mines.  The pro-
posed regulations provide for this mode of utilization.

Sewage sludges are commonly stored by lagooning, with the effluent
discharged to surface streams.  When the lagoons are full the sludge
is air dried, and then hauled to waste in a landfill.  As with the
lime sludges, the solids content of the sludge can be increased by
                               -  IV-28  -

-------
heat drying, vacuum filtration, and similar means.  These make the
sludge more amenable to utilization as landfill.

Sewage sludges that are most frequently to be dealt with are the
residues of secondary treatment processes.  As with other residual
sludges, they must be stabilized, either chemically or biologically,
prior to disposal.

Alternative methods involving incineration and land spreading of
various types are being utilized with increasing frequency.  Inciner-
ation reduces the quantity of the sludge that must be disposed, to
three to five per cent of the* initial sludge volume.  This, of course,
reduces problems of hauling and disposal.  In addition, the ash is
biologically inert, which makes it a very suitable landfill material.
The most serious problems associated with incineration are cost and
air pollution.

Land spreading can be utilized either with or without simultaneous
application of effluent.  Agricultural benefits are apparently greater
when both stabilized sludge and effluent are applied.  Land application
techniques usually involve either irrigation by spray or surface     s
application; overland flow by spray application; or infiltration
percolation by means of spreading basin application.   (USEPA, March
1974, Alternative Waste Management Technique for Best Practicable
Waste Treatment.)
                               - IV-29 -

-------
The advantages of land application, in addition to disposal, are,
under proper circumstances:  effective advanced treatment, with a
high level of removal of nutrients, BOD bacteria and suspended solids;
crop fertilization; and raising of ground water levels.  Disadvantages
include:  potential ground water pollution; nitrate build-up in the
soils; and possible concentration of toxic elements and compounds in
the crops which may be returned directly to the food chain.

Traditionally the treatment of industrial wastes has involved only
lagoons, sedimentation basins, and "evaporation" ponds.  The effluent
from these ponds, usually of very unsatisfactory quality, have in many
instances infiltrated into the local ground water, as well as dis-
charged into local streams directly.  The polluted ground water
continues to discharge into the stream, but in a diffuse manner which
is often very difficult to identify.  Among the worst offenders in the
past have been the chemical industry,  paper industry, metal processing
industry, and food processors.

For the most part industrial wastes are treatable by technology similar
to that of the public sewage treatment plants.  Often the treatment is
relatively simpler, since the waste product is specific, as compared
to the broad range of substances treated in a public facility.

The variables that must be evaluated in making a determination of the-
appropriate technology that should be applied in a particular circum-
stance are numerous.  The factors that must be considered include:
the chemical and biological nature of the water and waste water that


                               -  IV-30  -

-------
is to be treated; climatic factors of temperature and rainfall;
geologic factors of soils and types of bedrock; hydrology and topo-
graphy; and demographic and sociological factors of population,
economics, land availability, and cultural features.  Each of these
factors involves a wide range of variable conditions, all of which
cannot be rigorously defined in a set of detailed and specific
regulations.

As a consequence it is considered that regulations necessary to
protect ground water must be directed toward procedure and perfor-
mance, rather than being detailed, specific standards, with a few |
exceptions.  This necessitates the establishment of a permit system
for the disposal or utilization of all municipal and industrial
sludges and related effluents.

It is recognized that there is some redundancy or overlap between
these regulations and some others.  This is particularly the case
                                                                     i
with the use of holding ponds and lagoons.  However, the universality
of problems with the storage, utilization, and disposal of sludges,
and the specificity of the problems related to them is considered
to be adequate justification for treating these separately herein.

These regulations should be supplemented or modified as necessary
to conform with current federal regulations in 40 CFR 146 adopted
pursuant to the Safe Drinking Water Act  (Public Law 93-523) in
any state which has been listed by the Administrator of the U. S.
Environmental Protection Agency a> one for which an underground

                            - iv-31 -

-------
injection control program is necessary to assure that underground



injection will not endanger drinking water sources.







                            REGULATIONS







1.   Every public or private agency or individual utilizing or dis-



     posing of water treatment or waste water treatment sludges shall



     obtain a permit from the supervising state agency.
                            - IV-32 -

-------
2.   The term of the permit shall extend for the effective life of the



     proposed facility.  The permit may be revoked at any time by the



     issuing agency for violation of a regulation or a condition of



     the permit.



3.   The permit application shall contain an economic and environmental



     analysis of the proposed system, including a description of the



     biological and chemical character of the sludge and effluent;



     proposed duration of use of the site; a description of the entire



     waste handling and disposal system; and comparative consideration



     of one or more alternative solutions.



4.   The permit application shall contain a complete end detailed



     description of the geology, hydrology, and soils at the proposed



     site.  This shall include, but not be limited to, a description



     of regional and local rock types and structural conditions, such



     as faulting, folding, jointing, etc.; type and thickness of



     materials overlying bedrock, including soil classification; per-



     meability and percolation rates of soils; soil ion exchange



     capacity; gradation analyses to a djepth of 5 feet below the



     lowest proposed fill; and other existing conditions such as may



     be present at the site.  A cored soil sample shall be taken and



     permanently retained to show initial soil characteristics.



5.   The permit application shall include a detailed map of the site



     and surrounding area within one-half mile in all directions, on




     a scale of one inch equals 200 feet, or larger, showing:



     (a)  topography, with a contour interval not exceeding 5 feet,



     (b)  detailed survey boundaries and dimensions of the proposed



          project,








                               - IV-33  -

-------
     (c)  cultural features, streams, springs, sinkholes, swamps,



          mines, quarries, pits, and other natural and man-made



          features as may be pertinent to ground water quality,



     (d)  roads, pipelines, power lines,



     (e)  existing wells, test borings, excavations, percolation test



          sites, etc.,



     (f)  location of proposed monitoring wells,



     (g)  details of ground water flow,



     (h)  location and thickness of glacial, colluvial, alluvial,



          and lacustrine deposits,



     (i)  depth to bedrock, or outcrops, and lithology; depth to



          highest impermeable clay,



     (j)  faults, lineaments, fracture traces, joints.



6.   Samples of ground water, in a number prescribed by the permitting



     agency, shall be collected for background information at the



     proposed site and analyzed chemically by a qualified laboratory



     prior to issuance of a permit.  The analysis shall include, but



     not be limited to, identification of specific elements, chemicals,



     and compounds that are present cr presumed  to be present in the



     sludge and effluent.



7.   No permit shall be issued that will result in the indigenous



     ground water quality exceeding the chemical or pesticide levels



     for raw or untreated drinking water supply sources as specified in



     the National Drinking Water Standards, including future additions



     and modifications.  If the indigenous quality exceeds the recom-



     mended level or levels for drinking water, the proposed disposal



     or utilization method shall not increase the naturally existing








                              - IV-34  -

-------
     levels.  If there is any projected deterioration of indigenous
     water quality the disposal proposed shall be based upon the best
     available technology.
8.   A permit shall not be issued if the permitting agency determines
     the information supplied indicates any hazard to the public
     interest.
9.   A minimum of two monitoring wells shall be established in a down
     gradient (water table or piezometric surface) position from the
     proposed disposal site.  These wells shall be completed so as to
     provide samples from that portion of the aquifer judged most
     likely to receive contamination from the disposal site, usually
     the upper 10 feet of the aquifer.

     A regular monitoring program shall be established, with samples
     collected at least quarterly, and analyzed for critical components,
     The monitoring wells shall be maintained for the life of the la-
     goon or pond, plus a minimum of three years.

     An additional monitor well shall be installed and .maintained ,in
     such a location as to provide continuing data on background
     ground water quality.

     Seasonal water table fluctuations shall be determined prior to
     permit approval.  The maximum water table elevation shall not be
     within 5 feet of the lowest elevation of the proposed disposal
     site, unless it can be demonstrated that the operation proposed
     will not result in ground water of unacceptable quality, i.e.,
     exceed standards.
                              - IV-35 -

-------
10.  The permit application shall be accompanied by a proposed plan
     or alternative plans of action to be followed in the event the
     proposed facility results in ground water pollution.  This shall
     include cessation of operation until the necessary corrections
     are completed.
11.  No disposal site for sludges and effluents shall be installed
     within the area of any floodplain encompassed by a 100-year flood.

     Within any watershed the proposed site for disposal shall be pro-
     tected from flooding created by the record 100-year storm.

12.  For the following disposal and utilization techniques the infor-
     mation indicated shall be included in the permit application.
     Where appropriate, specific procedures and regulations are in-
     cluded and must be observed by the permit holder.  It is strongly
     suggested that qualified experts in civil sanitary engineering,
     soils engineering, geology, and ground and surface water hydrology
     be utilized to supply the required data, and advise regarding the
     regulatory procedures:
     A.   Holding Ponds and Lagoons (temporary storage only)
           (1)  Type of liner.  If the proposed liner is of an impervious
               material such as PVC plastic, a complete description of
               the weight and thickness of the liner, the method of
               installation, and the projected life of the installation
               shall be supplied.
               If a clay liner is to be used, the effective life of
               the liner, and the quality and quantity of contaminants


                               -  IV-36  -

-------
          expected to penetrate the liner shall be determined.
          This determination shall involve the type and thickness
          of clay, its permeability, exchange capacity and such
          other factors as may be required to make this a valid
          determination.                                        '
          With any design of lining material, the data shall
          clearly indicate that the effect of any leakage from the
          storage site shall not cause the ground water quality
          to exceed the previously specified water quality
          standards.
B.   Landfill of Sludge and Ash (permanent)
     (1)  The design of the landfill may be based upon either a
          requirement for collection and treatment of leachate,
          as with an underdrawn system or peripheral drainage
          system, or a detailed evaluation indicating that the
          leachate will have no detrimental effect upon the
          naturally occurring ground water,  in excess of National
          Drinking Water Standards.                               '
          It is recognized that in some instances the effect of
          leachate can be beneficial rather than detrimental, not
          only to existing ground water but also to biotic forms.
          This is particularly evident in some agricultural appli-
          cations and in strip mine reclamation.  In all instances
          the permit application shall contain a detailed analysis
          of existing conditions and projection of the changes
          anticipated as a result of the proposed project.  It
          shall also establish monitoring procedures adequate to
                          -  IV-37 -

-------
     test the accuracy of the projections after the proposed
     project is in construction and operation.
(2)   Landfilling may be conducted by cellular containment,
     or by burial in layers  sufficiently thin to permit
     continuous daily cover  and compaction.
(3)'  Sewage sludges that are filled in thin  layers shall be
     covered and compacted daily.   If filling is by the
     cellular method the cell shall be sized such that  all
     sludge within each cell can be covered  weekly.   If odors
     from the site become objectionable beyond  the boundaries
     of the disposal site, covering shall be conducted
     continuously, and daily cover shall be  required.
(4)   Water treatment sludges need not be covered until
     filling of the site is  complete, unless odors develop
     from the site that are  objectionable beyond the
     boundaries of the disposal site.  In this  event the
     water treatment sludge  shall be covered as with sewage
     sludge.
(5)   Industrial sludges shall be evaluated individually on
     the basis of their specific objectionable  characteris-
     tics.   Any time they become offensive by odor to sur-
     rounding properties the material being  disposed shall
     be treated as sewage sludge.
(6)   The permit application  shall provide for the restoration
     of the site upon completion of the landfill project.
     This restoration plan shall include: final grading of
     the site on two-foot contour interval;  vegetative  cover,
                     -  IV-38  -

-------
          type and location; quantity, quality, and location of



          leachate that will continue to discharge from site;



          provision for continued monitoring, and treatment of



          leachate, if required.



C.   Land Application Techniques - Irrigation, Overland Flow,



     Infiltration/Percolation and Sludge Spreading



     (1)  In designing land application techniques the following



          (adopted from the Pennsylvania Department of Environ-
     \


          mental Resources, Bureau of Water Quality Management,



          Publication No. 31) shall govern design criteria:



          (a)  TREATMENT:



               All wastes must be made .amenable to treatment by



               the earth material prior to application.  In



               general, the equivalent of secondary treatment will



               be required for all organic waste prior to spraying.



               Higher degrees of treatment or lower hydraulic



               loading may be required of wastes having high BOD



               or COD concentrations.  Care should be taken to



               insure that wastes containing greases and emulsions



               which can clog the soils and coat vegetation, pre-



               venting adequate evapotranspiration, are not dis-



               charged to the spray irrigation field.  Wastes



               which are toxic to vegetative cover or remain toxic



               in- the environment or are non-^biodegradable or non-



               exchangeable with the soil materials will not be



               acceptable for spray irrigation.  All wastes con-



               taining sewage or pathogenic organisms must be
                            t

               disinfected prior to spraying.



                          -  IV-39  -

-------
(b)   STORAGE:

     Storage will have to be provided where the irriga-
                                                       i
     tion facilities are not designed to handle surge

     flows or  to operate in winter conditions.   The size

     of  the storage  facility will  depend on the volume

     of  flow,  temperature of the effluent,  design of

     the disposal field and expected low temperature in

     the area.   Storage facilities must be  designed to

     handle the maximum reasonable variation in flow.

     These facilities are considered part of the waste

     treatment system and must be  included  in the permit

     application and,  where applicable,  must meet all

     department regulations with respect to impoundments

     (lagoons).

(c)   SCREENING:

     Screening should be provided  in all cases where

     solids are expected.   The screen should be designed

     to  prevent clogging of the nozzles. The applicant

     must agree to establish s. procedure of inspecting

     and cleaning the sprinklers on a routine basis.

     Where a solid build-up on the field may become a

     problem,  other  solid removal  devices should be

     considered or a plan presented for incorporating

     the solids into the soils. Special care must be

     taken with greases and other  liquids which can pass

     through the system and coagulate on the soils.  The

     disposal  of these substances  through spray irri-




                -  IV-40  -

-------
     gation is very severely limited by the soil's



     ability to renovate the pollutants.



(d)   CONTROLS:



     Sufficient controls should be provided to indicate



     any malfunction of the disposal system,  and to



     allow the field operation to be varied with ease.



     The minimum control system which will be allowed



     is a pressure gauge.   An allowable variance of



     head will have to be established around the normal



     operating head.



(e)   PIPING:



     The piping should be so arranged as to allow the



     irrigated sections to be varied easily.   Stationary



     (solid-set)  systems are much preferred,  but if a



     movable system is proposed, one main header must be



     provided with individual connections for each field



     section and sufficient numbers of spare equipment



     must be available to insure non-interrupted irri-



     gation.   Where pipe drains are necessary (partic-



     ularly where winter operation is anticipated),



;/    the drains must be so arranged as to discharge only



     within the spray field or to return the effluent



     to a storage facility.



(f)   SPRINKLERS:



     Sprinklers should be elevated on risers high enough



     to insure uniform distribution with the lowest pos-



     sible trajectory. They must be clear of vegetation








                  - IV-41 -

-------
     and snow.   Experience has shown that high,  easily



     visible  sprinklers  are also less susceptible to



     destruction by farm machinery.   The selection of



     sprinkler  heads depends on the  application  rate,



     the design and distribution diameter,  and the spac-



     ing of the sprinkler heads.  They must be  so located



     as  to give a non-irrigated buffer zone around the



     irrigated  area to protect against runoff.   Design



     of  the buffer zone  should also  consider wind trans-



     port of  the waste water and odors.   The revolving



     kicker-type sprinkler is recommended.   Others will



     be  accepted only upon submission of information



     showing  satisfactory distribution patterns  and



     operational ability during freezing temperatures



     for winter systems.



(g)   DISTRIBUTION DIAMETER:



     This must  be selected to allow  even distribution.



     It  is dependent on  the type of  vegetation sprayed



     and is severely affected by winds and topography.



     The diameter should not exceed  140 feet on  any



     type application.   Generally smaller diameters are



     desirable  in wooded areas and steeper slopes.



     Large distribution  diameters usually involve higher



     trajectories and greater distortion of the  distri-



     bution pattern by winds.



(h)   TYPE SPACING:



     The spacing must be selected to prevent overloading








                  - IV-42 -

-------
     any part of the field.   A uniform distribution of
     the effluent is usually most satisfactory,  and will
     require overlapping of  the spray stream in  most
     areas.   Spacings used depend on the distribution
     pattern of the individual sprinklers,  slope,  wind,
     and type of vegetative  cover.
(i)   APPLICATION RATE:
     The hydraulic application rate must be selected to
     not exceed the infiltration capacity of the soil.
     The waste load applied  must be adjusted to  assure
     proper  residency within the soil mantle at  the
     hydraulic loading rate  in order to achieve  the
     desired degree of treatment.   Proposed application
     rates will not be accepted without substantiating
     data.   Application rates in excess of 1/4 inch per
     hpur and 2 inches per week for each section of the
     field will be considered only under extremely
     extenuating circumstances supported by detailed
     substantiating data.  Under usual conditions  the
     ground  water mound which will be built by the
     added infiltration should not reach within  10
     feet of the ground surface.  For municipal/domestic
     type sewage systems it  will usually be advantageous
     to lay  out the field in seven lines or sections to
     facilitate daily rotation of the irrigated  sections.
     For industrial plants the number of sections  is usu-
     ally determined by the  number of working days or
     shifts.
                  - IV-43 -

-------
(j)   Spray irrigation may be considered an all-season



     operation only in areas kept in permanent vegeta-



     tion,  preferably in established forest cover.



     Where sub-freezing operation is anticipated, drains



     to  prevent pipe freezing should be installed and



     adequate  temporary storage should be  provided  for



     flows that cannot be irrigated during severe weather



     conditions.   Pipe drains must discharge only to  the



     permitted spray field or to storage facilities.



     dikes or  other controls for runoff from ice build-



     ups must  be included in the plans.



     Wind is also a consideration in some  sections.



     Where strong prevailing winds are experienced  a



     provision should be made for a windbreak or adequate



     buffer zone to protect downwind adjacent land  usage.



     The trajectory of the spray should be kept as  low



     as  possible since wind velocity increases rapidly



     with height.   Wind is also a serious  consideration



     in  distribution system design and location for



     uniform application of waste water.



(k)   AGRICULTURAL PRACTICE:



     Idle fields,  forested areas,  grasslands, and



     cultivated crop areas are acceptable  for spray



     irrigation.   The choice of vegetative cover is



     important both to waste renovation and water



     utilization through evapotranspiration.  Reed



     canary grass has been particularly good for many








                 - IV-44 -

-------
    sites because of its high tolerance for wet condi-
    tions and low maintenance,  needing only occasional
    mowing.   There are no restraints on the choice of
    vegetation,  except that the vegetative cover should
    provide  high evapotranspiration and prevent erosipn
    from runoff.   When agricultural use of the crop is
    anticipated,  the species to be used and the har-
    vesting  frequency must be indicated.   Certain crops
    are tolerable of wet conditions only during portions
    of  their life span and irrigation on the barren
    field is unacceptable.
    Acceptable slopes for the field are closely related
    to  the agricultural practices intended.   Most
    standard agricultural practices are acceptable for
    spray irrigation fields with slopes up to a maxi-
    mum inclination of 4 per cent.   Slopes on sodded
    fields are limited to 8 per cent.   Forested slopes
    are limited to 8 per cent for year-round operation,
    but in some seasonal operations slopes up to 14
    per cent may be acceptable.
    Wastes high in nitrogen will require special care
    of  the spray field.   Nitrogen is concentrated in
    the growing vegetation and  may build up to toxic
*   levels in the field if the  vegetation is not cut
    and physically removed.  All fields should be
    mowed and the crop residue  removed at least once
    a year.   Those receiving high nitrogen loading will
               - IV-45 -

-------
     require more frequent cropping and removal.   Mowing



     and removal  of the crop en grassland areas will



     maintain better vegetative cover and improve the



     renovation capacity of the site for nitrogen and



     phosphorus.



     If the spray field will be routinely disrupted for



     any reason (such as establishing or reestablishing



     a  crop or cover,  harvesting,  field maintenance,  or



     interment of solids)  the operator must provide



     additional land,  storage,  or  otherwise show  in



     the design report that the remaining field has



     adequate capacity for the increased loading  during



     the interim  period.   This is  especially important



     where  agricultural crops are  to be grown on  the



     spray  field.



(1)   ADJACENT LAND USE:



     Adjacent land must be considered as it may be



     affected by  blowing spray, odor,  or other aspects



     of spraying.   Where domestic  housing is one  of the



     neighboring  land uses,  the plans should include



     screen barriers or buffer zones to prevent blowing



     spray  from entering residential land.   Particular



     attention should be paid to adjacent ground  water



     users,  assuring that downgradient users of ground



     water  have adequate protection or monitoring to



     prevent the  use of any ground water which may be-



     come polluted.  The present and anticipated  use









                 - IV-46 -

-------
          (including expansion of the spray fields)  of
          adjoining land within 200 feet of the spray field
          should be considered and entered in the design
          report.
(2)   Stabilized sludge and associated effluents may  be applied
     by spray,  ridge and furrow or other procedures,  following
     the same general design requirements as spray irrigation,
     as defined under the preceding section.
(3)   Where the site is to be utilized for agricultural crops
     the permit application shall also include the following
     information:
     (a)   type of  crops to be utilized,
     (b)   estimation of concentration of heavy minerals,
          nitrates, or other potentially harmful constituents
          anticipated in the planned crops,
     (c)   method of utilizing or disposing of crops.
(4)   The permit application shall include the proposed loading
     rates of organic pollutants, including pesticides and
     pathogenic materials, heavy metals, dissolved salts,
     nitrates,  and any other polluting materials that iray
     have an adverse effect on the soils, crops, or  ground
     water quality.
     The permit application shall also project the effect,
     or tuild-up,  that will result in.the soils, crops,  or
     ground water  quality.
     The monitoring program that is submitted with the permit
     application shall be adequate to test the accuracy of

                       - IV-47  -

-------
               the projection of these changes.  In the event monitor-



               ing indicates the projections were not reasonably



               accurate, the permit shall be reviewed, and revoked,



               unless it can be established that the continued oper-



               ation of the system will not result in deterioration of



               the ground water quality in excess of National Drinking



               Water Standards.



13.  No new permit shall be issued to any operator who is in current



     violation of any permit condition or regulation.







4.   WASTEPILES AND STOCKPILES



     Regulations for the Protection of Ground Water








Many waste materials are piled on the ground and abandoned, or stored



to await final disposal.  Nearly all wastepiles are uncovered and



exposed to the atmosphere and precipitation, thus allowing production •



of leachate that may flow over the land or infiltrate.  Unregulated



wastepiles that contain pollutants can not only cause ground water



pollution, but produce offensive odors and breed insects and other



disease-carrying or disease-producing organisms.







The infiltration of water soluble substances in milling or refining



wastes has caused ground water pollution.  Likewise, a severe ground



water quality problem arose after a soil saturated with chemical wastes



was used for road grade material.  The highly soluble organic wastes



in the soil infiltrated, grossly polluting a nearby well.
                                 - IV-48 -

-------
Stockpiling of raw materials or products may inadvertently lead to
      i   i

ground water pollution.  Many of these valuable resources may contain


materials that to varying degrees are water soluble.  Prime examples


of stockpiles that have caused ground water pollution include salt for


winter road spreading, manure for fertilizer, and certain ores.





In many instances, it is possible to control or reduce ground water


pollution from wastepiles and stockpiles by providing facilities to


alleviate or reduce infiltration and control surface runoff.  There is


such a wide variety of materials and methods used for outside stock-


piling, and to a lesser extent waste disposal, that a great number of


regulations will need to be developed for specific situations.  All


encompassing regulations are beyond the scope of this document and are


left to the discretion of the agency for development.





                            REGULATIONS





1.   Every public or private cogency or individual that has or intends


     to have a wastepile (stockpile) of any material containing water


     soluble or other substances that are likely to be a source of

                                                              !   i
     ground water pollution shall obtain a permit from the agency.


     The term of the permit .shall be three  (3) years subject to


     renewal.


2.   The application for a permit shall include a map or aerial photo-


     graph of the site at an appropriate scale, and describe the pur-


     pose and location of the wastepile (stockpile) site, geologic and


     hydrologic description of the proposed site (including rock types,





                                -  IV-49  -

-------
     permeability, infiltration rates, description of bore hole used
     for examination, depth to water table, and quality of the under-
     lying ground water), type and quantity of waste (including
     chemical analysis, and physical and biologic properties), proposed
     duration of use of the site, technical justification for the use
     of the proposed system in contrast to other disposal and storage
     techniques, and cibandonment procedures.
3.   Samples of ground water, the number of which shall be prescribed
     by the permitting agency, shall be collected for background in-
     formation at the proposed wastepile (stockpile) site and analyzed
     chemically by a qualified laboratory prior to the issuance of a
     permit.  The analysis shall include, but not be limited to,
     identification of specific elements, chemicals, and compounds
     that are present, or may reasonably be presumed to be present in
     the material to be stored in the wastepile (stockpile).
4.   No permit shall be issued that will result in the indigenous
     ground water quality exceeding the chemical or pesticide levels
     for raw or untreated drinking water supply sources as specified
     in the National Drinking Water Standards, including future addi-
     tions and modifications.
5.   Disposal of waste materials on the land surface is prohibited, ,
     unless exempted.  Exemptions will be automatically granted for
     relatively inert substances as follows:  sand and gravel, quarried
     stone  (others as appropriate).
6.   Wastepiles that contain water soluble materials are prohibited
     unless the leachate is collected and treated in a manner to meet
     the conditions of the permit.
                                                                    i
                                 - IV-50 -

-------
7.   Stockpiled material containing substances that are likely to be
     a source of ground water pollution shall be placed on a surface
     that prohibits or significantly retards infiltration.
8.   Stockpiles of materials containing substances that are likely to
     be a source of ground water pollution may not be stored in an1
     unprotected condition.  The stockpile must be covered by an
     impermeable membrane or placed in a storage facility.
9.   An applicant can comply with this regulation by submitting de-
     tailed construction plans for a covered, enclosed, or containerized
     nonpermanent facility, which indicates, beyond a reasonable doubt,
     that the accumulative effects of the operation are such that no
     leachate is generated.
10.   In order for a permit to be issued, an embankment or barrier that
     will serve as a retaining wall must surround the proposed struc-
     ture.   The purpose of the retaining wall is to prohibit inflow or
     outflow of surface water to or from the site.  The retaining wall
     must be a minimum of 	 feet higher than the surrounding land
     surface.  The lagoon side of the retaining wall and the upper
     surface shall be protected by an impermeable liner, such as
     heavy gauge plastic sheeting.  The level of fluid in the holding
     pond or lagoon shall not rise above the ground surface at any
     time.   Failure to maintain the retaining wall and liner will
     result in revocation of the permit.
11.   Wastepiles (stockpiles) within the area of any floodplain covered
     by a 100-year flood are prohibited.
12.   The permit application shall include emergency procedures that'
     will be followed in the event ground water pollution occurs.

                                - IV- 51 -

-------
     These shall include cessation of operation until the necessary
        i
     corrections are completed.

13.  A monitoring well network is required at each disposal site to

     assure compliance with the discharge permit.  The number of wells

     required, which depends on the size and volume of the wastepile

     (stockpile) and the subsurface hydrologic characteristics, shall

     be proposed by the applicant for approval by the agency.  The

     wells shall be located strategically to provide maximum informa-

     tion, but in any case within 	 feet of the wastepile (stock-

     pile) in the downgradient direction.

14.  Samples of ground water shall be collected from the monitoring

     wells at intervals not to exceed six months.  Each sample shall

     be chemically analyzed by a qualified laboratory.  The analysis

     shall include, but not be limited to, identification of specific

     elements and compounds that are present in the substances stored

     in the adjacent wastepile (stockpile).

15.  In any area where ground water pollution is suspected, due to

     poor or inadequate operations, or any cause, the agency may re-

     quire the operator to install additional monitoring wells.

16.  If specific elements, chemicals, or compounds known to be present

     in the wastepile (stockpile)  appear in the monitoring well samples

     at concentrations greater than those in the adjacent ground water

     before the operation began,  the operation shall cease or alter-

     native containment initiated.  Within 30 days, the owner or

     operator of the wastepile (stockpile) shall be required to initi-

     ate action, at his own expense, based on plans submitted to and

     approved by the agency, to return the polluted ground water to



                                - IV-52 -

-------
     .its  original  chemical,  physical,  biological,  and radiological
     condition.   The  renovation work shall be completed within a time
     deemed  appropriate  by the agency.
17.  If the wastepile  (stockpile) is found to be discharging  polluting
     fluid  to the  ground  water, corrective action  shall be taken.  The
     agency may  require the  owner or operator of the  wastepile  (stock-
     pile)  to move it to  an  area which will  meet the  requirements  of
     the  permit.
18.  The  permit  application  shall be accompanied by a performance  bond,
     the  amount  of which  will be determined  by  the type, concentration,
     toxicity, and volume of materials to be contained in the wastepile
      (stockpile).
19.  Following abandonment of a wastepile (stockpile)  and prior to the
     release of  the  bond, the site  shall  be  covered with compacted clay,
     seeded, and properly drained,  and the site inspected by  the agency.
20.  The  bond, if  forfeited,  will be used to restore  the site.   In the
     event  of forfeiture  of  bond, the  operator  will not be eligible
     for  future  permits.

5.   ANIMAL FEEDLOTS
     Regulations for the  Protection of Ground Water

All participating  states  are required  to have a permit system to meet
NPDES requirements, which is surface water oriented.   The following
regulations are mainly  for the protection of ground water.   A number of
states already have adequate administrative controls on animal feedlots
and dairy farms.   Many  of these contain criteria similar to those of
                                 -  IV-53 -

-------
the Council of State Government's model Confined Animal Feeding Act.

In general, existing rules and regulations prescribe various permit

procedures and pay particular attention to pollution of surface water

by feedlot runoff.  The model act calls for a permit, the application

for which requires a considerable amount of information, including the

number of livestock and poultry, and maps or aerial photographs show-

ing land use and cultural features, soil characteristics, topography,

drainage pattern, depth to the water table, and the location of the

proposed confined feedlot relative to receiving waters.  It prohibits

operations within specified distances of water courses, on floodplains,

or within specified distances of parks, private property, or ten or

more private residences.



In general, most regulations are written in broad language permitting

a fairly wide latitude in interpretation.  For example, "the storage

of animal feedlot wastes is required to be conducted in such a manner

as to prevent the creation of a potential pollution hazard to land, air,

or water, and to minimize generation of objectionable odors and the   '

accumulation of insects or other potential disease vectors".  Commonly,
                                                                   i
the soil is required to be relatively impermeable in order to prohibit

infiltration of pollutants.  Requirements generally call for dikes or

curbs of sufficient size to prevent entry of runoff from surrounding

storage areas,  generally, regulations prohibit the storage of unpro-

cessed wastes for more than one year.  The use of waste-storage

facilities as a means for permanent disposal of dead animals is pro-

hibited.
                                - IV-54 -

-------
There is no question that infiltration of animal feedlot wastes can
                  •                                               !
cause substantial ground water quality problems, although case histories
are not well documented.  Infiltration of these wastes can lead to
excessive concentrations of nitrate, a health hazard/ as well as
chloride, organic carbon, and ammonia, in addition to bacteria.  For-
tunately, the unsaturated zone with its high sorption, filtration,  and
                                                                    j
oxidizing potential, attenuates many, but certainly not all, of the
waste substances that are potential ground water pollutants.  For
example, both nitrate and chloride are highly mobile and are not re-
moved from the ground water.  The potential for pollution decreases
with increasing depth to the water table, where there is sufficient
clay to serve as retention and sorption media, where the water table
gradient, especially during pumping, is away from wells, and where
there is a great distance between wells and deposits of wastes.

In order to reduce ground water pollution from confined feedlots an
application for a permit to construct or modify existing feedlot oper-
ations should include, in addition to the normal requirements, data on
soil type, permeability, land slope, depth to water table, ground water
quality data, and detailed plans for the construction, storage, treat-
ment, and disposal of wastes.  Holding ponds or disposal facilities
should also be provided in order to collect polluted drainage where
large accumulations of manure are stored during winter months but they
should be constructed, operated, and maintained in a manner that will
not contribute to ground water pollution.  In certain hydrologic situ-
ations, they should be lined.  Furthermore, the operation plan should
include alternate storage techniques or methods that would be used to

                                - IV-5 5 -

-------
handle overflow amounts and to provide for annual removal of accumu-
lated solids.  Regulations that could be used in the vicinity of
feedlotSj and in particular storage facilities, are found elsewhere
in this manual.

These regulations should be supplemented or modified as necessary
to conform with current federal regulations in 40 CFR 146 adopted
pursuant to the Safe Drinking Water Act (Public Law 93-523) in
any state which has been listed by the Administrator of the U. S.
Environmental Protection Agency as one for which an underground
injection control program is necessary to assure that underground
injection will not endanger drinking water sources.
                            - IV-56 -

-------
                            REGULATIONS





1.   Every public or private agency or individual that has or intends


     to have a feedlot for animals, the cumulative number of which


     exceeds the acceptable limit as established by the responsible


     State agency, shall obtain a permit.


2.   The term of the permit shall be for a period of 	 year(s),


     subject to renewal.


3.   Manure and polluted surface runoff shall be stored, collected,


     and treated in such a manner so as to minimize infiltration of


     these wastes to the water table.


4.   Where practical, a relatively impermeable surface should form


     the floor of the feedlot.  The soil manure interface should not
                                    \

     be disturbed during cleaning operations.


5.   Confinement facilities shall have adequate surface drainage to


     prevent the accumulation of surface water in corrals and feedlots,


     Embankments shall be constructed to prevent surface runoff into


     or out of the feedlot.


6.   Application of manure and wastewater to croplands shall be at


     rates that are reasonable for the crop, soil, climate, local


     situation, management system, and type of manure.
                             - IV-57 -

-------
7.   The salt in animal rations should be limited to that required to
     maintain animal health and optimum production.
8.   No livestock waste control facility shall be located within 	
     feet of any well used for domestic purposes or within 	 feet
     of any well or wells constituting part of a municipal water supply?
9.   All storage areas shall be designed so as to restrict infiltration
     or other movement of animal wastes to ground waters.  The water
     pollution control facilities shall be operated and maintained so
     as to prevent ground water pollution and to protect the public
     health and beneficial uses of the waters of the state.
10.  Waste materials removed from retention basins, waste treatment
     facilities, or confined feeding operations shall be disposed of
     or stockpiled in a manner that will not contribute to ground
     water pollution.
11.  The permit application shall be accompanied by a proposed plan
     or alternative plans of action to be followed in the event the
     proposed facility results in ground water pollution.
12.  Samples of ground water, in a number prescribed by the permitting
     agency, shall be collected for background information at the pro-
     posed waste holding pond, lagoon, or collection sump and analyzed
     by a qualified laboratory prior to issuance of a permit.
13.  A monitoring well network shall be established at each waste
     holding pond or lagoon to assure cpmpliance with the regulations
     and permit conditions.  The number and location of wells shall be
     prescribed by the agency, based upon the size and volume of the
     holding pond or lagoon and the subsurface hydrologic character-
     istics.  The wells shall be located strategically to provide

                                - IV-58 -

-------
     maximum information, but in any case within	 feet of the
     holding pond in the regional downgradient direction.
14.  Samples of ground water shall be collected from the monitoring
     wells at regular intervals not to exceed six months.  Each sample
     shall be chemically analyzed by a qualified laboratory.
15.  If specific chemicals, elements, or compounds known to be present
     in the waste in the holding pond, lagoon, or collection sump
     appear in the monitoring well samples at concentrations signifi-
     cantly exceeding the background concentration in the adjacent
     ground water, the holding pond, lagoon, or collection sump oper-
     ation shall cease or alternative containment procedures shall be
     initiated.  The structure shall not be used until the repairs are
     completed and so certified by the operator.  Within 30 days the
     owner or operator of the structure shall initiate action, at his
     own expense, to return the polluted ground water to its original
     chemical, physical, and biological condition.  The renovation
     work shall be completed within a time deemed appropriate by the
     agency.
16.  The agency shall issue a cease emd desist order to the owner 'and
     operator of the feedlot collection, holding pond, lagoon, or
     collection sump until the pollution or cause of pollution is
     eliminated.
17.  The operator of a waste holding pond, lagoon, or collection sump
     used to collect feedlot runoff shall report on the operation,
     including the size of feedlot, cumulative number of animals,
     cumulative volume of waste handled, and water quality monitoring
     data, to the agency twice each year.

                                - IV-5 9 -

-------
18.  The permit application shall be accompanied by a performance bond,



     the amount of which shall be determined by the permitting agency.



19.  The bond, if forfeited, will be used to restore the site, or in



     the case of pollution, to restore the ground water to its original



     state.  In the event of forfeiture of the bond, the operator will



     not be eligible for future permits.







6.  FERTILIZERS



     Recommendations for the Protection of Ground Water







The application of fertilizers, primarily for agricultural purposes,



has created a threat to ground water quality as well as to surface



waters.  Until recently, ground water pollution was not as universally



recognized, for several reasons.  Although relatively soluble, ferti-



lizers are applied on the surface and, because of the economics in-



volved, extremely high concentrations are rare.  Thus excess quantities



are usually dispersed by surface runoff or absorbed by the soil, leaving



a minimum amount penetrating to ground water.







However, several recent discoveries of ground water pollution from



fertilizers prove that surface runoff and soil absorption do not always



effectively eliminate pollution.  An additional problem occurs when



fertilizer pollutants infiltrate from surficial streams.  For this



reason, the cumulative effect of multiple contributors throughout a



drainage basin must also be controlled.
                                - IV-60 -

-------
To ensure ground water protection, it is recommended that the appro-
priate agency in each State establish:

1.   A network of surface water quality monitoring stations to isolate
     areas contributing an unacceptable level of fertilizer pollutants
     (i.e., in excess of National Drinking Water Standards).
2.   An adequate network of wells to detect areas where ground water
     quality is being detrimentally affected by the infiltration of
     fertilizer pollutants.
3.   The right to ban the use of specific chemicals for specific periods
     of time, or specify maximum loading, as required to restore an
     acceptable level of water quality.
4.   A program for the registration of all fertilizers, or formulations
     thereof, which are sold within the State.

7.  PESTICIDES
     Recommendations for the Protection of Ground Water

The Federal Environmental Pesticide Control Act provides for labeling
and registration of pesticides; certification of applicators; restric-
                                                                 i
tion and regulation of use where deemed necessary; and a national
monitoring program, among other provisions.  The Act also provides for
State operation of the certification and regulation program, if the
State prefers.

The organic residues and derivatives of many pesticides are extremely
toxic and often very stable.  Once these stable organics enter the

                                - IV-61 -

-------
water supply, whether surface or underground, they tend to recycle in



the food chain with an increasing concentration in time.  Thus they



have enormous capacity for serious environmental, including health,



damage.







Ground water supplies, by the nature of their occurrence, are less



susceptible to pesticide pollution than surface supplies.  Nevertheless^



without awareness of the potential pollution problem ground water



supplies will be ruined.  Once contaminated, cleanup is very difficult,



and expensive.







Very little is known about the specific capacity of soils to assimilate



known quantities of various pesticides without polluting the underlying



ground water.  However, it appears at present that the problems of



stable organic chemical concentrations become serious in vegetation



and adjacent surface water bodies, and often in the food cycle of
                            '                                  '   '   j   i


animals, prior to becoming a problem in the ground water supply.  There



will undoubtedly be many exceptions to this, but it seems certain that



the obvious control point for ground water protection from pesticide



pollution is on the surface.






It is recommended that every State adopt a stringent pesticide control



plan, in accordance with the federal statute, and add to it the



following provisions:






1.   Monitoring of ground water in areas of pesticide application for



     the specific pesticides being applied, and their derivatives.








                                - IV-62 -

-------
2.   Delineation of areas, by appropriate geologic mapping, where



     shallow aquifers are recharged; where internal drainage causes



     ponding, and subsequent infiltration of pesticides that are



     applied; and areas saturated by high permanent water tables.



3.   No pesticides shall be applied within 300 feet of any well,



     borehole, excavation, septic system (including absorption field),



     within the confines of any floodplain except by special permit,



     or within five feet of the highest known seasonal fluctuation of



     the water table, except for domestic and noncommercial applica-



     tions where there is no evidence of pollution.  The State still



     reserves the right to ban all applications where pollution has



     reached critical concentrations, in the judgment of the appro-



     priate agency.



If these provisions are enforced, in conjunction with the other condi-



tions of the law, the damage due to pesticide application will be



minimized.







8.  SURFACE WATER INFILTRATION



     Commentary op Protection of Ground Water







Because the means by which ground water may be protected from infil-



tration of polluted surface water is to maintain surface water quality



standards that are sufficiently high that ground water is not adversely



affected, no special regulations are set forth here concerning that



subject.  The Federal Water Pollution Control Act Amendments of 1972



(P. L. 92-500) and state water pollution control laws and regulations



are directed at maintenance of surface water quality standards, and









                                - IV-63 -

-------
thus as a practical matter at maintenance of ground water quality.
It should be borne in mind, however, that surface water quality
standards may not be as restrictive as those desirable for the pro-
tection of ground water quality, and this should be considered in
establishing surface water standards.

9.  SEPTIC TANKS
     Regulations for the Protection of Ground Water

in the interest of public health, as well as ground water protection,
septic tanks and related subsurface sewage disposal systems should not
be utilized unless population density or the unavailability of public
facilities makes them economically feasible.  This rule is generally
observed throughout the United States, although there is little uni-
formity as to the nature of conditions that require the installation
of a public system.

Historically, local boards of health, in one form or another, have
adopted regulations to protect the public health from the adverse
effects of heavy concentrations of septic systems and faulty design
and construction.  These have often taken the form of minimum lot
sizes and spacing requirements and minimum design standards or indivi-
dual installations.

Fortuitously, these health regulations have served, in many instances,
to protect ground water supplies.  Failures have generally been related
to lack of understanding of local geological and ground water conditions.

                                - IV-64 -

-------
Particularly, problems can be anticipated in areas where soils are
thin and are directly over fissured, open rock such as some limestone,
granite, and sandstone formations.  In general it can be noted that
problems develop at both ends of the spectrum — in tight, impermeable
soils where proper infiltration cannot occur, and at the other extreme
in loose, highly permeable conditions where the soil lacks adequate
absorptive capacity to provide treatment of the sewage material.

For these reasons the following regulations are intended to be directed
toward reinforcement of current good practices in septic tank design
and construction.

In addition, it is here proposed that each state shall develop and
utilize sufficient soils and geologic data to make it possible for
local governing bodies to provide sound local practices, both for
septic tank design and use, and for septic sludge disposal, where no
treatment facilities are possible.

In any area where the density of homes exceeds 100 units per square
mile, and no public sewers are provided, the appropriate eigency should
develop and operate a monitoring network sufficient to determine whether
or not the aggregate effect of all subsurface sewage disposal systems
is having an adverse effect upon ground water quality.  If ground water
quality is deteriorating from this cause, the agency should have the
authority to stop all further construction in the area until a public
sewer system or equivalent alternative can be provided.
                                - IV-65 -

-------
These regulations are not intended to cover all aspects of subsurface



disposal systems, but only those aspects important to the protection



of ground water quality standards.







These regulations should be supplemented or modified as necessary



to conform with current federal regulations in 40 CFR 146 adopted



pursuant to the Safe Drinking Water Act (Public Law 93-523) in



any state which has been listed by the Administrator of the U. S.



Environmental Protection Agency as one for which an underground



injection control program is necessary to assure that underground



injection will not endanger drinking water sources.
                             - IV-66 -

-------
                            REGULATIONS

1.   The construction and use of any subsurface sewage disposal system
     is prohibited if such construction or use results in the signifi-
     cant deterioration of ground water quality.
2.   Every public or private agency or individual using or intending
     to utilize any type of subsurface sewage disposal system shall
                                                                      i
     apply for a permit from the agency.  A permit application shall
     include the following information:
     (a)  accurate, detailed location of the proposed system,
     (b)  percolation test data, in accordance with following pro-
          cedures for percolation tests,
     (c)  design details of both the spetic tank and soil absorption
          system in accordance with minimum design requirements, as
          follows in these regulations,
     (d)  maximum seasonal elevation of ground water, as certified by
          a qualified ground water geologist, or the appropriate
          geological agency of the state.
3.   Septic tank installers and pumpers  (cleaners) shall be licensed
     by the appropriate agency.  No septic tank shall be installed
     without the required permit.
4.   Multi-housing, commercial, and institutional applications shall
     be evaluated and permitted or rejected upon the basis of
                              -  IV-67 -

-------
     individual design.  In all instances the design shall at least



     meet the comparable minimum standards prescribed for individual



     or single family homes.  No permit shall be issued where ground



     water quality will be adversely affected.



5.    The maximum seasonal elevation of the ground water table shall be



     at least 4 feet below the lowest portion of the proposed soil



     absorption system.



6.    Seepage pits and cesspools are not permitted.



7.    Percolation tests shall be performed in accordance with procedures



     developed at Robert A. Taft Sanitary Engineering Center, as



     follows:  (Source: U.S. Dept.  of Health, Education, and Welfare,



     "Manual of Septic Tank Practice", 1967)



     A.   Number and location of tests. - Six or more tests shall be



          made in separate test holes spaced uniformly over the pro-



          posed absorption field site.



     B.   Type of test hole. - Dig  or bore a hole, with horizontal



          dimensions of from 4 to 12 inches and vertical sides to the



          depth of the proposed absorption trench.  In order to save(



          time, labor,and volume of water required per test, the holes



          can be bored with a 4 inch auger.  (See Figure 1)         '



     C.   Preparation of test hole. - Carefully scratch the bottom and



          sides of the hole with a  knife blade or sharp pointed instru-



          ment, in order to remove  any smeared soil surfaces and to



          provide a natural soil interface into which water may perco-



          late.  Remove all loose material from the hole.  Add twp



          inches of coarse sand or  fine gravel to protect the bottom



          from scouring and sediment.








                             - IV-68 -

-------
                         Figure 1.

       METHODS OF MAKING PERCOLATION  TESTS

           i'-WHIN MAKMO rUCOlATWN
             TESTS MAM UNIS HIM AT
             tfOULAI TIMj
 ,JV-	MAKWO^fttOIATIoWp^,
.1:';'/;?TESTS MAM ONES HEM AT [  ':,•'.•;;;
«OTIl LEAVE BATTU »OAKD IN
    IE CAIHUl NOT TO MOVI IT
    OUtMO TUT.
                          -  IV-69  -

-------
     D.    Saturation and swelling of the soil.  - It is important to
          distinguish between saturation and swelling.  Saturation
          means that the void spaces between soil particles are full
          of water.   This can be accomplished in a short period of
          time.  Swelling is caused by intrusion of water into the
          individual soil particle.  This is a slow process,  especi-
          ially in clay-type soil, and is the reason for requiring a
          prolonged soaking period.

          In the conduct of the test, carefully fill the hole with
          clear water to a minimum depth of 12 inches over the gravel.
          In most soils, it is necessary to refill the hole by supply-
          ing a surplus reservoir of water, possibly by means of an
          automatic syphon, to keep water in the hole for at least
          four hours and perferably overnight.   Determine the percola-
          tion rate 24 hours after water is first added to the hole.
          This procedure is to insure that the soil is given ample
          opportunity to swell and to approach the condition it will be
          in during the wettest season of the year.  Thus, the test will
          give comparable results in the same soil, whether made in a
          dry or in a wet season.  In sandy soils containing little or
          no clay, the swelling procedure is not essential, and the test
          may be made after the water from one filling of the hole has
          seeped away.

8.    Septic tanks shall be of the minimum capacities indicated in
     Table 2.  The design of the septic tank shall be in accordance

                                - IV-70 -

-------
                       Figure  2.

              SUBSURFACE  DISPOSAL FIELD
  Oiltribution Box.

       l Joints
  -•Tor Paper Collar
                                   Trtnch-X 6- MIN.
                            100* moi.
Slope 6VlOO'mo». _
                               o
                               IU
                               z
                               z
                               o
                               u
o
z
111
                     PLAN  VIEW
    OPEN JOINT  DETAIL
                                        e%*riol/tt-«*    "•
  CROSS SECTION


DISTRIBUTION BOX
                                       he"-36" ^

                                      CROSS SECTION
                                                         oca
 DISPOSAL FIELD LAYOUT FOR

      SLOPING GROUND
 "A"  • "B"

 THE LENGTH OF ALL FIELD TILE
 TRENCHES MUST BE  EQUAL.
                                JIU
                        -  IV-71  -

-------
                                TABLE 1.

            Absorption-Area  Requirements For Individual Residences  (a)


                     [Provides for garbage grinder and automatic clothes washing machines]
Percolation rate (time
required for water to
fall one inch,
in minutes)
1 or less
2
3
4
5

Required absorp-
tion area, in
sq. ft. per
bedroom (b),
standard trench
(c), seepage beds
(c), and seepage
pits (d)
70
85
100
115
125

Percolation rate (time
required for water to
fall one inch,
in minutes)
10 	
15 	
30 (e) 	
45 (e) 	 	 	
60 (e), (f) 	

Required absorp-
tion area in sq. ft.
per bedroom (b),
standard trench
(c), and seepage
beds (c), '
165
190
250
300
330

     (a)  It is desirable to provide  sufficient land area for entire

          new absorption system  needed in future.

     (b)  In every case sufficient  land area should be provided for

          the number of bedrooms (minimum of 2) that can be reasonably

          anticipated, including the  unfinished space available for
                                                                       i
          conversion as additional  bedrooms.

     (c)   Absorption area is figured  as  trench-» bttom area and includes

          a statistical allowance for the vertical  side wall area.

     (d)   Absorption area for seepage pits  is  figured as effective

          side wall area beneath the  inlet.

     (e)   Unsuitable for absorption systems  if over 60.
1 Section 5.1(b)(T)(A) Page  20  of Recommended State Legislation and
Regulations:  Urban Water  Supply  and Sewerage Systems Act and Regula-
tions, Water Well Construction and Pump Installation Act and Regula-
tions, Individual Sewerage Disposal Systems Act and Regulations.
U.S.D.H.E.W., Public  Health Service, July 1965.
                                -  IV-72  -

-------
     with the design recommendations of the Manual of Septic Tank
     Practice, pages 29 to 40.
9.   Subsurface seepage fields (leach fields or absorption trenches)
     if found to be applicable by percolation test, should be designed
     and constructed in accordance with Tables 1, 2, 3, and Figure 2,
     and the following items A through E.
A.   Disposal Field.  The layout, size, and minimum spacing requirements
     for disposal fields should conform to those given in Figure 2 and
     Table 4.
B.   Disposal Trenches.  Disposal trenches should be designed and con-
     structed on the basis of the required effective percolation area
     determined by percolation tests and Table 1.  The bottom of the
     trenches should be at least 4  feet above the normal ground
     water level.
C.   Absorption Lines.  Absorption  lines should be constructed of farm
     tile, perforated tile, bituminized fiber pipe, asbestos cement or
     semirigid plastic pipe with suitable perforations.  Farm tile,
     should be laid with open joints.  The tile sections should be
  '   spaced not more than 1/4 inch  apart, and the upper half of the
     joint should be protected by asphalt treated paper while the tile
     is being covered.
D.   Bedding Material.  The bedding material should extend the full
     width of the trench and should be not less than six inches deep
     beneath the bottom of the tile.  After the tile has been laid,
     the bedding material should be brought up to a level of 2 inches
     above the top of the tile.  The bedding material should be washed
     gravel, crushed stone, slag, or clean bank-run gravel ranging in

                                - IV-73 -

-------
                           TABLE  2.


 MINIMUM  CAPACITIES  FOR SEPTIC  TANKS  SERVING  AN


                   INDIVIDUAL DWELLING

Number
of
Bed-
room*

2 	

4 	
5 	
0 	
7 	
Maximum
Number
Persons
Served
PERSONS
6
8
10
12
15
c«
Tank (No
•uto. wash-
ing machine
no garb.
grinder)
GALLONS
750
900
1200 •
1500
1800
2250
Liquid
Cap. of
Tank (with
auto, wash-
ing ma-
chine only)
GALLONS
938
1125
1500
1875
2250
2813
Liquid
Cap. of
Tank (with
garb.
grinder
only)
GALLONS
1125
1350
1800
2250
2700
3375
Liquid
Cap. of
Tank (with
both auto.
washing
mach.&garb.
grinder)
GALLONS
1313
1575
2100
2625
3150
3938
NOTE: The minimum allowable liquid depth chill be 4 feet. Tanks in
excess of 1200 gallon capacity (hall be designed on the bails of 1W times
the daily flow of 100 gallons per person per day up to 1500 gallons per
day. Plows greater than 1SOO gallon per day the minimum effective tank
capacity should equal 1500 gallons plus 75% of dally sewsge flow. This
formula V • 1500 * .75Q may be used. V « Volume sod Q » Daily sewage
flow la gallons. .
                             TABLE  3.


MINIMUM STANDARDS  FOR DISPOSAL FIELD CONSTRUCTION
                                               Minimum
          Disposal-field construction                  Standard
       Lines per field, minimum number .	    2
       Individual lines, maximum length	  100 ft.
       Trench bottom, minimum width	   18 in.
       Trench bottom, maximum width	   36 in.
       Field tile, minimum diameter	    4 in.
       Field-tile lines, maximum slope	    6 in. in 100 ft
       Field trenches, minimum separation	(1)
       Effective absorption erea, minimum per
         dwelling unit	(2)200 so, ft
       (1) See Table V
       (2) See Table m
                       Alt Knee Urea eVctrlkutfen ee* eneufrf »• «eu*f.
                             - IV-74 -

-------
                                 TABLE 4.
            SIZE AND SPACING FOR DISPOSAL FIELDS
Width of Trench
•t Bottom
Inches
18
24
30
36
(1) A greater
Recommended
Depth of
Trench
Inches '
18 to 30
18 to 30
18 to 36
24 to 36
spacing is desirable
Spacing Tile
Lines (1)
Feet
6.0
6.0
7.6
9.0
where available area
Effective
Absorption Ares
per Lineal Foot
of Trench
Square Feet
1.5
2.0
2.5
3.0
permits.
     size from 1/2 to 2-1/2 inches.  The bedding material should be
     covered by a 2-inch layer of pea gravel or straw to support the
     backfill as the laying of the tile drain proceeds.  (Plastic
     should not be used as a barrier between the seepage line and the
     earth fill for the trench.)
E.   Distribution Box.  A distribution box should be provided to re-
     ceive the effluent from the septic tank to assure equal distribu-
     tion to each individual line of the disposal field, as shown in
     Figure 3, in accordance with the following items:
     (1)  Connection.  The distribution box should be connected to
          the: septic tank by a watertight sewer line and be located
          at the upper end of the disposal field.
     (2)  Invert Level.  The invert of the inlet pipe should be located
          6 inches above the bottom of the box.  The invert of the
                                 -  IV-75 -

-------
          outlets to each distribution line should be located 4 inches

          above the bottom of the box and set at the same elevation.

     (3)   Inspection.  The sides of the box should extend to within a

          short distance of the ground surface to permit inspection.

          The box should be kept to the minimum size necessary to

          accommodate the inlet and outlets.




10.  In areas having dense soil with & percolation test time greater


     than 60 minutes which precludes the use of subsurface absorption

     lines,  sand filters may be used.   The filters should be designed

     in accordance with Figure 3, and the following sub-paragraphs A

     through fl.


     A.   Size.  The size should be such to provide 100 square feet of

          filter area per person served, or 200 square feet of filter

          area per bedroom.   In systems serving an automatic washing

          machine, the size should be increased to provide 250 square

          feet of filter area per bedroom.  It is recommended that the

          size be based on a filter 20 feet square for a two-» tedroom

          home, with an additional 10 feet of length added for each
                                        \
          additional bedroom.  Enginners should design larger sand

          filters on the bases of one gallon/square foot.

     B.   Minimum Filtering Depth.  The minimum filtering (sand)  depth

          should be 24 inches.

     C.   Cover Material and Depth.  The filter may be covered with a

          maximum depth of 12 inches of porous soil or medium to  coarse

          gravel.
                                -  IV-76  -

-------
      FIGURE 3.

BURIED SAND FILTER
                                      so
       PLAN VIEW
    V>1';>^:''?:j'^^:^>>>:v:-:vXv/_jO^MIn. Gravel
       SIDE  VIEW          ~~*
     • Variable
  jLi±i^t£^i
                      Man. Soil Cover
                      Coorte Grovel

                       " Pia Gravel

                    IO"Min. Coarse Gravel
       END VIEW
       -  IV-77 -

-------
D.   Filter Media.  The filter media  (sand) should have an effec-
     tive size of 0.6 to 1.0 millimeters and a uniformity coeff<-
     ient of less than 3.5.  It should be washed and free from
     clay or silt.

NOTE:  The following buried sand filter design can be expected to
function properly only if it i& installed in exact accordance with
design criteria.  The effective size and uniformity coefficient of
the sand are of the utmost importance.  Mortar sand and most
natural (pitrun) sands are not satisfactory and their use will re-
sult in an early failure of the filter.  If antural sand having
the correct specifications is not available, graded sand should be
used.  No sand should be used in the basence of a sieve analysis
report; sand effective size should be 0.6 to 1.0 mm.

E.   Distribution and Collection Lines.  The distribution and
     collection lines should conform to the requirements for
     absorption lines as given in paragraph C in the seepage
     field section.  The distribution lines should have a slope
     of two inches per 100 feet and should be spaced two feet
     apart, center-to-center.  The collection lines should have a
     slope of six inches per 100 feet and one collection line
     should be provided for each 10 feet of width, or fraction
     thereof.  The lower end of the distribution lines should be
     vented as required in paragraph G, and the upper end of the
                           - IV-78 -

-------
          collection lines should be completely plugged.  Automatic
          siphons should be considered for installations serving more
          than four bedrooms.
     F.    Bedding Material.  The bedding material for the distri-
          bution and collection lines should be placed and should
          consist of washed gravel, washed crushed stone, or slag.
          The coarse gravel may range in size from 1/4 to 1-1/2
          inches in diameter.   The collection lines should be
          laid directly on the cut, without placing gravel beneath
          the line.
     G.    Venting.  Vents should be placed on the downstream end of
          each of the distribution lines:  The vents should extend to,
          or slightly above the ground surface and the outlet should
          be screened with 1/4 inch mesh screen.
     H.    Drainage.  Adequate drainage must be provided to prevent
          ponding of surface water above the filter, and adequate
          drainage must also be available to insure free drainage of
                                        *
          the effluent from the filter.
11.   Septic tank sludges shall be disposed of by hauling to regional
     sewage treatment facility whenever this is possible.
12.   Septic tank sludges, when no treatment facilities are available,
     may be disposed by sludge spreading or spraying, in permitted
     sites only, by licensed pumpers.

     Permits for sludge spreading or spraying sites shall be obtained as
     defined under regulations for wastewater sludge disposal.  In addi-
     tion to these requirements, the permit application shall state

                                - IV-79 -

-------
     procedures to be utilized for:



     (a)  cropping the land, and disposal of crops,



     (b)  preventing public nuisance and health hazards due to the



          presence of the disposal site,



     (c)  the capability of the soil to utilize nitrogen without ex-



          cessive concentrations.  Attention is directed to "guidelines



          of the State of Maine which note that 37,000 gallons of sludge



          contains 300 pounds of nitrogen, which is the•maximum appli-



          cation to a moderately well drained loamy soil.







     It is recognized that septic tank sludges are very liquid, malodor-



     ous, unhealthful materials.  If at all possible they should be



     directed to a sewage treatment plant.  Under no circumstances,



     except full treatment, should they be directly disposed in landfill,



     compost, subsurface injection, or land reclamation outside of a



     licensed site.   ,







10.  STORAGE AND TRANSMISSION FACILITIES



      Regulations for the Protection of Ground Water







Serious instances of ground water pollution occur when transmission or



storage facilities are allowed to discharge onto or into the ground.



Among the most striking, yet insidious, examples of pollution from



this source are leakage from sanitary sewers, and leakage from buried



gasoline tanks for service stations.
                                - IV-80 -

-------
These are typical examples of a wide range of related hazards



including leakage from surface storage tanks, transmission lines,



underground storage tanks and pipelines for many types of chemicals,



biological produces, and petrochemicals.  As a result of the variety



and complexity of this problem it is not practical to attempt to



specifically regulate all occurrences.  As a consequence these



regulations are directed at proper design, periodic inspection, and



ground water quality monitoring in certain instances.







Since the usual occurrence of pollution from this source would be



unplanned, or accidental, the correction of problems that occur



will be as indicated under "Accidental Spills."







These regulations should be supplemented or modified as necessary



to conform with current federal regulations in 40 CFR 146 adopted



pursuant to the Safe Drinking Water Act (Public Law 93-523) in



any state which has been listed by the Administrator of the U. S.



Environmental Protection Agency as one for which an underground1



injection control program is necessary to assure that underground



injection will not endanger drinking water sources.
                             - IV-81 -

-------
                           REGULATIONS








1.   Every storage and transmission facility except gravity sewers



     shall be designed and constructed to withstand all shocks,



     forces, and pressures to which it is expected to be subjected



     plus a safety factor of at least 100 per cent.



2.   Gravity sanitary sewers sha^.1 meet the current prescribed



     standard for exfiltration and infiltration.  All sanitary



     sewers shall be inspected or tested for leakage at least once



     every five years.



3.   All storage tanks and transmission facilities shall be pressure



     tested when installed, and at intervals thereafter not to



     exceed once every five years.  Hydrostatic pressure testing



     shall be conducted at 150 per cent of the design operating



     pressure.
                            - IV-82 -

-------
     In the event of a leak, the facility  shall be removed from
     service until repairs are made.
4.   Records of every inspection or test shall be maintained for
     periodic review by authorized State personnel.   The record shall
     include the date of the inspection, equipment used, results
     obtained,  and the sworn, notarized statement of the person
     making the inspection as to the accuracy of the report.   Inspectors
     shall be licensed by the State.
5.   Surface storage and transmission facilities shall be visually
     inspected for leaks annually.   All surface storage tanks shall be
     surrounded by an impermeable base and dike enclosing sufficient
     volume to contain at least the entire storage capacity of the
     tank.  Shut-off valves for the transmission line supplying each
     tank shall be located in an accessible location, adjacent to
     each tank.
6.   In the event of 3 spill the procedures for immediate reporting,
     cleaning-up, etc., all as detailed in the handling of "accidental
     spills," shall be observed.
7.   In any area where ground water pollution is suspected,  due to
   .  poor operations, frequency of spills,  or any cause, the supervis-
     ing State agency may require the operator of the storage or
     transmission facility to install monitoring wells to check ground
     water quality.

     If the agency determines from the monitoring wells that the ground
     water quality is being adversely affected, a bond and liability in-
                                  -  IV-83 -

-------
     surance may be required of the operator, as specified in the



     statutes.
              i


              »



     If tests confirm that ground water is being affected, in excess of



     National Drinking Water Standards, the use of the facility shall be



     discontinued until complete repairs are made.  Immmediate steps



     shall also be taken by the operator to restore the ground water to



     an acceptable quality.  This restoration must be completed within



     six months, or the State will undertake the restoration at the



     expense of the operator.  This time may be extended by the State



     only if the operator is vigorously attempting to perform the



     restoration and additional time is required by circumstances beyond



     his control.







11.  ACCIDENTAL SPILLS



      Regulations for the Protection of Ground Water







Accidental spills of hazardous materials, whether toxic or merely un-



pleasant, present an imminent possibility of seriously polluting both



surface and ground water supplies.  Since they are "accidental", no



amount of preplanning will completely eliminate these problems.







However, a system which makes those involved responsible for correcting



the resultant damage can do two things.  It can reduce the number of



"accidents", and it can minimize the damage done to the public as a



consequence of accidental spills.
                                 - IV-84 -

-------
                            REGULATIONS








1.   Whenever, because of an accident or other activity or incident,1



     any toxic or taste- and odor-producing substance, or any other



     hazardous substance which is discharged into waters or is so



     placed that it might discharge, flow, be washed, or fall into



     them and which, if in contact with such waters, would endanger



     their use or in any way adversely change the quality of that



     water, it shall be the responsibility of the person or establish-



     ment owning or in charge of such substance or the facility or



     vehicle from which it was discharged, to immediately notify the



     proper State agency, by telephone, of the location and nature of



     such substance, and where reasonably possible to do so, notify all



     potential users of the waters.



2.   In addition to the notices set forth in Regulation 1, such person



     or establishment shall immediately take or cause to be taken all



     necessary steps to prevent injury to property and to users of



     said waters, and to protect said waters from pollution or a danger



     of pollution; and shall within 15 days of the incident remove from



     the ground and from the affected waters, to the extent required by



     the State agency, the residual substances contained thereon or



     therein.



3.   Any oil or oil products; radioactive materials; materials trans-



     ported in large commercial quantities which are very soluble



     acids or bases, cause abnormal growth of organs or organisms, or



     are highly biodegradable, exerting a severe oxygen demand; bio-



     logically accumulative poisons; lethal substances; or any other








                                 - IV-85 -

-------
4.
5.
substance which might cause water pollution or in any way adversely
affect water quality shall be considered hazardous to water quality,
The State agency shall provide a continuous operator service to
handle emergency telephone calls.  Telephone numbers for pertinent
State agencies are listed as follows:
Should additional information or notification be necessary/ re-
gional and national emergency telephone numbers with continuous
service are listed as follow:
       HAZARDOUS MATERIALS   EPA REGIONAL HEADQUARTERS
            Boston, Mass.
            New York,  N. Y.
            Philadelphia, Pa.
            Atlanta, Ga.
            Chicago, 111.
            Dallas, Texas
            Kansas City, Mo.
            Denver, Colo.
            San Francisco, Cal.
            Seattle, Wash.
            FDA POISON CONTROL CENTER
                                   (617) 223-7265
                                   (201) 548-8730
                                   (215) 597-9898
                                   (404) 526-5062
                                   (312) 353-6188
                                   (214) 749-3840
                                   (816) 374-3778
                                   (303) 837-3880
                                   (415) 558-6254
                                   (206) 442-4343
               (202) 963-7512
            CHEMTREC (Chemical Transportation Emergency Center)
               (800) 424-9300
                                  - IV-86 -

-------
            Except Alaska, Hawaii and Washington, D.C.
               (202) 483-7616


6.   All persons, and establishments engaged in an activity which in-
     cludes the impoundment, production, processing, transportation,
     storage, use, application, or disposal of polluting substances
     shall take all necessary measures to prevent such substances from
     reaching natural waters, directly or indirectly, through accident,
     carelessness, maliciousness, hazards of weather, or from any
     other cause.
7.   Any person or establishment engaged or planning to engage in any
     of the activities described in Regulation 6 shall submit to the
     activity and all substances involved, the preventative measures
     which are taken or will be taken to comply with Regulation 6,
     the remedial actions to be initiated in case of accidents, and
     such other information as the State agency may require.
8.   Compliance with these regulations does not affect the civil or
     criminal liability to which said person or establishment may be  '
     subject as a result of such activities or incidents.


12.   HIGHWAY SALTING
       Regulations for the Protection of Ground Water
                              i
                                                                   i
Serious problems have resulted in areas where chemicals have been used
in excessive quantities for the control of ice and snow on highways.
These problems cannot be entirely eliminated without endangering the
                               - IV-87 -

-------
 public safety.   The following regulations will serve to assist in
 minimizing the  pollution problem.


 A specific plan shall be developed for ground water problems caused
 by ice and snow control on streets and highways.   This  plan shall in-
 clude the keeping of specific records on the quantities and rate, and
 frequency of application of chemicals to specific  sections  of roads
 and streets.
W

 As an alternative to the following each state may  wish  to adopt a
 monitoring program for chemical  contamination as part of their Section
 303E Continuing Planning Process.


                             REGULATIONS


 1.   Whenever possible inert abrasives, such as sand, shall be used in
      place of chemicals.  Chemical quantities shall be  the  minimum re-
      quired for safety.
 2.   In areas of heavy application of chemicals, shallow monitoring
      wells shall be established  within 50 feet of  the right of way.
      Samples shall be collected  from each monitoring well and analyzed
      for chemical content at least quarterly.


      Sufficient monitoring wells shall be utilized to define the area
      where the  application of chemicals is occurring.   The  number,  de-
      sign, and  location of monitoring wells shall  be determined as part
      of the plan, and shall be determined by qualified  geological per-


                                 -  IV-88 -

-------
     sonnel, who shall also provide for record keeping of salt loading
     as required.

3.   Where unavoidable chemical pollution occurs the plan shall pro-
     vide for corrective action to be undertaken.  This action may
     include one or more of the following, or any other activity that
     proves effective:
     (a)  cessation of application of chemicals,
     (b)  drainage control to intercept chemicals prior to contact
          with the ground water,
     (c)  pumpage to reduce chemical level,
     (d)  injection of  unpolluted water to flush and dilute chemicals.
4.   If it becomes evident that pollution of ground water is occurring
     as a consequence of highway de-icing, the responsible agency
     shall provide for full public notification of the problem, and
     information as to the proposed course of corrective action.

     This notification shall utilize at least three locally prominent
     newspapers, plus such other local agencies as are necessary to
     make the public aware of the problem.

13.  AIR POLLUTION
      Commentary on Protection of Ground Water

Ground water quality can be affected by air pollution because it is
in effect a form of land spreading of waste — particulate matter falls
to the ground and if water soluble and in sufficient concentrations,

                              - IV-89 -

-------
it may find its way into adjacent ground water supplies.  Regulations

concerning air pollution control are not presented here because there

is no ground water aspect to such regulations that is separate from

regulation for any other purpose.  The states have enacted statutes

and adopted regulations to control air pollution, primarily in response

to the 1970 Amendments to the Federal Clean Air Act, which required

states to meet federal standards.  The Council of State Governments

proposed a model State Air Pollution Control Act in 1973.




14.  DRAINAGE WELLS AND SUMPS

      Regulations for the Protection of Ground Water




Drainage wells are commonly used to drain wet areas, such as swamps

and potholes* by allowing the excess water to flow into underground

storage.  In some regions the word "sump" is used synonymously with

"drainage well".  Elsewhere, however, the term "sump" is used to des-

cribe a dry excavation used to collect spilled materials, such as
                                                                  i
hydrocarbons, as well as surface runoff.  They are also called "dry

wells."




It is probably administratively impossible to regulate domestic sumps,

which contribute but slightly to ground water pollution.  At industrial

and commercial sites, however, sumps may provide a sizeable quantity


and wide variety of pollutants.




A realistic means of controlling ground water pollution from drainage

wells and sumps is by use of permits, bonds, and fines, and making




                              - IV-90 -

-------
the operator liable for damages.  Local geohydrologic conditions,



in conjunction with the type and quantities of wastes that will or



may infiltrate, will dictate the feasibility of permitting sumps



and drainage wells in selected areas.







The collection of storm runoff waters in drainage wells and sumps



presents a special problem that must be examined in the light of



the local hydrologic situation and needs.  During the early part



of a storm, the runoff is generally grossly polluted, but it im-



proves in quality with time as the wastes are flushed away and



diluted.  In many areas it is advantageous to collect the runoff



in various types of structures for two purposes:  (1) to reduce



the potential for flooding, and  (2) to provide ground water recharge.



Whether the early runoff should be allowed to infiltrate is a



question that must be carefully evaluated.  In many situations,



it is much more advantageous to allow it to infiltrate, despite



its chemical and biological nature, than it is to waste it.



   j



These regulations should be supplemented or modified as necessary



to conform with current federal regulations in 40 CFR 146 adopted



pursuant to the Safe Drinking Water Act  (Public Law 93-523) in any



state which has been listed by the Administratpr of the U. S.



Environmental Protection Agency as one for which an underground



injection control program is necessary to assure that underground



injection will not endanger drinking water sources.
                            - IV-91 -

-------
                            REGULATIONS

1.    The construction and use of wells (exclusive of storm runoff
     collection wells)  for drainage of surface water from lands
     into ,the ground shall be prohibited if the chemical, physical,
     biological, or radiological properties of the surface water
     would cause the ground water quality to exceed National Drinking
     Water Standards.
     (Sec. 1421 (d) (2) of the Safe Drinking Water Act would pro-
     hibit injection that "endangers drinking water sources" — i.e.
     that results in the presence of a contaminant in underground
     water which supplies or can reasonably be expected to supply
     any public water system, if "the presence of such contaminant
     may result in such system's not complying with any national
     primary drinking water regulation or may otherwise adversely
     affect the health of persons.")
2.    Every public or private agency or individual using or intending
                            - IV-92 -

-------
     to use, construct, modify, or maintain a drainage well shall
     apply for a permit from the agency.  The permit application shall
     contain a map or aerial photograph of the site at a scale of
     1:24,000; justification for the drainage well; location,  well
     diameter, proposed depth, depth and length of casing, and depth
     and length of screen or perforations; depth of the receiving
     aquifer, its thickness, permeability, and water level; the chemical,
     physical and biological quality of the receiving water and of the
     waters to be discharged; the quantity to be discharged and its
     seasonal variation in quantity and quality; and the location of
     all water supply wells and springs within a	 mile radius of
     the drainage well.
3.   The construction and use of sumps for collection and disposal of
     any type of liquid, semi-liquid, or water soluble solid material,
     exclusive of domestic or household use (and storm runoff), is
     prohibited unless a valid permit has been issued by the agency.
4.   Every public or private agency or individual using or intending to
     use, construct, modify, or maintain a sump shall apply for a permit
     from the agency.  The permit application shall contain a map or
     aerial photograph of the site at a scale of 1:24,000; justification
     for the sump; location, sump diameter, proposed depth, and depth
     and length of casing; depth of receiving strata, receiving strata
     rock type, thickness, permeability, and water level; the chemical,
     physical and biological quality of water in the receiving strata;
     the types and the chemical, physical, and biologic properties of
     all materials that might be flushed into the sump; and the location
                              - IV-93 -

-------
     of all water supply wells and springs within a 	 mile radius
     of the sump.
5.   The term of a permit for a drainage well or sump shall be 	
     year(s), subject to renewal.
6.   Samples of ground water in a number prescribed by the permitting
     agency shall be collected for background information at the pro-
     posed (drainage well) (sump) site and analyzed chemically by a
     qualified laboratory prior to issuance of a permit.  The analysis
     shall include, but not be limited to, identification of specific
     elements, chemicals, and compounds that are present or presumed to
     be present in the water or water soluble material that may flow
     into the structure.
7.   No permit shall be issued that will result in the indigenous
     ground water c/uality exceeding the chemical levels for raw or un-
     treated drinking water supply sources as specified in the National
     Drinking Water Standards, including future additions and modifi-
                                                                      I
     cations.
8.   The permit application shall be accompanied by a proposed plan>
     or alternative plans of action to be followed in the event the
     proposed facility results in ground water pollution.
9.   A monitoring well network may be required at each (drainage well)
     (sump) .   The number and location of monitoring v;ells shall be
     prescribed by the agency, based upon the diameter and storage
     volume of the (drainage well) (sump), and the subsurface hydro-
     logic characteristics'.  The wells shall be located strategically
     to provide maximum information,  but in any case within
                               -  IV-94  -

-------
     feet of the (drainage well) (sump) in the regional downgradient
     direction.
10.  If monitoring wells are required by the agency, samples of ground
     water shall be collected from them at regular intervals, not to
     exceed six months.  Each sample shall be chemically analyzed by
     a qualified laboratory.  The analysis shall include, but not be
     limited to, identification of specific chemicals, elements, and
     compounds that are present or presumed to be present in the water
     or water soluble material that may flow into the (drainage well)
     (sump) as specified in the permit procedure.
11.  If specific chemicals, elements, or compounds known to be present
     or assumed to be present in the water or water soluble material
     that flows into the (drainage well) (sump) appear in the monitor-
     int well samples at concentrations significantly exceeding the
     background concentration in the adjacent ground water, the oper-
     ation shall cease or alternative containment procedures shall be
     initiated.  Within 30 days the owner or operator of the structure
     shall be required to initiate action at his own expense, to return
     the polluted ground water to its original chemical, physical, and
     biological and radiological condition.  The renovation work  shall
     be completed within"a time deemed  appropriate by the agency.
12.  The agency shall order the operator of the (drainage well) (sump)
     to cease and desist until the pollution or cause of pollution is
     eliminated.
13.  Should the (drainage well) (sump) be the cause of any pollution of
     the ground water or significantly alter the natural quality of
     the ground water in such a manner to damage another ground water

                              - IV-95 -

-------
     user, the owner and operator of the (drainage well)  (sump)



     shall be liable to the injured user for damages.



14.   The operator of the (drainage well) (sump) shall make an annual



     report to the agency on the condition of the facility.      «



15.   The permit application shall be accompanied by a performance



     bond, the amount of which is based upon the (drainage well)



     (sump) diameter, the chemical, physical, biologic and radiologic



     quality, and the volume of solutions that will or may flow



     into the structure.



16.   The bond, if forfeited, will be used to restore the site, or, in



     the case of pollution, to restore the ground water to its



     original state.  In the event of forfeiture of bond, the



     operator will not be eligible for future permits.



17.   When the use of a  (drainage well)  (sump) has been terminated,



     it shall be abandoned according to aquifer sealing criteria



     contained in Recommended Water Well Construction Standards



     (see Water Supply Wells, below).



18.   Following abandonment of the  (drainage well)  (sump) and its'



     subsequent plugging, and prior to the release of the bond, the



     site shall be inspected and approved by the agency.







15.   ARTIFICIAL RECHARGE



     Regulations for the Protection of Ground Water







As local ground water overdrafts and sea water intrusion continue to



occur throughout the country, artificial recharge techniques will be-



come more widespread.  The use of artificial recharge techniques are



to be encouraged as long as they are accomplished in a sound




                             - IV-96 -

-------
technological manner, coupled with adequate water management programs.

The most important aspects of artificial recharge that need to be
considered are  (1) control and monitoring of the chemical, biological,
and radiologic  properties of the  recharging water in  order to  insure
that it does not lead to pollution or impairment of the ground water
reservoir, and  (2) control and monitoring of the water level so that
adverse effects do not occur.

Artificial recharge facilities can best be managed by means of permits.
The permit should be issued on the basis of the engineering design and
the quality of the receiving water, the water to be recharged, and a
mixture of the two.  It might also be necessary to predict the chemical
reactions that could occur between the recharging water, the aquifer
framework, and the aquifer fluids.  Since surface water is commonly used
as a source of recharge water, information concerning the seasonal
variations in water quality must be available.

The water level may rise significantly in the vicinity of an area being
artificially recharged.  In many situations, this rise would need to
be carefully monitored and controlled in order to reduce adverse effects
that might occur, such as the formation of new springs, seeps, flowing
wells, and flooded foundations in the vicinity of the site.  Furthermore,
a water level rise could cause polluted ground water, if any existed,
to flow in a new direction leading to deteriorating quality in affected
wells.
                              - IV-97 -

-------
These regulations should be supplemented or modified as necessary



to conform with current federal regulations in 40 CPR 146 adopted



pursuant to the Safe Drinking Water Act (Public Law 93-523) in
                                                               i


any state which has been listed by the Administrator of the U. S.



Environmental Protection Agency as one for which an underground



injection control program is necessary to assure that underground



injection will not endanger drinking water sources.
                            - IV-98 -

-------
                            REGULATIONS

1.   Every public or private agency or individual shall obtain a permit
     prior to engaging in artificial ground water recharge.   The appli-
     cation for a permit shall include a map or aerial photograph of
     the site at a scale of 1:24,000, and describe the techniques and
     methods of artificial recharge, the amount of water proposed to
     be recharged, source of water to be recharged, type of  treatment
     of recharge water proposed, the purpose of the artificial recharge,
     the period of operation of the facility, chemical, biological,
     and physical data concerning the quality of the water to be artifi-
     cially recharged, and the existing quality of the ground water.
     The location of all wells within a 	 mile radius shall be shown
     on a map.  The application shall include a report of reactions
     that may be anticipated due to mixing of the natural and artifi-
     cially recharged water.  The mixed waters shall be of acceptable
     quality for the use intended but they shall not exceed  National
     Drinking Water Standards if the native ground water is  potable.
     All information used to determine the technical feasibility of
     artificial recharge at the proposed site shall be made  available
     to the agency.
2.   Information concerning quality of the water to be recharged and
     receiving waters shall include chemical, physical, biological,
     and radiological data. Chemical analyses and data shall include
     all specific elements, chemicals, and compounds that are or
     might be detrimental to health, including heavy metals  as well
     as those that might impair the quality of the receiving water.

                             - IV-99 -

-------
3.   Quality of water data shall include changes that occur due to
     seasonal variations of the recharge water.
4.   No permit shall be issued that will result in the indigenous
     ground water quality exceeding the chemical levels for raw or
     untreated drinking water supply sources as specified in the
     National Drinking Water Standards, including future additions
     and modifications.
5.   A permit shall not be issued if the agency determines that the,
     information supplied indicates any hazard to the public interest.
6.   Monitoring wells shall be established to measure water levels in
     the ground water reservoir receiving artificial recharge.   Water
     levels shall be measured monthly and reported to the agency.
7.   Monitoring wells shall be established to determine the ground
     water quality in the receiving reservoir.  Water quality data
     shall be submitted to the agency bi-monthly.
8.   At least two monitoring wells shall be placed in the vicinity of
     the artificial recharge system.  The wells shall be at different
     depths, with the shallower well screened in the upper part of the
                                                                   i
     aquifer and the deeper well screened in the lower part of the
     aquifer.  The wells shall be located in a regional hydraulic
     downgradient direction from the recharge facility, but at a dis-
     tance of no more than 	 feet from the recharge well or pit.
9.   Records describing the quantity of water artificially recharged
     each month shall be submitted to the agency annually.
10.  Water artificially recharged to the ground water in any manner
     by any methods shall meet the requirements of the state water
                             - IV-100 -

-------
     quality standards in all respects at the time the recharge water
                                                                  i
     intercepts the ground water.
11.  Water quality data relative to the artificial recharge facility
     shall be submitted to the agency annually.  Water quality data
     shall be collected and analyzed by the operator on a schedule
     established by the agency, but in any case no less than bi-monthly.
     The records shall include the chemical, physical, biological,
     and radiological qualiliy of the water being recharged and the
     chemical, physical, biological, and radiological properties of
     the ground water in the vicinity of the facility that has been
     mixed with the recharging water.
12.  Deterioration of the chemical, physical, biological, or radiological
     quality of the receiving ground water will necessitate either
     the closing of the system or corrective engineering.  The
     degree of deterioration of the ground water reservoir that will
     be permitted will be established by the agency.
13.  The permit application shall be accompanied by a proposed plan or
     alternative plans of action to be followed in the event the
     proposed facility causes ground water pollution.
14.  The owner and operator of the artificial recharge works shall be
     liable for any ground water pollution caused by dissolution of
     any toxic or hazardous material in the soil which are transported
     to the ground water during the process of artificial recharge,
     even though there is no knowledge of the toxic or hazardous
     materials in the soil prior to the recharge.
                            - IV-101 -

-------
16.  DISPOSAL WELLS



      Commentary on the Protection of Ground Water







Many different types of wells, ranging widely in depth, have been used



to dispose of waste materials underground.  These include oil field



formation water return wells, solution mining wells, and industrial



and municipal waste injection wells.  For many years, wells have been



used for the injection of sewage and desalinization plant brine.  Wells



are also used for reinjection of brine originating at geothermal energy



plants.  Radioactive wastes, which are extremely toxic and generate



heat, are pumped underground either as a liquid or mixed with a



cement slurry.







For scores of years, huge quantities of liquid wastes have been in-



jected underground and presently more than a billion gallons a day are



pumped into subsurface strata.  The vast majority of these wastes



consist of oil field brines and, although there have been several



reported cases of fresh ground water pollution caused by their injec-



tion, the techniques are reliable and well established.  Within the



past 30 years, there has been an increasing number of other types of



wastes injected.  The techniques used are similar to the older, more



established oil field brine disposal methods.  The return of an oil



field brine to the original producing zone, however, may differ con-



siderably in hydrodynamics and geochemistry from deep well disposal



of certain other wastes.
                             -  IV-102  -

-------
Within the past ten years, deep well disposal techniques have become
more sophisticated and regulations more demanding.  The number of
industrial disposal wells has also increased significantly in the past
few years — from about ten in 1953 to more than 275 in 1972.  Their
increase is largely due to the recognition by industry that they
represent an attractive and, in most cases, less expensive means of
disposing of highly toxic or noxious liquid waste products.  In addi-
tion, these wastes are believed to be stored in a confined reservoir
system that is far removed from topographic and climatic influences
and in which vertical migration is insignificant.  In many situations,
however, these assumptions have proved to be invalid.

Local ground water pollution problems related to waste disposal through
wells have been reported in Florida, New York, Oregon, Idaho, Ohio, and
elsewhere.  Perhaps the most widespread problem is the gravity feed
injection of raw sewage into relatively shallow wells that tap porous
limestone deposits.  Another potential for pollution occurs in areas
where abandoned and unplugged wells connect the disposal zone with
shallower aquifers.  Pressure injection may cause a considerable rise
of the potentiometric surface.  In Florida, pressure effects spread
out more than 25 miles from the disposal well.  In southeastern Michigan
and adjacent areas in Ontario, several abandoned wells began to flow
highly mineralized or polluted water in response to increases in reser-
voir pressure brought about by deep well disposal.

Well injection of waste materials can modify the ground water flow
system and pressure distribution.  It can also lead to mixing of waters

                             -, IV-103 -

-------
of perhaps vastly differing chemical and physical properties.  Well
injection could also degrade fresh ground water supplies; contaminate
other resources, such as oil, gas, coal, brines, or other minerals;
provide the triggering mechanism for the generation of earthquakes;
and could also lead to adverse chemical reactions between the waste
water and the ground water or between the waste water and the aquifer
framework.

In order to control or prevent pollution of ground water by disposal
wells, a considerable volume of information is required.  Only after
careful and detailed evaluation of the data should a permit be issued.
An evaluation should begin by development and understanding of the
regional hydrologic framework of the disposal zone and adjacent strata.
Information required includes thickness of strata, permeability, areal
extent, fractures, and other geologic features.  Secondly, the local
hydrologic situation should be examined and immediately followed by
an evaluation of the effects of waste fluids on the aquifer framework
and the contained water.  There must be an acceptable compatibility
between any waste fluids and those fluids native to the aquifer.

A permit should require suitable well construction and adequate hydro-
logic testing of the disposal zone during the construction and the
testing phase of disposal well installation.  Aquifer characteristics
and responses to injection, as well as the direction and rate of waste
movement, must also be determined.  Generally, some restrictions on
the operating programs for the wells will be required.  Each site should
have equipment and programs for emergency procedures in the event of

                            - IV-104 -

-------
malfunction, including rapid shutoff, standby, and decontamination
facilities.  Strict guidelines should be established for disposal
well abandonment and plugging.

A waste monitoring system must be carefully maintained and managed.
In most cases, disposal wellhead pressure should be continuously
recorded, with alarm systems and observation wells installed in the
injection zone or in adjacent aquifers.

A great deal of technical knowledge is required to adequately examine
the data in an application for a permit and to determine the feasibility
of well disposal.  For these reasons, among many others, it is more
feasible to issue a permit based on the consensus of several state
agencies such as the state geologist, state health officer, the
director of the state Environmental Protection Agency, Department of
Natural Resources, Water Commission and other appropriate agency.
Each permit must be handled on a case-by-case basis.

Requirements for the installation of a disposal well are contained
in federal regulations adopted under the Safe Drinking Water Act
(P.L. 93-523).  The regulations establish minimum requirements for
state programs in those states listed by the Administrator of the U. S.
Environmental Protection Agency as those for which an underground
injection control program is necessary to assure that underground
injection will not endanger drinking water sources.  Any state
considering adoption or modification of regulations governing this
subject should consult the current regulations under 40 CFR Part 146.

                            - IV-105 -

-------
17.  WATER SUPPLY WELLS

      Regulations for the Protection of Ground Water

                                                                     i

Water well regulations have a dual purpose:  they are intended to

prevent contamination of the water taken from the well for human con-

sumption, and at the same time to prevent pollution of the water re-

source upon which the well depends.  If a well is adequately constructed

and maintained to accomplish the first purpose, which is the emphasis
                                                                   i
of most state regulations, the second will also be likely to be served.

It is when a well is abandoned that the second purpose is likely to

be neglected, since the effect of improperly abandoned wells on the

quality of water in the aquifer usually will not be perceived for

many years.
                            - IV-106 -

-------
Improper construction of a well may consist of improper seals that
permit inflow of highly mineralized or polluted water, or it may con-
sist of casing that is unsufficient in length, corroded, or broken,
thus providing a pathway for entrance of pollutants.  In other cases,
the ennulus or open space between the casing and the outer wall of
the drilled hole may not be properly grouted or there may be no grout
at all.  Wells have also been affected by backfilling the annular space
with polluted fill.  A great number of water supply wells are construc-
ted in low areas that are subject to flooding; highly polluted flood
waters may leak into the well because of inadequate protection.  Any
time a well is constructed or serviced, it should be disinfected.
Improper technique or lack of disinfection has caused severe problems.

Most states have at least some well construction standards, although
authority may be scattered in several agencies.  Well construction
codes range from none to highly sophisticated concepts.  Model standards
need to describe, in considerable detail, a wide variety of geohydro-
logic situations and adequately outline the best technology for each
case.  A report will soon be published by the U. S. EPA that describes,,
in great detail, model water well construction standards.*  The techni-
cal standards of the report describe:
     1.   Test holes and samples
     2.   Well construction
     3.   Well casing selection and installation
	4.   Well grouting	
^Recommended Water Well Construction Standards, National Water Well
Association - U. S. Environmental Protection Agency, 261 pages.
                              - IV-107 -

-------
     5.   Well screens and perforations
     6.   Well filter construction  (artificial)
     7.   Well plumbness and alignment
     8.   Well development
     9.   Well testing for performance
    10.   Well disinfection
    11.   Water samples and analyses
    12.   Permanent and test hole abandonment and temporary capping

It is strongly recommended that state agencies desiring to develop new
or to modify existing water well standards consult the above cited
report when it becomes available.

In addition to specific well construction standards, a number of states
have required drillers to either become registered or to obtain a well
drilling license and file a surety or cash bond in order, to drill water
wells.  The license is issued on the basis of education, drilling
experience, and examination.

The licensee is required to submit to the control agency a well drilling
report and log of each well constructed by him within the State.  A
                                                                    i
driller's license may be revoked for noncompliance or for the submission
of false or erroneous data.                                      •   t   .

Geologic and hydrologic conditions are so varied throughout.the United
States, or for that matter within a single state/ that it would be
impractical to present here a single set of well construction standards

                             -  IV-108  -

-------
adequately describing every condition that may be encountered.  For
this reason only, a few generally broad model regulations are provided.
The reader is also referred to regulations on the abandonment of wells
found elsewhere in this report.

                            REGULATIONS

1.   Every person, prior to construction or modification of a water
     well, shall obtain a permit from the agency.
2.   Every water well shall be constructed in a manner to avoid waste
     and ground Water pollution.
3.   Every water well shall be maintained in & condition and manner so
     as to conserve and protect ground water quality.
4.   Well casing shall be installed in every water well and shall
     extend a minimum of 	 feet above the land surface and to a
     minimum depth of 	 feet below land surface.
5.   Well casing shall be sealed to prevent downward movement of surface
     water in the annular space around the casing and to prevent upward
     movement cf artesian waters that could result in waste or pollution.
6.   Every well shall be disinfected upon completion of construction,
     maintenance, repairs, pump installation, and testing, as pre-
     scribed by the agency.
7.   Every well that flows under natural pressure shall be equipped.
     with a valve that will completely shut off the flow, or the
     well shall be plugged by the methods required for plugging per-
     manently abandoned wells as established by the agency.
                             - IV-109 -

-------
8.   On completion, every water well shall be tested for yield and
     drawdown by the methods prescribed by the agency.  Yield and
     drawdown data shall be submitted 'to the agency within '  .   days
     of completion of the test.
9.   Every well shall be equipped with a usable access port installed
     and maintained to prevent entrance of foreign materials snd to .
     permit ready access for water level measurements.

18.  EXPLORATION HOLES AND ABANDONED WELLS
      Regulations for the Protection of Ground Water

The leakage of contaiminated or highly, mineralized water through long
abandoned wells and unplugged exploration holes has led to insidious
ground water pollution problems.  The greatest share of these problems
was not discovered for years, until wide areas were adversely affected.
In Michigan, for example, thousands of holes were drilled for explor-
ation of oil, gas, and coal resources before the turn of the century.
Over the past 80 - 100 years, leakage of billions of gallons of highly
mineralized solutions through these  open abandoned holes has created
problems that encompass vast areas.  Unquestionably, many other areas
throughout the country have been affected by similar practices.  It
should be pointed out, however, that for the past several years oil and
gas tests and wells must be adequately plugged in order to meet state
regulations.  Leakage of acid mine drainage through ancient oil and
gas wells and other open holes has allowed extensive ground water
                             - IV-110 -

-------
pollution in the coal fields of Pennsylvania and elsewhere in Appa-



lachia - a region where water resources are already greatly stressed



by the discharge of acid waters from the mines.








Since World War II, deep well disposal systems have increased greatly



in popularity and utilization, particularly in industrial regions.



Injecting waste solutions into the underground, however, may tend to



repressure the reservoirs causing the water pressure surface to rise



several tens of feet.  Particularly in Ontario and southeastern Michi-



gan, the increased pressure has caused brine to flow from long abandoned



unplugged oil and gas holes and wells, the locations of many of which



were previously unrecorded and unknown.







In many cases, it is neither technically nor economically feasible to



plug all ancient abandoned wells and exploration holes.  Steps must be



taken, however, to insure that wells and exploration holes drilled or



abandoned in the future will be properly plugged in order to protect



ground water resources and public health as well.







Several techniques could be used to develop some administrative controls



over the drilling of exploration holes.  The simplest and most straight-



forward technique might consist of special drilling licenses and permits



to prospect.  A special driller's license, necessary for all types of



drilling, could be issued by an agency of state government.  The



special license concept is attractive because it is not feasible to



issue permits for all exploration holes, as for example thousands of



seismic shot holes.  Noncompliance with the regulations could be handled





                              T IV-111 -

-------
with a fine or revocation of the driller's special license.  Permits to
prospect could also be required.  A permit could be required to drill a
single exploration hole or a block of holes as in the case of seismic
work.  Special licensing of drillers for this type of drilling would
give the states some control over both drilling and plugging of wells
and exploration holes.

Unsealed abandoned wells and exploration holes constitute a hazard to
public health, safety, and welfare, and to the preservation of the
ground water resource.  The sealing of such wells presents a number
of problems, the character of which depends upon the construction of
the well, the geological formations encountered, and the hydrologic
conditions.

The basic concept of proper sealing of abandoned wells is the restor-
ation, insofar as feasible, of the controlling hydrologic and geo-
logic conditions that existed before the veil was drilled and
constructed.

Any permanently abandoned well should be completely filled in such a
manner that vertical movement of water within the well bore, including
vertical movement of water within the annular space surrounding the
well casing, is effectively and permanently prohibited and the water
is permanently confined to the specific strata in which it was origin-
ally encountered.
                              - IV-112 -

-------
A well should always be checked before it is sealed in order to insure

freedom from obstruction that may interfere with effective sealing oper-

ations.  Removal of casing from some wells may be necessary to assure

placement of an effective seal.  If casings opposite water bearing

zones cannot be readily removed, they should be eplit with a casing

ripper to assure the proper sealing of these water bearing zones.  At

least the upper portion of the casing should be removed to prevent

surface water from entering the water bearing strata by flowing down

the casing.  This operation is not necessary if the annular space

around the outside of the casing was cemented when the well was

completed.



Grout of any type, when used as a sealing material below the water

level in the well, should be placed from the bottom up by methods that

will avoid segregation or dilution of material.



Every effort should be made to disinfect wells prior to abandonment.

Also, all materials, such as water, sand, and gravel to be used in the

abandonment process should be disinfected.



(Detailed well abandonment and plugging techniques are described in

EPA-NWWA Recommended Water Well Construction Standards)
                                                                  !


                            REGULATIONS



1.   Every person intending to drill, bore, or in any manner excavate

     an opening in the earth for the purpose of evaluation of under-


                             -  IV-113 -

-------
     ground resources, including but not limited to metallic and non-
     metallic deposits, oil and gas, coal, water, and brine shall
     apply for a permit from the agency.  The permit application shall
     describe the location of the hole or block of holes, their purpose;
     estimated depth, type and amount of casing, if any, procedures
     proposed for plugging, hole diameter, water level, type, perme-
     ability, thickness and quality of water of any aquifers that will
     or might be penetrated, and emergency containment procedures to
                                                                     *
     be initiated in case of abnormal bore hole fluid or gas pressures.
2.   The term of the permit shall be 	 months, subject to renewal.
3.   The permit application shall be accompanied by a performance bond
     or other surety, the amount of which is based upon the number of
     exploration holes to be constructed, their proposed depth, and
     geologic and hydrologic conditions.
4.   The bond, if forfeited, will be used to restore the site, or in
     the case of pollution, restore the ground water to its original
     state.  In the event of forfeiture of bond, the operator will not
     be eligible for future permits.
5.   Every person who drills a hole, boring, or excavation to be
     used for the exploration for underground resources, including but
     not limited to metallic and nonmetallic deposits, pil and gas^
     coal, water, brines, and engineering properties, must possess a
     valid special drillers license issued by the agency.
6.   The special drillers license may be revoked by the agency for
     failure to comply with a regulation contained in this section.
7.   The owner of an exploratory well, boring, or excavation shall not
     allow leakage that causes ground water pollution.

                              - IV-114 -

-------
 8.   A boring, well,  or  excavation used  for  the  exploration of under-
     ground resources, including but not limited to metallic and non-
     metallic deposits,  oil and gas, water,  and  brines,  shall be ade-
     quately sealed within	 months of its construction.  The method
     of sealing shall be based on the geologic formation penetrated,
     but in such a manner as to prevent  the  exploratory  hole from
     acting as a channel for the migration of mineralized waters into
     potable zones, or the escape of subterranean gases.  A proposal
     for sealing methods shall be submitted  to the agency for approval
     prior to plugging.
 9.   The emplacement  of  grout or sealing  material shall  adequately (shut
     off all permeable formations.
 10.  An abandoned well shall be filled and sealed in accordance with
     the geological formations penetrated, in such a manner as to
     prevent it from  acting as a channel  for pollution,  or the escape
     of subterranean  gases.  A proposal describing the method of seal-
     ing shall be submitted to the agency for approval prior to plugging.
 11.  Abandonment of wells containing subterranean cases  requires
     special precautions and a casing in  such a well shall be sealed
     with neat cement grout or concrete grout.

 19.  OIL AND GAS - ADDITIONAL RECOVERY
      Regulations for the Protection of Ground Water

There are two primary risks for aquifers  related  to  the development
 of oil and gas, and particularly to the  additional recovery
                              -  IV-115  -

-------
of oil and gas.  The most common of these is poor well design or con-
struction, resulting in pollution of the fresh water aquifer by a brine
solution due to casing or grout failure.  The second of these is the
possibility of a change in the natural pressure system causing a leak
or "bleed-through" along a fault or fracture plane forcing brine into
the fresh water aquifer.

These risks can be minimized, if not entirely eliminated by: careful
planning, including good well design, thorough analysis of reservoir
conditions, mapping of all potential fresh water aquifers and aqui-
cludes, and identification of potential fault planes, etc.; good
construction of wells and thorough grouting and sealing of the aquifers
present; monitoring of the fresh water aquifers throughout the period
of the operation to be certain that they are not being polluted; and
a prepared plan of action in the event pollution does occur.

These regulations should be supplemented or modified as necessary
to conform with current federal regulations in 40 CFR 146 adopted
pursuant to the Safe Drinking Water Act (Public Law 93-523) in
any state which has been listed by the Administrator of the U. S.
Environmental Protection Agency as one for which an underground
injection control program is necessary to assure that underground
injection will not endanger drinking water sources.
                            - IV-116 -

-------
                       REGULATIONS

Every person undertaking an additional recovery project for the
production of oil or gas shall obtain a permit from the respon-
sible State agency.                      "*
The permit application shall include a detailed description of
all geologic and hydrologic conditions present, including con-
solidated and unconsolidated deposits, and streams and other
surface features.  The application shall map and describe the
oil and gas reservoir, and all known and potential fresh water
aquifers within one mile of the proposed project.  This map shall
                       - 1V-117 -

-------
     include the locations of all unsealed abandoned wells within
     2,00d feet.  Known and suspected fractures of any nature shall
     be indicated.
3.   No pollution of fresh water aquifers by the secondary recovery
     operation is permitted.
4.   The permit application shall include a complete description of
     casing and grouting procedures that will be observed, the working
     pressures to be used, and shall certify that no pollution of
     fresh water aquifers will occur.
5.   The permit application shall include emergency procedures that
     will be followed in the event pollution does occur.   These shall
     include cessation of operation until the necessary corrections
     are completed.
6.   Each water flood operator shall notify every owner of a fresh
     water well within one mile of the water flood project with regard
     to the nature of the project.  The fresh water well owners shall
     be given, in writing, the address and telephone number of the
     responsible State agency to which they may report if problems
     develop in their water supply wells.
7.   A monitoring program shall be conducted throughout the life of
     the project to verify that pollution of the fresh water aquifers
                                                                   i
     is not occurring.

     A minimum of four monitoring wells, one in each quadrant of the
     project site, shall be established and monitored for each known pr
     potential fresh water aquifer.  The location of each of these wells
     shall be included in the permit application.  Multiple aquifers

                              - IV-118 -

-------
     may be monitored by a single observation well.  If an increase in
     chloride content occurs, the specific zone affected must then be
     determined and corrective action taken.

     These wells shall be sampled weekly for the first two months of
     the project and monthly thereafter.  Samples shall be analyzed
     for chloride content, and such other constituents as may be signi-
     ficant in establishing pollution.                             '

     Additional monitoring wells or sampling frequency may be estab-
     lished by the agency if determined to be necessary for monitoring
     the project.

8.   Upon completion or abandonment of the project all holes shall
     be grouted shut to their full depth.  For minimum grout specifi-
     cations see EPA-NWAA Recommended Well Construction Standards.
9.   The water flood operator shall provide, with the permit appliqa-
     tion, a performance bond in the amount of at least $100,000.00,
     or such additional bond as required by the agency as a consequence
     of the magnitude of the project.
10.   Any violation of the permit conditions or these regulations,
     without full observance of the emergency procedures as submitted
     with the permit application, shall result in forfeiture of bond.
11.   The bond, if forfeited, will be used to restore the site.  In
     the event of forfeiture of bond, the operator will not be eli-
     gible for future permits.
                             - IV-119 -

-------
20.  MINING



      Commentary on Protection of Ground Water








A wide variety of mining techniques are utilized in the United States.



Existing methods, as well as newly emerging techniques, have caused



water pollution problems, particularly of surface water.  In many  '



situations, pollution problems are attributed to on-site mineral pre-



paration plants rather than to the mining process itself.







Mining techniques include underground methods, surface mining, mining



by solution, leaching, and in-situ combustion.  Although techniques



differ widely from one resource to another, underground mining methods



consist of removing ore through some type of opening such as shafts,



drifts; or stopes.   Surface mining includes strip and open pit, auger,



dredging, and hydraulic.  During solution mining, hot fluids are



injected into the deposit, dissolving it and then the pregnant liquid



is withdrawn through wells.  Leaching methods consist of the dissolu-



tion of the ore by solvents, which are distributed over dumps, heaps,



in vats, or undisturbed ore bodies, where it infiltrates.  The enriched



leachate is then collected and processed.  Although used only slightly



in the past, in-situ combustion is being carefully examined as 5 means



for processing oil shale.  In this process the oil shales will be



fractured and then ignited.  The heat will decrease the viscosity of



the hydrocarbons permitting released liquids and gases to migrate to



collection points, such as wells.
                             - IV-120 -

-------
The major water pollution problems in mining regions are due to leakage
of water through the mines, slime ponds, spoil piles, or mill wastes.
The leachate, which consists of highly mineralized, commonly acidic
fluids, may be generated long after the mining operation has ceased.

Mining activities almost always disrupt both the regional and local
ground water flow systems.  Since many mines extend below the water
table, they must be dewatered.  In addition to a substantial decline
of the water level, this may lead to induced infiltration of stream
flow, interaquifer leakage, or flow through open holes.  Water pumped
directly from the mine may also contain large concentrations of dis-
solved solids.  Acid solutions formed by the infiltration of water
through mines and waste and milling piles may lead to the accumulation
of significant concentrations of heavy metals.  During leaching and
solution mining, the reacting fluids may pollute adjacent grcund
water resources.  In-situ combustion has caused great increases in the
dissolved mineral content of adjacent water.  Furthermore, evaporation
of the mine waters leads to increased mineralization.  A relatively
minor problem is caused by wind removing fine particles from tailings,
and  mill wastes that settle out downwind.  Although hot a part of the
mining activity, a future potential source of ground water pollution
looms on the horizon as administrators look to abandoned mines as a
depository for waste products.

Several manuscripts are available that describe methods for controlling
ground water pollution from mining activities.^ Four excellent reports
                               -  IV-121  -

-------
of this type include:
     1.   Processes, procedures and methods to control pollution
          from mining activities, 1973, U. S. EPA Publication,
          EPA-430/9-73-011.
     2.   Rationale and methodology for monitoring ground water
          polluted by mining activities, 1974, U. S. EPA Publication,
               i
          EPA-600/4-74-003.
     3.   Mine drainage manual, 1966, Pennsylvania Department of
          Health.
     4.   Environmental protection in surface mining of coal, 1974,
          U. S. EPA Publication, EPA 670/2-74-093.

Additional guidelines will need to be developed for new mining techni-
ques and areas, such as those in the Great Lignite Fields and the vast
oil shale deposits.

Ground water pollution problems caused by mining activities can be
controlled, at least to some extent, by:
     1.   Existing reclamation laws
     2.   Surface water quality standards
     3.   Air pollution standards
     4.   Holding pond and lagoon regulations
     5.   Wastepile and stockpile regulations
     6.   Abandoned well and exploration hole regulations
     7.   Detailed permit procedures.
                               - IV-122 -

-------
Before a permit is issued to develop a new mining activity, detailed
planning and hydrologic studies should be conducted, including Deter-
mination of the hydrologic framework, flow-patterns, and ground water
quality.  In the past, the ground water phase of the hydrologic cycle
was largely ignored in planning and premining surveys, as well as
subsequently in reclamation.  Permits should also require examination
of potential effects on mining, not only during the premining phase
but also during the operation and following abandonment.  The hydro-
logic data should be used in the design of the mine and the operation
should be based, at least in part, on it.

Ground water quality in mining areas can be monitored by means of wells,
springs, seeps, and streams.  Water levels should be measured.  Moni-
toring of both quality and water levels should be continued throughout
the mining and postmining phases.

21.  GROUND WATER DEVELOPMENT
      Commentary on Protection of Ground Water
       i
The primary problems resulting in ground water pollution due to devel-
opment, or production, of aquifers are caused by (a) poor well con-
struction or condition, resulting in pollution from the surface or
intermining between aquifers;  (b) overdraft, causing local reductions
in head and  "coning" or intrusion of brines or salt water; and (c)
pressure reductions in one artesian aquifer and infiltration from
another of inferior quality.
                              - IV-123 -

-------
The first of these problems is related to well standards, and is
treated in that section of these regulations.

The latter two problems are the direct consequences of production
and can only be prevented by planning and management.  In some in-
stances it may be permissible to accept a certain level of salt water
intrusion, in order to effectively utilize the available ground water
on an economical basis.  In many other instances this is completely
unacceptable, and either reduced draft must be accepted or a barrier
must be established to prevent the salt pollution.

The significant factors here are comprehensive evaluation, planning,
and effective ground water management.  There are no specific regu-
lations that can be enforced that will lead to the type of management
that is required.  Rather, each State wherein this problem exists, or
potentially exists, must establish a comprehensive management plan,
with enabling legislation to permit the State to limit withdrawals,
and establish recharge programs or other management tools in critical
areas, when required.

These requirements are important in coastal areas, but also throughout
large areas of the interior, where shallow aquifers are polluted by
contiguous mineralized deposits.
                             - IV-124 -

-------
                     CHAPTER V






MANPOWER REQUIREMENTS AND IMPLEMENTATION OF A STATE






          GROUND WATER PROTECTION PROGRAM
                         v-1

-------
A.   MANPOWER REQUIREMENTS
     FOR A MODEL STATE
     GROUND WATER PROTECTION PROGRAM

The effective utilization of ground water is attainable only by the
commitment of adequate manpower to prevent/ or at least control, its
pollution.  The regulations, guidelines, and commentary presented in
Chapter IV create manpower demands in five major categories.  These
are:  a) Planning and Coordination b) Permitting and Licensing c) Moni-
toring and Data Collection d) Enforcement and e) Research.

Due to the complexity of the occurrence of ground water, in addition
to the complexity of its physical and chemical nature, its management
can only be attained by persons with specialized knowledge of both its
physical properties and its occurrence.  Expertise is required not
only with respect to the various technical disciplines that are invol-
ved, but also with regard to specific locations.  To illustrate, a
person highly qualified to deal with problems of ground water quality
and quantity in Florida may require substantial new experience before
solving equivalent problems in Montana.  Effective utilization can only
be attained by persons with expertise in the bacteriological and chemr
ical nature of water.

Considerable inter-disciplinary knowledge is thus required, involving
on the one hand geology, hydrology, and geochemistry, and on the other
                              - V-l -

-------
hand civil and sanitary engineering, with health requirements always

being of a high level of importance.



In general it can be stated that the geological sciences are primarily

involved in the occurrence, movement, and management of ground water

resources; the engineering sciences are primarily involved in the util-

ization of ground water resources; the chemical sciences are involved

in the evaluation of water quality; and health sciences have an over-

riding involvement when there :'s a public health issue.  Additional

technological knowledge is required from many other disciplines, such

as: agricultural engineering, particularly with regard to problems re-

lated to fertilizers, pesticides, and feedlot operations; petroleum

engineering with regard to problems related to gas and oil production;

land planning with regard to the protection of critical ground water

recharge areas; and many others.



PERSONNEL REQUIREMENTS
                                                                      \


Table I shows the 21 major activities requiring regulation in order to

protect ground water.  Vertically, at the left of the chart, are plot-

ted the five major work categories, or Manpower Functions, that are

required for each proposed ground water regulatory activity and the

level of expertise that is required.



The manpower requirements identified in Table I are related solely to

the ground water protection program, and are in addition to any other

pollution control effort that may be in effect regarding the proposed




                               - V-2 -

-------
21 Regulated Activities.  For example, many health departments already
effectively regulate septic tank design.  Table I only shows the input
required for protecting ground water, not the many other aspects pf
septic tank regulation.  Not included in the table are requirements
for auxiliary services, such as laboratory services, legal services, ,
and non-professional administrative personnel.  It should also be noted
tftat the manpower identified herein are not adequate to evaluate or
correct old, pre-existing problems, such as those related to abandoned
wells, abandoned mines, etc.; such corrections will require special
programs.

The restriction of Table I to the consideration of ground water should
not be construed as a failure to recognize the relationship of ground
water to surface water nor of its proper perspective regarding the
hydrologic cycle nor the environment as & whole.  These points have
been stressed throughout the earlier chapters of this document.  The
objective of this presentation is to identify the level of effort nec-
essary to raise the present low level of ground water awareness to a'
position commensurate with its actual importance in the national
economy.

The manpower requirements shown are based upon the collective exper-
ience of the task force committee that prepared this manual.  Critical
areas have been verified by comparison with ongoing programs in selec-
ted parts of the country.  They are felt to be sufficiently reliable to
provide a basis for starting or evaluating operations in any state.
Each state must then make specific adjustments for its own conditions.

                               - V-3 -

-------
A state with a high incidence of any particular regulated activity

should acquire greater efficiency than indicated in the table.  On the

other hand, a state investigating its first disposal well will certainly

require more time than is indicated.


An important point to note here, however, is that throughout the pro-

posed regulations the burden of preventing pollution, and project just-

ification, is placed upon the potential polluter.  The state controls

activities by permits and licenses; accumulates knowledge by monitoring,

data collection, and research; protects the public by enforcement; co-

ordinates the activities of ground water with those of other areas of

public interest, and, through planning, attempts to be prepared for the

future activities that will be required.


It. is intended that strict enforcement will be effected by moderately

severe penalties and "spot" checking, thus avoiding the extreme costs

of continuous, close inspection.


AREAS OF TECHNICAL SPECIALIZATION


Table II, constructed on the same basis as Table I, indicates the spec-

ialized expertise that is required in each portion of the Regulated Ac-

tivity/Manpower Function matrix.  Capital letters indicate that inpu,t

from the specific specialty referred to is mandatory.  Lower case indi-

cates that the actual quantity of this input is not considered, but is,

rather left to individual discretion.  This is necessary since the im-

portance of some disciplines, such as health, is often not a function

                                                                    !   i
                               - V-4 -

-------
of time.  In some instances, input from several disciplines is required

with the bulk of the work done by still another.




The intent of Table II is to identify mandatory areas of specialization
                                                                     i
for an adequate program, and to identify auxiliary disciplines that

will prove not only compatible but beneficial.




A description of the general responsibilities of each of the Manpower

Functions follows.  The only significant difference, considered to be

between professional and senior professional personnel, are advanced

academic degrees and experience.  Most governmental agencies have the

mechanics for this differentiation already in effect.




Grouping by function does not indicate an organizational arrangement.

Whether all responsibilities listed under one of the following "func-

tions" are placed in one section or agency will depend upon a state's

agency structure.




Planning and Coordination Function




Responsibilities for planning and coordination include but are not lim-

ited to:

     1.  Identify critical ground water areas.

     2.  Prepare and maintain cround water development and management

         plans.
                                                                i  i
     3.  Encourage technology to prevent ground water pollution and

         rehabilitate polluted, aquifers.




                               - V-5 -

-------
     4.  Consult with persons concerning ground water pollution sources
         end prevention techniques.
     5.  Make recommendations concerning policy and legislation.
     6.  Establish training and educational programs.
     7.  Provide for advisory committees.
     8.  Make recommendations to other agencies for adoption of regu-
         lations affecting ground water.
     9.  Disseminate information.
    10.  Anticipate ground water problems.
    11.  Coordinate activities and personnel with other agencies.
    12.  Investigate and evaluate sites to be used for future ground
         water development.

Positions require a wide range of administrative ability coupled with
both practical and theoretical experience.  It is essential that these
positions be filled by individuals with backgrounds in science and en-
gineering as well as the social sciences.

The professional staff is visualized as consisting of several individ-
uals with specialized fields of expertise but with the ability to grasp
the significance and importance of interrelated specialties.  Duties
                                                »
and fields of expertise of several of the professional staff would over-
lap and complement each other.  A prime duty of this staff is coor-
dination and cooperation with other state, federal, and local agencies.
                               - V-6 -

-------
Permit and License Function

Permit and license personnel examine permit applications and supplemen-
tary data provided by the applicant and the agency staff in order to
approve or disapprove sites or plans for activities 1-3, 7, and 11-20
in Table I.  Responsibilities also include, in consultation with other
personnel in the agency, the development of written examinations re-
quired for the issuance of licenses for persons constructing, drilling,
or plugging wells, or persons involved in the drilling of exploration
holes.

These personnel examine permit applications and supplementary data, in
conjunction with field site investigations, in order to recommend
approval or disapproval of a permit application for activities 1-3, 7,
and 11-20 in Table I.

The professional background of personnel performing this function is
designated in Table II.  However, due to the complexity of the informa-
tion submitted by applicants, each state should take steps to insure
that the person finally approving any application has adequate exper-
ience to make the judgments involved.

Monitoring and Data Collection Function

Responsibilities include the development of data acquisition, storage,
and retrieval systems; and monitoring of water withdrawal and activities
                              - V-7 -

-------
that may lead to ground water pollution.  Also included are data col-
lection and monitoring of potential sites that may later be required
for waste disposal or ground water use activities.  Reports will be pre-
pared at regular intervals and distributed throughout the agency, to
other appropriate state agencies and commissions, and be made available
to the general public.  If a ground water quality problem appears immi-
nent as determined from monitoring activities or by other means, a
report will be submitted immediately to Enforcement personnel for fur-
ther investigation.  It is envisioned that all of the data collected
will be stored in a computer bank for quick retrieval and evaluation.
Furthermore, this function requires digital computer techniques for
hydrologic and water quality modeling.

Individual responsibilities include site investigations for the pur-
poses of locating monitoring wells and data collection points, install-
                                                                     i
ing monitoring systems and providing technical aid to permit applicants
so that other than agency monitoring sites can be located and operated
in such a manner as to provide maximum information.  Agency monitoring
sites and equipment will be operated and maintained by these personnel.

In addition to general administrative duties and general clerical work,
the staff will be responsible for key punching data for computer stor-
age and retrieval.  Computer time must be provided On a pre-defined
time basis.
                               - v-8 -

-------
Enforcement Function

The major responsibilities under this heading are inspection and data
collection in order to require compliance with the terms established in
permitting procedures.  Some of the senior professionals will be re-
quired to possess legal or paralegal training in order to initiate    >
compliance orders, injunctions, and actions.  Coincidental duties in-
clude technical evaluation of data submitted to the agency by the per-
mittee as well as those collected by the agency.  The major responsibil-
ity is to ensure compliance with terms of the permit so that ground
water pollution or ground water withdrawals in excess of allowable
amounts do not occur.  In the event the terms of a permit have been ex-
ceeded, it is the responsibility of the senior professional staff to
initiate action to remedy the offense through consultation, advice, per-
mit modification, or legal action.

This professional staff would also conduct field inspections to insure
that violations do not occur and that inefficiencies are corrected.,
Field investigations will include onsite examination and sample col-
lection.  A knowledge of the techniques of sample collection, storage,
and transportation relative to the rules of evidence are mandatory.

Legal expertise in hydrological problems should be developed on a full-?
time, permanent basis, and work coordinated, in most states, with the
office of the Attorney General.
                               - V-9 -

-------
Research Function



The major responsibilities of the research staff are to investigate
                             i                      I
means for reducing water quality problems, including development of

improved technique? for monitoring, and education.  Responsibilities,
                                                      i
in addition to conducting studies and performing research, include data

collection, information dissemination, consultation, making of recom-

mendations concerning policy and legislation, establishment of training

and educational programs, acting on advisory committees, and soliciting

research.  Research activities, including both pure and applied studies,
            i
should be largely dictated by the activities and needs within the par-

ticular states.  The senior staff will be responsible for evaluating

and establishing priorities of research needs, conducting research, and

directing activities of the professional staff.  The staff will also

have the responsibility of developing and conducting educational short

courses, seminars, and lectures.



Duties include laboratory and field investigation research activities.

The professional staff will be largely responsible for the actual re-

search, which will be directed by the senior staff.  The professional

staff will also be involved in the preparation of educational materials

and reports that will be used in short courses, seminars, and lectures.
                                                                     i
In view of the different fields of expertise among the research profes-

sionals, close cooperation and communication both within the section

and the agency is a necessity.
                               - V-10 -

-------
Duties will include general clerical work, but laboratory and field
technicians, and draftsmen, are essential.

A Ground Water Training Program

Table I attempts to identify the manpower required to address the var-
ious activities that pollute ground water.  These manpower estimates
are generally geared to one million population increments and thus al-
low an extrapolation of the estimates to the needs for a state program
based on its population or, in fact, the needs of the entire country.

Using a figure of 220 million for pppulation of the United States, an
extrapolation of Table I shows a need of approximately 5,250 man years
of effort to adequately permit, license, monitor, collect data and en-
force whatever regulations a state might develop for the 21 activities
that affect ground water.  Recognizing that certain activities are not
universal problems, such as highway salting in southern climates and
landfills in arid climates, and that estimates in this manual may re-
flect a conservative bias toward protection of ground water, an estimate
of 5,000 man years would appear to provide a workable figure to use in
attempting to arrive at some cost estimates for a training program.

If, in fact, 5,000 man years of effort are needed for a nationwide pro-
gram, exclusive of the planning and research functions, it should be
obvious that considerably more than 5,000 individuals with some training
in ground water will be needed.  This is so because, as the next chapter
will indicate, it is expected that the ground water protection program

                               - V-ll -

-------
will be divided among a number of state agencies which also have a wide
variety of non-ground water activities.  It seems reasonable, therefore,
to assume that the average state employee assigned to some ground water
protection activity would spend only half his time in this work cate-
gory.  Thus, to achieve 5,000 man years of input per year, a total of
10,000 individuals must become involved in the national program.  This
would be an average involvement of 200 persons per state.  When one con-
siders that to some extent, county health officials will comprise part
of the manpower for a number of ground water functions, a number of
200 persons per average state does not seem unobtainable from a train-
ing standpoint.

Working from this premise, a basic training program could be developed,
the purpose of which would be to give the 10,000 persons in the above
estimate a familiarity with the nature and occurrence of ground water,
and the problems in protecting its quality, that they do not now pos-
sess.  It is not proposed as a substitute for education of specialists
in the various fields related to ground water protection.  It assumes
that there is a considerable lack of awareness of ground water, its
value, and the effects upon it from various common activities, among
those persons now working in public agencies whose programs relate to
health, natural resources, and the environment.

The training program envisioned would attempt to assure that four "key
men" from each state, regardless of size, would have sufficient training
to enable them to conduct training programs in their states.  These 200
professionals would be trained by means of an intensive two week course

                               - V-12 -

-------
                                                                         .•-* *.
drawing upon the knowledge of the nation's leading ground water experts.
In order to establish the necessary close rapport of a workshop training
program, a limit of 50 students should be enrolled in each two week
training program — thus four•such programs would be needed.  These
could be held in four regions of the country and keyed to the problems
peculiar to the region.
                                                       ''   '   '
Those chosen for the regional two week training programs would be ex-
pected to have college degrees in scientific disciplines broadly related
to ground water geology or hydrology.  Such related disciplines as Agri-
cultura3f Engineering, Civil or Sanitary Engineering, Petroleum Engi-
neering, or Soil Science  (dee Table XI) would supply individuals with
the basic training to grasp the specialized concepts of ground water
protection technology which wpuJLd be taught.  These people would most
likely be individuals in existing programs of Health, Environmental Pro-
tection, or Natural Resource Conservation who have shown particular
promise as leaders, planners, and perhaps educators.
                                  . •      -i •      .  •
It is estimated that a curriculum development project for such an inten-
sive course would cost approximately $30,000.  Included in this cost
would be the development of variable one week course curricula which
those trained in the regional courses could in turn offer to appropriate
personnel in their states.  Instruction on how to present their own ed-
ucational programs would be included in the regional two week program.
Eaph two week program for 50 students is estimated to cost $85,625 as
shown in Budget Schedule I for a total cost of $30,000 + 4 x $85,625 =
$372,500 for these "key man" programs.

                               - V-13 -

-------
It is anticipated that the graduates of these regional courses will
establish education programs in their own states for an average, per
state, of 200 individuals with some responsibility for protecting
ground water resources.  Budget Schedule II shows a projected budget
for a sample state training program for 200 public employees to be
$87,700 with the bulk of the costs covering travel, room, board and
materials.

Nationally, this training effort by the states could be underwritten
at a cost of 50 x $87,700, or $4,385,000.  Adding the cost of regional
"key man" courses, the total would be about $4.75.million.

It should again be emphasized that the student-state employees included
in these training courses are not neophytes in state environmental
protection programs.  They would each be expected to have the back-
ground education identified in Table II and be actively engaged in some
related facet of the work through their state Environmental Protection
Agency, or Department of Health, Natural Resources, Geological Survey,
etc.

As an additional aid in establishing a viable state ground water pro-
                                                   •                i
tection program, states might consider establishing voluntary short
course programs for individuals not directly involved with ground water
cases but who are peripheral to it.  Legislators, municipal officials,
supervisors, attorneys, and others who become involved in decisions
that affect ground water could be invited to training courses designed
specifically for non-ground water personnel.

                               - V-14 -

-------
                           BUDGET SCHEDULE I

                 REGIONAL "KEY MAN" TWO WEEK TRAINING

                        COURSES ON GROUND WATER
Personnel
                    Total  (all regions)         $372,500


                              - V-15 -
Principal school administrator - 1 month                   * ^ noo
Junior school administrator -2 months
Secretary - 2 months
Permanent Faculty (5 man task force)
  50 man days @ $250/day
Guest expert lectures
  (5 people, 2 days each @ $250/day)


Travel

50 students air fare and ground transportation              15,000
  @ $300/each
50 students per diem 14 days each @ $44/day                  ?'?no
5 guest experts air fare and ground transportation            ' 50°
  6 $300/each               ,
5 guest experts per diem 2 days each @ $44/day


Materials

Books, manuals and reference books                          10,000
  $200/student x 50
Audio-visual equipment rental
General office supplies for workshop planning


Support Cost

Telephone
Postage                                                      1 000
Meeting facility                                             1>uuu

                                     Direct Costs          $83,140

Indirect costs (35% of inhouse personnel-$7,100)             2,485

                                     PER REGION            $85,625


                    Four regions: 4 x $85,625 = $342,500
                    Plus curriculum development:  ^A

-------
                           BUDGET SCHEDULE II

             SAMPLE STATE TRAINING PROGRAM ON GROUND WATER



             Average of approximately 200 people per state
200 students @ $100 travel                                  $20,000
Subsistance @ $40/day for 5 days                             40,000
Facility free at state university
Training materials $100/student                              20,000
Faculty 4 state experts who attended
  regional 2 week program; travel
  and subsistance @ $300/eacti                                 1,200
Guest lectures - 5 @ $250/day - 2 days                        2,500
Guest lecturer travel plus per diem                           2,000
  5 x $400/each
Audio-visual                                                  2,000
                                  PER STATE                 $87,700
    Total for all states:  50 x $87,700 = $4,385,000,
                               - V-16 -

-------
B.  IMPLEMENTATION OF PROGRAM

The requirements for implementation of the regulations and statutory
provisions proposed herein will vary widely from state to state.  Ena-
bling legislation, such as is proposed, is already in effect in some
states, as are many of the proposed regulations.  However, even states
with strong current programs may be benefited by evaluation of their
existing structure and operation in view of the recommendations in this
presentation.

The proposed statutory provisions are written in such a manner that a
state with no existing program could adopt them in their entirety.  On
the other hand, it is anticipated that most often the proposed opera-
tions will be integrated into the existing state administrative struc-
ture without the formation of a new "super agency" directed specifical-
ly toward ground water.  In either event it is imperative that ground
water be given well defined, specific stature in on-going programs and
that its protection and management be given priority commensurate with
its importance as a resource.

Perhaps the best way to provide this emphasis, in many states, is by
accentuating the planning and coordination function.  This will be es-
pecially important in instances where the other functions of permitting,
monitoring, and enforcement are diffused through several agencies.  By
concentrating the planning and coordination effort, and by giving it
adequate administrative stature, it can assure that the other manpower
functions  (Table I) are properly conducted even though diffused.

                          T V-17 -

-------
Ideally, at least superficially, it appears that all manpower functions
related to ground water should be concentrated in a single state agency.
While this has obvious administrative advantages, it would likely be a
technological blunder in many states.  The regulations proposed herein
recommend that permit or license procedures be instigated, or continued,
in 15 of the 21 proposed Regulated Activities (Table I).  Some of these
are already permitted or licensed activities in many states, although
it is doubtful that any state currently operates all of the recommended
programs.  While the importance of ground water historically has been
neglected, and ground water should now be given a top priority in regu-
latory activity, it cannot be considered an overriding concern in every
instance.  All technological, economic, and social factors should be
considered in the administration of the regulated activities being con-
sidered.  This manual stresses the priority that should be given ground
water, and its importance as a resource.  It is imperative that it be
given either special agency stature or strong technological, economic,
and social consideration within existing agencies.

A very basic point that deserves special emphasis here is that it is
difficult to administer the activities of permitting, monitoring, and
enforcement in the same agency with research.  Probably the primary
reason for this administrative incompatibility is psychological.  Never-
theless, in practice either the research function or the other functions
tend to compete and the end result is over-balance in one direction or
the other, or apathy.  It is, therefore, recommended that research be
implemented in a separate state agency.  Often this will be best per-
formed through state universities, state departments of natural

                          - V-18 -

-------
resources, and combined state/federal programs, but in any event specific
and adequate funding should be directed to this activity.

In any state where there is no single agency responsibility for ground
water management, utilization, and protection, the activities included
under the Planning and Coordination function  (Table I) become of extra-
ordinary importance.  Otherwise there will be permits issued or denied
without reasonable basis, data collected without specific objectives,
planning without implementation, and so on.

Where manpower functions indicated in Table I are quite thoroughly dif-
fused throughout the governmental structure it may be necessary for the
legislature to give some special legislative "muscle" to the planning
and coordination function in order to attain the objectives of the
ground water program.

Illustration of Ground Water Activities in a State
Organization, Using the Personnel Table

The following illustration shows how ground water functions of a typical
state organization may appear on the table of Regulated Activities and
Manpower Functions.  Tables III, IV, and V show a typical organizational
structure of the three state agencies usually charged with the responsi-
bility for water related programs — an Environmental Protection Agency,
a Department of Health, and a Department of Natural Resources.  These
tables are not intended as models, but simply as illustrations of
fairly common types of state organizations.

                            - V-19 -

-------
Table VI, which is a modification of Table I, shows, by texture, the
portions of the Regulated Activities vs. Manpower Function matrix that
are actually dealt with by the existing agency structure.  Those activ-
ities performed by the EPA are a light dot pattern  (     ), those of
the Department of Health are a blotch pattern ( MS&! ) , and those of
Natural Resources are a dark dot pattern (     ).

The specific department, unit, section, or division doing the work is
identified by a matrix designation at the appropriate place in the
responsible agency organizational chart.  Thus the ground water pro-
tection responsibility for the permitting of a sanitary landfill, matrix
designation B-l, is found under the Water Permits Section of the chart
in Table III; similarly, the data collection for water supply wells,
C-18 on the chart, is found in the Department of Natural Resources
under Division of Geological Survey in Table V; etc.

A person familiar with the details of actual agency authority and
operation in a state might fill in additional squares.  For instance,
ground water aspects of animal feedlots, sludge disposal, holding ponds
and lagoons, and drainage wells and sumps might in fact be regulated
under general provisions of the state's water pollution control law, at
least to some degree.  In the example, disposal wells, oil and gas op-
erations, and mining regulatory functions undoubtedly cover some ground
water protection activities not shown in the table.  The illustration
is intended only to show how the table might be used as a device to
"inventory" state ground water activities.  Each state, through an
analysis of its own agency responsibilities in this manner, can

                            - V-20 -

-------
identify its own specific areas of inadequacy in providing regulation



and personnel for the protection of ground water.
                            - V-21 -

-------
                                                                                                               PERSONNEL     REQUIREMENTS     FOR    A     IV
                                                                                                                          GROUND    WATER     PROTECTION      PI
Peculated Activities
Manpower Function
A^PLANNING S COORDINATION.
SENIOR PROFESSIONAL
PROFESSIONAL
CLERICAL

B.-PERMITS a LICENSES.
SENIOR PROFESSIONAL
PROFESSIONAL
CLERICAL

C.- MONITORING 8 DATA COLLECTION.
SENIOR PROFESSIONAL
PROFESSIONAL
CLERICAL

Q-ENFORCEMENT.
SENIOR PROFESSIONAL
PROFESSIONAL
CLERICAL

E.- RESEARCH.
SENIOR PROFESSIONAL
PROFESSIONAL
CLERICAL

F- SUBTOTALS OF 'B.'/C! a 'D!
SENIOR PROFESSIONAL
PROFESSIONAL
CLERICAL
KB -- Han Days.
M.Yr. - Man Year (=24OMJ).)
" Scientific Notation do'f;
1. 2
LANDFILLS, t WASTEPILES
DUMPS a a
EXCAVATIONS STOCKPILES



5OMD.//OePop., 5M.D./25piles
1 M.Yr. /IO" Pop' 5OM.D./25 piles
2OM.D./K>ePop. 1 IOM.a/25 piles


5OM.D.//O°Pop. I 5 M.D/Z5 piles
IMM/K)e Pop." ' 5 M.D/25 piles
2OM.D./K)6 Pop. IOM.D./Z5 piles


IOOMDSK>" Pop.
IM»SKf Pop. *
ZOOMD/K>e Pop.







200MD/K>e Pop.
3MYr./IOePop*
1 MYr./IO1 'Pop.

3 45 6 7 8
FFFTimrs FERTILIZER PESTICIDES ^S^I^ 8 cL^wr
rtEDLOTS SPILLS EFFLUENTS SALTING


IOMD. /2OO lots
SOM.DS2OO lots
IOM.O/ZOO lots

9
SURFACE
WATER
IO
AIR
POLLUTION
II 12
HOLDING SEPTIC
PONDS 8
LAGOONS TANKS

Z Man-years, total, for all Zl Regulated Activities.
5 Man -years for States up to Z million population. Increase 33% per million in exc\
2 Man -years do Z 'do do ( ' do
-O- -O- -O- SOM.D/IO" Pop. -O- -O- -O- 5 M.DS 25 units IOOM&/IO* units. 21*
-O- -O- -O- IZOM£l/IOePop. -O- -O- -O- 5OMJ3./2S units SOOM.Oi/IOi units SM
-0- -0- - -0- 20 M.D./IO6 Pop. -0- --0- -0- 2 M.DS25 units IOOM.DSIO3 units ' 5IH

	 j-
CM£L /ZOO lots \IOMD. /id1 mi' IO M.D./lo'mi' 2MD./IOePop. SO M.D./K3S Pop. IO M.D/ lO* Pop,
SOM.O/200lors\SOM.D/l04mi! 3OM.D./K}' mi* 5 M.O. / IO6 Pop. 5OM.D./K>e Pop. 3OMD./K>e Pop.
IO M.D./2OO lots SOM.DSIO* mi.' 2OM&/IO* m'.' 5 M.D./IO" Pop. OOM.D./IOe Pop. ZOM.OSlO* Pop.


IOM.O./25 piles
2O M.D./25 piles
2O M&./25 piles
10 M.D./ ZOO tots
50 MA/ZOO lots
/OM.D./2OOIOIS







\
j
2OM.D./25 piles
30M.D./ZOO lots
75 M.D/25 piles \5OMD/2OOIots
«O MA/ 25 piles
30M.D./20O lots
1
* QR per ZOO population centers
between SO and IO,OOO people.
** No additional manpower required beyond
\ •
ZOMD./K)'' mi' ,^2C M.D./ro' mi' 5 MDS/Oe Pop. ' lOOMJVO* Pop. 5 MJ)/IOS Pop.
2ZMD./IO3 mi' \ 2 M.a/IC-' *:* 4OMJ}./IOe Pop. /.5«»//O* Pop ." 3O M.D. /IOe Pop.
4OMa/K>" mi? '..4C M.DSK>' mi.1 S M.D./K)e Pop. 1 M»./IOe Pop. 5 M.DSIO6 Pop.
j (

3OM.6./IOePoR. 2UD./IOepoo 5 M.u.,' 25 units X'M.D./K'units 2M.
3OM.O/IOePop. ' 5M.D./IO6 Pop. 5 MJ3./25 units ZSM.O./lo'umts ' 5M,
lOMD./lo' Pop. 5 M.D./IOe Pop. IOOM.D./unit IZ5M.O./IO' units 5 M.
-O-
IOM.D./IO' Pop.
-o-
! ' f Man -years for States up to
: ' 5 Man -years
• S Man -years
,
1 ...
! i
i
3OMJD.//O4 mi' 3OM.D./IO4 mi''. 7M.D/IOe Pop. \20OM.D//OS Pop. \I5M.D./IOS Pop.
5Z2MO/IO3 mi." 32nta/K>* mi*\45MD//O6 Pop. teSOMA/IO* Pop. ' 6OM.O//Oe Pop.
9OM.D//04 mi.' eOMO/10' mi.' IO M.D./IO6 Pop. ,1.5 M.Yr. //0s Pop' 2SM.D./IO6 Pop.
do
do
. . ..
3OM.D.//O1 Pop.
4OM.D./IO' Pop.
IO MD./IOe Pop.
-o-
SM.D./KfPop.
' million populol
' do do
'do do
-
2 M.D./K>'pop.
IO M.D. /10s Pop.
SMH//O" Pop.
IOM.D./25 units . SO MD./K* units
IM3Tr./25O units 25 MD.//O* units
IMYr./25O units IZ5M.D./K>'umts
on. Increase J3% per million
SMI
5M.L
in e*
' < J #
• ' - ., f
i
1
1
ZOM.D/25 units ( IIOMDl/lo'units
79M.D/25units \505»U2/X>* units
1. 15 MYr./25 units \l35M.D./IOi 'units
9MG
5OMJ.
NOTE: ALL ACTIVITIES ARE HIGHLY VARIABLE THROUGHOUT THE NATION. THESE MANPOWER ESTIMATES WILL DEPEND
IO3-10*10*10= IOOO, similarly,
 6- IOOO,OOO(one million)
that designated in other activities.
                          V-AA
WHICH MUST BE MODIFIED  TO SUIT THE NEEDS OF EACH INDIVIDUAL APPLICATION.  THESE ESTIMATES ARE BASED ON.
OTHER ASPECTS OF POLLUTION CONTROL.    MANPOWER  REQUIREMENTS  ARE BASED UPON CURRENT ACTIVITIES

-------
                PERSONNEL    REQUIREMENTS     FOR    A    MODEL    STATE
                           GROUND    WATER     PROTECTION     PROGRAM
                                                                                                                                                                                                        TABLE   I.
MAN POWER

6
ACCIDENTAL
SPILLS

7
SLUDGES
a
EFFLUENTS

8
HIGHWAY
SALTING

9
SURFACE
WATER

IO
AIR
POLLUTION

1 1
HOLDING
PONDS a
LAGOONS

12
SEPTIC
TANKS

13
STORAGE
TANKS 8
LINES

14
DRAINAGE
WELLS 8
SUMPS

15
ARTIFICIAL
RECHARGE

16
DISPOS/H.
WELLS-
I
i '7
OIL 8 GAS,
, SECONDARY
RECOVERY

18
WATER
SUPPLY
WELLS

19
EXPLORATIVE
a ABANDONED
HOLES

20
MINING

21
GROUND
WATER
DEVELOPMENT
                                          2 Man-years,  total,  for all  21 Regulated Activities.
                           5  Man-years for States up to 2 million population*  Increase 33% per million in excess of 2 m ft lion population,
                           2 Man -years      do       2  do    do     (                           do                        )
-0-
-o-
-0-
2M.D./IOePop.
5M.D./IO6 Pop.
5M.D./IO' Pop.

SMDSIO* Pop.
4OM.D./IO6 Pop.
5 M.D./IOe Pop.



r 	
• •
7M.D./IOS Pop.
45 Ma/K>e Pop.
5OM.CL/I06 Pop. -0-
IZOMD/to'Pop. -0-
2OM.D./I06 Pop. -O-
5OM.D./tOePop. OM.O./IO" Pop.
SOHO./to'Pap. 3OMJ)./K>6 Pap*
nOM.D./Kl' Pop. 2OM.OSIO6 Pop.
KXJMJ3/IOe Pop. 5 M.O./IO6 Pop..
/.SMX//O" Pop.' 3OM.o/nePop.
1 M#./IO* Pop. -5 MO.//Oe Pop.
t Man -years t
• S Man -years
	 — - - -T
f Man -years

ZOOM.D/IOe Pop. \I5M.D./IO° Pop.
53OM.D./Kf Pop. \6OMM/X3e Pop.
IOM&/IOiPop\l.5M.Yr./IOfPop^25MJ>./IOePop.
\
-O-
-0-
-0-
SOM.D./lo'pop.
3OM.DSIO°Pop.
IOM.D./IO' Pop.
IOMJD./IO' Pop.
-o-
vr States up to ,
do
do

- -- 	
30M.D./I06 Pop.
4OM.D./IOe Pop,
IOMD./IOfPop.

-0-
-O-
-o-
ZM.D./IO°Pop.
5 M.D./IO" Pop.
SM.D./IO" POP.
-o-
5M.D./K)* Pop.
.
-o-
5 MO/2S units IOO MJl/IO3 units '2 M. a/io'fop.
5OMD./25 units SOOMO//O* units SM.D. /IOe Pop.
2 M.O/25 units IOOMO//O3 units SM.a/Kf Pop.
S MA/ 25 units SOM.D./10'units 2IM. D./lo" Pop.
5 M.D./25 units Z5M.D./IO*umts 5 MJ)./IOS Pop.
IOOM.D./unit I25MO/IC4 units 5 HO./IO6 Pop.
IOM.D./25 units i SOUD/tO* units SMO/lo" fop.
IM.Yk/25O units' 25MM/IO* units 4OKO/>OS Pop.
IMfr./25O units 1 25 MjD./K>* units 5M.D./IOe Pop.
\
9 million population. Increase 33% per million] in excess of 2
? do do
'do do
	
2 U.O./K>"Pop.
K)M.a/ioePop.
5 MD/K? Pop. 1

• ' \ • k. ' .
. I do
t (
2O MJD./ 25 units t IIOM.D/10" 'units. 9MD//Oe Pop.
79 M.O/Z5 units ^SOSMO/Kl' units ] 5OM.D/Kf Pop.
l.l5MYr./25units \I35M.D./1O3 units \ ISM.O./IO* Pop.
, ... L_
inta/io' Pop.
5MJD./IO6 Pop.
SM.D.//OePop.
2M.D./K>' Pop.
SM.D./IOe Pop.
5MD/IOe Pop.
O MR/tO* Pop.
20MA/IO6 Pop.
IOM.D/IO6 Pop.
2 M.D. /system
IOM.D. /system
2 M.D./system
1 M.D./system
2M.D./system
1 M.D./system
1 M.D. /system
2 M.D /system
1 M.D./ system
million populatfyn.

/4 N.D./IO* Pop.
3OM.O./IO6 'Pop.
2OM.DSK>S Pop.

'
.. ....
4 MO./ 'system
14 M.D./ system*
4 M.D./system

6M.D/Z wells
30M.D./2 wells
2MD./Zwells
2MD./Z wells
4MJ3./2 wells
1 M.D./2 wells
2MJD./2 wells
4M.D./2wells
IMJ3./Z wells







IOM.0/2 wells
38 MCI/Z wells
4 MJ3./2 wills

2 M.O./5proi.fyr.JOOMU/IO- 'wells
2M&/5proi./yr. \KX)MD/1O3 wells
2M.a/5pnj.fyr.
lOM.O./Sproj.fyr.
ZM.DS5projSyr.
	

5 MJl/a" wells
Z5M.DSIO4wells\
I2SMD./K* wells

ZMJD/SproiAr- \ 5MDSK/1 welts
IZM.D^pnj./yr , 2SMD^K>'1 wells
ZM.D./5proj./yr. \I25MJ>SIO4 wells






6M.a/5pmJ./yr.
Z7MJ3./Sproj./yr.
6M.O./Sproj./yr.








lOIM.D./ia'wells
Z55MJ1/IO3 wells
l35M.D./IO3we/ls
T
IOM.O/ IOO units
2OMJO./IOO units
2OM.D/IOO units

2M.O/K>Ounits
2O MU/IOO units
IOM.a/IOOunits
4 M.d/IOmines (see R.A. 181**
ZOMJ1/IO mines (see R.A. 18)"
4 M.D./Omines (see R.A. 181"


2 M.D./IO mines 2MD./3OOwells
ICMJD./IO mines K>M.O./30Owells
Z M.D./V mines 0M.OS3OOwells

S MM/IOOunrts
2OH.D./IOOunirs
IOM.D./K3O units
1 HU3./IO mines
SMO/IO mines
t MA/tO mines





1


i
• i . . _
I7M.DSIOO units
6OMa/tOOunits
4OMJ3./IOO units

7M.D/IOmines
35 MO.//0 mines
7M.O/IOmines


SMO./3OO welts
2SMM/300 wells
tOMOSSOOwells







7MJ)S300wells
35MO/300 we/Is
20M&/3OOwells

ACTIVITIES ARE HIGHLY VARIABLE  THROUGHOUT THE  NATION.    THESE MANPOWER ESTIMATES WILL  DEPEND  UPON RAINFALL,  GENERAL  SOIL  TYPES,  ACTIVITY.  LAND USE, ETC.   THE ABOVE FIGURES  ARE  MERELY GENERALIZED  GUIDELINES
H MUST BE MODIFIED TO SUIT THE NEEDS OF EACH INDIVIDUAL APPLICATION.  THESE ESTIMATES ARE BASED ONLY UPON THE REQUIREMENTS FOR  THE UTILIZATION OF THE PROPOSED GROUND WATER REGULATIONS, AND ARE IN ADDITION TO
ft ASPECTS  OF POLLUTION CONTROL.   MANPOWER  REQUIREMENTS  ARE BASED UPON CURRENT ACTIVITIES  ONLY,  REQUIREMENTS  FOR  PRE-EXISTING PROBLEMS ARE  NOT  INCLUDED.                                          • -~  -

-------
                                      PERSONNEL    REQUIREMENTS     FOR   A    MO(
                                                GROUND   WATER    PROTECTION    PRO
V Reautated Activities
^ 	 _jf^
Manpower Function ^^~~~^
A.-PLANNING 8 COORDINATION^
SENIOR PROFESSIONAL
PROFESSIONAL

CLERICAL

B^PERMITS a LICENSES.
SENIOR PROFESSIONAL
PROFESSIONAL
CLERICAL

C.- MONITORING a DATA COLLECTION.
SENIOR PROFESSIONAL
PROFESSIONAL
CLERICAL

Q- EN FORCE ME NT.
SENIOR PROFESSIONAL
PROFESSIONAL
CLERICAL

E.-RESEARCH.
SENIOR PROFESSIONAL
DRAFF QQ IftMAl
CLERICAL \

1.

LANDFILLS,
DUMPS a
EXCAVATIONS

_





eGHIsm




CeGhlsm




eGhlsb






2

WASTE PILES
a
STOCKPILES







eGHIm




CeGhlsm




oeGhsb






3

ANIMAL
FEEDLOTS







AGh




ACeGhls




AeGhb






4

FERTILIZER







AGhS




ACeGhls



-------
PERSONNEL   REQUIREMENTS   FOR   A   MODEL  STATE
       GROUND  WATER   PROTECTION   PROGRAM
                                                                                                                         TABLE IL
PROFESSIONAL QUALIFICATIONS
6
JCIDENTAL
SPILLS
7
SLUDGES
a
EFFLUENTS

8
HIGHWAY
SALTING

9
SURFACE
WATER
IO
AIR
POLLUTION
I
I
1 1
HOLDING
PONDS a
LAGOONS
ace G Is
12
SEPTIC
TANKS
I
13
STORAGE
TANKS a
LINES

14
DRAINAGE
WELLS a
SUMPS
15
ARTIFICIAL
RECHARGE

16
DISPOSAL
WELLS

17
OIL a GAS,
SECONDARY
RECOVERY

18
WATER
SUPPLY
WELLS

19
EXPLORATIVE
a ABANDONED
HOLES

2O
MINING

21
GROUND
WATER
DEVELOPMENT

/








eGhlsm




aeGhsb






aeGHISm




CeGhlsm




oeGhlsb






a Gs




CeGh




Gb






eGhl




CGh




eGhb






G




CGh




Ghb






aeGHIsm




CeGhsm




aeGhsb






ae GHIS




CeGhs




eGhlsb






eG Hm




CG h m




eGhb






Gh




CGhls




Ghb






a Ghls




CGhp




eGhlsb






Gh pm




CGpm




Ghpmb






Gp




CGH




Gpb






eGH




CG




GHeb





G




CG




Gb






G




CG




Gb






G




CG




Gb




1 1 1 1 1 1

'enote optional, but often beneficial, skill input. A/r
-------
                     DEPUTY DIRECTOR
                        OFFICE OF
                         POLICY
                      DEVELOPMENT
                                                                                   Exomple of o  common  existing Stole E.P.A. Orgonizotion  Structure.
                                                                                   (Not intended to be used as as a model),  showing where the regulated
                                                                                   activities  in  table "21 are being performed.
                                                                                                                                  OMBUDSMAN
RESOURCE PLANNING A
CONTRACT UMWGEttENT
     SECTiON
  ENVIRONMENTAL
   ASSESSMENT
     SECTION
 SOFTWARE
DEVELOPMENT
  SECTION
                                             BfttSiQKOF
LOCAL
SECTION
FEDERAL SECTION
STATE
SECTION
                                                                                        OFFICE OF
                                                                                       MANAGEMENT
                                                                                        ANALYSIS
                                                                                   DEPUTY DIRECTOR
                                                                                      OFFICE OF
                                                                                     REGULATION
                                                                  DIVISION OF
                                                                  FINANCE AND
                                                                ADMINISTRATION
FISCAL
SECTION
PERSONNEL
 SECTION
                                                                DIVISION OF
                                                             WASTE MANAGEMENT
                                                             AND ENGINEERING
                                                                                       DIVISION OF
                                                                                      AUTHORIZATION
                                                                                     AND COMPLIANCE
                                                                                                                                                   CD

-------
                                                                                  TABLE  ET
Exomple of o common  exi«tinq  Stote Deportment of HEALTH  Orgonizotion Structure.
(Not intended  to be used at a model), showing where the regulated activities in table 3ZI are being performed.
                                          GOVERNOR

BOARDS
PUBLIC HEALTH COUNCIL
WATER POLLUTION
AIR POLLUTION
EXAMINERS OF NURSING HOME ADMINISTRATORS
HEARING AID DEALERS AND FITTERS LICENSING

1
BUREAU OF
GENERAL
SERVICES
1

DIVISION OF
ADMINISTRATION

DIVISION OF
LEGAL
SERVICES

DIVISION OF
MEDICAL
FACILITIES

DIVISION OF
V 1 TAL
STATISTICS


mm
mm
mm
mm


1
BUREAU OF
PREVENTIVE
MEDICINE
|

DIVISION OF
CHRONIC
DESEASES

DIVISION OF
COMMUNICABLE
DESEASES

DIVISION OF
MATERNAL AND
CHILD HEALTH

DIVISION OF
DENTAL
HYGIENE

DIVISION OF
TUBERCULOSIS

mm
mm
mm
mm
mm

DIRECTOR
OF
HEALTH








OFFICES
COMPREHENSIVE HEALTH PLANNING
HEALTH INSURANCE BENEFITS PROGRAM
NURSING HOME PROGRAM

1
BUREAU OF
ENVIRONMENTAL
HEALTH


BUREAU OF
LOCAL HEALTH
SERVICES
1

DIVISION OF
ENGINEERING
-
DIVISION OF
NURSING

DIVISION OF
OCCUPATIONAL
HEALTH
-
DIVISION OF
PUBLIC HEALTH
EDUCATION

DIVISION OF
SANITATION
-1

•' 6lV&Wfc6f V
• M>CAL*W&!»
,- ' *"',* , :'

DIVISION OF
NUTRITION


••
mm
mm
mm

1
BUREAU OF
PUBLIC HEALTH
LABORATORIES
\

DIVISION OF
PUBLIC HEALTH
LABORATORIES

NORTHEAST
LABORATORIES

SOUTHEAST
LABORATORIES

NORTHWEST
LABORATORIES


-

-------
                                                                                                                   p =
        DEPUTY  DIRECTOR
           OFFICE OF
          MANAGEMENT
          AND  BUDGET
ADMINISTRATIVE
AND SYSTEMS
MANAGEMENT
   DIVISION
                                                                                                           EjOjnple of o  common existing Stote Deportment of
                                                                                                           NATURAL  RESOURCES Orooniiotion Structure.
                                                                                                           (Not  intended  to be used at a model), showing
                                                                                                           where the regulated activities in table ID are
                                                                                                           being  performed.
                                                                                                                       Partial nspomitility thorad
                                                                                                                       with othtr aytncits.
                                 DEPUTY DIRECTOR
                                    OFFICE  OF
                                     PLANNING
                                   AND RESEARCH
REAL ESTATE
  DIVISION
                    PERSONNEL
                  AND EMPLOYEE
                  SERVICE DIVISION
 DEPUTY DIRECTOR
   OFFICE OF
 ENVIRONMENTAL
  ENFORCEMENT
AND LEGAL AFFAIRS
                                                                 DIVISION OF
                                                                 LANDS AND
                                                                   SOIL
DEPUTY  DIRECTOR
    OFFICE  OF
 RECREATION AND
  MANAGEMENT
   RESOURCES
                                                                                                                            ENFORCEMENT
                                                                      DIVISION OF
                                                                     SOIL AND WATER
                                                                      DISTRICTS
                                      DIVISION OF
                                       WILDLIFE
                                                                                                                    DIVISION OF
                                                                                                                    PARKS AND
                                                                                                                    RECREATION
                                                                                                                                         J_
            DIVISION OF
           FORESTS AND
            PRESERVES
                                                         DIVISION OF
                                                         WATERCRAFT
                                                                                                                                      PARKS AND
                                                                                                                                      RECREATION
                                                                                                                                       COUNCIL
                                                                                                                                          WATERWAYS
                                                                                                                                           SAFETY
                                                                                                                                           COUNCIL
                                                                                                                                             DISTRICT  OFFICES

-------
                                                                                                                    PERSONNEL    REQUIREMENTS     FOR    A    f
                                                                                                                                GROUND    WATER     PROTECTION     P
V Peculated Activities
\_ ^^
l\fanpower Function ^~~~\
A.- PLANNING a COORDINATION^
.sotroRVi^i-iS&^e '^
wwfiswowfc.^v.;; j-:\-;
111 , • £U*k*e;i «,.,.•! _'.;,', ,i:v./

B.- PERM ITS a LICENSES.
SENIOR PROFESSIONAL
PROFESSIONAL
CLERICAL

C.- MONITORING 8 DATA COLLECTION.
SENIOR PROFESSIONAL
PROFESSIONAL
CLERICAL

Q-ENFORCEMENT.
SENIOR PROFESSIONAL
PROFESSIONAL
CLERICAL

E.-RESE ARCH.
SENIOR PROFESSIONAL
PROFESSIONAL
CLERICAL

E- SUBTOTALS OF 'BLt! ft t>!
A;V , " ^aei»iaR':*>«Of»£s$tQWAV L
u';r e(toF.es^oj»AL. •._.; yL," :
•? ' > M StEWfC-Afc,.- •'-'••" -

1.
LANDFILLS,
DUMPS 8
EXCAVATIONS





soMO./a'ftaf,
'i'Ux'jfxPtte?
zoMa/0*»>f.


sa»t&/Kjffae,
ttak/teftlfi.*
"J®&D"/K>*POP.


IOQM&/IO' to*.
ttnt/Xffep.'
eooata/io* Pop.







2OOMD/IO' Pop.
3ntYr./IOePop.*
1 HM./IO* Pop.

2.
WASTEPILES
a
STOCKPILES





SM.D./2S piles
SOM.D./2S piles
IOMD./ZS piles


SM.D/2S piles
5 M.0/25 piles
OM.O./25 piles


tomti/zspite*
gOM.a/zyfOti
iOia>./s5 piles







20M.D./2S piles
rSM.DSZSpiles
4OMJ3./2S piles

3
ANIMAL
FEEDLOTS





OM.O./ZOOIOH
SOM.a/ZOOIoK
IOM.0/200 lolt


DMa/SOO lots
XH a/zoo ion
auaSzooiofs


IOM.D./ZOO tols
soMa/foo/o/t
CM.CI/20O lotf







3OMD/SOO lots
I5OMD/2OOIOH
30M.OSZOO lots

4
FERTILIZER





-0-
-0-
-0-


IOM.D. /id' 'mi'
5OM.D/IO4mi.'
SOMDS/o'mi*


ZOMD./a" 'mi*
ZZUD./IO' mi*
4OHUH/0'1 ml*







3OM.DL/K>" mi*
S&MO/K)' mi*
90MM/O4 mi*

5
PESTICIDES





-0-
-O-
-0-


lOM.D./lo'mi*
X>M.D./K>"mi*
ZOM.OL/IO' mi*


2OM.D./lo'mi*
ZM.D./IO4 mi*
4OMO/X}' mi*







3OM.a/to" mi*
32MH/IO* mi*
eOMD/IO4 mi*

6
ACCIDENTAL
SPILLS





-0-
•0-
-0-


itta./K*pff.
SMi/tO* fvjk
sMa/to'fof.


s Maya' POP.
4OM.a/K>' Pop
5 MD/0' Pop







TM.D./IO* Pop.
4SMCl//0*Pop.
K>M.o./io'pop.

7
SLUDGES
a
EFFLUENTS


i


«WM»/O*«P.
tXMa/to'pt>f.
XMO./X?AfL


SOM.O./K)' Pop.
somo/io'pop.
KX>Mosn' POP.


aoua/io' ''*».
Utet/f? Pet*
t*»./KP flat.







2OOMD/K}' Pop.
S30M.a/K? Pop.
I.SM.Yr/to'Pop.

8
HIGHWAY
SALTING

Man- f tars fo>
Man -ftort


-0-
-0-
. -o-


10 MA/ K>' Pop.
30MJ>./K>' Pop.
2OM.O/IO* Pop.


S ItH./lo" fop.
3OM a/*? Pop.
fltffSV' flat.


' Mon .yeors t
Man-years
' Man-years


ISM.H/IO' Pop.
eo/M.a//o' POP.
ZSMO./IC? Pop.

9
SURFACE
WATER
2 Man-yoar'
States up to 2 /
do 2


-O-
-0-
-0-


XM.D./K)' Pop.
XM.Dyio'Pop.
IOM.D./K)' Pop.


•O-
IOM.D/IO' Pop.
-o-


)/• States up to
do
do


3OMM//01 Pop.
40M.a/IOfPop.
KH*a/Kl'Pop.

IO
AIR
POLLUTION
, total, lor
iliioet population
do do


-0-
-0-
-0-


2 HO./lo'pop.
SHO./I01 Pop
SUJD./IO' Pop.


-o-
sn.o./io'pop.
-0-


' million populot
' do do
' do do


2 M.O./K>'Pop.
OMD/iafPop.
5 MD/Kf Pop.

1 1
HOLDING
PONDS a
LAGOONS
f/l 21 Result
Incnatt 339
(


sum/ a mat
SOMO/S9IM*
2M.D/2SUI*,


5 M.O/2S unit*
S M.a/25 anils
/OOMD/unt/


10 MA/IS units
tMX/nO UHltt
llttrr./ZSO uni*


on. Increase .
. (
. <


20 MA/ '23 units
T9 M.O/2S units
I.ISr*.tr./29ur,Ht

12
SEPTIC
TANKS
ted Actlvil!
per million in



no ma/to? *1vnits
I2SMO/K>' units


»nto^to"uratj
KM&/K>'W*
IZfMOA?*u!Hts


3% per million
(



HOMD/M4 units
fOSMD AT3 units
IJSMA/IO' units

M.D. =  Man Day*.
M.Yr.  -  -Man Year (*24OMJl)

Scientific notation (IO*>;
  /O3=tO*rOii/O- rOOO, similarly,
 ICf= IOOO,OOO (one million)
QS Pf 2OO population centers
otttreen  SO and aflOOpeople.   . ,

No additional monparer required atfand
that designated In otHer activities.
NOTE:
                                                                                L  £  G  £ N 0
•a,
                           y_sr[                         E.fcA.         NATURAL

 ALL ACTIVITIES ARE HIGHLY VARIABLE  THROUGHOUT THE  NATION    THESE MANPOWER ESTIMATES WILL  OC.
 WHICH MUST BE MODIFIED TO SUIT THE NEEDS OF EACH INDIVIDUAL  APPLICATION.  THESE ESTIMATES ARE BASl
 OTHER ASPECTS OF POLLUTION CONTROL.     MANPOWER REQUIREMENTS ARE BASED  UPON CURRENT ACTIVi

-------
                 PERSONNEL    REQUIREMENTS    FOR    A    MODEL   STATE
                           GROUND   WATER     PROTECTION     PROGRAM
                                                                                                                       TABLE "SI.
                                                              HYPOTHETICAL  EXAMPLE OF AGENCY  RESPONSIBILITY











I
t
.1


,e
1.
.1
ft







,„•'
mi.'
ill*

6
ACCIDENTAL
SPILLS





-O-
-0-
. -0-


lM&/IP*P9f.
5MR/K)' Pff,
ma/m't*.


5MDS/O* Pop.
40M.O/IO* Pop.
s M.O./IO' POP.







7M.D./K>' Pop.
45 MD/K)' Pop.
IOM.D./IOePop.

' 7
SLUDGES
a
EFFLUENTS

i
i


sotr.o^o'faf.
isoMa/o'pcf.
#)*a/»*A*t


soM.a/n'pop.
SOM.O./IO' POP.
KXMO/a' Pop.


tOO*UVK>* f*».
tf*K4fl**»»
/«*/»* fop.







200MJD/I01 Pop.
ssoma/Kf POP.
I.SM.Yr./lo'pop

8
HIGHWAY
SALTING

Mon-ytors fa
Man -ytors


-0-
-0-
-O-


onm/a' Pop.
3OMA/K)' Pop.
ZOMOSIO' Pop.


5 i&,/& fa*
MHtiWft*
5#O/»* f»>»,


' Man -jrgars
Mon-ytors
' Man -/tort


ISM.D./IO' Pop.
eoM.a/o' POP.
2SIHJ}./IOe Pop.

9
SURFACE
WATER

Stotts upto 2 1
do 2


-0-
-O-
-O-


3OM.O./K)' Pop.
XM.OS/o'Pop.
10 HO./ K? Pop.


-0-
ioM.a/n' POP.
-0-


ir Slotts up *
do
do


xu.a/io' Pop.
4OM.a//o'Pop
toua/io' POP.

IO
AIR
POLLUTION

it/ion population
do do


-O-
-O-
-0-


iH.D./to'Pop.
s Ma/io' Pop.
s ua/a' Pop.


-0-
5MD./K>*Pop.
-0-

-
' million poputat
' do do
' do do


* H.O./10'Pop.
ama/iafpop.
SMO/Kf Pop.

1 1
HOLDING
PONDS a
LAGOONS

Incnou JJ9
1


s»t&;zs*ii*.
soMa/tSixta
2M.OSXM*,


S M.O/tt unit,
S MO./ZS unitt
iooma/unit


U>»U>./tS<*Mt
IMM/gSO uhtt*
/MM/29? uaOt


on. Incrtatt .
. 1
. <


KM.il/e5unitt
79MO/fSuniti
I.ISM.Ik/lStmtn
LEG
12
SEPTIC
TANKS

ptf million in



aoma/x^mat
soottaso***,
IOOHDSB' *<*


SOUUI./lo'unitt
fSM.oyiO4unn
ISSMO^O4 unit*


»HDJto"anm
tSWAfiailt
IZHtDt/Vimt*


'3% ptf millloii
i



llOMO/lo'unili
SOSMD/K)' unlti
as*ta/n* vniti
END
13
STORAGE
TANKS a
LINES
5.
tMCttl Of 2 mi
do


em. a /a' POP.
SU.O./10'Pop.
sH.a/a'pop.


^IH.D./IO' Pop.
stta//o'Pop.
stia/K' Pop.
i

sun/a' Pop.
40HOSO' Pop.
5 MA/10' Pop.


in vcfU of g
>
14
DRAINAGE
WELLS a
SUMPS

/i"0ff population



ema/ia'pop.
sHa/to* POP.
SM.O./10'Pop.


e M.D./O' Pop.
SHO./K)' Pop.
SMO/W' Pop.


OM.D./IO' pop.
tokLo/n' 'POP.
KIMO/IO' Pop.


million populott

1
1

9MO/K}' Pop.
SWfD/K? Pop.
ISKa/KfPop.
C

1H.O./K)' Pop.
'OHO/0'pop.
JOM.a/10' Pop.

15
ARTIFICIAL
RECHARGE


;


iM.O./tyfttm
IOM.D. /tytttm
2 M.O./tflltm


1 MA./lfiHm
ZUD./lyttim
1 M.O/tylttm


1 tta/tfitim
ZM.O/tyltim
1 HOVtyittm


A
;
i


4*a/t/lttm
HMa/vittm
4 M.D./ tftttm

16
DISPOSAL
WELLS





etna/2 *fii>
3MIM/S Mi/It
ZM&/!nlli


ZUO./lwtllt
4M.D./Z,tll,
1 MD/f wtllt


tMO/t**tH
4M&/ejHtt
tttsi/eiitt*







roMd/t ^ HI
MMO/lwHlt
4 U.D./1 will*

17
OIL a GAS,
SECONDARY
RECOVERY





lM.Q/5pmj./>r.
SM.a/5pn>iAt
2MlApmj./rr.


Ht&/Spnj./rr
lOUBSSpnj./iir
ZmO/Sproi^r


uta/spnj^i
ItMO/Spntftr.
ina/*pnUrr







tMO/Spni/fi

enayspnj./^

18
WATER
SUPPLY
WELLS





KXHID/IO3 wtllf
ISOMO/IO'wttlt
lOOMD/Kl'wtllt


S *&/»* toll*
4Slii&/Kf*lH*
j&KL/Xii*mi


snobs' nlit
KUDSK4 wtl*
asKcW4***







lOIH.Oi/O'mlllt
tS3MO/lo'*tlll
iKM.a/n'wtiit

19
EXPLORATIVE
a ABANDONED
HOLES





loma/ioounin
XNll/lOO units
iOMjO/KIOunits


2M.a/KOunilt
20mH/KXunin
10 M.D/IOO units


S H.a/KJOun/n
toma/ioounii.
ana./aounin







17 M.O/IOO unlit
eona/nounitt
4OtHa/IOOunitt

20
MINING





4 ht.Q/IO mintt
2O M&/IO mint*
4 U.D./IOmintt


tM.D/IOmintt
IOH.a/a mints
2 UDyiO mints


1 Mi/10 mints
SHD/IO m,ntt
1 Mll/0 mint







7 UJD./K mints
XH.a/nmlntt
rULD./IOmintt

21
GROUND
WATER
DEVELOPMENT





tstt R.A. I9>~
tstlR.». IB)"
fstt It A. IB)"


eua/soowtiit
OM.CH/30Oftllt
/oH.oyjoowt/ts


SH.O/3OO Htilt
fSUJVXXxtlli
OKD/3OO»tltt







TMMOOvtllt
35MO/3OO wtllt
KKO/3OO»»lli

                                                E.ftA.
NATURAL
OEPT. OF
>. ACTIVITIES ARE HIGHLY VARIABLE THROUGHOUT THE NATION    THESE MANPOWER fSTIMATfS  WILL  DEPCHD UPON ft
ICH MUST BE MODIFIED TO SUIT THE NEEDS OF EACH INDIVIDUAL APPLICATION.  THESE ESTIMATES ARE BASED ONLY UPON
Vf/? ASPECTS OF POLLUTION CONTROL.    MANPOWER  REQUIREMENTS ARE BASED UPON CURRENT ACTIVITIES ONLY,
^HEALTH,   '

'NFALL, 6ENERAL  SOIL TYPCS. ACTIVITY. LAND USE, fTC.   THC A8OVC FISUHCS  **f HflKLY UHtRALIZEO OUIOCLINCS
HE REQUIREMENTS FOH THE UTILIZATION Of THC PROPOSED SROUNO WATCH REOULATIOHS.  AMD ARE IN ADDITION  TO
EOUIREMENTS  FOR PRE-EXISTING PROBLEMS ARE NOT INCLUDED.

    1

-------

-------