LEGISLATIVE HISTORY
OF THE
SAFE DRiNKING WATER ACT AMENDMENTS
OF
1986
Volume 2:
Includes the le9lslative history for Titles II and Ill of the SDWA
Amendments. TheseTitles address protection of underground sources of
drinking water and general provisions, respectively.
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SEC. 201. RESTRICTIONS ON U’NDERGROIJNI) INJECTION OF HAZARDOUS
WASTE AND REGULATION OF STATE PROGRAMS. C) . 0
(a) NATURAL GAS STORAGE.—Sectjon 1421.(bX2XA), section
1422(cXl), arid section l425(aXl) of the Safe Drinking Water Act ire
each amended by inserting “or natural gas storage operations” after
“production”.
(b) MONITORING OF INJECTION WEUs.—P rt C of the Safe Drinking
Water Act is amended by adding the following new section at the
end thereof.
“SEC. 1326. REGULATION OF STATE PROC RAMS.
“(a) MONrFORING M ’rHons.—r ot later than 18 months after M o rio R I N1 ( -
enactment of the Safe Drinking Water Act Amendments of 1986, the
Administrator shall modify regulations issued under this Act for
Class I injection wells to identify monitoring methods, in addition to
those in effect on November 1. 1985, including groundwater monitorS
ing. In accordance with such regulations, the Administrator, or
delegated State authority, shall determine the applicability of such
monitoring methods. wherever appropriate, at locations and in such
a manner as to pro ide the earliest possible detection of fluid
migration into, or in the direction of. underground sources of drink.
ing ater from such el1s, based on its assessment of the potentialj
for fluid migration from the injection zone that ma be harmful to
human health or the en ironment For purposes of this subsection, a
cII I i $ection well is defined in accordance with 40 CFR 146.05 as
Ineffecton November 1, 1985.
- “(b) RZp0RT.—The Administrator shall submit a report to Con-
?ese, no later than September 1987, summarizing the results of
State surveys required by the Administrator under this section. The
report shall include each of the following items of information:
“(1) The numbers and categories of clan. V wells which
discharge nonhazardotin waste into or above an underground
source of drinking water.
“(2) The primary cont.mninptjon problems associated with
different categories of these disposal wells.
“(3) Recornmendation for minimum design, construction,
installation, and siting requirements that should be applied to
protect underground sources of drinking water from such’
contamination wherever necessary.”.
(c) SECTION 7010.—(1) Section 7 O10(c) of the Solid Waste Di 9 ,oeal
Act is amended by striking “sections 7002 and 7003 of this Act’ and
inserting in lieu thereof “the provisions of this Act”.
(2) Section 7010 of the Solid Waste Disposal Act is renumbered as
section 3020 and inserted after section 3019 of such Act. Section 7012
of such Act is renumbered as section 7010. The item relating to
section 7010 in the table of contents for such Act is renumbered as
section 3020 and inserted after the item relating to section 3019. The I
item relating to section 7012 in the table of contents for such Act is
renumbered as section 7010. Such table of contents is further
amended by Inserting after section 3015 the following new item:
“Sec 30i6 I1ivent ry of Federaj Agency hazgrdo ,j .s wags fa lit .”.
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The conferenceapproved version Of these
provisions represents significant improve.
ment over the ground water provision con-
tained in the original House bill I am as-
sured that the ground water grant program
in S 124 as enrolled cannot be used as an
mstrument to create a new Federil regula-
tory program In fact, the only sanction ap-
plied to States that fail to develop an ap-
probed ground “ater program ould be
the loss of their Federal grant money for
running the program Neither can the bill’s
provisions establish a major Federal pres-
ence in highly sensitive local land use deci-
sions that could affect ground water I read
the bill as not authorizing direct and de-
tailed Federal intervention in State plan-
ning and control of land use, and I hereby
direct the EPA to recognize to the fullest
extent the primacy of State Governments in
decisions affecting ground water in the im-
plementation of this act.
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In a new section. 1426 of the Safe
Drinking Water Act, the Administra.
tot is required, not later than 18
months after enactment, to modify
regulations previously promulgated
under the Safe Drinking Water Act to
Identify monItoring methods for class
I injection wells. Such monitoring reg-
ulations may include ground water
monitoring. The purpose of such regu-
lations is to assure that there is the
earliest possible detection of fluid mi-
gration from the injection well. In con-
sidering monitoring methods, the Ad-
ministrator should take into account
the risks associated with ground water
monitoring, which cart disturb natural
barriers protecting the underground
Injection zone. these disturbances
from ground water monitoring could,
under certain circumstances, increase
the risk of leakage from the injection
zone. In addition, ground water moni-
toring is not always reliable, since the I
monitoring well may easily miss a
plume migrating from the injection
zone.
Other monitoring methods, such as
monitoring of the annulis, may be
more effective in predicting migration
from the zone. Particularly useful in
many cases Is monitoring of the pres-
sure of the annulis. Such a monitoring
methodology will provide early and re-
liable indication of fluid migration’
without disturbing the injection zone.
If material is migrating, the pressures
in the annulis will drop, and those I
monitoring the injection well ull be;
alerted to a problem. This method
may be more reliable than ground;
water monitoring, which can easily I
miss a plume leaching from the inlec-!
tion zone.
Due to the variety of hydrogeologi
cal climates in Which underground in-
jection wells are located Permitting;
States flexibility in determining hidh
monitoring method is most appropri-
ate is art essential feature of any regu-
lations One national monitoring
methodology could well eo more to
promote fluid migration from an Injec-
tion zone than to pro ide early warn.
trig of such migration States have
long experience in undergroufl injec-
Lion, and this experience should be ap-
plied to this important area of envi.
ronment j protection For these rea-
sons, the conference agreeme con-
tinUes the current reliance on the
kno ledge of the States in determin.
tn ,the appropriate use of ground
aztcr monitoring m thods td be iden-
tlfit’d b I the Adrninistrator States
hich rcg jla Underg-.-oufl injection
Currently ill cont to determine
the aPPlicabilIty of tl ese monitoring
methods
‘Especially Important j a provision
designed to prevent underground
sources which are now clean from be-
coming contaminated The legislation
would establish a nationwide program
requiring States to establish wellhead
protection areas around drinking
water system wells where pollutanta
could flow Into undergound areas con-
tainrng drinking water Supplies. This
narrow provision does not cover poten-
tial sources of drinking water or other
ground water supplies which do not
ser e as drinking water. Further, the
provision was carefully written to
make sure that States have flexibility
to develop plans and that existing
water rights and existing authorities
for States to manage, regulate and
protect ground water within their ju-
risdictions are not limited,
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CONF, Rep. t o. qc . 2- <-14 .
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SEC. 201. RESTR1C7rnp,r ON UNDERGROUND INJECTION OF HAZARDOUS
WASTE AND R.EGULA T1ON OF STi4 71 PROGRAM&
(a) NATURAl. GAS Sr .—&c , 1421(bX2XA), section
l422(cXl), and section l425(aXJ) of the Safe Drinking Water Act are
each amended by inserting “or natural gas Storage operations ‘ after
“production ‘
(b) MONiTORING OF INJECTION WEL .z.S.—Part C of the Safe Drink-
ing Water Act is amended by adding the following new section at
the end 1hereo/
“SEC 142& REGULATIONOFSTATEPROGP M&
“(a) MON1TOPJNG METHODS.—NOt later than 18 months after en-
actment of the Safe Drinking Water Act Amendments of 1986, the
Administrator shall modify regulations issued under tins Act for
Class I injection wells to identify monitoring methods, in addition
to those in effect on November 1, 1985, including groundwater moni-,
torzn& In accordance with such regulations, the Administrator, or
delegated State authority, shall determine the applicability of such
monitoring methods, wherever appropriate, at kications and in such
a manner as to provide the earliest possible detection of fluid rnz rri-
tion into, or in the direction o/ underground sources of drinking 1
water from such wells, based on its assessment of the potential for
fluid migration from the injection zone that may be harmful to
human health or the environment. For purposes of this subsection, a
class I injection well is defined in accordance with 40 CFR 146.05
as in effect on November 1, 1985. p
‘fl,) REPORT.—Th Administrator shall submit a report to Con-
gress, no later than September 1987, summarizing the results of
State surveys required by the Administrator under this section. The
report shall include each of the following items of infornwtwn•
“(1) The numbers and categories of clo s V wells which dis-
charge nonhvarda waste into or above an underground
source of drinking water.
“(2) The primary contamination problems associated with dif-
ferent categories of these disposal wells.
“(8) Recommeridat ions for minimum design, construction, in-
stallation, and siting requirements that should be applied to
protect Underground sources of drinking water from such con-
tamiriat ion wherever necessary. ‘
(c) SECTION 7010.—(1) Section 7O1Ck ’c) of the Solid Waste Disposal
Act is amended by striking “sections 7002 and 7 00SofthLsAct ‘and
Inserting in lieu thereof “the provisions of this Act’
(2) Section 7010 of the Solid Waste Disposal Act is renumbered as
section 8020 arid inserted after section 8019 of such Act. Section
7012 of sac /i Act is renumbe j as section 7010. The item relating to
section 7010 in the table of contents for such Act is renumbered as
section 8020 arid inserted after the item relating to section 8019. The’
item relating to section 7012 n the table of contents for such Act is
renumbered as sectjo4 7010. Such table of contents is further
amended by iriserw g after section 8015 the following new atem.
‘Sec. SO/C !‘weniory of Fec1rr ’ . 1 4 g y #in, j WQW faczJth , ‘
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S TI0N 201—R rRIC’r1o r 5 ON UNDERGROUND INJECTION Or
HAZARDOUS WASTE AND REGULATION OP STATE PROGRAMS
Senate bilL—The Senate bill contains provisions: (1) to clarify the
applicability of existing limits on Federal regulation of the under-
ground injection of brine which is brought to the surface from nat-
ural gas storage operations; (2) to require the Administrator to
revise underground injection control (UIC) regulations, within 18
months of enactment, to require ground water monitoring at Class
I injection wells in such a way as to provide the earliest possible
detection of fluid migration into or in the direction of drinking
water unless the Adminiqtrat r or delegated State authority con-
cludes it is not necessary because no potential exists for migration
from the injection zone; (3) to require the Administrator to submit
a report to Congress, no later than September 1987, providing in-
formation on the numbers and categories of Class V wells, the pri-
mary contamination problems associated with these wells, and rec-
ommendations for minimum design, construction, installation, and
siting requirements; and (4) to clarify the application of enforce-
ment authorities, available under the Solid Waste Disposal Act, to
enforcement of the Class N ban enacted under that Act.
House amendment.—The House amendment contains provisions:
(1) to enact a ban on all Class N wells (as defined currently in 40
CFR Section 144.6(d)), effective 6 months after enactment; (2) to re-
quire the Administrator, within 18 months of enactment, to revise
regulations to require monitoring of underground injection wells in
such a manner and in such locations as deemed appropriate by the
Administrator so as to provide the earliest possible detection of
fluid migration into or in the direction of an undergound source of
drinking water and (3) to require the Administrator to conduct an
inventory of all wells which inject hazardous waste.
Conference agreement.—The Conference agreement adopts the
Senate provision with modification of the ground water monitoring I
language to require the Administrator to modify regulations issued’
under this Act for Class I injection wells (as defined in accordance
with 40 CFR 146.O5 as of November 1, 1985), within 18 months L
enactment, to identify monitoring methods in addition to those u P 0
effect on November 1, 1985, including ground water monitoring. In
accordance with these regulations, the Administrator or delegated
State authority shall determine the applicability of such monitor.
ing methods, wherever appropriate, at locations and in such a
manner as to provide.the earliest possible detection of fluid rnigra.
tion into, or in the direction of, underground sources of drinkingi
water from such wells based on its assessment of the potential for’
fluid migration from the injection zone that may be harmful to
human health or the environment
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TiiI% II ) Ii (I. (KIlIlI 14 V. tKT , % ii
14 1 1.1 I %flh l%4 )I ‘iT%TE i’R114,K (sl’ ..
(a) N ruxaL GAS STORAGE.—SVCLIOfl,
14 1b 1t2)IA) sechon 1422(c)( 1). and section:
I l 5i as 1 of the Safe Drinking Water ACL
are each amended bY Inserting or natural
gas storage operations alter production’.
itj) laJFCTION RESTRICTION —Part C of the
S.ife Drinking Water Act is amended by
adding ihe lolloairig nea sections at the end
I lit-ri-of
‘) 4 i i ( Iii ‘ ,TKIIliiI% - ’ 41% II (/%RI )o) ‘. V. ) fl
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No ha ardow , aaste may be disposed of
b c und ,-rground Injection abote or into a
formation u. huch Contains aithin one guar-
it r mult’ of the Injection aell bore) a drink.
ins sater source except that unection of
contaminated ground aater into the aquifer
from a lirdi it a a it hdrta n ma) be al-
loau-d if (lie Adrcirti,i rator determito S pur-
cuiant to proc ,-diiri’s approced under this
Art tue Solid Wa.-.te Dispo,al ACL or the
Counpretit-nats u’ En’. ironmeiltal Response.
C ’,mprn-.aruon and Liabilut’ , Act of 1980,
that such injection is an appropriate and 40-
‘ .trontnrntall) acceptable aspect of a clean-
lip rc’mot a! or reriit-JiaI action for (Ice con-
tamiu lat ,-cj ac uifi-r The prohibition eciab-
Ii’.hi-d under this siibc’c-t ion shall take
• I si months after t lie en-icLm -nt of
this wetuon except in the case of an’, State)
in a Inch identical proluibI ions are in i ’ff rt
I, ’ (m m such date The term hazardous
a i te a,’, ii ’ . , d in I hi c,’, i inn means an’,
ha ‘.trclotic a asri’ (as d ,-fi-o-d in the S lud
V. u—ri- Di po-al Act) a I ill 5 listed or den
I fit d iind--r -. ,- ,-u ii , ’n 301)1 of that Act The
pr-’mioi. Jo e.ta 4 ’l —It’d h iii’, sect run shtll
1’. in ii. d for purposes f tin, Ac-i a,ç a pro-
loin: iifl ‘ ‘tibl-’hed pirr-it.ant to an app c ‘l-
b), i,’it, ‘ ruiund in t lion p: ocranc
ii:; Ri -u ii (TI ’l\ ull - ‘.1tT lItlMI(%’.l - .
-i R i.’, i - . - MO,_ITOR ’ ,.C RLCt LATZON ’. —j
am’ r i i’i 18 ncon hs aft . -r enaci mi-itt
01 mmit . 1 Druuikjiie V. aU ’r Act Am ,’iicl-
rut- its of i 3 Ui ,- Ad.i’,inistrator - ,hall ri-s u,e
r m Is, nit, i—stud tinder thus part to require
nn’im,tor n i of ummd-r ,iround itt-s non ar : - ,
iii ‘iii Ii itt inner arid in su , Ii Icnatuons as
ii ,-i,- -1 a ,‘ r p —i itt bc tic Ad ni: n’st rat or so
a-. I .,’ p-u. -d- tin- i anti--st po-,,’,i0l dc-Lit-lion
of fin m,Lr-t( -uit into or in the direct ion
‘if a-i itini, rLround source of drinking
‘lt.i
- ‘‘ Istt tTImP ’. —Tin- Admitmistrator in
‘liji, ration cc’:i iii ,- State shall conduct I1
i-it i-nit-ri of all a (Ils in th tjniti-d Stan-s
a lii m i:t s-i u ha,’anmjou,’. a .-i.,t- s The- ut’. I-ni 0-
ri - .Ii I in tide - ,tich informs; ion as the Ad-
r-tumi , ; rit ,ir ma’, in his di cri ’i ion. dt em ni-c-
‘smrc io U 1 (vie (lie scope and natm p of
Iii_ ti i1, is a ast ’ di- ,po- ,al in the Unit-d
S tn-c through iinids-rground inn-c-non A
ri port cmimrrmanu7ing (lie results of such in
‘ . mon Si ’mj making recomncendam tons if
ni-c’- s-c- ’ , to proi ,— ,-r underground solircus
0’ Ci I icc i ’ . ii r from lcn’ardous caste mi-
lr t’ t’fl 1— - n UTlmi-reroiund injec u , ’ a ills
‘.hiiil .- cumbrnmit-d it) the Congress not later
than 9 months rifi.-r iii ,- date of the enact
mi ni nf it,,- S-’.l Drinking V, ater Ai.t
Av”idn,’ct-. or 19 5
l’irnR’.4 rn- , —Tin’ Sian-s shall make
555 vile io i’i.- pInlsrra or such for-
n-a, er a-.- Ii ,- j ,-. ’- - ne-, essars to ai-clcrnpl-th
tli,- na, rim’. ‘- of this “c(uniu The Ailmir’is
tr3:or n. d no be llmiu,-d to such rnforr’a
lion in conduui-ing the incenior ) relt-rr d to
in ‘ito-.rc-u arc b
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SEC. 201 RESTRICTIONS ON UNDERGROUND INJECTION oi hAZARDOUS WASTE AND REGULATION
OF STATE PROGRASIS.
(a) NATURAL GAS STORAGE.—SeCtIOn 1421(bX2XA), section 1422fcX1), and section
1425(aXl) of the Safe Drinking Water Act are each amended by inserting “or natu-
ral gas storage operations” after “production”
(b) INJECTION RFSTRICTION —Part C of the Safe Drinking Water Act is amended by
adding the following new sections at the end thereof
“SEC 1426. RESTRICTIONS ON HAZARDOUS WASTE I ”4JECTION.
“No hazardous waste may be disposed of by underground Injection above or into a
formation which contains (within one-quarter mile of the injection well bore) a
drinking water source except that injection of contaminated ground water into the
aquifer from which It was withdrawn may be allowed if the Administrator deter-
mines. pursuant to procedures approved under this Act, the Solid Waste Disposal
Act, or the Comprehensive Environmental Response, Compensation and Liability
Act of 1980. that such injection is an appropriate and environmentally acceptable
aspect of a cleanup, removal or remedial action for the contaminated aquifer. The
prohibition established under this subsection shall take effect six months after the
enactment of this section except in the case of any State in which identical prohibi-
tions are in effect before such date. The term ‘hazardous waste’, as used in this sec-i
tion, means any hazardous waste, (as defined in the Solid Waste Disposal Act) which
is listed or identified under section 3001 of that Act. The prohibition established by
this section shall be treated for purposes of this Act as a prohibition established pur-
suant to an applicable underground injection program
“SEC 1127 REGULATIO 4 OP STATE PROGRAMS.
‘(a) REVISED MON1 RING REGULATIONS —Not later than 18 months after enact-
ment of the Safe Drinking Water Act Amendments of 1985 the Administrator shall
revise regulations issued under this part to require monitoring of underground in-
jection wells in such manner and in such locations as deemed appropriate by the f?.
Administrator so as to provide the earliest possible detection of fluid migration into,
or in the direction of. an underground source of drinking water
“ b INVEN’roRY —The Administrator, in cooperation with the State. shall conduct,
an inventory of all wells in the United States which inject hazardous wastes The
Inventory shall include such information as the Administrator may, in his discre-
tion. deem necessary to define the scope and nature of hazardous waste disposal in
the United States through underground Injection A report summarizing the results
of such inventory and making recommendations, if necessary, to protect under.
ground sources of drinking water from hazardous waste migration from under.
ground injection wells shall be submitted to the Congress not Later than 9 months
after the date of the enactment of the Safe Drinking Water Act Amendment.s of
1985
O ( ) I lFORMA’riON —The States shall make available to the Administrator such in-
formation as he deems necessary to accomplish the objectives of this section The
Administrator need not be limited to such information in conducting the inventory
referred to in subsection (b)’
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\-LR. R PI No. I ”., I) iI(ic 5 )
000326
TITLE it—PROTECTION OF UNDERGROUND SOURCES OF DRINKING WATER
Section 201
Under the 1974 Act. EPA was required to establish minimum re-
quirements for State programs controlling underground injection
(Underground injection is the process of forcing liquids under.
ground through a well). Improperly done, underground injection
can contaminate drinking water supplies. EPA was required to en-
force the minimum requirements directly in States that did not
adopt them. To date, thirty operate their own programs. In May,
1984, EPA issued a final rule establishing EPA-administered pro-
grams in other States and territories.’ 9
Section 201 prohibits the disposal of hazardous waste above or
into a formation which contains a drinking water source within p
one-quarter mile of the injection well bore. This section enacts into
Federal law a ban on all Class IV wells, as defined currently in 40
C.F,R. Section 144.6(d), except for such wells as exempted under 40
C.F.R. Section 14 4.13(c). This section is not intended and shall not
be interpreted to in any way relax the current regulations regard.
ing Class IV wells. The Federal ban herein enacted is immediately
effective stx months after enactment of this legislation. This ban
shall automatically become a part of all applicable underground in-
jection control programs as defined in Section 1422(d).
Injection of contaminated groundwater into the aquifer from
which it was withdrawn may be allowed if EPA determines it is an
appropriate and environmentally acceptable aspect of cleanup
under RCRA and Superfund The Committee expects that EPA will
not normally allow the injection of hazardous substances into an
aquifer that Contains an underground source of drinking water.
The Committee reaffirms that the term “underground injection”
does not include the underground injection of natural gas for pur-
poses of storage.
Within 18 months of enactment, EPA must require monitoring of
underground injection wells in such a manner and in such loca-
tions as deemed appropriate by the Administrator. The Committee
intends that monitoring should be conducted so as to provide the
earliest possible detection of fluid migration into or in the direction
of an underground source of drinking water. The Committee ex-
pects that in some cases such monitoring may include not only con-
tinuous monitoring of the integrity of the well materials, but also
monitoring of underground drinking water sources down gradient
from or penetrated by a Class I injection well.
This section also requires that the Administrator, in cooperation
with the States, mi st conduct an inventory of all wells in the
United States which inject hazardous wastes A report summariz-
ing the results of such inventory and making recommendations if
necessary to protect underground sources of drinking water must
be submitted to the Congress within nine months after enactment
The Committee received a copy of this report on May 8, 1985, as
also required by section 701 of the Hazardous and Solid Waste
Amendments of 1984.
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000327
Section aöove p • (3
The__
Ut Into
ba ed
cont& jrt
from which
to ac beed DUr!u&ntj
aDd Proc . . 1
Onthj
Itter effect si
0 PC In
1&t1008 Ufr 3 0 revue I
S7o ind to reqtLfr VTC regu 1
of un4er.
l0 1Ofl ‘fl lUch nner and I
fluid
‘entory of
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\? (0t’ a S4, c (_L1c,%
PROTECTION OP UNDEROROU)ID
SOURCES OP DRDJKINO WATER
a waxcrzoiea ON UWD OROUND flcJ CTI0Z OP
HAZARo-
005 wASTZ A ID RZGUL T1ON Or STAT!
PaOGRAMS
Sac. 10. a Section 1421ibn2)(A). section
1422(chli. and section 1425a 1i of the
Sale Drinkmg Water Act are each amended
by inserting or natural gas storage oper-
ations” after production”
(bI Part C of the Safe Drinking Water Act
is amended by adding at the end thereof the
followuig new [ sections] section:
ON H -tZ RDOt79 WAS?!
INJ !CTION
[ “Sac 1426 (a) No hazardojs waste may
be disposed of by underground injection—
(“CD Into a formation which contains
(within one -quarter mile of the well used for
such underground injection) an under-
ground source of drinking water, or
(‘(2) above such a formation.
The prohibitions established under this sec.
tion shall take effect 6 months alter the en-
actment of the Hazardous and Solid Waste
Amendments of 1984 except In the case of
any State En ahich identical or more strin-
gent prohibitions ‘are in effect before such
date The prohibition established under this
subsection shall be treated for purposes of
this Act as a prohibit Ion established pursu-
ant to an applicable underground injection
program
[ (b) Subsection (a) shall not apply to the
Injection of contaminated ground water into
the aquifer from which it was withdrawn,
I ’—
( “(1)such injection is—
[ (A) a response action taken under sec-
tion 104 or 106 of the Comprehens l%e Envi-
ronrnentaj Response. Compensation and Li
ability act of 1980. or
[ ‘(B) part of corrective action requii-e i
under the Solid Waste Disposal Act intend
ed to clean up such contam atio
((2) such contanuna ground water is
treated to subs antia.lly reduce hazardous
constituents prior to such injection, and
(‘(3) such response action or corrective
action will. upon completion. be Sufficient
to protect hunian health and the environ-’
merit.
(“(cM 1) Each State ahich assumes prl-
mary enforcement respor ibiljL) under this
Act shall adopt a program to tarry out the
prohibition established under paragraphs
(1) and (2) of subsection (a) (unless such
State hss Luopted and is carr3 ng out a
more strIngent prohibition)
(‘(2) Tue Admjrn trator shall promulgate
reguiatio to carry out the prohibitions es-
tablished tinder paragraphs (1) and (2) of
subsection (a) for each State hich is riot
esercising primary enjorcement resporisibil
ity linGer this Act for enforcement of such
prohibitions
( cd) The term ‘ha .iaxdous , aste as used
In this sect(or) means any hazhrdous naste,
as detined In the Sold Waste Disposal Act.
s ’ ich Li Ii ted ‘ r den-find under St’tiori
3001 of t’iat Act 3
or smr PRoGa si3
Sic (42’ j 1426 a No later th:, i 18
moc-:i-a after enactment of the Sate Lirink-
ing Watcr Act Arnerdments of 1985 nc Ad
cvriLsira (or shall rm ‘ e reguja ,o .i ..’ied
under tbIS Ct to require groi$s sate- “ or
Lo ,ig at ocatioris and in suc a Aa ir t
i d cr0 i de iMp ear’ est CiS ’P (I( - “ len
“ ( (l’. id rlgration into. or iii Lh d-rectc. i
of underground jr ‘ kIn ASter sources
(torn a cIas& I in Ctlofl aeli u k s t)’e Ad.
or dtlegaie State authority
conc j on the basis of the applicant S
that such monitor Li not
fl C 57 bet c e no potential exists for mi-
gration from the injection zooe that nay be
harmful to humaji health or the gnviron-
ment.
“(b) The Admiruztra.tor shall submit a
report to Congress no later than September
1987, suinmari .ng the results of State sur-
veys. currentl} required by the Administi-a.
tor. 3 ,ears after the delegation of the pro-
gram, under this section to a primary State
enforcement authority The report shall in-
clude the following information
“(lithe numbers and categories of class V
wells which discharge nonhazardous waste
Into or above an underground source of
drinking water.
• (2) the primary contamInation problems
associated with different categories of these
disposal wells, and
“(3) recommendations for minimum
design, constrUction. Installation, and siting
requirements that should be applied to pro-
tect (ground water] undergrvun sources of
drinking water from such contamination
whererer necessary:’,
(CII !, Section 70 10(c.’ of the Solid Waite
Disposal Act is amended by striking “sec-
tions 7002 and 7003 of this Act’ and insert-I
ing in lieu thereof “the provisions of this
Act” ‘ I.
(2) Section 7010 bf t,he Solid Waste Dispos-
al Act Li renumbered as section 3020 and in-
sertect after section 3019 a/such Act.
p
p.
e L. I C c , , 192c)
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2.4 a - r p *-i-1 . t -i (Cv ’i, 01
4 .-i .-t., l- (M 5)
000329
SacrioN 10. R s’rRIcnoNs ON UNDERGROUND INJRCTION 0 ?
HAZARDOUS WASTR AND RzGuL4 r1oN 0? STATE PROGBAM
SUMMARY
This section limits Federal regulation of State programs that reg- J
ulate the underground in3ection of brinewhich is brought to the
surface from natural gas storage operations.
The bill also reqijires the Admuustrator to revise underground I
injection control (utC) regulations within 18 months of enactment.
to require ground water monitoring at Class I injection wells i.n
such a way as to provide the earliest possible detection of fluid mi.
gration into or in the direction of underground sources of drinking 1
water. Such monitoring will be required unless the Adlniisistratorl
or delegated State authority concludes it is not necessary ec u
no potential exists for migration from the injection zone. I
The bill also requires the AdminiAtrator to submit a report tol
Congress no later than September 1987 which will provide lnfornia.i
tion on the numbers and categories of Class V wells, the primary
conthminMiofl problems associated with these wells, and recom-!
mendations for TrnnirTlum design, construction, installation, andi
siting requirements.
The final amendment in this section allow. the application of en-
forcement authorities available under the Solid Waste DispoeaJ Act
to enforcement of the Class IV ban enacted under that Act.
DI8CU 1ON
This section includes an amendment to three provisions of Part C
of the Safe Drinking Water Act relating to the regulation of under.
ground injection of brine which is breught to the surface from nat-
ural gas storage operations. Current law limits Federal regulation
of State UIC programs which might interfere with or impede the
underground injection of brine or other fluids which are brought to
the surface in connection with oil or natural gas production unless
such requirements are essential to assure that underground
sources of drinking water will not be endangered by such injection.
The amendment applies the same regulatory limitations to the
reinjection of brine which is brought to the surface with stored gas.
This change is made for purposes of consistency, and it in no way
alters or affects prescribed duties to assure that underground
sources of drinking water will not be endangered by an under-
ground injection.
This section of the bill will enhance the protection of under-
ground sources of drinking water from underground injection of
hazardous and nonhaz.ardoua waste regulated under the Safe
Drinking Water Act.
EPA estimates that C1a s I wells (injection below an under-
ground source of drinking water) is the method for disposal of
about 57 percent of the hazardous waste disposed of annually in
the U S. Current EPA regulations require pressure monitoring
within the injection 1 weU annulus in order to provide an early
warning of any leak that might develop in the well casing. Internal
pressure monitors will not provide an indication of a leak into an
overlying underground source of drinking water formation from
certain other mechamcai failures or hydrogeologic disturbances.
The Committee heard testimony from tJIC State program repre-
sentatives and industry witnesses indicating the need for ground
water monitoring in some cases and the need for flexibility in
thakin such site-by-site de ” rminations.
This section requires EPA to amend current UIC regiilations t 4
require ground water rnonJtoring that will provide the earliest poe-i
sible detection of migration into or in the direction of an under-
ground source of dru k g water, unless the EPA or the delegated
State authority concludes on the basis of the applicant’s demon- I
Stratton, that monitorijig is not necessary because no potential I
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A (\r -,
VL1U330
esists for migration from the injection . harmful to
huni n health and the environment
This TOV5Ofl 15 not intended to ciodif y or elimin.te current r F’
quireinenta for annulu.. and other types of monitoring which pro-
vide a fundamental check on the mechanical integrity of the well
under existing EPA and Stat. regulations.
This section also requires that EPA submit a report on Cla V
wells. The Class V category includes among other practices, diverie
types of non.hzi sirdous disposal including industrial and agricultur-
al drainage, and air conditioning return flows. EPA has not issued
specific regulations for design, construction, installation, or siting
requirements for Class V wells as necessary to protect underground
sources f drinking water. This report, which will be based on state
surveys of Class V wells now in progress, will be useful in deter-
mining the need for minimum Clasa V requirement.. The report to
the Committee is to consist of a categorization of different type. of
Class V wells, an identification of problems associated with such
wells, and recommendations for minimum requirements.
The bill also renumbers and inserts section 7010 of the Solid
Waste Disposal Act into subtitle C of that Act and clarifies that the
statutory and regulatory ban on Class IV wells is enforceable not
only pursuant to the Safe Drinking Water Act, but also pursuant
to all of the enforcement provision.. of the Solid Waste Disposal
Act, as amended. These amendments are intended to clarify that
the ban may be enforced, not only pursuant to sections 7002 and
7003 of the Solid Waste Disposal Act., but also pursuant to sections
3004(v), 3008,. and 3013 of the Solid Wa..te Disposal Act. Similfirly,
operators of Class I hazardous waste injection wells who violate the
UIC regulation or their permits may be subject to enforcement pur-
suant to the Solid Waste Disposal Act (including section 3004(v),
3008, 3013, 7002 and 7003), again because the UIC regulations for
hazardous waste injection were promulgated, in part, pursuant to
the Solid Waste Disposal Act.
Solid Waste Disposal Act enforcement authorities such as section
3008 are already available to enforce against violators of the Class
IV well ban, because the EPA rules b nning these wells were pro-
znuigated pursuant to the Solid Waste Disposal Act, as well as the
Safe Drinking Water Act, and therefore are requirements of sub-
title C of the Solid Waste Disposal Act which are enforceable under
section 3008. This amendment will clarify beyond any doubt that
section 7 O10(c) as previously enacted in 1984, was not intended to
remove the authonty to enforce against violators of the Class IV
ban under other provisions such as section 3008 of the Solid Waste
Disposal Act.
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REGUZ.4TION OP STATE PROGR J.j3 , ,T -v\ -
Szc. 1426. (a) No later than 18 months after enactment of the S, — 1
Safe Drinking_Water Act Amendments of 1985, the Adrngrtjstrnt,y. -
shall revise regulations issued under this Act to require grow (co Li -O 1
wat monitoring at locations and in such a way that would pro-
vide the earlist possible detection of fluid migration into, or in the
direction o/ underground drinking water sources from a class J in- 5 ’ R No ?1
jection we 1 unless the Administrator or delegated State authority
concludes, on the basis of the applicant ’s demonstration, that sucft 1
monitoring ‘a not nec a7y because no votentuj I exists for migration . ç, ,
from the injection zone that may be ful to human health or
the environment.
P ‘ ‘ (b) The Administrator shall submit a report to Congress no later
than September 1987, summarizing th, results of St ate surveys, cur-
rently required by the Administr ,, ., S years after the delegation of 00033 1
the program, under this section to avrimwy Late enforcement au-
thority. The report shall include the allowing information.-
(1) the numbers and categorie, of class V wells which dis-
charge nonhazardou,, waste into or above a u underground
source of drinking water,
(2) the primary contamjrgap n problems associated with dif-
ferent categaries of these disposal wells, and
(8) recommendations for minimum design, construction, in-
stallation, arid siting requzre n that s....uld be applied to
protect wrderqround 8ources of drining water from such con-
tamination W rever necessazy.
PART C—Pa(yr cnoN OP UNDKRGROUND SOURC 07 DRINKING
- WATER
REGULATIONS FOR STATE PROGRAMS
Sac. 1421. (aXi)
S S S S S S S
(bX l)’’
(2) Regulations of the Administrator undQr this section for State
undergrou.nd injection control programs may not prescribe require-
ments which interfere with or impede—
(A) the underground injection of brine or other fluids which
are brought to the surface in connection with oil or natural gas
production, or natural gas storage opemtwns , or
(B) any underground injection for the secondary or tertiary
recovery of oil or natural gas,
unless such requirements are essential to assure that underground
sources of drinking water will not be endangered by such injection.
• STATE PRIMARY ENP0RCg ass ONSIBILiTY
Sac. 1422. (a) ‘
• S S S • S S
(c) If the Administrator disapproves a State’s program (or part
therebf) under sub cti o (bX2), if the Administrator determines
under subsection (bX3) that a State no longer meets the require-
ments of clause (i) or (ii) of subsection b* IXA), or if a State fails to
submit an application or notice before the date of expiration of the
period specifie j in subsection (bXl), the Administrator shall by reg-
ulation within 90 days after the date of such disapproval, determi-
nation, or expiration (as the case may be) prescribed (and may from
time to flnie by reguJ tion revise) a program applicable to such
State meeting the reqturemen of section 1421 (b). Such program
may not include requ1rernen which interfere with or impede—
(1) the underground injection of brine or other fluids which
are brought to the surface in connection with oil or natural gas
PrOduction, or natural gas storage operatwn .s, or
(2) any underground injection for the secondary or tertiary
- recovery of oil or natural, gas, -
unless such requ1reme are essential to assure that underground
sources of drinkiy water will not be endangered by such injection..
Such progra.n shall apply in such State to the extent that a pro-
gram adopt by suth State which the Administrator determines
meets such require e is not in effect. Before promulgating any
r u1at,on under this section, the Administrator shall provide op.
POrtunity for public hearing respecting such regulation. I
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U UJJ_
,L4L
OFTIONAj D MON8TR ON BY STAT 8 R T1No TO OR. OR NATtTILAL
GAS
SRc. 1425. (a) For purposes of the ActminiRtrator’s approval or dis-
approval under section 1422 of that portion of any State under-
ground i $ection control program which relates to—
(1) the underground injection of br2ne or other fluids which
are brought to the surface in connection with oi.l or natural gas
production, or natural gas storage operations, or,
(2) any underground injection for the secondary or tertiary
recovery of oil or natural gas.
in lieu of the showing required under subparagraph (A) of section
1422(bXl) the State may demonstrate that such portion of the State
program meets the requirements of subparagraphs (A) through (D)
of section 1421(bXl) and represents an effective program (including
adequate recordkeeping and reporting) to prevent underground in-
jection which endangers drinking water sources.
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2 Lt A.4 O eLt CC cL
\ t-3( ,3 (cIc A L a eras
(v LU C i: .
PROTECTION OF NDERQROt ND
8OUBC OP DP.2 Q WATER
a rIzcTs J 01 an cLooir o X1cTio o
aALaI . ow. waa wo PtGOLArIol 0 , TTAtZ
. 10. (a.) &ectlciri l421(b 3 A ), section
1422tcX1). and aecticO 1425ax ii of the
Safe Drin g Water Act are each amended
by lnaertjng “or natural gas storage oper-
&tioti 5’ after “production.
(b) Part C of the Sate Drtnkfl,g Water Act
U amended by adding at the end tnereof the
following new sectIons
R0Rr3moi,o RAZAItOOCS 0. ST!
Szc. 1428 (a) No haaa ous waste may be
disposed 0! by underground injection—.
(1) tote a formation which contajn
(within one quarter mile of Use welj used for
auch underground ijecuoni an under-
ground souree of drtiakln .g w%ter or
“(2) above such a for-m.a .tion_.
The prohibitions estabth ed tinder ths
aecUon abali take elf ect 8 month.s after the
eacuneos of the Hazardous and Solid
Wa.ste Amendments of 198.5 except In the
case of arty State to wrijch identica . ) or more
stringent Probibitioca are In effect before
such date The prohibition established
under Us ia ubseetion shall be treated for
purposes of thi, Act as a prohibit ion estab-
lished pursuant to an appllca le under-
ground Injection program
“(b) Subsection (a) aball not apply to the
injection of contaznjnaae ground water into
the aquifer from which It was Withdrawn.
If—
• (1> such tnjectlon 1 —
“‘A) a respor.ae action taken wider se ction
104 or 108 of the Cornprehenjw Ereiron-
mental Response. Comper.sat.on and Liabil-
ity Act of 1980 or
51 part of correcthe action required
under the SolId Waste Di .cpoaal Act Intend
ed to c.ean up suc’i contamination
• (2) SUCh contammated grOund water is
treated to sub Stantially reduce hazardous
Constituents prior to such Injection and
• (3) such response action or correctl-e
action a-ifl upon completion be sufficient to
protect human health and the env lrGrunent
‘C)(I) Each Stare whiCh ass nes prlr-ary
erfo- em nt respor i .j y under this Act
shall adopt a prog’-afli to car’-y out the pro-
hb,tion e hoit 5hed under paragrap’s (1)
LId (2) of s - a unJess zucn State
as adopted ajid is carrying ou a more
rL - gent prohibitioni
2, The Administrator 31ai protu :te
regulations to carry out the proi’ibtt’o S es
tSOiLShed under pe .ragmp (ii arid (2’ of
al or each State which -tot
eXercl.siJ%g primary enforcement rrspc-’ L1
ity under U Act for enforcement of such
rOhibItloos
di Tht term ttt ) a art e as used to
this eetiofl mea any hasar-dous waste as
defined tn the Solid Waste Dtsposaj Act
L cV ,3,t i )
which (a listed or Identified under seetlo
3001 of that Act. -
ZGVt .sflo or 1Ta G&a $
Sac 1427 (1) No ii months
after enactment of the - Water
Act Amendments of 1985. .i1u rJ-ator
shall revise regulations I sd under this
Act to require ground wat monJtori at
locations and In such a way that would pro-
vide the earliest přs sible detection of fluid
migration into. or in the direction of under
ground druixing aster soi..rces from & Ca.ss
I inject:on well unlesa trie A iisti-a:or or
delegated State authorit concludes, on t-e
basis of the appl:cant s demonstration that
such monitoring Is not necessary because no
poteitial exLsu for migration from ti’e in-
jection zone that may be harmful to human I
health or the environment
(hi The Administrator shall submit a
report to Congress no later than Septemoer.
1987 summarizing the restlus of State stir
ve s currently required by the Adnut- .rst-a-.
tor three years after the delegation of the
progr am under this section to a p’ma.ry
State enforcement authorty The report
shall include the following utfor’nation
(lithe numbers and categories of Class V
aelLs which discharge nonnazardous waste
into or above an undergrot nd Source of
drinking water
(2) the primary contam .rat’on probler’.s
associated with different categories of these
disposal ae [ ls and
ii) recommendations for minimum
design. construction installation ana siting I
requirements that should be applied to pro-
tect ground water from such contamination
wherever necessary
p, L .O
1*
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S
Lit) U.) . 4
A w urr No 6
Part C of the Sate Drink,ng Water Act is
amended by adding at the eno r.vr ot the
following new section
8RI (I DISPOSAL PROGRAM SrODY”
‘Sac. . (aX 1) The Administrator shall
conduct a study of the current s:orsge and
disposal reqwremenu and pra tic s of brine
associated with oil or natural vs., e’eplora.
Lion, production, or reco’.ery L 1 those States
In which oil or natural exploration, pro-
duction, or recovery occurs,
‘(2) Such study shall Identify. using cur.
rently avaLlable dais. tho e S;a es .n which
existing underground dru,jurg cupplies are
subject to contammat.on. al:i n may hate
an atherse effect on hun - . . ,-s health, by
heavy metaLs or total ds.sc s’i olrd,s from
the current storage and di.jp.,sal of bnne
The result.s of such study shall be subm. ted
to the Ccngress withi.n 9 months of enact
ment
“(bXl) Within 180 days of completion of
the study, If such contamination is found,
the Administrator shall issue guidelines for
making a demonstration that an effective
program, including adequate enforcement,
is being implemented to protect the public i
health and en%irounlent (runs adverse ef ’I
(ecu resulting from the storage and disposal I
of brine, associated auth oil or natural gas
exploration, production, and recovery.
ahich is not controlled bY an existing un-
dergrourid injection control program.
(2) The A .rnuflistrator SiSail notify those
Sta s identiIied as haiirig a sigruficant conS
taminat on problem Ltt subsection (at2 ) at
the san-c time that he issues g idelines
unler suosection ‘b)( 1)
(3) Within 12 months of receiting notIfi-
cation such States shall demonstrate to the
Administrator that they are implementing
an effective program in accortia.nce with
guidelines issued under (b>( 1)
(4 If any State required to demonstrate
an effective program under this section,
fail,, to make such a demor,stration within
the specified time the Administrator shall,
after 90 days (or notice and opportunity (or
comment promulgate a program for that
State to achieve the goals in thi section.
(5i :r after a States demori,stratlon Is ap-
proved by the Administrator he determines
that the State has failed to maintain an ef-j
fective program in accordance auth subsec-t
tion (b)q). he may exercise the authority of
subsectidn (a) of Sectior 1422 In the same
manner a.s provided in such suosecluon.
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- HC - . - 2o/
S 1 ?Ep. WO. . ,LFI, 4- ’ 2 -Cl 2,-59((i ?’-1
O O 335
4 PART C—PROTECTION OF U1S ERGROUND SOURCES OF
5 DRINKING WATER
O RESTRICTIONS ON UNDERGROUND iNJECTION OF HAZ-
7 ARDOUS WASTE AND REGULATION OF STATE PRO-
8 GRAMS
9 SEC. 11. (a) Section 1421(b) (2) (A), section 1422 (c) (1),
10 and section 1425(a) (1) of the Safe Drinking T’Vater Act are
11 each amended by inserting “or natural gas storage oper-
12 ations” after “production ‘
13 (b) Part C of the Safe Drinking Water Act is amended
14 by adding at 1/ic end thereof the following new sections:
15 “RESTRICTIONS ON IJAZrIRDQUS WASTE iNJECTION
16 “SEc. 1426. No hazardous waste may be disposed of by
17 underground injection above or into a formation which con-
18 tains (within one quarter mile of the injection well bore,) a
19 drinking water source. Injection of contaminated ground
20 waler into the aquifer from which it was withdrawn may be
21 allowcd tf 1/ ic ildm in is! ru/or (Ic1C1 ’m ifles, pit i ’s lion! to J)1OCe-
22 (lilieS (l/)/)1’OVcil under 1/Hs Act 01’ 1/ic Solid IV(isfC Disposal
13 Ac! or 1/ic Coni nc/ien ii’c Enr,i’on mental l?CS/)OIISC, (Join—
24 /)CflSalion C/lu! L iabilily I el, thai S tIC/i inje(110fl iS (Ifi (1/)/fl ’O—
2;) /)I ’i(lt C (1)1(1 Cli i’ilOfl lllCfl/(l//iJ (I(’CC/)lubfe (IS/)(( ’t of a chu I I 1 1/),
U ic nuira I. or rem edta I ic/ ion fom I/i c co li/U tfl 111(1 i / u ii ifer. ‘1/ic
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030336
1 prohibition established under this subsection shall take effect
2 6 months after the enactment of this sect ion except in the case
3 of any State in which identical ,rohjbjtjons are in effect
4 before such date. Tue term ‘hazardous waste’ used in this
S section means any hazardous waste, as defined in the Solid
6 Waste Disposal Act, which is listed or identified under sec-
7 (ion 3001 of that Act. The prohibition established by this
S subsection s/ all be treated for purposes of this Act as a prohi-
9 bition established pursuant to an applicable underground in-
10 jection program.
11 “REGULATION OF STATE PROGRAMS
12 “SEC. 1427. (a) No later titan 18 months after enact-
13 meal of the Safe Drinking Water Act Amendments of 1984,
14 liw Administrator shall revise regulations issued under this
15 Act to require monitoring at locations and in such a way that
16 would provide the earliest possible detection of fluid migra-
17 lion into, or in the direction of, underground drinking water
13 sources from a class I injection well unless 1/ic Administrator
19 Or (lelegated State authority concludcs, oh (he basis of 1/ic
20 (u/)/)liCanl ‘ S dciiionsticition, (hat monitoring is not necessary
2 1 h er1t 1/SC 110 7)0/en tail exists ftir in içp a I ion froni 1/ic injection
.22 coii (‘ IF? (/ i/till lilieS (fiat 111(11/ be ha m l ) ? ! / 10 1,11111/Ill lieu I//i Or
2; t/, ‘nmi’ (.
24 ‘‘(7,) 7’/uj .1 (fin /i ? istr(/fw• s/ii// .snbin it a report to Con-
2 J lJi?’. . 110 lulci I/iiiii LS’r/;te ill/ni; I ,O82 X II Iii 11l(IiiZi fl [ / 1/ic i i’s tills
2 (1/ S’/ufc sli rrrqs, li i neat/i, i’c /u iiccf In, I/i c I (liii i/ I i t1(ilOi,
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7
‘.J JJ,)
L4 ?
1 three years after the delegation of the program, under this
2 section to a primary State enforcement authority. The report
3 shall include the following information:
4 “(1) the numbers and categories of Class V wells
5 which discharge nonliazardous waste into or above an
6 underground source of drinking water
7 “(2) the primary contamination problems associ-
8 ated with different categories of these disposal wells,
9 and
10 “(3) recommendations for minimum design, con-
11 struction, installation, and siting requirements that
12 should be applied to protect ground wa /cr from such
13 contain mat ion mu erever necessary. ‘
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S L1WFZ 11 J.ICSLrLCLLUU,5 Ofl Undegroz2nd injection o/ hazardous waste
and regulation of State programs
This section establishes a prohibition on the disposal of hazard-
ous waste into or above a formation which contains an under-
ground source of drinking water (USDW) within one-quarter mile
of the injection well bore. This constitutes a Federal ban on all , ..,
Class IV wells, as currently defined in 40 C.F.R. Section 144.6(d), LI ..J J J , )
except for wells, that are exempted under 40 C.F.R. 144.13(c). Injec-
tion of contaminated ground water into aquifer from which it was
withdrawn may be allowed as a part of an approved clean-up, re- 2.. 2-0
moval or remedial action under the Solid Waste Disposal AcCof the
Comprehensive Environmental Response, Compensation and Liabil-
ity Act. This prohibition is to take effect six months after enact- S. ‘° • ii
ment except in States where identical prohibitions are already in ç
effect. C h ( yy
The bill also addresses Class I activities which involve injection J
of hazardous and non-hazardous waste below a USDW. EPA esti- - H C l
mates that Class I injection is the method for disposal of about 57
percent of the hazardous waste disposed of annually in the U.S.
CurreLlt EPA regulations require pressure monitoring within the P
injection well annulus in order to provide an early warning of any
i k that might develop in the well casing. Internal pressure moni-
tors wL 1 l not provide an indicaiton of a leak into overlying USDWs
from other mechanical failures or hydrogeologic disturbances. The
Committee heard testimony from UIC State program representa-
tives and industry witnesses indicating the need for ground water
monitoring in some cases and the need for flexibility in making
such site-by-site determinations. This section requires EPA to
amend current UIC regulations to require ground water monitor-
ing, in such a way to provide the earliest possible detection of mi-
gration into or in the direction of an USDW unless the EPA or the
delegated State authority concludes, on the basis of the applicant’s
demonstration, that monitoring is not necessary because no poten-
tial exists for migration from the injection zone into a USDW in
quantities that may be harmful to human health and the environ-
ment.
This provision is not intended to modify requirements for annu-
lus and other types of monitoring which provide a fundamental
check on the mechanical integrity of the well under existing EPA
and State regulations.
The required change in regulations would be an additional re-
quirement to make a showing to the State or EPA that hydrogeo-
logic and injection conditions are such that ground water monitor-
ing is not necessary because no migration will occur from the injec-
tion zone. This section also requires that EPA submit a report on
practices of disposal of non-hazardous waste into or above a USDW.
Such practices are classified as Class V under the UIC program
The Class V category includes diverse types of non-hazardous dis-
posal including industrial and agricultural drainage, and air condi-
tioning return flows. The Committee heard testimony and has been
provided additional information on the existing and potential
ground water contamination problems associated with Class V
practices. EPA has not issued specific regulations for design, con-
struction, installation, or siting requirements fQr Class V wells as
necessary to protect USDWs. This report, which will be based on
State surveys of Class V wells now in progress, will be useful in
determining the need for minimum Class V requirements The
report to the Committee is to consist of a categorization of different
types of Class V wells, an identification of problems associated with
such wells, and recommendations for minimum requirements.
This section also includes an ahiendment to three provisions of
Part C of the Safe Drinking Water Act relating to the regulation of
underground injection of brine which is brought to the surface
from natural gas storage operations.
Current law limits Federal regulation of State UIC programs
which might interfere with or impede the underground injection of
brine or other fluids which are brought to the surface in connec-
tion, with, oil or natural gas productioi’ unless such requirements
are essential to assure that USDWs wih not be endangered by such
injection.
This amendment applies the same regulatory limitations to the
reinjection of brine which is brought to the surface with stored gas.
The Committee makes this change for purposes of consistency and
it, in no way, alters or affects prescribed duties to assure that
USDWs will not be endangered by an underground injection.
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‘S 1
o n- - 2 -OI
. 2- ( L4 c 2- c C I i 2
9 RESTRICTIONS ON UNDERGROUND INJECTION OF HAZ-
p I 2
10 ARDOUS WASTE AND REGULATION OF STATE
11 PROGRAMS
12 SEC. 9. (a) Part C of the Safe Drinking Water Act is
13 amended by adding the following new sections:
14 “RESTRICTIONS ON HAZARDOUS WASTE INJECTION
15 “SEC. 1426. No hazardous waste may be disposed of by
16 underground injection above or into a formation which con-
17 tains (within one-quarter mile of the injection well bore) a
18 drinking water source. Injection of contaminated ground
19 water into the aquifer from which it was withdrawn may be
20 allowed if the Administrator determines, pursuant to proce-
21 dures approved under this Act or the Resource Conservation
22 and Recovery Act or the Comprehensive Environmental Re-
23 sponse, Compensation and Liability Act, that such injection
24 is an appropriate and environmentally acceptable aspect of a
25 cleanup, removal or remedial actfon for the contaminated aq-
26 lifer. The prohibition established under this subsection shall
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5 . 1 ( 4 od. & ce
UjLJJ
1 take effect six months after the enactment of this section
2 except in the case of any State in which identical prohibitions
3 are in effect before such date. The term “hazardous waste”
1 9
4 used in this section means any hazardous waste, as defined in
5 the Solid Waste Disposal Act, which is listed or identified
6 under section 3001 of that Act. The prohibition established
7 by this subsection shall be treated for purposes of this Act as
8 a prohibition established pursuant to an applicable under-
9 ground injection program.
10 “REGULATION OF STATE PROGRMIS
11 “Sr c. 1427. (a) No later than 18 months after enact-
12 ment, the Administrator shall revise regulations issued under
13 this Act to require the follo\ving:
14 “(1) restoration of ground water quality after the
15 termination of class Ill operations such that under-
16 ground drinking water sources in the prescribed loca-
17 tion will exceed national primary drinking water regu-
18 lation or any other unregulated contamination which
19 the Administration determines may pose adverse health
20 effects to persons.
21 “(2) moiiitoring of underground dsinJdng water
22 sources down gradient from a class I injection well.
23 “(b) Scctjoii 146.4(c) of title 40 of the Code of Federal
24 Regulations, as in eff; et as of the date of enactment, shall not
25 apply after such date.
z Ci I
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‘ .2.( L4 I
1 “(c) The Administrator, ip cooperation with the State,
2 shall compile and, not later than 3 months after the date of p. 2 0
3 enactment of these amendments, submit to the Committee on
4 the Environment and Public Works of the United States
5 Senate and the Committee on Energy and Commerce of the
6 United States House of Representatives, an inventory of all
7 wells in the United States which inject hazardous wastes.
8 The inventory shall include the following information:
9 “(1) the location and depth of each well;
10 “(2) engineering and construction details of each,
11 including the thickness and composition of its casing,
12 the width and content of the animlus, and pump pres-
13 sure and capacity;
14 “(3) the hyd.rogeological characteristics of the
15 overlying and underlying strata, as well as that into
16 which the waste is injected;
17 “(4) the location and size of all drinking water
18 aquifers penetrated by the vell, or within a one-mile
19 radius of the well or within two hundred feet below the
20 well injection point;
21 “(5) the location, capacity, and population served
22 by each well providing drinking or irrigation water
23 which is withi a five-mile radhis of the injection well;
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0033.12
1 “(6) the nature and volume of the waste injectedi
2 during the one-year period immediately preceding the
3 date of the report;
4 “(7) the dates and nature of the inspections of the
5 injection well conducted by independent third parties or
6 agents of State, Federal or local governments;
“(8) the name and address of all owners and oper-
8 ators of the well and any disposal facility associated
9 with it; and
10 “(9) such other information as the Administrator
11 may, in his discretion, deem necessary to define the
12 scope and nature of hazardous waste disposal in the
13 United States through underground injection.
14 “(b) In fulfilling the requirements of subsection (a)(3)—
15 (5), the Administrator need only submit such information as
16 can be obtained from currently existing State records and
17 from site visits to at least twenty facilities containing wells
18 which inject hazardous waste.
19 “(c) The States shall make available to the Adinimstra-
20 tor such information as he deems necc sary to accomplish the
21 objections of this section.”.
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‘ _ C I
Nc. _ \C ,q 4 h
RESTRICTIONS ON UNDERGROUND INJECTION OP HAZARDOUS WASTE AND REGULATION OF
STATE PROGRAMS
SEC 201 Part C of the Safe Drinking Water Act is amended by adding the follow-
ing new sections at the end thereof
“RESTRICTIONS ON HAZARDOUS WASTE INJECTION
“SEC 1426 No hazardous waste may be disposed of by underground injection
above or into a formation which contains (within one-quarter mile of the injection
well bore) a drinking water source except that injection of contaminated ground
water into the aquifer from which it was withdrawn may be allowed if the Adminis-
trator determines, pursuant to procedures approved under this Act, the Solid Waste
Disposal Act, or the Comprehensive Environmental Response, CompensatIon and Li-
ability Act of 1980, that such injection is an a opr late and environmentally ac-
ceptable aspect of a cleanup, removal or remedial action for the contaminated aqui-
fer The prohibition established under this subsection shall take effect six months
after the enactment of this section except in the case of any State in which identical
prohibitions are in effect before such date The term ‘hazardous waste’, as used in
this section, means any hazardous waste (as defined in the Solid Waste Disposal
Act), which is listed or identified under section aooi of that Act The prohibition
established by this section shall be treated for purposes of this Act as a prohibition
established pursuant to an applicable underground injection program
“REGULATION OP STATE PROGRAMS
“SEC. 1427 (a) Not later than 18 months rifte- enactment of the Safe Drinking
Water Act Amendments of 1984 the Admiiiist ator shall revise regulations issued
under this section to require monitoring of underground injection wells in such
manner and in such locations as deemed appropriate by the Administrator so as to
provide the earliest possible detection of fluid migration into, or in the direction of,
an underground source of drinking water
‘(b) The AdmInIstrator, in cooperation with the State, shall conduct an inventory
of all wells in the United States which inject hazardous wastes The inventory shall
include such information as the Administrator may, in his discretion, deem neces-
sary to define the scope and nature of hazardous waste disposal in the United States
through underground injection A report summarizing the results of such Inventory
and making recommendations, if necessary, to protect underground sources of
drinking water from hazardous waste migration from underground injectIon wells
shall be submitted to the Congress not later than 9 months after the date of the
enactment of the Safe Drinking Water Act Amendments of 1984
“(c) The States shall make available to the Administrator such information as he
deems necessary to accomplish the objectives of this section The Administrator
need not be limited to such information in conducting the inventory referred to in
subsection (b)’
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kR. P. N . c ‘ 4 Zd
- o t Lf).
TITLE 11—PROTECTION OF UNDERGROUND SOURCES OF DRINKING WATER
Section 201
Under the 1974 Act, EPA was required to establish minimum re-
quirements for State programs controlling underground injection.
(Underground injection is the process of forcing liquids under-
ground through a well). Improperly done, underground injection
can contaminate drinking water supplies EPA was required to en-
force the minimum requirements directly in States that did not
adopt them. To date, twenty-six States operate their own programs.
In May, 1984, EPA issued a final rule establishing EPA-adminis-
trated programs in twenty-two other States and territories 19
Section 201 prohibits the disposal of hazardous waste above or
into a formation which contains a drinking water source within
one-quarter mile of the injection well bore. This section enacts into
Federal law a ban on all Class IV wells, as defined currently in 40
C.F R Sectibn 144 6(d), except for such wells as exempted under 40
CF R. Section l 44 .13(c). This section is not intended and shall not
be interpreted to in any way relax the current regulations regard-
ing Class IV wells. The Federal ban herein enacted is immediately
effective six months after enactment of this legislation. This ban
shall automatically become a part of all applicable underground in-
jection control programs as defined in Section 1422(d).
Injection of Contaminated groundwater into the aquifer from
which it was withdrawn may be allowed if EPA determines it is an
appropriate and environmentally acceptable aspect of cleanup
under RCRA and Superfund The Committee expects that EPA will
not normally allow the injection of hazardous substances into an
aquifer that contains an underground source of drinking water.
The Committee reaffirms that the term “underground injection”
does not include the underground injection of natural gas for pur-
poses of storage
Within 18 months of enactment, EPA must require monitoring of
underground injection wells in such a manner and in such loca-
tions as deemed appropriate by the Administrator. The Committee
intends that monitoring should be conducted so as to provide the
earliest possible detection of fluid migration into or in the direction
of an underground source of drinking water The Committee ex-
pects that in some cases such monitoring may include not only con-
tinuous monitoring of the integrity of the well materials, but also
monitoring of underground drinking water sources down gradient
from or penetrated by a Class I injection well.
This section also requires that the Administrator, in Cooperation
with the States, must conduct an inventory of all wells in the
United States which inject hazardous wastes. A report summariz- P ‘—
ing the results of suc inventory and making recommendations i
necessary to protect underground sources of drinking water mus
be submitted to the Congress within nine months after enactment.
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H c 1 ; C 1 - i o
R. / 2 C
9 TITLE fl—PROTECTION OF UNDERGROTTND
10 SOURCES OF DRINKING WATER
11 RESTRICTIONS ON UNDERGROUND INJECTION OF HAZARD-
12 OTJS WASTE AND REGULATION OF STATE PROGRAMS
13 SEC. .201. Part C of the Safe Drinking WTater Act is
14 amended by adding the following new sections at the end
15 thereof:
16 “RESTRICTIONS ON 1-IAZARDOUS VASTE INJECTION
17 “SEc. 1426. No hazardous waste may be disposed of by
18 underground injection above or into a formation which con-
19 talus (within one—quarter mile of the injection ve1l bore) a
20 drinking water Source except that injection of contaminated
21 ground water into the aquifer from which it was withdrawn
22 mmmv be allowc(1 if tile Administrator determines, [ )ursuaiit to
23 procedures approved under this Act, the Solid Waste l)ispos—
24 :i 1 Act, or ii ic Cotiiprchens lye E II I ron inenta 1 R csl)ollsc,
2:5 ( )mpeIIsat ion a ml i iahiii ty A c of 1980, I hut .SLIcI1 injection
i all :lpplOpri .lte and Cll\ iroiiinetitallv aceeptuhie asl)ert 0! a
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14.5 Cj 5 C a - A1 & u, 0 -‘
L1 .)46
1 cleanup, removal or remedial action for the contaminated aq-
2 uifer. The prohibition established under this subsection shall ‘ 0
3 take effect six months after the enactment of this section
4 except in the case of any State in which identical prohibitions
5 are in effect before such date. The term ‘hazardous waste’, as
6 used in this section, means any hazardous waste, (as defined
7 in the Solid Waste Disposal Act) which is listed or identified
8 under section 3001 of that Act. The prohibition established
9 by this s ection shall be treated for purposes of this Act as a
10 prohibition established pursuant to an applicable underground
11 injection program.
12 “REGULATION OF STATE PROGRAMS
13 ‘SEC. 1427. (a) Not later than 18 months after enact-
14 ment of the Safe Drinking Water Act Amendments of 19S4
15 the Administrator shall revise regulations issued under this
16 Section to require monitoring of underground injection wells
17 in such manner and in such locations as deemed appropriate
18 by the Administrator so as to provide the earliest 1)OSSible
19 detection of fluid migration into, or in the direction of, an
20 ii fl(lerg i on iid Son rce of driii king \vator.
21 ‘ ‘(h) TIre A l iuiiiiist r:i br, in Cooperation \Vi [ II the S tate,
22 shall conduct an illvclitorv of all velIs iii lire United Slates
23 \\‘lIielI inject h:izardnir 5 wastes. The iiivenborv shall include
?4 ii Ij l!lh)rllIal ion as 11w .\(lI11i11I lrator iiav, in his (lI Ui (‘ [ ion,
2i5 deem riccessaiv to hhne the scope arid nature ol IIaZLNluUS
\\ :1St( ’ li i)o :rl in the I llit e(I N:itcs }iroii li Lili(ICrL r0I1j1(l in-
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1 jection. A report summarizing the results of such inventory
2 and making recomrnendatjoiis if necessary, to protect under-
3 ground sources of drinking water from hazardous waste mi-
4 gratipn from underground injection wells shall be submitted -
5 to the Congress not later than 9 months after the date of the
6 enactment of the Safe Drinking Water Act Amendments of
7 1984.
8 “(c) The States simli make available to the Admijiistra
9 tor such information as he deems necessary to accomplish the
10 objectives of this section. The Administrator need not be urn-
11 ited to such information in conducting the inventory referred
12 to in subsection (b).”.
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‘ 44, ( ‘i a.
21 TITLE 11—PROTECTION OF UNDERGROUND
22 SOURCES OF DRLNKIRG WATER
23 1IAZ4I.kDOUS WASTg INJECTION
24 SEC. 201. Part C is amended by adding the following
25 new section at the end thereof:
1 “UNOEROROIJND INJECTION OF IIAZARDOUa WASTE
2 “SEc. 1426. No hazardous waste may be disposcd of by
3 underground injection—
4 “(1) above or into a formation which contains
5 (within one quarter mile of the well used for such on.
6 derground injection) a drinking water source; or
7 12) under such a formation.
8 The prohibition established under paragraph (2) shall not
9 apply if the person injecting such hazardous waste establishes
10 to the satisfaction of the Administrator, or the State in the
11 case of a State which has assumed primary enforcement re-
12 spoasibility.for enforcement of such prohibition, that the in-
13 jection will not cause hazardous waste to migrate into drink-
14 ing water sources or otherwise endanger drinking water
15 sources. The prohibitions established under this subsection
16 shall take effect six months after the enactment of this eec-
17 tion except in the case of any State in which identical prohi-
18 bitiona are in effect under this part before such date. As used
19 in this section, the term ‘hazardous waste’ means any liaz-
20 arduu waste, as defined in the Solid Waste Disposal Act,
21 whi ii is listcf r identified under section 3001 of that Act.
2 The prohibition estabt shed by this subsection shall be treated
3 for J’urposcs of this as a prohibition established pursuant
I to ;i i ii 1 iphicabhii unde ’round inji’ction program.”.
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14 8OURCR OF DkLNKJNO WATER
15 SEc. 203. Strike out section 142 1(dX2) and substitute
16 the following:
17 11(2) Underground injection endangers drinking f)
18 water sources if—
19 “(A) such injection may result in the pres-
20 ence of any contaminant in a drinking water
21 source; and
22 “(B) the presence of such contaminant
23 may—
1 “(I) result in such systciii’s not comply. ,
2 ing with any national primary drinking water
3 regulation, or
4 “(ii) otherwise adversely affect the
5 health of persons.
6 13) The term ‘drinking water source’ means un-
7 - dorground water which—
8 “(A) supplies any public water system;
9 “(B) is capable of supplying any public water
JO system; or
11 “(C) may reasonably be anticipated to bq ci i -
12 pablo of supplying any public water system if such
13 system utilized technologically advanced treat-
14 ment which may become available.”.
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I SURFACE IMI ’OLJNImIENTS AFFECTINO UNDERGROUND I) ., U ) 0
2 SOURCE 3 OF’ DRINKING WATER
3 Sec. 205. 1 art C is amended by a4ding ihe following
4 new section at the end thereof:
5 “SURFACE iMPOUNDMENTS AFFECTING UNDERGROUND
6 SOURCEB OF DRINKING WATER
7 “S c. 1426. (a) The Adimnistrator shall promulgate
8 regulatiuns for State programs to prevent surface impound-
9 mcnts (as defIned in regulations of the Administrator under
10 the Solid Waste Disposal Act) which are not subject to regu-
11 lation under part C of the Solid Waste Disposal Act from
12 endangering drinking water sources within the meaning of
13 section 142 1(d)(2). Such regulations shall be coordinated with
14 other provisions of law governing such impoundments.
15 “(b) Each State may submit to the Administrator an
16 application to exercise primary enforcement responsibility
17 with respect to the regulations under subsection (a). if, after
18 notice and opportunity for llearing, the Administrator deter-
19 mines that the State has a4opted and will implement a pro-
20 gram which complies with the regulations wider subsection
21 (a), the Administrator shall approve such program.
22 “(c) If no State program is approved under subsection
23 (b), within 18 months after the date cn hich regulations are
24 promulgated in final form under subsection (a), or if any such
25 State program is subsequently disapproved, the Adininistra-
1 tor shall, after notice and opportunity (or pubic hicariiig, pre. —
2 scribe a program applicable to such State which Illects the
3 requirements of thic regulations under subsectiomi (a) auid
4 which shall remain in force and effect until such a State pro-
5 gram is approved.
6 “(d) The authontica of such section 1423 shall app 1 y (or
7 purposes of enforcing the programs under this soctiomi in the
8 same manner and to th same oxti nL as such authioritces
9 apply in the case of applicable underground injection
10 programs.”.
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I DIi I ’OSAL OP BRINE
2 SEc. 202. (a) PK0 IIIHITION.—Elfective six months
3 a(ter the date of the enactment of this Act, BeCtion
4 1421(U)(1) is amended by inserting the following new ubpar.
5 agraph after subparagraph (B) and redesignating subpara-
6 graphs (C) though (D) as (D) through (E) respectively:
7 “(C) shall prohibit the disposal of brine brought to
8 the surface in connection with oil by any means other
9 than underground injection in compliance with this
10 Act;”.
11 (b) C0NPORMINO AMENDMEWrU.—Section 1445(a) is
12 amended by striking out “(A.) through U))” and substituting
13 “(A) through CE)”.
1- ’’ t•’
L L.JJ51
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SEC. 202. ENFORCEMENT.
(a) MANDATORY EN ORC MK2.rr.—(1) Section 1423(aXl) of the Safe
Drinking Water Act is amended by striking out all after the first i c- 0 t c- H€l J1
sentence and substituting the following “If beyond the thirtieth day
after the Administrator’s notification the State has not commenced
appropriate enforcement action, the Admtniqtrator shall issue an
order under subsection (c) requiring the person to comply with such
requirement or the Administrator shall commence a civil action
under subsection (b) . ”.
(2) Section 1423(aX2) of the Safe Drinking Water Act is amended
by striking the words “he may commence a civil action under
subsection (bXl)” and substituting the following: “the Administrator
shall issue an order under subsection (c) requiring the person to
comply with such requirement or the Administrator shall com-
mence a civil action under subsection (b).”.
(b) CiVIL AND CRIMINAL AcrIoNs.—Sectjon 1423(b) of the Safe
Drinking Water Act is amended to read as fo l lows u.-
“(b) CIVIL AND CRIMINAL Ac ’rIoNs —Civil actions referred tO l ii \. c I A
paragraphs (1) and (2) of subsection (a) shall be brought in the
appropriate United States district court. Such court shall have i o — t
jurisdiction to require compliance with any requirement of an ap-
plicable underground injection program or with an order issued
under subsection (C). The court may enter such judgment as protec-
tion of public health may require Any person who violates any
requirement of an applicable underground Injection control pro-
gram or an order requiring compliance under subsection Ic)—
“11 shall be subject to a civil penalt of not more than S25,000
for each day of such tolation, and
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DWPc O O353
“(2) such violation is willful, such person may, in addition to
in lieu of the civil penalty authorized by paragraph (1), be
Imprisoned for not more than 3 years, or fined ,.n accordance
with title 18 of the United States Code, or both.”.
(c) AD IBTRATWE OaDgas.—Section 1423 of the Safe Drinking Al) M I i’4.
Water Act is amended by inserting the following new subsection oRO r-
immediately after subsection (b) and by redesignating the succeed-
ing subsection as subsection (d)
“(c) A tN1 r y ORDKBB.—(1) In any case in which the
Adminiitrator is authorized to bring a civil action under this section
with respect to any regulation or other requirement of this part
other than those relating to—
“(A) the underground injection of brine or other fluids which
are brought to the surface in connection with oil or natural gas
production, or
“(B) any underground injection for the secondary or tertiary
recovery of oil or natural gas,
the Administrator may also issue an order under this subsection
either assessing a civil penalty of not more than $10,000 for each day
of violation for any past or current violation, up to a nia- iznum
administrative penalty of $125,000, or requiring compliance with
such regulation or other requirement, or both.
“(2) In any case in which the Administrator is authorized to bring
a civil action under this section with respect to any regulation, or
other requirement of this part relating to—
“(A) the underground injection of brine or other fluids which
are brought to the surfa in connection with oil or natural gas
production, or
“(B) any underground injection for the secondary or tertiary
recovery of oil or natural gas,
the Administrator may also issue an order under this subsection
either assessing a civil penalty of not more than $5,000 for each day
of violation for any past or current violation, up to a mRzin uJn
administrative penalty of $125,000, or requiring compliance with
such regulation or other requirement, or both.
“(3XA) An order under this subsection shall be issued by the
Administrator after opportunity (provided in accordance with this
subparagraph) for a hearing. Before issuing the order, the Adminis-
trator shall give to the person to whoin it is directed written notice
of the Administrator’s proposal to issue such order and the oppor-
tunity to request, within 30 days of the date the notice is received by
such person, a hearing on the order. Such heanng shall not be
subject to section 554 or 556 of title 5, United States Code, but shall
provide a reasonable opportunity to be heard and to present
evidence.
“(B) The Administ,rator shall provide public notice of, and reason-
able opportunity to comment on, any proposed order.
“(C) Any citizen who comments on any proposed order under
subparagraph (B) shall be given notice of any hearing under this
subsection and of any order In any hearing held under subpara-
graph Ai, such citizen shall have a reasonable opportunity tobe
heard and to present e idence
‘(Di An order ‘s-ued under this subsection s’ -tall become effecti e
d .foIlo in its .-.•‘ice unless zn Jp7eal is tjKenfpursuant to
paragraph (3
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SD\’ JPI
. ‘(4XA) Any order issued under this subsection shall state with
j onable specificity the nature of the violation and may specify a
! saonnble time for compliance.
“(B) In assessing any civil penalty under tins subeectio , the
Administrator shall take into account appropriate factors, including
(i) the seriousness of the violation; (ii) the economic benefit (if any)
resulting from the violation; (iii) any history of such violations; (iv)
any good-faith efforts to comply with the applicable requirei,ien ;
(v) the economic impact of the penalty on the violathr and (vi) such
other matters as justice may require.
“(5) Any violation with respect to which the Administrator baa
commenced and is diligently prosecuting an action, or has issued an
order under this subsection assessing a penalty, shall not be subject
to an action under subsection (b) of this section or section l424 c) or
1449, except that the foregoing limitation on civil actions under
section 1449 of this Act shall not apply with respect to any violation
for which—
“(A) a civil action under section l449(aXl) has been flied prior
to commencement of an action under this subsection, or
“(B) a notice of violation under section 1449(bXl) has been
given before commencement of an action under this subsection
and an action under section 1449(aXl) of this Act is filed before
120 days after such notice is given.
“(6) Any person against whom an order is issued or who corn.
mented on a proposed order pursuant to paragraph (3) may file an
appeal of such order with the United States District Court for the
District of Columbia or the district in which the violation is alleged
to have occurred. Such an appeal may only be flied within the 30.
day period beginning on the date the order is issued. Appellant shall
simultaneously send a copy of the appeal by certified mail to the
Administrator and to the Attorney General. The Administrator
shall promptly file in such court a certified copy of the record on
which such order was imposed. The district court shall not set aside
or remand such order unless there is not substantial evidence on the
record, taken as a whole, to support the finding of a violation or,
unless the Administrator’s assessment of penalty or requirement for
compliance constitutes an abuse of discretion. The district court
shall not impose additional civil penalties for the same violation
unless the Administrator’s assessment of a penalty constitutes an
abuse of discretion. Notwithstanding section I448(aX2), any order
issued under paragraph (3) shall be subject to judicial review exclu-
sively under this paragraph.
“(7) If any person fails to pay an assessment of a civil penalty—
“(A) after the order becomes effective under paragraph (3), or
“(B) after a court, in an action brought under paragraph (6),
has entered a final judgment in favor of the Administrator,
the Administrator may request the Attorney General to bring a civil
action in an appropriate district court to recover the amount as-
sessed (plus costs, attorneys’ fees, and interest at currently prevail-
ing rates from the date the order is effective or the date of such final
judgment, as the case may be) In such an action, the validity,
amount, and appropriateness of such penalty shall not be subject to
review
S The Administrator may, in Connection ith administrative
proc’eedings under this subsection, issue subpoenas compelling the
attendance and testimony of witnesses and subpoenas duces tecum,
and may request the Attorçe General to bring an action to enforce
- Amy subpoena under this section. The district courts shall have
! jw -i iction to enforce such subpoenas and impose sanction.’.
(d) CONTORMING AMKNDi& wr.—Section 1423 of the Safe Drinking
Water Act is amended by striking the words “ *iwaz OF STATE TO
ASSURE” from the section heading.
O O334
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ti uU),J
c g
f- c
2-O2-
Further, there are certain enforcement -
provisions that I believe are of questionable
validity For example, the bill uses language
that suggests that some enforcement actions
are mandatory The principle of prosecuto. C t ‘c’ t” i -lfia C . niu
nal discretion is an essential ingredient in —
the e’cecution of the laws I believe that the r g ft.
Congress cannot bind the Executive in ad.
Vance and remove all prosecutoriaj discre.
tion ithout infringing on the powers of the I I C’
Executive. It is unrealistic to expect that
the EP will ever have the resources or the
need to take formal enforcement action
against each and every violation of the act,
without regard to how trivial the violation
or unfair an enforcement action woujd be.
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c - f.
) ?
C .
SEC. 202. ENFORCENE ’
(a) MANDATORY ENFORCEMENT ’1) Section l423(a%1) of the Safe p’
Drinking Water Act is amended by striking out all after the first
Sentence and subgtjtutz the following: “If beyond the thirtieth day
after the Administrotors notifIcation the State has not commenced
approprj enforceni nt action, the Administrr gc, shall issue on
order under subsection (c) requiring the person to comply with such
require n or the Admznjgt shall commence a civil action
under subsection (7,). ‘
(2) Section l428(aX2) of the Safe Drinking Water Act is amended
by striking the words “he may comme, a civil action under sub-
section (bXJT arid substituting the following: “the Adrnz, z trutor
8hall issue an order under subsection (c) requiring the person to
comply with such require n( or the Admjnist tor shall conirfle,ce
a civil action under subsection (b). ‘
(b) CIVIL ii o CRIMINAL Ac’rIONs._. tion 1423(7,) of the Safe
Drinking Water Act is amendeci to read as follows:
“(b) CIVIL AND CRIMINAL Ac-rJoNs.__CjU l actions referred to in
pamngrcpbs (1) arid (2) of subsection (a) shall be brought in the op.
proprzaee United States district court. Such court shall have june.
dktu,ri to require complian with any requirerne of an applicabis
Underground injection Program or with an order issued under sub-
section (c). The court may enter such judgment as protection of
public health may require. Any person who violateg any requirement
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r -‘ r 7
i WJjJ
of an applicable underground injectioncvntrol program or an order
requiring compliance under subsection (c)—
“(1) shall be subject to a civil penalty of not more than
$25,000 for each day of such violation, and
“(2) if such violation is willful, such person may, in addition
to or in lieu of the civil penalty authorized by paragraph (1), be
imprisoned for not more than 8 years, or fined in accordance . , I
with title 18 of the United States Code, or both. ‘
(c) ADMINISTRATIVE ORDERs.—&c jon 1428 of the Safe Drinking
Water Act is amended by inserting the following new subsection im-
mediately after subsection (1) and by redesi.gnatjng the succeeding
sub-section as subsection (d):
“(c) ADMINISTRATIVE ORDERS.—(7) In any case in which the Ad-
ministrator is authorized to bring a civil action under this section
wit /i respect to any regulation or other requirement of this part
other than those relating to—
“(A) the underground injection of brine or other fluids which
are brought to the surface in connection with oil or natural gas
production, or
“(B) any underground injection for the secondary or tertiary
recovery of oil or natural gas,
the Administrator may aLso issue an order under this subsection
either assessing a civil penalty of not more than $10,000 for each
day of violation for any past or current violation, up to a maximum
administrative penalty of $125,0(X), or requiring compliance with
such regulation or other requirement, or both,
‘Y2) In any case in which the Administrator is authorized to bring
a civil action under this section with respect to any regulation, or
other requirement of this part relating to—
“(A) the underg-rou,i4 injection of brine or other fluids which
are brought to the surface in connection with oil or natural gas
production, or
“(B) any underground injection for the secondary or tertiary
recovery of oil or natural gas,
the Administrator may also issue an order under this 8ubsection
either assessing a civil penalty of not more than $5,000 for each day
of violation for any past or current violation, up to a maximum ad-
ministrative penalty of $125,000, or requiring compliance with such
regulation or other requirement, or both.
“(SXA) An order under this subsection shall be issued by the Ad-
minist rotor after opportunity (provided in accordance with this sub-
paragraph) for a hearing. Before issuing the order, the Administra-
tor shall give to the person to whom it is directed written notice of
the Administrator’s proposal to issue such order and the opportuni-
ty to request, within 80 daye of the date the notice is received by
such person, a hearing on the order. Such hearing shall not be sub-
ject to section 554 or 556’ of title 5, United States Code, but shall
provide a reasonabl opportunity to be heard and to present evi-
dence.
“(B) The Administrator shall provide public notice of and reason-
able opportunity to comment on, any proposed order.
“(C) Any citizen who comments on any proposed order under sub-
paragraph (B) shall be gwen notice of any hearing under this sub-
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O J3.3
section and of any order. In any hearing held under subparagr aph
(A), such citizen shall hove a reasonable opportunity to be heard p
and to present evidence.
“(D) Any order issued under this 8Ubsection shall become effective
SO days following its issuance unless an appeal is taken pursuant to
paragraph (6).
‘Y4XA) Any order issued under this sub8ectzon shall state with
reasonable specificity the nature of the violation and may specify a
reasonable time for compliance.
“(B) In assessing any civil penalty under this subsection, the Ad-
ministrator shall take into account oppropriaje factors, including (i)
the seriousness of the violation,• (ii) the economic benefit (if any) re-
sulting from the viola ti .orç (iii) any history of such viola tions; (iv)
any good-faith efforts to comply with the applicable requiremen , .
(u) the economic impact of the penalty on the violato,7 and (vi) such
other matters as justice may require.
“(5) Any violation with respect to which the Administrator has
commen j arid is diligently prosecuting an action, or has issued an
order under this subsection assessing a penalty, shall not be subject
to an action under subsection (b) of this 8ectwn or section l4 2 4(c) or
14.49, except that the foregoing limitation on civil actions under sec-
tion 1449 of this Act shall not apply with respect to any violation
for which—
“(A) a civil action under section l44.9( X1) has been filed
prior to commencement of an action under this subsection, or
“(B) a notice of violation under section 144 9(bX l) has been
given before commen ment of an action under this subsection
and an action under section l449(aXl) of this Act is filed before
120 days after such notice is given.
“(6)Any person against whom an order is issued or wh comment.
ed on a proposed order pursuant to paragraph (3) may file an appeal
of s ac / i order with the United States District Court for the District
of Columbia or the district in which the violation is alleged to have
occurred Sac/i an appeal may only be filed within the SO-day period
beginning on the date the order is issued. Appellant shall simulta-
neously send a copy of the appeal by certified mail to the Adrninz ,s.
trator and to the Attorney GeneraL The Administrator shall!
promptly file in such court a certified copy of the record on which
such order was imposed. The district court shall not set aside or
remand 8uch order unless there is not substcintiol evidence on the
record, taken as a whole, to support the finding of a violation or,
unless the Administrator’s assessment of penalty or requirement for
complio,ice cortstitu an abuse of discretion. The district court
shall not impose additional civil penalties for the same violation
unless the Administrator’s assessment of a penalty constitutes an
abuse of dzscretion Notwithstanding section 1448(axg), any order
issued under paragraph (5) shall be subject to judicial review exclu-
sively under this paragraph.
“(7) If any person fails to pay an assessment of a civil penalty—
“(A) after the order becomes effective under paragraph (8), or
“(B) after a court, in an action brought under paragraph (6),
has entered a final Judgment in favor of the Administrator,
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o a359
the Administrator may request the Attorney General to bring a civil
action in an appropriate district court...to recover the amount as. t
sessed (plus costs, attorneys’fees, and intirest at currently prevailing
rates from the date the order is effective or the date of such final
judgment as the se may be). In such an action, the validity,
amount, arid appropriateness of such penalty shall not be subject to
review.
“(8) The Administri tor may, in connection with administrative I
proceedings under this subsection, issue subpoenas compelling the
attendance and testimony of witnesses and subjxenas duces tecum, I
and may request the Attorney General to bring on action to en forte I
any subpoena under this section. The district courts shall have ju.
risdict ion to enforce such subpoenas and impose san.ction. “.
(d) CONFORMING AMENDMEprr.— 5 jO 1428 of the Safe Drinking
Water Act is amended by striking the words “FAILURE OF STATE 77
ASS URE”from the section heading.
e -
CONE No. C 1 4k t_ cI(
SECTION 2O2— 4YoRc sx r
Senate bilL—The Senate bill amends section 1423 of the Act
which deals with enforcement of underground injection control pro-
gram requirements. The changes include: (1) stres mIinirig EPA en-
forcement procedures in States that have primary enforcement reJ
sponsibility; (2) requiring the Administrator to take enforcement
action whenever a violation is found and a State has not com-
menced appropriate action; (3) raising maximum civil and cnminaij
monetary penalties from $5,000 and $10,000 to $25,000 and $50,000,f
respectively, per day of violation, and adding authority to seekj
prison terms for criminal violations; (4) providing for imposition of!
penalties beginning on the first day that notice of a violation is
given to a violator, rather than waiting 60 days after notice is pro -i
vided, as in existing law; and (5) providing for administrative!
orders to require compliance with or to assess civil penalties of upj
to $125,000 for violations of the underground injection control pro-i
gram requirements or both.
House cmendrnent.—The House amendment amends section 1423
of the Act: (1) to require the Administrator to take enforcement
action whenever a violation is found and a State has not com-
menced appropriate action; (2) to increase civil penalties from
$5,000 to $25,000 per day of violation; and (3) to provide the Admin-
istrator authority to assess civil penalties that do not exceed $5,000
per day per violation.
Conference agreemML—The conference agreement adopts the
Senate provision with the deletion of the requirement that the Ad-
ministrator set aside an order issued to an injection well operator
and provide a hearing if, within 30 days of issuance of such order,!
evidence is presented by a citizen that such order was inadequate
or improper.
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‘U 5u )\10R IMIV1tI (14 PRib(,R M
(a) MANDATORY ENroRcgsq t-r_( ) Section
1 123a)(l)of the Safe DrinkIng Water Act ta
amended by striking out all after the first
sentence and substituting the following- “If
beyond the thirtieth day after the Adminis-
trator s notification the State has_not com-
menced appropriate enforcement action, the
Administrator shall issue an order under
subsection (dl requiring the person to
comply with such requirement or shall com-
mence a citil action. ‘iander subsection
(bi ll) -- -
(2) Section 1423(a)2) of the Safe Drink-
ing Water Act is amended by striking the
v.ords he may commence a civil action
under subsection (b)(l)’ and substituting
the follosting ‘he shall issue an order under
subsection (d) requiring the person to
comply aith such requirement or shall com-
mence a cit ii action under subsection
bull
(3) Secton 1423bufl of the Sate Drink-
ing Water Act is amended by striking out
the first sentence thereof and substituting
the (oiloaing ‘Citil actions referred to in
paragraphs (I) and (2) of subsection (a)
shall bi’ brought in the appropriate United
States district court and such court shall
hate jurisdiction to require compliance aith
an ri qiiiremeiit of an applicable under-
ground injection program -
ib) PENsisius—Sec ’tion 1423(bxi) of the
S’tfe Dnnking Water Act is amended by
striking in the last sentence “$5 000” and
substitu ting 52S,000 and by striking 60”
and substituting 30
It I Cit ii. ArrioN —Section 1423 of the
Safe Drinkine Water Act is amended by
adding the follo ing nt-v. subsection at thel
nd thereof
ud,t 11 In an case in a hich the Adrniiiis- i
irator is aiiihorize’d to bring a cii il action
iridi-r this sr tion a ith respect to any re-
ii iirt’rii’nt of an applicable Lndergroiind in-
u-i lion control program itw Adn )Ini’ ,Irs )r
tat al,o i sui ’ an crc, r to require com
ince ‘ ith tii h r”qtiurt’ment
(2) An order uied i’nder 1 its suibseer m i
sluan not ta u’ ( ‘tf 1 et until a’t.’r no) ice aid
Oppi)rtminr for public hearing and, in i
e ts,’ of a State hai i ,tg primar t’niorcr meet
ri’spon-,mbiluit- for undercround v .a r
sources (ti ithun the meaning of sectioum
1 bit 3) or l42Sti’ until after LIi. Admin-
Lstra (Or has proiidi’d the State aitli an op-
portunity to Confer a it)) the Ai’mijiisrra(or
regarding 11w proposed order cops’ of ant’
order propot’d to be isaui’d under this sub-
section shall be sent to the approorlaic
State agency intolted if the Slate has pri
mar) enforcement ru’sponsibmimt’. An order
is,siit’d undi’r this subset-liar s ’,iiI state u uth
reasonable cpm’cificut, the natuir-- of the tin
latiori In ant case in a )iich an order under
this subsection is issued to a coipora ) on a
copt of such order sham) be i’,sui d to appro
prinri- corporate officers
U ‘A) Aru person a I’o ‘- iotatr-s or tails
or r ,’Iuisc”. to compi, auth an order under
parmgrapti 2 shall be liable to the United
Stat.s for a cut ii pcnalt , of not more than
$ , 5 01)0 per dat of suolatuon
i B) ‘A liu’nt’t cr the cit ii penal)’, sought by
11w Administrator tinder this paracraph
dot’, not e ’cceed $5 000 the penaltl shall be
assessed by the Adn’inistrator after notice
and opportunit’ , for a hearing on the record
in at-. ordanre aith section 554 of title 5 of
tile United States Code
m Ci t’.hi ,necer the ciii) penalt, souitht b
the Administrator e’cceeds $5000 the penal-
t sliai b’- assessed b a citil actjon brought
by U ninmsrra or in the appropriate
Unit, -s district court as dm ’tm’rmint’d
iii;d,’ prot isions of title 28 of the
Uummi,’d ..i.s Codet
D If an’, person fails to pa an assess-
m ’nt of a cii 1 penalty after it has become a
final and unappeaiabie order, or after the
appropriate court of appeals has entered I
000360
final Judgment f favor of the Adznjnjstra
tor. the Attorney General shall recover the
amount for which 8uch person is liable in
any appropriate district court of the United
States. In any such action, Lhe talidity and
appropriaten of the final order Imposing
the civil penalty shall not be aublect to
review,”.
(dl CONP’ORMING AMEND rNT —Section
1423 of the Safe Drinking Water Act is
amended by striking the words “PAILURE OP
STATE TO ASSURE” from the section heading
r
.l( So c 4 .pc -Wc&
\ - tk- . 4
t Co &.
(a t925
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f
L. JJc)
c; o ct.A- C(tc ‘ti e c i zA 1 t ;e ’- ),-fl , - 2
\- “R4 (.19%ç ”)
SEC O2 E ’FORCEME’ - OF L’IC PROCRA
(a, MANDATORY ENS ’oRcEMENT.... (l) Section l 423 (aXl) of the Safe Drinking Water
Actjs amended by striking out all after the first sentence and substituting the fol-
lowing If beyond the thirtieth day after the Administrator’s notification the State
has not commenced appropriate enforcement action, the Administrator shall issue
an order under subsection (d) requiring the person to Comply with such requirerne
or shall commence a civil action under subsection (bXl)”
2 Section l 42 3a52) of the Safe Drinking Water Act is amended by striking the
words he may commence a civil action under subsection IbXl)” and substituting the
following ‘he shall issue an order under subsection Id) requiring the per-son to
Comply with such requirement or shall commence a civil action under subsection
3i Section 1423b)(1) of the Safe Drinking Water Act is amended by striking out
the first sentence thereof and substituting the following’ ‘Civil actions referred to
in parag-raphs(l)and(o) 0 fg 5 a) shall be brought in the appropriate United
States district court and such court shall have jurisdiction to require compliance
with any requirement of an applicable underground injection program
ib PE’ AL-I ’IES —Section l423 b 1) of the Safe Drinking Water Act is amended by
striking in the last sentence “$5,000” and substituting “$25,000’ and by striking
“60” and substituting ‘30”
Ic) Civit. Ac’rioN,_Section 1423 of the Safe Drinking Water Act is amended by
adding the following new subsection at the end thereof
“(dxl) In any case in which the Administrator is authorized to bring a civil action
under this section with respect to any requirement of an applicable underground
injection control program, the Administrator may also issue an order to require
compliance with such requireme
“(2) An order issued under this subsection shall not take effect until after notice
and opportunity for public hearing and, in the case of a State having primary en-
forcement responsibility for underground water sources (within the meaning of sec-
tion l422(b 3) or l425{cj; until after the Administrator has provided the State with
an opportunity to confer with the Administrater regarding the proposed order A
copy of any order proposed to be Issued under this subsection shalt be sent to the
appropriate State agency involved if the State has primary enforcement respongibil.
ity Any order issued under this subsection shall state with reasonable specificity
the nature of the violation In any case in which an order under this subsection is
issued to a corporation, a copy of such order shall be issued to appropriate corporate
officers
“(3XA) Any person who violates. or fails or refuses to comply with an order under
paragraph 21 shall be liable to the United States for a civil penalty of not more
than Ł25,000 per day of violation
“(B) Whenever the civil penalty sought by the Administrator under this para-
graph does not exceed Ł5,000, the penalty shall be assessed by the Administrator
after notice and opportunity for a hearing on the record in accordance with section
354 of title 5 of the United States Code
“(C) Whenever the civil penalty sought by the Administretor exceeds $5,000, the
penalty shall be assessed by a civil action brought by the Administrator in the ap-i
propriate United States district court (as determined under the provisions of title 28
of the United States Code)
“(D) If any person fails to pay an a ment of a civil penalty after it has becomej
a final and unappealable order, or after the appropriate court of appeals has en-
tered final judgment in favor of the Adxnmis%r-ator the Attorney General shall re
cover the amou for which such person is liable in any appropriate district court of
the United States, to any such action, the validity and nPPrOpriaten of the final’
order imp ing the civil penalty shall not be subject to review
of the Safe Dnnking Water ct is
amended by striking the words “?Mwa Or 8TA’i-z. o AS8URZ” from the section head.
ing
P, 01
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Rt k - \4I((DcO _
,. ‘
OuO , ,2
R p N 0 ,q i , ,
Section 202
Section 202 upgrades the enforcement program for underg’round
injection of fluids to be consistent with, the modifications made in,
Title I of the Act Under the bill, if a State fails to take appropriate 1
enforcement action within thirty days of EPA notification of a vio 1
lation, then the Administrator is required to issue an order or com-
rnence a civil action. Civil penalties are increased from S5,000 peru
each day such person violates a requirement of an underground in.
jection control program to $25,000 In addition, the Administrator
is given the authority to assess civil penalties that do not exceed
$5,000 per day per violation.
me jj
k t cUu c ‘ 2.
of nou to the 8 t4ie. to
I! the &a.te do sot. ( vfl p aj of up to
l0 cJ - 2 1 i 5 Rep. t’ - ecL 4
12&Ooo ei ’ dey Ire avaL e
Sr . ii. (axi) Section i423ax1) of the
Safe Drinking Water Act is amended by
striking out iii after the first sentence and
Substituting the (olioaing If beyond the
thirtieth day after the Administra rs noti.
ficatiori the State ha not Commenced ap.
propriat ,e enforcement action, the Adinints-
ratOr shall Issue ass order under subsection
1) requiring the person to comply with
,ich requirement or shall corrsmerice a civil
sction under subsection ((bRi, ‘] (b/
(2) Section 1423(a)(2) of the Safe Drink- S t - Lf - . a
ing Water Act is amended by striking the
sords “he may commence a civil action
under subsection )b iY’ and substituting —
,he following [ “he] the Adrninc ,s(rator
shall issue an order under subsection Ith ic- V \ . . ,) (ci
quiring the person to comply with such re-
qii lremer.t or shall commence a cit Ii action
LidCr Subse (-tion((b,(i)’](b, .- t L’4o (ct
((3 Section 1423(b)(I) of the Safe Drink-
ing Water Act is amended by striking out
:ie first sentence thereof and substituting
cl -v mowing Cicti actions referred to in
p’tiagr-tpbs U) and (2), su se’ction (a) shall
b- brougni in the appropr,ate United States
c Lrict court and such court shall have ju
- detion to require compliance with any re- 1
c. irement of an applicable underground in-
•‘L’ton t.. rarn ‘ I
r i ec: lon 1423(bxi) of the Safe Drink.
is amended b ctriking in the 1 I LI
t seo ence 55 000” and substituting
0 d and tr.kirig 60” and subsutu:ing
“I )
j ci Ecctio— I U3 of the Safe Drmnk.ng
‘ - ,‘- A t s . flvziij U c , d ling he fcllow I
‘ . at the erci Ihereof
(1) In ‘cry ci.se ir - ch the Ad” tn-
I .
r ttor s sucl-oriied to bnr g a c 1 ac: c
ur’i’r ci ‘ section with respect to any e-
r.”i ’.t , f an sDp’tca ’ u. e-grourd •t
‘ ct.3n co’ lt:oi r—cg. s-n thu At’t’s tratjr
r-ay ai â ,auc or !vr to reciwre ccrrpli
a’ e ath such c utrtlnent
( 2) Au Order ssu ’d urder this sub,sec-
or. haII not take effct urit.] after notice
snd OPpOrtur.it., for public h’ ar’ng and in
the caae of a 5ta.e hating primary enforce
ment re ponslbiljty for underground water
Ourees (‘aithus the meaning of Section
i422bK3) or i425(cij until after the Adznin-
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12 (c 3
pY t S 000363
1 .strator has provided the State with an
porturilty to confer with the Administrator
pgardlng the proposed order. A copy of any
rder proposed to be lasued under this sub-
ection shall be sent to the appropriate
State agency Involved If the State has pri.
— mary enforcement responsibility. Any order
Issued under this subsection shall state aith
reasons ble specificity the nature of the trio-
lation in any case tn which an order under
this subsection is issued to a corporatIon, a
cops of such order shodi be issued to appro-
priate corporate officers
( )(A) Any person c.ho violates, or falls
or refuses to comply with an order under
paragraph (2) shall be liable to the United
States for a cliii penalty of not more than
$25 000 per day of violation
(‘18) Whenpier the cit II penaltl sought
by the Administrator under this paragraph
does not exceed $5,000. the penalty shall be
assessed by the Administrator after notice
and oppc-tunit for a hearing on the record
In acc rJan . e aith section 554 of title 5 of
the United States Code The Administrator
shall have Vie discretion to comproriise.
xnodit}. or renill, aith or without condi-
tions any cliii penalty assessed under LhLs
subsection against any person
[ Cl Wheneter the clii i penalty sought
b the Administrator under this paragraph
exceeds 35,000. the penalty shall be assessed
by a civil action brought by the Adminlstra-
tor in the appropriate United States district
court as determined under the provisions of
tItle 28 of the United States Code).
(“iDI If any person falls to pay an assess-
ment of a civil penalty after it has become a
final and unappealable order, or after the
appropriate court of appeals has entered
nal judgment In favor of the Administra-
r the Attorney General shall i-ecoier the
mount for which such person Is liable in
‘an approprIate district court of the United
States In any such aetion. the validity and
appropriateness of the fInal order imposing
the cliii penalty shall not be subject to
review )
fb i Section 1423(b) of the Safe Drinking
Water Act is amended to read as follows
fbi Civil actions referred 10 in para-
graphs (3) and t2) of subsection (a) sha .U be
brought in the appropriate United States
district Court and such court shall have ju-
risduc(ion Co require compliance with any
requirement of art applicable underground
injection program or an order issued under
subsection /c) The court nwj enter such
judgment as proleetton of publtc health may
require Any person who moLaUj any re-
Q’tirvrritnt of on applicable underground in-
jcction control program IA) sha l l be subject
to a cit- it penalty of not more then $25 000
for cacti day of such violation, and /5/ ff
such violation is wttUut , such person may.
In addition to or in lien of the civil pen ally
authorized by clauz PA). be fined riot more
Uirin $25 000 for each day of such violation.,
or impr-isoized for riot more than three years,
or bo(,h,
Pci Section 1423 of the Safe Drinking
Water Act is amended by inserting the lot-
triu ir.q lieu, subsection immediately after
subsection fbi and redesiçrncliny the suc•
ceeding subsection accordingly
‘ (dli AD W1f ,’ISTR ,4 TilE OPJ)ERS FOR OThER
THs, - OIL OR Nsrisi ,aj. GAs I?iIEC77ON Wris.
OrrF . .irons —In any case in which the Ad.
- JnuTtijjrator is auttiorie to bring a citit
(ion under this section with respect to any
iulono’ or Other requtrernen( of this port
i,e t)ic-t those relating to (A) the under-
oi.nd. injeciion of ‘brine or oth2r fluids
tch are brought La the surface in connec-
sri u-i t /i oi.Z or nacurat gas production, or
IS) any underground injection /os the Sec
onda’-i or tertiary recovery Of o il or naiur .l
gas, the Administrator may also tense c m
order under this subsection either assessing
a civil penalty of not more than $25,000 per
day for ecch violation for any past or cur-
rent violation. up to a rtiaZimurn adminti-
tratlve penalty of : 125.000, or requiring
compliance with such regv,tat ion or ether re-
qistremenL or both.
“(2) ADMvqsrp. ,4rn5 Oe.oee s FOR On. OR
NATIJMt G ,e .s IIiJECT7ON Wtz.a O RATORS —
In any case in which the Adr’tintS ’irctor 13
authorized to bring a civil action under this
section with respect to any regi4atiori. or
other recwire,nenl of thu part relating to (4)
the underground injecttoi a! brine or other
fluids which are brought to the surface in
connection with oil or natural gas produc-
ti n , or (B) any und ,ertrrouznd Inject Ion for
the secondary or frrtiart/ recorer,i of oil or
natural gas. (lie Administrator may al so
issue an order under this subsection either
assessing a civil penalty Of not more than
:5 000 per day for each violation for any
past or current violation. up to a maximum
o4msnutrative penalty of V25000. or i-c-
qutn-ing compliance with such regulation or
other requirement, or both.
“13, Pnocjatms—(Ai An order under this
subsection shall be issued by the Admtnu(ra-
(or after opportunity (provided f i accord-
ance with Thu subparagraph) f ,r a hearing.
Before issuing the order, the Adnuniztrator
shall give to the person to whom it is direct-
ed written noCtee of the Administrator’s pro-
posal to issue such order and the opportuni-
ty to request, within 30 days of the date the
notice at received by such person. a hearing
on the order, Such hearing shall not be sub-
ject to sections 554 or 556 of title 5, United
States Code, but shall provide a reasonable
opportunity to be heard and to present cci-
dence.
‘ (B) The Ad,n:nutrator shall provide
ublic notice of, and reasonable opportunity
u comment on, any proposed order
“(C) Any citizen who comments on any
proposed order under subparagraph (B)
shall be given notice of any hearing held
under this subsection and of any order In
any hearing held under subparagraph (A),
such citizen shall have a reasonable oppor-
tunity to be heard and to present evidence.
li no hearing is h:’ prior to Issuance of the
order, then upon presentation by such citi-
zen, within 30 days of issuance of the order.
of evidence that such order was inadequate
or improper, the Administrator shall set
a-aide such order immediately and provide a
hearing in accordance with subparagraph
(A) on the proposed order
“ (2 )) Any order issued under this subsec-
tion shall become effective 30 days (allowing
its issuance unless an appeal is taken pursu-
ant to ptiragraph (6) or the order is set astde
pursuant to subparagraph (CI ii a hearing
request made pursuant to subparagraph (ci
is denied, an order issued under thus subsec-
tion shall become effective thirty days Jot
towing such dental
“Pd) Coe-i-swr or OsaeR—’A Any order
tsszicd under thu, subsection shall state with
reasonable specificity the nature of the vio-
lation andenay specify a reasonable time for
compliance
“(B; In assessing any civil penalty under
this subsection, the Administrator shaU take
Into account appropriate factors. including
ii) the seriousness of the violation, (it) the
economic benefit 1sf any) resulting from f / tel
violation. (iii) any history of such viola-
tions. (iii) any good faith efforts to camp? i’
wit/i the applicable reqti ,rrinen(s. lv) the
economic smpact • the penalty on the viola-
tor, and Pvi) sucfi t.her matters “s justice
ma t, re ulre
“(5) Eirecr or ORDeR —Any violation with
respect to which the Administrator has com-
menced and is diligently prosecuting 0121
action, or has Issued an order, under
subsection shall not be subject to an action
under subsectIon (6) of this section or sec-
tion 2424(c) or .1449 of this Act. Pnovlzsso.
That the foregoing limitation on civil ac-
(ion,, under seclipn 2449 of this Act shall not
apply with respect to any violation Jot
which n) a civil action under section
14491a)(1) of thij Act has been filed prior to
commencement ojan action under this sub-
section or. (ui a notice of violation under
section 1449(1,1(1) of this ACt has been given
prior to commencement of an action under
this subsection arid an action under section’
1449(au (U of this Act L i filed prior to 1201
days after such notice is given. I
“P d) Iuoicut. R4vrrw —Any person against
whom on order Li issued or who commented
on a proposed order pui’3utunt to paragraph
(3) may file on appeal of such order with the
United Stales District Court/or the Dijtnct
of Columbia or the district itt which the vio-
lation i -s alleged to lactic occurred.. Such an
appeal may only be flied icithin the 30 day
period beginning on the date the order is
issued. Appellant shalt sins ultarieoissly send
a copy of the appeal by certified mail to the
Administrator and to the Attorney GeneraL
The Administrator s/tall promptly file in
such court a certified copy of the record on
which such order was lmpQed. The district
court shall not set aside or remand such
order unless there is not substantial evi-
dence on the record, taken as a whole, to
support the finding of a violation or, unless
the Administrator’s assessment c/penalty or
requirement for compliance contttutes an
abuse of discretion. The district court shall
not impose o4ditional civil penalties for hue
same violation unless the Adinlniaf rotor’s
assessment o /e penalty constitutes or. cbisse
of discretion.
“(7) Cou ,zclloN—l/ any person fails to
pay an assessment of a civil penalty—
“(A) after the order becomes effective
under paragraph (3), or
“(B) after a court, in an action brought
under paragraph (6). has entered a final
judgment in favor of the Admfnistralor the
Administrator may request the AttorneiJ
General to bring a civil action In an appro-
priate district court to recover Vie amount
assessed (plus costs, attorneys’ fees, and In-
terest at currently prevailing r at e s from the
date the order at effective or the date c/such
final judgment, as the ca s e may bet. Iii such
an action, the validity, amount. and appro-
priateness of such penalty shall not be sub-
ject to review.
“(8) Suapor.ea —The AdmInistrator may.
in connection with administratIve proceed- I
tags under this subsection. Issue subpoenas I
compelling the attendance and testimony o/l
witnesses and subpoenas disce ,, tee-urn, and
may request the Attorney General to bring
an action to enforce any subpoena under
thi section, The district courts shall have
jurisdiction to enforce such subpoena-i and
impose sanction.”
td) Section 1423 of the Safe Drinking
Water Act is amended by striting the words
- PAILURE Or STATL TO ASS R.Z from the title.
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S, R , C q _ I ,L . i-ce, (t
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SECTION 11. ENFORCKM
StJMM y
Thia section amends section 1423 of the Act, which deals with en- I (P
forcernent of underground injection control program requiremen ,
The changes include (1) streamlinjng EPA enforcement procedures
in States that have pruwy enforcement responsibiljty (2) requir-
uig the Admm t tor to take enforcement action whenever a vio-
lation is found and a State baa not commenced appyopriate action;
(3) raising rnnzimum civil and crin inal monetary penaltie, from
$5,000 and $10,000 to $25,000 and $50,000, respectively per day of
violation, and adding authority to seek prison terms for criminal
violations; (4) providing for imposition of pen It ies uinmg on
the first day that notice of a violation i.e given to a violator, rather
than waiting 60 days after notice is provided, as in existing law;
and (5) providing for adrninigtrative orders to require compliance P
with, or to assees civil penalties of up to $125,000 for violatjons of,
the underground injection control program requirements, or both.
DISCUSSION
Like section 3 of the bill, this section amends the Act to bring
about improved enforcement of the Act’s requIremen ,
Changes made by this section with respect to EPA enforcement
procedures in States with primary enforcement responsibility for
underground injection control programs are consistent with the
change, made in connection with th public water suppLy part of
the Act and discussed in the report in connection with section 3 of
the bill.
Section 11 increase, the rnn imum civil penalties from $5,000 to’
$25,000 per day of violation and permits assessment of penalties to
begin as soon as notice is given. These change, are made in recog.
nition of the severity of envlronment.al and health risks posed to
underground sources of drinking water by noncomplying operators
of injection wells. The bill also provide, for penalties of up to
$50,000 per day and for imprisonment for willful violations of re-
quirement8 of underground injection control programs in order to
clarify the criminal nature of these violations and to provide a
strong deterrent against the most serious violations.
Finally, the section cre new ci 1j, forcernen option for
the in i rator au ont , to issue adnllnlRtratjve orders tO “C-
qj recomplj ncew 1 applicable regulations or requirements, or
assess an administrative nalt , or
e pen y aut ority provisions vary slightly between those ap-
plicable to operators of oi.l and gas wells and those applicable to
other operators of underground injection programs. The maximum
administrative penalty in both cases is $125,000, while the maii-
mum daily penalty for each violation is $5,000 for oil and gas oper-
ators and $25,000 for others.
The authority to issue administrative orders is intended to coin-
ement and not to replace the civil judicial enforcement program.
The addition of administrative order authority should, therefore,
increase the total number of enforcement actions without any cor-
respond .jng decline ui the modest number of judicial enforcement
actions being taken by the Administrator at present. The Adminis-
trator is not expected to use this new authority for cases that
would otherwise have been tried in court. Civil judicial enforce-
ment will always be necessary for cases involving novel lsaue# of
law and for serious violation of•the Act. . - I
To serve its intended function, the acimjnjstrative order author- 1
ity should be tailored to the less complex cases for which it is in-i
tended, AdmmiRtratlve enforcement should be as flexible and u.n-j
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(‘ r17f
encumbered by proceduraj complexitise as posuible, and conzjg e L I j U J 0
with due process considerations while providing for effect input
by citizens who may be affected by the violations.
The procedures adopted in the reported bill strike the appropri- P’
ate balance betw en streamlined procedures q jid basic fairpese.
Prior to issuing admin tratjve order, the Admirn trator mu
give the person whom it is directed wntt.en notice of the pro-
posed order and, within 30 days of receipt of such notice, a hearing.
Such a hearing includes the right to a reasonable opportunity to be
heard and to present evidence. Because ad.minj.strative orders will
be used in smaller Cases, formal administrative procedures Btnctly
in accordance with the formal adjudicatory procedures of the Ad.
ministrative Procedures Act are not required. EPA therefore has
the flexibility to strea.mline its decision-making process and proce-
dural rules through promulgation of procedural regulations that
provide appropriate due process protection.
There are several safeguards in this provision to prevent abuse of
the admini trative order authorit,y, such as unduly long Compliance
schedules or significant violators escaping with nominal penalties.
The Administrator is required to provide the public with noflce of
the proposed order and a reasonable opportunity to comment on
the proposal. Public notice of such proceedings must be given in a
manner that will apprise interested citizens of the proceeding. If a
hearing on the proposed assessment is conducted, any citizen who
commented on the proposal shall be given notice of such a hearing
and a reasonable opportunity to be heard and to present evidence
at the hearing. If no hearing is held, the Adininictrator must set
aside the penalty order and provide a hearing when presented with
evidence that the order was inadequate or improper. The Adminrn-
trator is to construe this provision liberally so as not to place a
heavy burden on citizens seeking a hearing.
An order becomes final and nonappeaLable 30 days after its issu-
ance or, in the case of a post-issuance request for a hearing, 30
days following the final action by the Administrator. While the
Committee bill allows for judicial review without the necessity of
holding a hearing in every case, it is expected that some parties
will request hearings.
The amendment strikes a balance between two competing con-
cerns: The need to avoid placing obstacles in the path of citizen
suits and the desire to avoid subjecting violators of the law to dual
enforcement actions or penalties for the same violation. It states
that no one may bring an action under sections 1423(b), 1424(c), or
1449 of this Act for any violation with respect to which the Admin-
istrator has commenced and is diligently prosecuting an adminis-
trative order action, or for which the Administrator has issued a
final order not subject to furthe!judjcjaj review (and for which the
violator has paid the penalty). This limitation would not apply to
an action under section l449(aXl) of this Act filed prior to com-
mencement of an administrative order proceeding for the same vio-
lation, or a violation which has been the subject of a notice of viola-
tion under section 1449(bXl) of this Act prior to initiation of the ad-
minigtrative order process, provided that, in the latter case, an
action under section 1449(aXl) of this Act is riled within 120 days of
the notice of violation.
review of a penalty assessment i.e available to any I I
person against whom a civil penalty order is issued as well as to
any citizen who commen on a proposed assessment. Judicial
review is not to be de novo review, but will be based upon whether.
the Agency’s finding a violation is supported by subet .a.ntjaj evi-
dence in the admin: live record and whether the assessment of
the penalty is an abu4e of discretion.
The penalty Collection Proceeding will not be an opportunity to
contest the penalty assessment. The discretion to corn prorruse, miti-
gate or abandon such claims continues to reside with the Attorney
General.
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p .lo, 5L, ,C1C 41, , t , l-s. h )
OPTIONAL DEMONSTRATION BY 9TAT RELATING TO OIL OR NATU tj
GAS
S . 1425. (a) For purposes of the Adminictrator’s approval or die-
approval under section 14fl of that portion of any State under- LI ji ) . ) . ) Ci
ground injection control program which relates to— - - - p r 1
(1) the under xound injection of brine or other fluids which
are brought to the surface in connection with oil or natural gas
production, or natw I gas storage operntugn8 , or,
(2) any underground injection for the secondary or tertiary
recovery of oil or natural gas.
in lieu of the showing required under subparagraph (A) of section
1422(bXl) the State may demonstrate that such portion of the State
program meets the reqwrementa of subparagraphj (A) through (D)
of section 1421(bXl) and represents an effective program (including
adequate record.keeping and reporting) to prevent underground in-
jection which endangers drinking water sources.
or &r*. z To uar] iroac 07 paoca
Sac. 1423. (aXi) Whenever the Adminiiitrator finds during a
period during which a State ha. primary enforcement responsibil-
ity for underground water sources (within the meaning of section
1423(bX3)) or section 1422(bX3) that any person who is subject to a
requirement of an applicable underground injection control pro-
gram in such State is violating such requirement, he shall so notify
the State and the person violating such requirement. (If the Ad-
ministrator finds such failure to comply extends beyond the thirti-
eth day after the date of such notice, he shall give public notice of
such finding and request the State to report within 15 days after
the date of such public notice as to the steps being taken to bring
such person into compliance with such requirement (including rea-
sons For anticipated steps to be taken to bring such person into
compliance with such requirement and for any failure to take steps
to bring such person into compliance with such requirement). If—
((A) such failure to comply extends beyond the sixtieth day
after the date of the notice given pursuant to the first sentence
of this parngraph, and
((BXi ) the State fails to submit the report requested by the
Administrator within the time period prescribed by the preced-
ing sentence, or
[ (ii) the State submits such report within such period but
the Administrator after considering the report, determines
that by failing to take necessary steps to bring such person
into compliance by such sixtieth day the State abused its dis-
cretion in carrying out primary enforcement responsibility for ’
underground water sources,
the Adminj tor may commence a civil action under subsection
(bXl).] If beyond the thirtieth day after the Administrator’s notifi.’
Cation the State has not commenced apprvprzate enforcement actwn,
the Admzizjstrrjtor shall .ssue an order under subsection (d) requir-
ing the person to comply with such requirement or shall commence
a ciuil action under 8ubsect ion (b).
(2) Whenever the Administrator finds during a period during
which a State does not have primary enforcement responsibility for
underground water sources that any person subject to any require .’
meat of any applicable underground injection control program in
such States is violating s ch requirement, (he may commence a
ci’ ql action under subsection (bXl).) the Administrator shall is8ue
an order under subsection (d) requiring the person to comply with
such requrrem4nt or shall commence a ciuzl action under sub8ect ion
((bXl) When authorized by subsection (a), the Administrator
may bring a civil action under this paragraph in the appropriate
United States district court to require Compliance with any re-
juirement of an applicabLe undetground injection cdntrol program.
his court may enter such judgment as protection of public health
may require, including, in the case of an action brought against a
person who violates an applicable requirement of an underground
injection control program and who is located ui a State which has
primary eforcenient responsibthty for underground water sources, i
the imposition of a clvii penalty of not to exceed Ł5,000 for each I
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p
U
day such person vioLates such requirement after the expiration of
60 days after receiving notice tinder subeect ion (aXi).
((2) Any person who violates any requirement of an applicable
unae ,und injection control program to which he is subject
during any period for which the State does not have primary en-
forcement responsibility for underground water sources (A) shall be
subject to a civil pen.aity of not more than Ł5,000 for each day for
such violation, or (B) if such violation is willful, such person may,
in lieu of the civil penalty authorized by clause (B), be fined not
more than Ł10,000 for each day of such violation.]
(b) Civil actions referred to in jarrzgraplis (1) and (2) of subsection
(a) shall be brought in the appmpriat United States district court
and such court shall have jurisdiction to require compliance with
any requirement of an applicable underground injection program or
an order issued under subsection (c). The court may enter such jud,g.
merit as protection of public health may require. Any person who
vwlatc any requirement of an applicable undergroun4 injection
control program (A) shall be subject to a civil penalty of not more
than 25, (XX) for each day of such viol tzon, and (B) if such viola-
tion is willfu4 such person may, in addition to or in lieu of the civil
penalty authorized by clause (A), be fined not more than $25,000 for
each day of such violation, or imprisoned for not more than three
ear or both.
(cA l) ADMINIS?&4TJVE ORDERS FOR OTHER ThAN OrL OR NATCTRAL
GAS !NJECTION WELL OPRRAro&g-_ .f any case in which the Ad-
ministrator is authorized to bring a civil action under this section
with respect to any regulation or other requirement of this part
other than those relating to (A) the underground injection of brine
or other fluids which are brought to the surface in con flection with
oil or natural gas production, or (B) any vnderground injection for
the secondary or tertiary recovery of oil or natural gas, the Adminis.
trator may aLso issue an order under this subsection either oasesszng
a civil penalty of riot more than $25,000 per day for each violation
for any past or current violation, up to a maximum administrative
penalty of $125,00(), or requiring compliarue with such regulation or’
other requirement, or both.
(2) ADMINISTRATIVE ORDERS FOR OIL OR NA TURAL GAS INJECTION
WELL OPERA TOR& ..-.I any case in which the Administrator is au- I
thorized to bring a civil action under this section with respect to
any regulation, or other requirement of this part relating to (A) the
underground injection of brine or other fluids which are brought to
the surface in connfttjon with oil or no urol gas production, or (B)
any undergrowi4 injection for the secondary or tertiary recovery of
oil or natural gas; the Administrator may aLso issue an order under
this sUbsection either assessing a civil penalty of not more than
$5,000 per day for each violation for any past or current violation,
Up to a maximum administrative penalty of $125,000. or requiring
com p1ia with such regulation or other requirement, or both.
( V PROCEDURS._(Ai An order uride,- this sLsb8ectwn shall be
Issued by the Administrator after opportunity (provided in accord.
once with this subparagraph) for a hearing. Before issuing this
order, the Administrator shall give to the person to whom it is di-
recte j written notice of the Administrators proposal to issue such
order and the opportunity to request, with in 30 days of the date the
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Li Li J C)
notice is received by such person, a he .i-rnq on th, order. Such hear-
ing shall not be subject to section 554 or 5 6 of title 5 United States L\ 3
Code, but shall provide a reasonable opportunity to be heard and to
present evidence.
(B) The Administrator shall provide public notice oj and reasona-
ble opportunity to comment on, any proposed order.
(C) Any citizen who comments on any proposed order under sub-
paragraph (B) shall be gwen notice of any hearing held under this
subsection and of any order. Iii any hearing held under subparu.
graph (A), such citizen shall have a reasonabl,e opportunity to be
heard and to present evidence. If no hearing is held prior to issu.
once of the order, then upon presentation by such citizen, within JO
days of issuance of the order, of evidence that such order was inad-
equate or improper, the Administrator shall set aside such order im-
mediately and provide a hearing in accordance with subparagraph
(A) on the proposed order.
(D) Any order issued under this subsection shall become effective
80 days folloiving ite issuance unless on appeal is taken pursuant to
paragraph (5) or the order is set aside pursuant to subpara irvj h (C).
If a hearing request ‘node pursuant to subparagraph (C) i.e denied,
an order issued under this subsection shall become effective thirty
days following 8lsch deniaL
(4) oz zvr op ORD R.—,’A) Any order issued under this subsec-
tion shall state with reasonable specificity the nature of the viola.
tion and may specify a reasonable time for compliance.
(B) Zn assessing any civil penalty under this subsection, the Ad.
mznistrator shall take into account appropriate factors including (i)
the seriougne of the violatwn, (ii) the economic benefit (if any) re-
suiting from the violation; (iii) any hi.story of such violations,- (iv)
any good-faith efforts to comply with the applicable requirements,-
(u) the economic impact of the penalty on the violator; and (vi) such
other matters as ju.stice may require.
(5) EFFECT OF ORDER—Any vwl tzo with respect to which the
Administrator has commenced and is diligently prosecuting an
action, or has issued an order, under this subsection shall not be
subject to an action under subsection (7) of this section or sect Ion
l4 2 4(c) or 14.49 of this Act: PROVIDED, That the foregoing limitation
on civil actions under section 14.49 of this Act shall not apply with
r spect to any violation for which (i) a civil action under section
1449t’aXJ) of’ this Act has been flied prior to commencement of an
action under this subsection or; (ii) a notice of violation under sec. i
tion 1449(bxJ) of this Act ha., been given prior to commencement of
an action under thi, subsection and an action under section
l44 X1) of this Act is filed prior to 120 days after such notice is
given.
(6’) JuDICz.&i. Rzvzsw.—Any person against whom an order is
issued or who commented on a proposed order pursuant to porn-
cph (8) may file an ppea1 of such order with the United States
District Court for the District of Columbia or the district in which
the violation is alleged to have occurred. Such an appeal may only
be filed with in the 80 day period beginning on the date the order i.e
issued. Appellant shall simultane 1y send a copy of the appeal by
certified mail to the Administrator and to the Attorney GeneraL
The Administrator shall promptly file in such court a certified copy
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of the record on which such or’ier u s imposed The district court
shall not set aside or remand such order unless there is not substan.
tial evidence on the record, taken as a whole, to support the finding
of a violation or, unless the Administr r ‘8 assessment of penalty
or q j r ment for compliance constitutes an abuse of discretW,L
The district court shall not impose additional civil penalties for the
same violation unless the Admanistrator ’ assessment of a penalty
constitutes an abuse of discretion,
(7) CouzcrIoN.—ff any person fails to pay an assessment of a
civil penalty—
(A) after the order becomes effective under paragraph (.V, or
(B) after a court, in an action brought under paragraph (6),
has entered a final judgment in favor of the Administrator, the
Administrator may request the Attorney General to bring a civil
action in an appropriate district court to recover the amount as-
3es8 d (plus costs, atorneys’ feea and interest at currently pre-
vailing rates from the date the order is effective or the date of
such final judgment, as the case may be). In such an action, the
validity, amount, and appmpruatenes of 8uch penalty shall not
be subject to review.
(8) SUBPOENA.—77ie Administrator may, in connection with ad-
ministrative proceedings under this subsection, issue subpoenas com-
pelling the attendance and testimony of witnesses and subpoenas
dzsces tecumn, and may request the Attorney General to bring an
action to enforce any subpoena under this section. The district
courts shall have jurisdiction to enforce such subpoenas and impose
sanction.
(c] (d) Nothing in this title shall diminish any authority of a
State or political subdivi io to adopt or enforce any law or regula-
tion re pectmg undergro jnd injection but no such law or regula-
tion shall relieve any person of any requirement otherwise applica-
ble under this title.
‘ (
U JJ )
p.
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V3t C,v &-. R c,
Ste 11 (a (l) Section 1423(ai(1) of the
Safe Drtrling Water Act Is amer.ded by
striking out all after the first serterice and
substituting the following- L I beyond the
thirteenth day after the- Ad .lnjstrator’s no-
tUicatiori the State has not commenced ap-
propriate enforcement action, the Adm.inis-
trac .or shall Issue an order under subsection
Cd) requu-ing the person to comply with
such requirement or 5hall COm ence a civil
“i under subsection b 1r
Łect:on 1423(g,i2) of the Safe Dru’,.king
Cr Act is amer.ded by striking the words
may commence & civil action under sub.
ion (bill)’ and substituting the follow.
he shall issue an order under subsec-
tion d rei t..:ing the person to camp, ith
sucri requtre e or shall conimen e a c.til
action under subsection (bii
(3) Section 1423biU ) of the Safe Dr .tk
ing Water 13 amended by striking out the
first sentence thereof and substitutui,g the
foUowing Ci U actions ref erred to in para-
graphs U) and 121. subsection (&) uha.Ll be
brought In the appropriate Vrij řtates
district court and such court abafl h. e ju•
rtsdiction to require re
quirernent of an &pplj4 &biC Un . 4 In.
Jectlon program
(b Section l423ibiil , of the 8ate Drink.
Ing Water Act Is amended by strikjng In the
last sentence 15 000 and substituting
$25 000 and striking ‘60’ and subaututjng
30’
(ci Section 1423 of the Safe Drthxing
Water Act LI amended by adding the follow.
Lng new subsection at the eric) thereof
(dill) In any case In which the Adniinj .
trator La authorized to bring a civi l action
under thj.s section with respect to any re
quirement of an appucable underground In.
Jectiors control prograjn. the Ad.mjllj , trato
may also L ue an order to require compli.
...nce with such requlrerne
(2) An Order iMued under this sUbsection
shall riot tue effect until after notice and
Opportunity for publlc hearing and. In the
3 , (d * L4. j
case of a State having primary enforcement
responsibwty for underground water
sourte (within the meaning of section
1422bK3 ) or 1423(ci until after the Ad.m ,-i.
lstrator has provided the State witri an op.
portuziJty to con.(er with the Administrator
regarding the proposed order A copy of any
order proposed to be issued under this sub-
section shall be sent to the appropriate
State agency invol ec) It the State ha. prirn
mary enforcement responsibility Ajiy order
issued under this subsection snail state aith
reasonable spec:ficity the nature of the ito.
lation In any case in which an order ‘ -ulder
this subsection L v issued to a Corporation a
copy of such order shall be Lss. ed to appro.
prtate corporate off’cers
(3 1 (A) Any person who violates or fails
or refuses to comply with an order under
parag—apri (2) sriaij be Liable to the (,nited
States for a Citu peIaJtg of not more tnan
125 000 per day of violation
B Whenever the civil penalty sought by
the Admlni .stratnr under this paragraph,
does not exceed *5 000 the Penalty shall De
assessed by the Administrator after Ootice
a.na opporturi ty for a heaz-i,rig on the record)
in accordance aith section 5,54 of title 5 of
the United States Cede The Administrator
shall have the discretion to compromise
modify, or remit. with or without condi.
Lions any civil penalty assessed under this
Subsection against any person
(C) Whenever the civil penalty sought by
the AdmJju tra r under this paragraph c x-
ceed . $3 000 the Penalty shall be assessed
by a civil action brought by the Adrnjflj .stra.
tar In the appropriate United States district
court 18.5 deteriijj lec) under the provisions of
title 28 of the United States Code,
(Di I! any person (ails to pay an assess-
ment of a civil penalty alter It has become a
final sgid unappeala oie order or after the
appropriate court of appea ,L has entered I
final judgment In favor of the Ad ,minjstr .
tor, the Attorney Generoj shall recover the
amount for which such person Lv Liable In
any appropr district court of the Cirvited
St-ate& In any such action, the validity and
appropr1aten of the fU’taI order Imposing
the ctvtl Penalty shall not be subject to
review’S
(d Sectlo 423 of the Safe Drtrkj,ng
Water Act La amended by strik’ - the worth
FA1LUp OF STATE TO ASSt , ,1 ” froin
the title
Az4xsesMz r No 6
Part C of the Safe Drinking Water Act is
amended by adding at the eisa d’ivreo( the
following new sectio& - ‘‘ ‘ -
“8RI 4Z DISpO5 . j PIIOGRvM SCPDY”
“Sic. . (sill) The Administrator shall
conduct a study of the current storage and
disposal reguiremenc.s and practi .ss of brine
associated with oil or natural va.s e’cplora.
Lion, production, or recotery L ’S those States
In which oil or natural gas exploratton, pro.
ductlors, or recovery occurs.
‘(2) Such study shall identify, using cur.
rently avalabie data. tno e S:a es .n which
e’cisting underground d.rtrijcjrg supplies are
subject to contarninat ,on, ai i,tn may have
an adverse effect on hur- i’, health, by
heavy rnetal.s or total disac’ e ’i solids (torn
the current storage and di,p’,sal of brine
The resu ll.s of such study shall be subrn.’te
to the Ccng-ress within 9 months of enact-
ment.
“(bill) Wlthu, 180 days of completion of
the study, if such contan-ijnation is found
the Administrator shall issue guidelines (or
making a demonstration that an effective
program, including adequate enforcement,
is being implemented to protect the public
health and environment from adverse e(.
(ecu resulting from the storage and d:,sposaj
of brine, associated alLI s oil or natural gas
exploration, production, and recovery,
shich is not controlled by an existing u,n-
derground injection control program,
(2) The Administrator s iaii not:fy those
S:a:es identified as has lr.g a sig’njiicant con
taminat on problem in subsection (ah2i at
the sarre time that he issues ruidelines
under sLosection ‘b 1)
(3 Within 12 months of receiving notifi-
cation, such States shall derionstrate to the
Administrator that tney are implementing
an effective program in accoraince with
guidelines issued under (blU)
- (4 If any State required to demonstrate
an effectire program under this section
fails to make such a der”cr.stration aithin
the specified time, the Administrator shall.
after 9)) days for notice and opportunity for
comment promulgate & program for that
State to achieve the goals in thu section
‘( ) If alter a States demonstration is ap• -
proved by the Aciminis’rator he odes-mires
that the State has (ailed to maintain an ef
(ectise prog—a.mn in accordance aith subsec
ti n (b i 1) he may exercise tre a ithonity OIl
Subsection Ca) of Section 1422 LI the same
manner as provided En sucn suosectitin,
p .Z -L
p ‘ Lfl
‘: Ig v, ’)
p.
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030371
S 2 c - r k 4
? . REP. No. ° -
c ( t9 +’).
14 ENFOJ?CEMENT
15 SEC. 12. (a) Section l 4 23 ’a) ’1) of (lie Safe Drinking
1G Waler Ac! is amended by striking out all after the first sen- L I
17 lence and substituting the following: “if beyond the l3l/ day
18 after the Aclinjnjsjpator s notification 1/ic State has not corn-
19 nienced appropriate enforcement action, the Administrator
20 may issue an order under subsection ‘d,) requiring 1/ic person
21 to comply wit/i such requirement or may commence a civil
22 action under subsection (b)W. “.
23 (‘b,) Section l 42 3 a 2) of 1/ic Safe Drinking Water Act
24 is ni,iended by slrikz’iiq 1/ic words ‘‘lie nuuj coin ineiwe a civil
25 ac /wa u /u/cr subsec1io (b, (l) ‘‘ and substituting (lie follow—
2 ( irnj: ‘‘lie iiiaij issue an order un (icr S ubseci ion (‘d,) req ii iring
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000372
1 the person to comply with such requirement or may corn-
2 mence a civil action under subsection (b)(1,J.’
3 (c) Section 1423(b) (1) of the Safe Drinking Waler Act
4 is amended by striking out the first sentence thereof and sub-
5 stituting the following: “Civil actions referred to in para-
6 graphs (1) and (2), subsection (a) shall be brought in the
7 appropriate United States district court and such court shall
8 have jurisdiction to require compliance with any requirement
9 of an applicable underground injection program. “.
10 (d) ‘ection 1423(b) (1) of the Safe Drinking T’Vater Act
11 is amended by striking in the last sentence “$5, 000” and
12 substituting “25,000” and striking “60” and substituting
13 “30”.
14 (e) Section 1423 of the Safe Drinking Water Act is
15 amended by adding the following new subsection at the end
16 l/iereof.
17 “ ‘d ’1) In any case in which the Administrator is
18 auth3rizcd to briny a civil action under this section wit/i
19 respect to any requirement of an applicable underground
20 injection control program, the Administrator may also issue
21 an order to require compliance iou/i sue/i requirement.
22 (2) rI/i order iSSlIC(l uiulcr Iii iS S 1IbSCC(jOfl S/ill /I iiot
2 f iLe effect viii 1/ (If/cr notice (10(1 O/)/)O1/ii oily for /)ilh/ie hear-
24 imj (111(1, ii i f/ic ease of a Slate ha ci iuj primary cnfoiceiiicn I
IC /)O1? 5 1 1 )1/il 1/ for ii 111Th ())‘ofl 11(1 lt’( l i cr SOil 1(CS ( 1L’ il/i / ii I/ic
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A ‘ . (‘ 7
1 meaning of section 1422(b)(’3,) or l 42 S(’c,)7 intil after the Ad- , 60
2 ministrator has provided the Stat e with an opportunity to
3 confer with the Administrator regarding the proposed order.
4 A copy of any order proposed to be issued under this subsec-
5 lion shall be sent to the appropriate State agency ‘nvolved if
6 the State has primary enforcement responsibility. Any order
7 issued under this subsection shall state with reasonable speci-
8 ficity the nature of the violation. In any case in which an
9 order under this subsection is issued to a corporation, a copy
10 of such order shall be issued to appropriate colporate officers.
11 “ ‘3..)(A) Any person who violates, or fails or ref uses to
12 comply wit/i an orde’r under paragraph (2) shall be liable to
13 the United States ,for a civil penalty of not more than
14 $25,000 per clay of violation.
15 “(B ) Whenever the civil penalty sought by 1/ic Adminis-
16 trator under this paragraph does not exceed $5, 000, 1/ic pen-
17 ally shall be assessed by 1/ic Administrator after notice and
18 opportunity for a /zcciuing on 1/ic record in accordance with
19 section 554 of title 5 of the United States Code. The rldinin-
20 iSlia(oi 8/1(111 have i/ic ( 1 ISC7CIiOli to COmpromise, modify, or
2 1 remit, wi/h or wi l/rr,uf con di lioiis, (lfl civil penally (ISSCSS(’d
22 nuclei this sti bscci loll (U/a inst (thy /)(iWOfl.
23 “(C) JJ cncvei 1/ic civil pcnalttj sow//it by 1/ic Admin4s-
2 l (1(1/ur iin lei lJu, J)cl1 U/1’,/, (‘iCCC(/s 5,000, 1/u’ /) i(ll(/J 81 1(11 1
be (Isses,sed b 11 i cii’il uclion /)iOuq/iI by 1/ic il/mini s 1i’atoi’ ii,
-------
0:0374
I the appropriate United States district court (as determined
2 under the provisions of title 28 of the United States Code).
3 “(‘D) if any person fails to pay an assessment of a civil
4 penalty after it has become a final and unappealable order, or
i5 ajier the appropriate court of appeals has entered final judy-
6 inent in favor of the Adminisirator the Attorney General
7 shall recover the amount for which such person is liable in
S any apopropriate district court of the United States. in any
9 such action, the validity and appropriateness of the final
10 order imposing the civil penalty shall not be subject to
11 rei ’iew .”.
12 Q) Section 1423 of the Safe Drinking Water Act is
13 amended by striking the words “FAILURE OF STATE TO
14 ASsURE”froiiz the title.
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f- 4 S 1 4
p, N 0 , - 92 i -
Section 12. Enforc me, ’ 0 C 03 75
This section ‘amends enforcement provisions of the underground
injection control program and conforms with changes made in sec-
tion 4 of the bill pertaining to enforcement of national primary
drinking water standards. The Administrator is authorized to issue
/
administrative orders in non-primacy States and in primacy States
if the State fails to act on a violation within 30 days of notice by
the Administrator. Civil penalties of up to $25,000 per day of viola-
tion may be imposed.
SI L q t C t ActCt
c , 2&, c) C s?k 2 c
8 ENTORCEMENT
9 SEC.’ 8. (a) Section 1423(a)(1) of the Safe Drinking
10 Water Act is amended by striking out all after the first sen-
11 tence and substituting the following: “If beyond the thirtieth
12 day after the Administrator’s notification the State has not
13 commenced appropriate enforcement action, the Administra-
14 tor shall issue an order under subsection (d) requiring the
15 person to comply with such requirement or shall commence a
16 civil action under subsection (b)(1).”.
17 (b) Section 1414(a)(2) of the Safe Drinking Water Act is
18 amended by striking the words “he may commence a civil
19 action under subsection (b)(1)” and substituting the following:
20 “he shall issue an order under subsection (d) requiring the
21 person to comply with such requirement or shall commence a
22 civil action under subsection (b)(1)”.
23 (c) Section 1423(b)(1) of the Safe Drinking Water A t is
‘‘2 ‘aith nde ’d by striking out the first sentence there clf and substi-
25 tuting the following: “Civil actions referred to in paragraphs
26 (1) and (2), subsection (a) shall be brought in the appropriate
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S. ‘ z ‘ 4 0-A-
O O 376
1 United States district court and such cour shal1 have ‘juris-
2 diction to require compliance with a iy requirement of an ap-
3 plicable underground injection program.”.
4 (d) Section 1423(b)(1) of the Safe Drinking Water Act is
5 amended by striking in the last sentence “$5,000” and sub-
6 stituting “$25,000” and by striking “60” and substituting
7 “30”.
8 (e) Section 1423 of the Safe Drinking Water Act is
9 amended b i adding the following new subsection at the end
10 thereof:
11 “(d)(1) In any case in which the Administrator is au-
12 thorized to bring a civil action under this section with respect
13 to any requirement of an applicable underground injection
14 control program, the Administrator may also issue an order
15 to require compliance with such requirement.
16 “(2) An order issued under this subsection shall not take
17 effect until after notice and opportunity for public hearing
18 and, in the case of a State having primary enforcement re-
19 sponsibility for underground ater sources (within the mean-
20 ing of section 1422(b)(3) or 1425(c)) until after the Adminis-
21 trator has pro ride the State with an opportunity to confer
22 with the Administrator regarding the proposed order. A copy
23 of any order proposed to be issued under this subsection shall
‘24 be sent to the appropria’te State agency involvedif the State
25 has primary enforccment responsibility. Any order issued
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,
030377
1 under this subsection shall state with reasonable specificity
2 the nature of the violation. In any case in which an order
3 under this subsection is issued toa corporation, a copy of
4 such order shall be issued to appropriate corporate officers.
5 “(3)(A) Any person who violates, or fails or refuses to
6 comply with an order under paragraph (2) shall be liable to
7 the United States for a civil penalty of not more than
8 $25,000 per day of violation.
ii-
9 “(B) In the case of any civil penalty under this para-
10 graph which does not exceed $5,000, the penalty shall be
11 assessed by the Administrator after notice and opportunity
12 for a hearing on the record in accordance with section 554 of
13 title 5 of the United States Code. The Administrator shall
14 have the discretion to compromise, modify, or remit, with or
15 without conditions, any civil penalty assessed under this sub-
16 section against any person.
17 “(0) In the case of any civil penalty which exceeds
18 $5,000, the penalty shall be assessed by a civil action
19 brought by the Administrator in the appropriate United
20 States district court (as determined under the provisions of
21 title 28 of the United States Code).
22 “CD) If any erson fails to pay an assessment of a civil
23 penalty after it has become a final and unappealable order, or
24 after the appropriate court of appeals has entered final judg-
2o mcnt ifi favor of the Administrator, the Attorney General
-------
* 000373.
S r L 3 k L
1 shall recover the amount for which such person is liable in
2 any appropriate district court of the United States. In any
3 such action, the validity and appropriateness of the final
4 order imposing the civil penalty shall not be subject to
5 review.”.
6 (1) Section 1423 of the Safe Drinking Water Act is
7 amended by striking the words “FAILURE OF STATE TO
8 ASSURE” from the title.
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• ‘H 1 X’ - r; - ’t c k
ENFORCEMENT OF IMC PROGRAM - p 317 9 -
Ssc 202 (a) MANDATORY ENFORCEMENT —(1) Section I 42 3(aXl) of the Safe Drink-
ing Water Act is amended by striking out all after the first sentence and substitut- I 1.4- ? ‘ )
ing the following “If beyond the thirtieth day after the Administrator’s notification
the State has not commenced appropriate enforcement action, the Administrator ‘ i .. 1 . Q C I
shall issue an order under subsection (di requiring the person to comply with such ‘- i
requirement or shall commence a civil action under subsection (b)(1) “. —
(2) Section 1423(aX2) of the Safe Drinking Water Act is amended by striking the
words “he may commence a civil action under subsection (bXl?’ and substituting the
following “he shall issue an order under subsection (d) requiring the person to
comply with such requirement or shall commence a civil actioti. under subsection
(bXl” -
(3) Section 1423(b)(l) of the Safe Drinking Water Act is amended by striking out
the first sentence thereof and substituting the following- “Civil actions referred to
in paragraphs (1) and (2) of subsection (a) shall be brought in the appropriate United
States district court and such court shall have jurisdiction to require compliance
with any requirement of an applicable underground injection program
(b) PENALTIES —Section 142:J(bXl) of the Safe Drinking Water Act is amended by
striking in the last sentence “$5,000” and substituting “$25,000” and by striking
“60” and substituting “30”
(c) CiviL AC’noN —Section 1423 of the Safe Drinking Water Act is amended by
adding the following new subsection at the end thereof
“(d)(l) In any case in which the Administrator is authorized to bring a civil action
under this section with respect to any requirement of an applicable underground
Injection control program, the Administrator may also issue an order to require
compliance with such requirement
“(2) An order issued under this subsection shall not take effect until after notice
and opportunity for public hearing and, in the case of a State having primary en-
forcement responsibility for underground water sources (within the meaning of sec-
tion 1422(bX3) or 1425 (c)) until after the Administrator has provided the State with
an opportunity to confer with the Administrator regarding the proposed order A
copy of any order proposed to be issued under this subsection shall be sent to the
appropriate State agency involved if the State has primary enforcement responsibil- C7
ity Any order issued under this subsection shall state with reasonable specificity
the nature of the violation In any case in which an order under this subsection is
issued to a corporation, a copy of such order shall be issued to appropriate corporate
officers
“(31(A) Any person who violates, or fails or refuses to comply with an order under
paragraph (2) shall be liable to the United States for a civil penalty of not more
than $25,000 per day of violation
“(B) Whenever the civil penalty sought by the Administrator under this para-
graph does not exceed $5,000, the penalty shall be assessed by the Administrator
after notice and opportunity for a hearing on the record in accordance with section
554 of title 5 of the United States Code
“(C) Whenever the civil penalty sought by the Administrator exceeds $5,000, the
penalty shall be assessed by a civil action brought by the Administrator in the ap-
propriate United States district court (as determined under the provisions of title 28
of the United States Code)
“(D) If any person fails to pay an assessment of a civil penalty after it has become
a final and unappealable order, or after the appropriate court of appeals has en-
tered final judgment in favor of the Administrator, the Attorney General shall re-
cover the amount for which such person is liable in any appropriate district court of
the United States In any such action, the validity and aPPropriateness of the final
order imposing the civil penalty shall not be subject to review ‘.
(di CONFORMING AMENDMENT —Section 1423 of the Safe Drinking Water Act is
amended by striking the words “FAILURE OF STATE TO ASSURE” from the section head-
ing
‘- q q —
ts c, .- t03’k ,9a 4 ’Cervi ., 2c1 0 l ?8
Section 202
- Section 202 upgrades the enf 6 t-cement program for underground
injection of fluids to be consistent with the niodifications made in
Title I of the Act Under the bill, if a State fails to take appropriate
enforcement action within thirty days of EPA notification of a vio-
lation, then the Administrator is required to issue an order or com-
mence a civil action Civil penalites are increased from $5,000 per
each day such person violates a requirement of an underground In-
jection control program to $25,000 In addition, the Admipistrator
is given the authority to assess civil onalties that do not exceed
$5,000 per day per violation.
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II I -‘
‘.1 Li
\ 202.
R. ) 9 ,
13 ENFORCEMENT OF UIC PROGRAM
14 SEC. 202. (a) MANDATORY ENFORCEMENT.—(1) Scc-
15 tion 1423(a)(1) of the Safe Drinking Water Act is amended
16 by striking out all after the first sentence and substituting the
17 following: “If beyond the thirtieth day after thc Administra—
18 tor’s notification the State has not commenced appropriate
19 enforcement action, the Administrator shall issue an order
20 under subsection (ci) requiring the person to comply with such
21 requirement s ll cpmmeiweacivL jon under subsec-
22 tion (h)(i).”.
23 (2) Section 1423(a)(2) of the Safe Drinking Water Act is
24 amended by striking the words ‘‘he max’ commence a civil
23 action under subsection (b)( 1)” and substituting I lie following:
21i ‘‘he shall issue an order under subsection (d) requiring t lie
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000381
1 i eiso i to comply with such requirement or shall conirnence a
2 civil action under subsection (b)(1)”.
3 (3) Section 1423(b)(1) of the Safe Drinking Water Act is f’.
4 amended by striking out the first sentence thereof and substi-
5 tuting the following: “Civil actions referred to in paragraphs
6 (1) and (2) of subsection (a) shall be brought in the appropri-
7 ate United States district court and such court shall have
8 jurisdiction to require compliance with any requirement of an
9 applicable underground injection program.”.
10 (b) PENALTIES.—SeCtiOn 1423(b)(i) of the Safe Drink-
11 ing Water Act is amended by striking in the last sentence
12 “$5,000” and substituting “$25,000” and by striking “60”
13 and substituting “30’’.
14 (c) CIVIL ACTION.—Scction 1423 of the Safe Drinking
15 Water Act is amended by adding the following new subsec-
16 tion at the end thereof:
17 ‘‘(d)(1) In any case in which the Administrator is au—
iS thorized to bring a civil action under this section with respect
19 to any requirement of an a )pIicab1c underground injection
20 control program, the Administrator may also issue an order
21 to require corn p1 ia e with suehi requ iretilen t.
22 “(2) An order issued under this siibseciioii shall not take
2:3 effeet, tint ii alter notice :nnl O1)J)Ortunitv br public lěearing
I and. in the case of a State ha ing pi iiii rv enforcement re-
J.) ) )n hiI mr iii l( ’r rflhI1I(j \ :ilpr OiirCes ( vtljiu the mean-
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cqsc 000382
1 ing of section 1422(b)(3) or 1425(c)) until after the Adminis-
2 trator has provided the State within opportunity to confer
3 with the Administrator regarding the proposed order. A copy
4 of any order proposed to be issued under this subsection shall
5 be sent to the appropriate State agency involved if the State
6 has primary enforcement responsibility. Any order issued
7 under this subsection shall state with reasonable specificity
S the nature •of the violation. In any case in which an order
9 under this subsection is issued to a corporation, a copy of
10 such order shall be issued to appropriate corporate officers.
11 “(3)(A) Any person who violates, or fails or refuses to
12 comply with an order under paragraph (2) shall be liable to
13 the United States for a civil penalty of not more than
14 $25,000 per day of violation.
15 “(B) Whenever the civil penalty sought by the Adminis-
16 trator under this paragraph does not exceed $5,000, the P ’-
17 altv shall be assessed by the Administrator after noticc and
18 opportunity for a hearing on the i ccord in accordance with
19 scctiou 554 of title 5 of the Unitcd States Code.
20 ‘‘(C) \Vlienever the Ci\ ii penal lv li i by t lie Adiniiiis—
21 I rator ( ‘XCC(’(lS $ ,000, [ JIC penal Iv sirn II he assessed by a ci ii
22 :telion l)roIn lit by the .,\dinillN [ rator in [ lie al)j)FOpfl:lk’
23 [ tilted Stnies (hi 5IrI(t ef)lirt (;is (ICI(’tIl lit iCd tinder the pio
2-4 iwi ni title 2 ni tue (Jutted tate Code)
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I i - -ic 4& c
000383
1 “(D) If any person fails to pay an assessment of a civil
2 penalty after it has become a final and unappealable order, or
3 after the appropriate court of appeals has entered final judg-
4 melt in favor of the Administrator, the Attorney General
5 shall recover the amount for which such person is liable in
6 any appropriate district court of the United States. In any
7 such action, the validity and appropriateness of the final
8 order imposfng the civil penalty shall not be subject to
9 review.”.
10 (d) OONFOI MING AMEND 1EN’r.—Sectjon 1423 of the
11 Safe Drinking Water Act is amended by striking the words
12 “FAILURE OF STATE TO ASSURE” from the section heading.
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n r’ .- -,
tJL ,
c1c 15 S÷ .
12 ADMINWTRATIVE ORDERa; PROMPT FEDERAl..
13 ENFORCEMENT
14 SEC. 207. (a) ADMINISTRATIVE ORDERS.—Sectjon
15 1 t23 is amended by adding the following new subsection at
16 the end thereof:
17 “(d)(1) In any case in which the Administrator is au-
18 thorized to bring a civil action under this section with respect
19 to any regulation, schedule, or other requirement, the Admin.
20 istrator may (in lieu of such a civil action) issue an order to
21 require compliance with such regulation, schedule, or other
22 requirement.
23 “(2) An order issued under Lhi subsection shall not Lake
24 effect until the person to whom it is issued has had an oppor
25 tunity to confer with the Administrator concerning the al.
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43zo°
1 kged violation. A copy of any order issued under this subsec-
2 ton shall be sent to the appropriate State agency of the State
3 involved if the State has primary enforcement responsibility 0 0 0 8 5
4 (or underground water sources in that State. Any order
5 issued under ibis subsection shall state with reasonable speci-
6 ficity the nature of the violation, specify a time (or compli-
7 ance which the Administrator determines is reasonable,
8 takiiig into account the seriousness of the violation and any
9 good-faith efforts to comply with applicable requirements. In
10 any case in which an order under this subsection is issued to
11 a corporation, a copy of such order shall be issued to apprŕ-
12 priate corporate officers.
13 13 The Administrator shall commence a civil action
14 for a temporary or permanent injuction, or to assess and re-
15 cover a civil penalty of not more than $25,000 per day of
16 violation, or both, whenever any person violates or fails or
17 refuses to comply with any order issued under paragraph (1).
18 Any action under this paragraph may be brought in the up-
19 propriate United States district court (as determined under
20 ihe provisions of title 28 of the United States Code) and such
21 uL 4 bliall have jurisdiction to rcstrain such violittion, to re-
22 quire compliance, and to assess such civil penalty.”.
23 “( .1) No administrative order, judicial decree, or oilier
4 uiwii may be taken by the Adiuinistr wr, by any State, or
25 v any tourt which would have the effect of delaying or
I making lees strimigent any requirement of an applicable Un-
2 dcrgrouimd injection program.”.
3 (h) PILOM PT l ”KDE hAL ENFOUCEM ENT.—Sectjon
4 1423(u)(l) is aineiided by striking out all after the first ten-
5 tence thereof and substituting: “If tiw Admniiiistrator finds
C that such failure to comply extends beyond the 30th day alter
7 the date of the notice given pursuant to the preceding ten-
8 t mice,’ the Administrator may commence a civil action under
9 subsection (b)(I), or issue au adniimiistrative order under sub-
0 section (d).”.
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DlSIO AL OF I KINE
/ SEC. 202. (a) PROIIJBITION.EI(ective six months
3 after the date of the enactment of this.. Act, section 0 0 0
4 142 IUI)(1) is amended by inserting the following new aubpar.
5 agraph alter subparagraph (B) and Yedesignating subpara.
6 graphs (C) though (D) as (D) through (E) respectively: 2... 0 0
7 “(C) shall prohibit the disposal of brine brought to
8 the surface in connection with oil by any means other
9 than underground injection in compliance with this
10 Act;”.
11 (b) CONFORMING AMENDMENTS._SCCIjOn 1445(a) is
12 amended by striking out IA) through (D)” and substituting
13 “(A) through (Er’.
16 CIVIL ACTIONS BY PUBLIC WATER SYSTEMS AND OTHER
17 PERSONS
18 SEC. 107. Part E is amended by inserting the following
19 new section immediately after section 1449:
20 ‘CIVIL ACTIONS BY PUBLIC WATER SYSTEMS AND OTHER
21 PERSONS
22 SEC. 1449A. (a) A public water system may bring an
23 action in the appropriate United States district court (as do-
24 termined under the provisions of title 28 of the United SLates
25 Code) against a y person causing or contributing to the pres-
-------
ence of any Contaminant in the drinking water used by such
system if 8 JCh system 18-required to treat such drinking water
to comply v i&h spy 4egulations under section 1412 or to
obtain a native water supplies. Any person who obtains his
drinking water supply from sources on property which such
pcrson owns orocCupcs may bring an action in the appropri-
ate United States district court (as determined under the pro-
V 81008 of tIe jil ho United States Code) against any
person cspsing or contributing to the contamination of such
water supply if such water aupply does not meet any maxi-
mum contaminant level which would be applicable under ec-
lion 1412 if such water supply were operated by a public
water system.
“(b) The appropriate United States district court (as de-
termined under the provisions of title 28 of the United States
Code) shall have jurisdiction over any action brought under
subsection (a) and may issue an order requiring the person
causing or contributing to the contamination concerned to—
“(1) abate such conuunination,
1 1(2) provide reimbursement for all or part of the
costs incurred in complying with the regulations under
Section 1412 with respect to the cont.aniinant con-
cerned (or, in the case of a person other than a public
water system, of rçduciiig contamination to the maxi-
mum contaminant level which would be applicable (:
such person were a public water system);
“(3) reimburse the public water system or other
person for all or part of the costs of obt.aining altern-
tive drinking water supplies; or
“(4) any combination of the actions referred to in
paragraphs (1) through (3).
“(c) Nothing in subsection (a) or (b) or in any other pro.-
vision of this Act shall be construed to restrict or preempt
any right which any public water system or any other person
(or class of persons) may have under any statute or Common
law to seek enforcement in any Federal, State, or local court,
or in any administrative proceeding, of any provision of this
Act or any other relief regarding the contamination of any
druiking water supply.
“(d)The court, in issuing any final order in any action
brought under this section, may award costs of litigation (in-
cluding reasonable attorney and expert-witness fees) to the
prevailing party whenever the court determines such award,
to be anoronrati’i “ I
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2
3
4
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6
7
B
9
10
11
12
13
14
15
16
17
18
19
20
21
4). )
23
24
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3
4
5
6
7
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9
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SD W A G &We., d . p ecL- 2.03
SEC. 203. SOLE SOURCE AQUIFER DEMONSTRA1 ION PROGRAM.
Part C of the Safe Drinking Water Act is amended by adding the
following new section after section 1426:
“SEC. 1427. SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM.
“(a) PUBPOSB.—The purpose of this section is to establish proce-
dures for development, implementation, and assessment of dem-
onstration programs designed to protect critical aquifer protection
areas located within areas designated as sole or principal source
aquifers under section 1 424(e) of this Act.
“(b) DKP’iNrrioN.—For purposes of this section. the term ‘critical
aquifer protection area”means either of the following: p c $ ic toM
‘ (1) All or part of an area located within an area for which an
application or designation as a sole or principal source aquifer
pursuant to section 1424(e), has been submitted and approved by
the AdrnmlRtrator not later than 24 months after the enactment
of the Safe Drinking Water Act Amendments of 1986 and which
satisfies the criteria established by the Admini itrator under
subsection (d).
“(2) All or part of an area which is within an aquifer des-
ignated as a sole source aquifer as of the enactment of the Safe
Drinking Water Act Amendments of 1986 and for which an
areawide ground water quality protection plan has been ap-
proved under section 208 of the Clean Water Act prior to such
enactment.
“(c) APPUCATION.—A.ny State, municipal or local government or
political subdivision thereof or any planning entity (including any A ?P’t
interstate regional plRnning entity) that identifies a criticaJ aquifer
protection area over which it has authority or jurisdiction may
apply to the Administrator for the selection of such area for a
demonstration program under this section. Any applicant shall
consult with other government or planning entities with authority
or jurisdiction in such area prior to application Applicants, other
than the Governor, shall submit the application for a demonstration
program jointly with the Governor.
“(d) CarrmuA —Not later than 1 year after the enactment of the A I- E. P. IA
Safe Drinking Water Act Amendments of 1986, the Administrator ‘“
shall, by rule, establish criteria for identifying critical aquifer
protection areas under this section. In establishing such criteria, the
Administrator shall consider each of the following
“(1) The vulnerability of the aquifer to contamination due to
hydrogeologic characteristics
“(2) The number of persons or the proportion of population
using the ground water as a drinking water source
“i.3i The economic, social and en ironmental benefits that
‘.“ould result to be ‘rea from maintenance of ground “.ater of
high qualit’.
4 Th’ ,non- •) iai nd er . ‘ror ’iT ental costs tha: ou!d
result rm de r .ic i .n ot the 4uant o1 me ground a:er
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SD A o3
r -,
“(e) Coi rrvrrs o, APPLICATION.—Afl application submitted to the Li Li Li) 89
A inistrator by any applicant for a demonstration program under
‘th a section shall meet each of the following req uirementa:
“(1) The application hn11 propose boundaries for the critical
aquifer protection area within its jurisdiction.
“(2) The application shall designate or, if necessary, establish
a plAnning entity (which halI be a public agency and which
shall include representation of elected local and State govern-
mental officials) to develop a comprehensive management plan
(hereinafter in this section referred to as the ‘plan’) for the
critical protection area. Where a local government pLanning
agency exists with adequate authority to carry out this section
with respect to any proposed critical protection area, such
agency shall be designated as the planning entity.
“(3) The application aha.ll establish procedures for public
participation in the development of the plan, for review, ap-
proval, and adoption of the plan, and for assistance to rnunici.
palities and other public agencies with authority under State
law to implement the plan.
“(4) The application shall include a hydrogeologic assessment
of surface and ground water resources within the critical protec-
tion area
“(5) The application shall include a comprehensive manage-
ment plan for the proposed protection area.
“(6) The application shall include the measures and schedule
proposed for implementation of such plan.
“(1) COMPREHENSIVE PLAN.—
‘(1) The objective of a comprehensive management plan
submitted by an applicant under this section shall be to main-
tain the quality of the ground water in the critical protection I
area in a manner reasonably expected to protect hurnnn health,
the environment and ground water resources. Lu order to
achieve such objective, the plan may be designed to maintain, to
the maximum extent possible, the natural vegetative and
hydrogeological conditions. Each of the following elements shall
be included in such a protection plan:
“(A) A map showing the detailed boundary of the critical
protection area.
‘(B) An identi.fication of existing and potential point and
nonpoint sources of ground water degradation,
“(C) An assessment of the relationship between activities
on the land surface and ground water quality.
“(D) Specific actions and management practices to be
implemented in the critical protection area to prevent ad-
verse impacts on ground water quality.
“(E) Identification of authority adequate to implement
the plan, estimates of program costs, and sources of State
matching funds
“(2) Such plan may also include the following
“A A determination of the quality of the existing ground
water r charge’d through the special protection area and
the natural recharge capabilities of the special protection
area V. atershed
B Requirements de signed to maintain existing under.
round irink’n,z v.ater qualit. or Impro e undereround
C: ‘ .‘ er ULJ!lt\ If pre iilir cor.d :ion fail to meet
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5P 1A\ Od V J - -
drinking water standards, pursuant to this Act and State
law.
“(C) Limits on Federal, State, and local government,
financially assisted activities and projects which may
contribute to degradation of such ground water or any ices
of natural surface and subsurface infiltration of purifi-
cation capability of the special protection watershed.
“CD) A comprehensive statement of land use management
including emergency contingency planning as it pertains to
the maintenance of the quality of underground sources of
drinking water or to the improvement of such sources if
necessary to meet drinking water standards pursuant to
this Act and State law.
“(E) Actions in the special protection area which would
avoid adverse impacts on water quality, recharge capabili-
ties, or both.
“(F) Consideration of specific techniques, which may in-
clude clustering, transfer of development rights, and other
innovative measures sufficient to achieve the objectives of
this section.
“(G) Consideration of the establishment of a State institu-
tion to facilitate and assist funding a development transfer
credit system.
“(H) A program for State and local implementation of the
plan described in this subsection in a manner that will
insure the continued, uniform, consistent protection of the
critical protection area in accord with the purposes of this
section.
“(I) PoUutiori abatement measures, if appropriate.
“(g) PLANS UNDER SECrI0N 208 o m Ci.wq WATER Ac’r.—A plan
approved before the enactment of the Safe Dr-inking Water Act
Amendments of 1986 under section 208 of the Clean Water Act to
protect a sole source aquifer designated under section 1424(e) of this
Act shall be considered a comprehensive management plan for the
purposes of this section.
‘(h) CONSULTATION AND HEARINGS.—During the development of a
comprehensive management plan under this section, the planning
entity shall consult with, and consider the comments of. appropriate
officials of any municipality and State or Federal agency which has
jurisdiction over lands and waters within the special protection
area, other concerned organrzsitions and technical and citizen ad-
visory committees The planning entity shall conduct public hear-
ings at places within the special protection area for the purpose of
providing the opportun ity to comment on any aspect of the plan.
“i AYPROVAL OR DIsAppROvAu..__withjn 120 da’ .s after receipt oft 1 b P?RoV L
an application under this section, the Administrator shall approve
or disapprove the application. The approval or disapproval shall be
based on a determination that the critical protection area satisfies c’ p 1 pPr o 1 4L.
the criteria established under subsection (d) and that a demonstra-
tion program tor the area would provide protection for ground water
qualits consistent ith the objectives stated in subsection 1) The
Administrator shall provide to the Go errior a ritten explanation
of the ,reasons ;or the disapproval of az’s such application An
pet.troner ma modt and resubmit an. ippt c on hid’ is not
appro’.ed Lpc: prro a ut an applicaii .,’ the ‘m r. t’-atcr rna
enter . O ‘‘ r -.R T flt V. - ... J V1 ’ ) ‘Ii5fl
i r mis s ct .j
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S v fA
“(j) Gw rs *i n Rrmn URSi U,4 ’T._ Upofl entering a cooperative r-r NIS,
ment under m.thsection (i), the Adininistrat or may provide to I
applicant, on a matching basis, a grant of 50 per centuni of the I u IZ C
costa of implementing the plan established under this section. The
Administrator may also reimburse the applicant of an approved
plan up to 50 per centum of the costs of developing such plan, except
for plans approved under section 208 of the Clean Water Act The
total amount of grants under this section for any one aquifer,
designated under section 1424 e), shall not i ceed $4,000,000 in any
one fiscal year.
“(k) Acrivi Fuiwgn TJwnra On L w.—No funds authorized j
under this subsection may be used to fund activities funded under
other sections of this Act or the Clean Water Act, the Solid Waste
Disposal Act, the Comprehensive Enironmental Response, Com-
pensation, and Liability Act of 1980 or other environmental laws.
“(I) REP0RT.—Not later than t cember 31, 1989, each State shall
submit to the Administrator a report aaseseing the impact of the p osf
program on ground water quality and identifying those measures
found to be effective in protecting ground water resources. No later
than September 30, 1990, the Administrator shall submit to Con.
gresa a report summarizing the State reports, and aseeseing the
accomplishments of the sole source aquifer demonstration program
including an identification of protection methods found to be mast
effective and recommendations for their application to protect
ground water resources from Contamlnition whenever necessary.
“(m) SAvINGS PaOvIs1oN. Not j g under this section shall be
construed to amend, supersede or abrogate rights to quantities of
water which have been established by interstate water compacts,
Supreme Court decrees, or State water laws; or any requirement
imposed or right provided under any Federal or State environ-
mental or public health statute.”.
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C R
L
The legislation also provides for the estab-
hshment of a new sole source aquifer dern-
onstration program and a new wellhead
• protection program that are not Supported
by the administration When originally in-
troduced, we observed that these new pro- , C Y\
• grams represented signi.fIca arid uliwar- 0
ranted intrusions into local and State land
use control and water use decisions Aj-
though we certainly agree that ground
water needs to be protected from major
contaminants, we believe that States have
the principal role iri Protecting this valuable
resource, and that the EPA has sufficient
statutory authority to assist the States where
appropriate In fact, the Federal Covern.
ment can never hope adequately to protect
the ground water resources of America
without the major participation and indeed
the leadership of State and local communj
ties, and S 124 reflects this important un-
derstanding.
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S - P
t’b -
- Co \C . R .
oi c4 c’
C
Let me describe the program to i5r
tect sole source aquifers first. It is a
grant program. It authorizes assist-
ance to State and local governments to
plan and implement progran that
will protect sole source aquifers. “Sole
source aquilers” is a concept placed ri
the original Sale Drinking Water Act
to identify drinking ater sources that
were especially Important—impoi-f nL
presumably because they ouJd be
hard to replace should they become
Contaminated. That was the concept.
Unfortunately the language in the
original statute as less than artfully
drafteçl. The language actually refers
to “sole or principal sources’ of drink-
ing water in the text of the Law. When
EPA tried to put this concept into a
regulatory dcfirution in the mid-1970s
they were unsuccessful. The v .ay the
statute Is drafted their Is nothing
“sole” about a sole source aquifer.
Where er more than 50 percent of the
population relies on gronpd water for
drinking water, the aquifer from
which the water Is taken is by defini-
tion the principal source of drinking
water and thus subject to designation
under the drinking water law hetneri
or not it is a unique source of supply.
EPA’s attempt to make a useful dis-
tinction between sole source aquifers
as the valuable resources we m ght,
imagine them to be and as the Con-
gress actually defined them in 1974
never came to a conclusion, There is
not now in regulation any prousion to
carry out the requirements of the 1974
act v’ith respect to sole source
aquifers.
Nevertheless, and despite these all
too fanuliar problems with the drink-
ing water program at the Federal
level, many State and local govern-
ment.s have put the concept of sole
source aquifer to good use and are
busy protecting those unique and vu!-
nerable drinking water resources from
contam ination. One place that hasl
made especially significant use of the
concept is Long Island, NY. The ac-
quifers of Long Island which make up
a complex and Interconnected hydro-
logical system are truly a sole source
of drinking water for some 3 mIllioni
persons, And Long Island has begun:
significant efforts to protect these
aquifers in ways that might prove
useful in other parts of the Nation.
Long Island is not the only such exam-
ple Communjtjes in Texas. Massachu-
setts, and Washington State are
making cotnparaole efforts.
It is the purpose of this amendment
to pros ide a demonstration program to
assist those local governments which
lia e made a start in protecting their
sole source aquifers. it is a demonstra-
tion program. This is not the first
cycle of some open ended Feneral corn-
mitinent to ground water protection,
The definition of sole source aquifer in
the Federal law could not serve useful-
ly as thc foundation for any such corn-
nutment. So we are limited to demon-i
strations. But supporting demoiutra-
tions is one useful and important role
that a national government can and
snould play in a federal s stern like
Ours
From the tenor of these remarks it
should be clear that it was only
through the leadership and persist-
ence of Senator MOYI I1 N that the
conference as persuaded to adopt
this demonstration program. His tire-
le is efforts overcame the doubts that
many of us had on this subject Arid as
a result of his efforts an approach to,
ground aater protection that v,as pio-
neered u-i his State may well become
t ’ model for other rogx-an’s .all
across the Nation.
C00393
1
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SOLE SOURCE AQUEFm DEMONSTRATION
PROGLtM
Besides these important genenc pro.
vLsions in the 1986 amendments to the
Sale Drinking Water Act, I am plea.sed
to call the Senate’s attention to the
Sole Source Aquifer Demonstration
Program, modeled after the Sole
Source Aquifer Protection Act, which
I first introduced in 1982. This wiU be
of special interest to residents of Long
Island, where over 3 million people
drink from one aquifer. In Nassau
County alone, studies have detected
synthetic organic chemicals in 119 of
339 public wells. These chemicals come
from diverse sources. Solvents from in-
dustries and resident’s homes, pesti-
cides from farms, nitrates from lawn
fertilizers, and chemicals which leach
from landfills.
New Yorkers are well aware of the
need to safeguard their water re-
sources. The work for the State legis-
lature, the Commission on Water Re-
source Needs of Long Island, the State
Department of Eavirorunentaj Conser-
vation, and a number of citizen groups
has made New York a leader in ground
water management, -
The Sole Source Aquifer Demon.stra.
tion Program will provide Federal
grants through EPA to finance 50 per.
cent of the costs of developing and tm-
plementing an aquifer protection plan.
States, cities, and other qualified polit-
ical subdivisions are eligible to apply
for these grants, which can amount to:
as much as $4 million per year in Fed-I
eral aid for each sole source aquifer.
This program will enable State and
local governments to cooperate with,
EPA in designing these plans. The leg-
islation enumerates a number of man-
datory elements for the plans, as well 1
as some elements which the States I
may choose to include depending on
individual conditions.
I believe that the sole source provi-
sions will contribute significantly to
conservation and management of
ground water resources which are irre-
placeable. The purpose of these provi-
sions is not to prevent development,
but to allow States to encourage devel-
opment in areas best suited to it Safe-
guards of public notice, ad isory
boards, and public hearings are built
into the sole source provisions States
and localities are subject to all exist-
ing constitutional and statutory limits
on their actions. Plans must be sub.
mitted )ointly with the Governor of
the State, and must be approved by
the EPA administrator,
The safe drinking water amend-
merits authorize sio million for fiscal
year 1987, $15 million for fiscal yeari
1988, and $17 5 million for each of the
3 fiscal years 1989 through 1991 to
fund the Sole Source Aquifer Demon-
stration Program, I personally sup.
ported this level of funding because I
believe adequate funding is a requisite
to the SUCCeSS of the program Once
our sole source aquifers are polluted, it
is ell nigh impossible to clean them
up, for both economic and technologi-
cal reasons, The prudent course is to
keep these drinking water supplies
clean at the outset.
tion Act designed to prevent the degre-
dation of our most critk ai under-
ground water supplies. I am pleased
that S. 124 incorporates the preventa-
tive approach in is bill to protect
sole source aquifers.
The Sole Source Aquifer Demonstra-
tion Program contained in S. 124 is a
comprehensive step toward protecting
one of our Nation’s most valuable nat-
ural resources. Communities which
depend on one aquifer as their sole or
principle source of drinking water are
in need of special assistance to pre-
serve their vulnerable water sources.
Under the Sole Source Aquifer Dem-
onstration Program, State and local
governments and other planning agen-
cies may work with EPA in developing,
implementing, and assessing demon-
stration programs designed to protect
ground ater resources within desig-
nated sole source aquifer areas. EPA
will provide half the necessary funds,
and a total of $77 5 nullion is author-
ized for the Sole Source Aquifer Dem-
onstration Program for fiscal years
1987 through 1991. A number of meas-
ures may be included in the protection
plans to maintain the water quality of
the aquifer, and a community can use
its approved “208 plan” for the com-
prehensive management plan required
under this program.
The new demonstration program
will be particularly helpful to the
State of Washington, where a signifi-
cant portion of the population relies
on aquifers for their sole or principle
water source. The Environmental Pro-
tection Agency has designated three
aquifers in Washington as sole source
aquifers: Spokane-Rathdrum Prairie,
Camano Island. and Whidbey Island
In addition, the Cross Valley, New-
berg, and Seven Lakes aquifers are
begin considered for sole source desig-
nation. The Spokarie-Rathdj-umn Aqui-
fer, which is the only source of drink-
ing water for a metropolitan popula-
tion of approximately 320.000, is in
need of immediate assistance The
quality of this aquifer’s water is de-
clining at a significant rate due to
seepage from septic systems. The city
of Spokane has developed a plan to
prevent further degradation of their
aquifer, a key element of s hich is the
use of pollution abatement measures I
would like to extend my special thanks
to Senator DURENBERCER and pro es-
sional staff member, Heather Wicke,
for their assistance in ensuring that
Spokane will be able to use funds
under the Sole Source Aquifer Protec.
tion Program to defray the cost of pol-
lution abatement measures which pro-
vide the only feasible option for pre-
serving Spokane’s aquifer
Jam confident that the’Sqle Source
Aquifer Demonstration Program sill
accomplish its purpose of enabling
communities to take the necessary ac-
tions to preser%e the quality and quan-
tity of their water sources Further-
more, S. 124 makes critical impro e-
merits in the Safe Drinking Water Act
which ill ensure that all public ‘ ater
o 39-4
systems provide high quality water.
urge my colleagues to give this mea.
sure their full support,
Mr. HELMS. Mr. President. I sha
vote in favor of the conference repoi
on S. 124, the Safe Drinking Wat(
Act Amendments of 1986, but I at
nonetheless concerned about one se
tion of the bill, section 205. which Wi
allow substantial Federal involvemer
In ground water monitoring. I feel
should make this concern a matter c
record.
- : ‘
(S€A .
I especially would like to commend
the committee members for their fore-
sight In establishing a new program to
protect sole source aquifers, In the
97th, 98th, and 99th Congresses I
joined Senator MOYNIHM as a cospon-
sor of the Sole Source Aquifer Protec-
P.
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\-\D--- - c tL - _9 c rL . - 2.03
cCtcJL dca
Mr DOWNEY of New Yorii. Mr
Sneaker, I a pleased today that 4 -,
years of hard work have produced a i.
conference report on amendment.s to
the Safe Drinking Water Act that will
mean high quality drinking water for
millions of Americans. I want to thank
the chairman and ranking minority
member of the Health Subcornn’iictee,
Representatives WAXMAN and Man-
SCAN. and their counterparts in the
other body for their efforts to include
a program to protect the 21 sole
source aquifers in the United States in
the Safe Drinking Water Act The
Sole Source Aquifer Demonstration
Program in S. 124 will enable areas
such as Long Island to protect under-j
ground srrp lies of drinking water and
preserve lands that are critical to the
quality and quantity of that ground
water.
Maintaining potable ground water in
an aquifer depends on the nature of
the land and vegetation lying abo e
the aquifer’s recharge zone A re•
charge zone is an area through which
precipitation and other surface runoff
filters down into the water table, Sev-
eral undeveloped tracts of land on
Long Island—including 110,000 acres
of pine in esstern Suffolk County—
anchor the loose soil of the island’s re-
charge areas Preserving this land is
critical to the protection of Long Is-
land’s supply of ground water.
However, pressure to develop these
lands threatens the future quality and
quantity of Long Island’s only source
of drinking water. Recent facts exem-
plify the ways in which pressure to
recklessly develop land has led to
ground water contamination Between
1976 and mid-1981, 83 of the approxi.
mately 1.000 major public drinking
water wells on Long Island were closed
or restricted in their use because of
contamination from synthetic organic
chemicals and nitrates. On the east
end of Long Island 1.400 private welis
have been contan riated by pesticides
that ha ,e entered the aquifer system
Severe coP tammation of a sole
source aquifer system means costly re-,
medial action Losing a natural supply 1
of water would force a community to’
rely on bottle water, treat its tap,
water through filters, or e en pipe
good water from a distanc-t source
Portions of some communities on Long
Island, such as Bay Shore. ha’ .e been
forced to abandon their wells in fasor
of using public wells The hookup
costs have been expensive. Pre eritIng
problems before they develop is sound
public policy that wilt mean cost sav-
ings and clean water for miflions of
people That t ’what 8. 124 wIll do.
The SofU Wi Muffer Demonstra-
tton ro amtn tZtis based on leg-
Ls ’at1oo_ Łhftt tor t1& i izt. FATIUCK
MCx m d ;X !tiZro ic .ecj in t.h
9 wd” gressea .. ŁriL w1n&
how tlnpor n -’ the.. pr ner a Lon . j
Long’ ? 1audr wsr4!igrxnd Z2i 1a:ax t
th quatfty ’ d! ttnk
water, we
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CC33 6
.v - + c C +.
N . c’ici_ S
—H C Vi$ 2 ’)
SEC. 203. SOLE SOURCE A QITIFER DEMONSTRA flON PROGRAM.
Part C of the Safe Drinking Water Act is amended by adding the
following new section after section 1426:
SEC. I 27. SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM.
“(a) PURPOSE.—The purpose of this section is to establish proce-
dures for development, implementation, and assessment of demon.
strutzon programs designed to protect critical aquifer protection
area .s located within areas designated as 8Ole or principal source
aquifers under section 14 2 4(e) of this Act.
“(b) DEFINFTION.—FOr purposes of this section, the term ‘critical
aquifer protect ion area’ means either of the following:
‘(1) All or part of an area located within an area for which
an application or designation as a sole or principal source aqui-
fer pursuant to section 1424(e), has been submitted and ap-
proved by the Administrator not later than 24 riwnth,s after the
enactment of the Safe Drinking Water Act Amendments of 1986
and which satisfies the criteria established by the Administra.
tor under subsection (d).
“(2) All or part of an area which is within an aquifer deszg-
rioted as a sole source aquifer as of the enactment of the Safe
Drinking Water Act Amendments of 1986 and for which an
areawuie ground water quality protection plan has been ap-
proved under section 208 of the Clean Water Act prior to such
enactment.
“t’c) APPL!CATION.—Any State, municipal or local government or
political sulxiiuision thereof or any planning entity (including any
interstate regional planning entity) that identifies a critical aquifer
protection area over which it has authority or jurisdiction may
apply to the Administrator for the selection of such area for a dem-
onstration program under this section. Any applicant shall consult
with other government or planning entities with authority or jurl .s-
diction in such area prior to application. Apphcant.s, other than the
Governor, shall submit the application for a denwn.s€rat ion program
jointly with’the Governor.
“(ci) CPJTERJA.—NOt later than 1 year after the enactment of the
Safe Drinking Water Act Amendments of 1986, the Administrator
shall, by rule, establish criteria for identif ng critical aquifer pro-
-------
tection areas under this 8eetiorg. In establishing such criterzcj the
Administrator shall consider each of the following:
“(1) The vulnerability of the aquifer to contamination due to
hydrogeologic characteristics.
“(2) The number of person.s or the proportion of population
using the ground uxzter as a drinking water source.
“(3) The economic, social and environmental benefits that
would result to the area from aznteriar e of ground water of
high quality.
“(4) The economie, social and environmental costs that would
result from degradation of the quality of the ground water.
‘ ‘e) CONTEN7 OF APPLICATION.—An application submitted to the
Administrator by any applicant for a demonstration program under
this section shall meet each of the following requiremen
“(1) The application shall propose boundaries for the critical
aquifer protection area within its jurisdiction,
“(2) The application 8hall designate or, if necessary, establish
a planning entity (which shall be a public agency and which
shall include representation of elected local and State govern.
mental officials) to develop a comprehensive management plan
(hereinafter in this section referred to as the olan 2 for the criti-
cal protection area. Where a local government planning agency
exists with adequate authority to carry out this section with re-
8pect to any proposed critical protection area, such agency shall
be designated as the planning entity.
“(3) The application shall establish procedures for public par-
ticipation in the development of the plan, for review, approval,
and adoption of the plan, and for assistance to municipalities
and other public agencies with authority underState law to im-
plerrient the plan.
“(4) The application shall include a hydrogeologic assessment
of surface and ground water resources within the critical protec-
tion area.
“(5) The application shall include a comprehensive manage-
ment plan for the proposed protection area.
“(6) The application shall include the measures and schedule
proposed for implementation of such plan.
“(I? COMPREHENSIVE PlAN.—
“(1) The objective of a comprehensive management plan sub-
rnitted by an applicant under this section shall be to maintain
the quality of the ground water in the critical protection area in
a manner reasonably expected to protect human health, the en-
vironment and ground water resources. In order to achieve such
objective, the plan may be designed to maintain, to the maxi-
mum extent possible, the natural vegetative and hydrogeological
conthtwn& Each of the following elements shall be included in
such a protection p4w
‘(A) A map showing the detailed boundary of the critical
protection area,
“(B)A identification of existing and potential point and
nonpoint sources of ground water degradation.
“(C) An a.sses8ment of th, relationship between activities
on the land surface and ground water quality.
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“(D) Specific actions and management pract ices to be im-
plernented in the criticaip tion area to prevent adverse
impacts on ground water quality.
YE) Identification of authority adequate to implement
theplan, estimates of program costs, and sources of State
matching lit rids.
“(2) Such plan may also include the following:
“(A) A determination of the quality of the existing
ground water recharged through the special protection area
and the natural recharge capabilities of th€ special protec-
lion area watershed.
‘YB) Requirements designed to maintain existing under-
ground drinking water quality or improve underground
drinking water quality if prevailing conditions fail to meet
drinking water 8tandarrjs, pursuant to this Act and State
law.
“(C) Limits on Federa4 State and local government, fi-
nancially assisted actwjtjes and projects which may con-
tribute to degradation of such ground water or any kiss of
natural 8urfqpe and subsurface infiltration of purification
capability of the special protect ion watershed
“(D) A comprehensive statement of land use management
including emergency contingency planning as it pertains to
the maintenance of the quality of undergrouruj 8ources of
drinking water or to the improvement of such sources if
necessary to meet drinking water standards pursuant to
this Act arid State law
“(E) Actions in the special protection area which would
ovoid adverse impacts on water quality, recharge capabili.
ties, or both.
“(F) Consideration of specific techniques, which racy in-
clude clustering, transfer of development rights, and other
innovative measures sufficient to achieve the objectives of
this section.
“(G) Consideration of the establishment of a State insti-
tution to facilitate and assist funding a development trans-
fer credit system.
‘W) A program for State and local implementation of
the plan described in this subsection in a manner that will
insure the continued, urn form, consistent protection of the
critical protection area in accord with the purposes of this
section.
“(7) Pollution abatement measures, if appropriate.
“(g) Pzjjrs UNDER SECTION 208 oi THE Cz.w’ WATER ACT—A
plan approved before the enactment of the Safe Drinking Water Act
Amendments of 1986 under section 208 of the Clean Water Act to
protect a sole source aquifer designated under section l424(e) of this
Act shall be considered a comprehensive management plan for the
Purposes of this section.
‘(Ii) CONSULTATION v HE.tRINGS.—DUi-Ing the development of a:
comprehensive management plan under this section, the planning
entity 8hall consult with, and consider the comments of appropriate
officials of any municipality and State or Federal agency which has
jurisdiction over Lands and waters within the special protection
0C0398
C)
-------
area, other concerned organizations .and technical and citizen advi-
sory committees. The planning entity shall conduct public hearings
at places within the special protection area for the purpose of pro-
viding the opportunity to comment on any aspect of the plan.
‘Yi) APPROVAL OR DISAPPROVAL .— Within 120 day after receipt o
an application under this section, the Adminiatrtjtor shall approve
or d&sapproue the application. The approval or disapproval 8hall be
based on a determination that the critical protection area satisfies
the criteria established under subsection (d) arid that a demorz .stm-
tion program for the area would provide protection for ground water’
quality consistent with the objectives stated in subsection (p9. The
Administrator shall provide to the Governor a written explanation
of the reasons for the disapproval of any such application. Any peti-
tioner may modify and resubmit any application which is not ap.
prouexL Upon approval of an application, the Administrator may
enter into a cooperative agreement with the applicant to estabkgh a
dern.oristration program under this section.
‘ j) G&.srrs AND REIMBURSEMENT.—UJJQn entering a cooperative
agreement under subsection (12 the Administrator may provide to
the applicant, on a matching ba8is, a grant of 50 per centum of the
casts of implementing the plan established under thzs section. The
Administrator may also reimburse the applicant of an approved
plan up to SO per centum of the costs of developing such plan, except
for plans approved under section 208 of the Clean Water Act. The
total amount of grunts under this section for any one aquifer, desig-
nated under section 1 4 2 4(e), shall not exceed $4,000,000 In any one
fiscal year.
‘Th) ACTIVITIES FUNDED UNDER Oiws L4 w.—No funds author-
ized under this subsection may be used to fund activities funded
under other sections of this Act or the Clean Water Act, the Solid
Waste Disposal Act, the Comprehensive Environmental Re3ponse
Compensation, and Liability Act of 1980 or other environmental
laws.
“(1) REp0RT.—Not later than Lkcember 31, 1989, each State shall
submit to the Administrator a report assessing the impact of the
program on ground water quality and identifying those measures
found to be effective in protecting ground water resources. No Later
than &ptember 80, 1990, the Administrator shall submit to Con-
gress a report sumrnw-i ing the State reports, and assessing the ac-
complishmen of the sole source aquifer denwn.gtrat ion program in-
chiding an identific ,n of protect ion methods found to be most ef-
fectwe and recommendations for their application to protect grvund
water resourt,es from contamination whenever necessary.
‘Yin) SAVINGS PROvIsi0N.—Nothing under this section shall be I
construed to amend supersede or abrogate rights to quantities of.
water which have been established by interstate water compacts, Su-
preme Court decrees, oi State water laws, or any requirement im-
posed or right prtwtded under any Federal or State environmental
or public health st .atute’
000399
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CONc., P. — ‘ , -4 1 C. 2’ )
r\r r’ l
U JLI4OO
SECTION 20S—so SOURCE AQUIFER DEMONSTRATION PROGRAM
&nate bilL—The Senate bill establishes administrative proce- I
du.r e for the development, implementation, and assessment of
demonstration program designed to protect ground water re- I
sources within designated sole source aquifer areas.
The Administrator is required, within 16 months of enactment,
to establish criteria for identifying “critical aquifer
areas” within sole source aquifer areas designated under Section
l 4 24(e) of the Act by the date of enactment
Any government or any planning entity that identifies a “critical
aquifer protection area” over which it has authorit or jurisdiction p 4 (
may apply to the Adminictrator for the selection olsuch area for a
demonstration program.
The provision establishes specific elements that are to be includ-
ed in such ap lication. The Administrator must a prove or disap-
prove the app cation within 120 days of receipt. Ti’pon approval of
an application, the Administrator may enter into a cooperative
agreement with the applicant to establish a demonstration pro-
gram and may provide, on a matching basis, a grant of 50 per cent
of the costa of developi.ng and implementing the plan.
An annual authorization of $20,000,000 is provided for grants for
fiscal years 1987-1990. The total amount of grants for any designat-
ed sole source aquifer in a fiscal year shall not exceed $4,000,000.
Each State participating in the program is required to submit a
report to the Administrator no later than December 31, 1989, as-
sessing the impact of the program. No later than September 30,
1990, the Admini trator is required to submit a report to Congress
summarizing State reports and assessing the accomplishments of
the sole source aquifer demonstration program.
House am endmen&—The House amendment establishes proce-
dures for the development and implementation of a protection pro-
gram for any aquifer designated as a sole or principal source aqui-
er under section 1424(e) of the Act. Upon designation of a sole or
principal source aquifer, any municipality within the area may ini-
tiate proceedings or the designation of a “special protection area”
within such area by petitioning the Governor to apply to the Ad-
ministrator for such aesignation. A petition must contain hydrogeo-
Iog c and other information specified in the provision.
the Adimnistrator approves the petition, the Administrator is
authorized to provide to the State, on a matching basis, a grant of.
50 percent of the costs incurred in preparing the petition and de-
veloping the plan. After such approval, the planning entity is di-
rected to prepare a comprehensive management plan for the spe-
cial protection area. Plans are reouired to include thirteen ele-i
menta specified in the House bill. itie Administrator is authorized
to provide to the State a matching grant of 50 percent of the cost&
of implementing the plan (60 percent in the case of an aquifer serv- 1
inga population of 10,000 or less).
e amendment aliip prohibits the disposal of solid waste over
the unconsolidated Quarternary aquifer in the Rockaway River
Basin, New Jersey, currently designated as a sole or principal
source aquifer under section 1424(e) of the Act, or the recharge
zone or streamllow source zone of that aquifer.
Conference agreernent.—The Conference agreement adopta a pro-
vision combining the House and Senate language with modifica-
tioris.
The provision establishes procedures for the development, imple- I
rnentation, and assessment of demonstration programs designed to
protect critical aquifer protection areas located within areas desig-
nated as sole or principal source aquifers under section 1424(e) of I
the Act. A critical aquifer protection area is defined as: (1) alt or
part of an area located within an area for which an application or I
designation as a sole or principal source aquifer (pursuant to &ec-I
-------
tion 1424(e)) has been submitted and anproved by the Administra-l
tor not later than 24 months after the date of enactment and
which satisfies the criteria established by the Adminstrator and (2) I
all or part of an area which is within an aquifer designated as a I
.sole source aquifer, as of the date of enactment of these amend- 0 U 0 4 0 1
ments, and for which an areawide ground water quality orotection
plan has been approved under section 208 of thiClean \Vater Act
prior to such enactment
Any State, municipal or local government or political subdivision
thereof or any planning entity that identifies a critical aquifer pro-
tection area over which it has authority or jurisdiction may apply p. L4
to the Adminiqtrator for the selection of such area for a dernonstra-
tion program. Applicants, other than the Governor, shall submit an
ap, cation jointly with the Governor.
e Administrator is required to establish criteria, not later
than one year from the date of enactment, for identifying “critical
aquifer protection areas.” In establishing such criteria, the Admin-
istrator shall consider a number of specified hydrogeologic, econom-
ic, social and environmental factors.
An application submitted to the Administrator by any applicant
is required to: (1) propose boundaries for the critical aqi.ufer protec-
tion area within its urisdiction; (2) to designate a planning entity
to develop a compre?iensive management plan for the critical pro-
tection area, (3) establish procedures for public participation; (4) in-
clude a hydrogeologic assessment of surtace and ground water re-
sources within the critical protection area; (5) include a comprehen-
sive management plan for the proposed protection area; aria (6) in-
clude the measures and schedule proposed for implementation of
such plan.
The provision specifies elements to be included in a protection
plan, the objective of which should be to maintain the quality of
the around water in the critical protection area in a manner rca-
sonabl expected to protect human health, the environment and
grounlwater resources. There are a number of additional elements
specified that states may choose to include in a plan to meet thia
ob ective.
ithin 120 days after receipt of an application under this sec-
tion, the Administrator must approve or disapprove the application
based on a determination that the critical protection area satisfies
the established criteria and that a demonstration program for the
area would provide protection for ground water quality consistent
with the stated objectives.
Upon approval of an application, the Administrator may enter
into a cooperative agreement with the applicant to establish a dem-
onstration program and provide to the aoplicant, on a matching
basis, a grant of 50 per cent of the costs oE implementing the plan.
The Administrator may also reimburse the applicant of an ap-
proved lan up to 50 per cent of the costs of developing a plan,
except t r plans approved under section 208 of the Olean Water
Act. The total amount of grants under this section for any one aq-
uifer, designated under section 1424(e), shall not exceed $4,000,000
in any one fiscal year.
No funds authorized under this subsection may be used to fund
activities funded under other sections of this Act or the Clean
Water Act, the Solid Waste Disposal Act, the Comprehensive Envi-
ronmental Response, Compensation and Liability Act of 1980 or
other Federal environmental statutes.
States are required, not later than December 31, 1989, to submit
to the Administrator a report assessing the impact of the program
on ground water quality and identifying those measures found to
be effective in protecting ground water resources. No later than
September 30, 1990, the Administrator is required to submit to
Congress a report Summarizing the State reports, and assessing the
accQmplishments of the sole source aquifer demonstration program.
The provision establishes that nothing unde r this section is to be
construed to amend, supersede or abrogate rights to quantities of
water which have been established by interstate water compacts,
Supreme Court decrees, or State water laws; or any requirement
imposed or right provided under any Federal or State environmen-
tal or pubhc health statute.
-------
\4J( 0 6 0 L po.-&-t cL
t3\ nRL . 4 4 ej _ , Cdc L zd.C... i , i’i -s)
S1 C. O4 , PROTECTIoN OF sin .g OR PRI\CIPAj,
sOtRtE C.ROL D V. T1 .R Rl , .CHAR( .g
(a) New Sec-rtoi, 1428 —Part C of the Sale
Drinking Water Act is arnerid d by addiiig
U - ‘ L . the following new section at the end there-
it l of —
FC it t PR i ’rIo OF ‘.iii,g ug pg (
‘lit RI E I,Ku( “ I) 4 (T H ( I (I I iiO. .
iRE.
‘(al Destc ’iirzce, OF sp —
1 Prrrrto —Upon designaiujn of a sole
or principaj Source area ur uant to ectioa
14 4ei any one or se t ral municIpajiLie
(or tai.e chartered . ‘ttitiec clarited aith
sole source aqu’fer maintenance and protec-
tion) aithin sucn area nay Initiate proceed-
.ngs for the designat , .y of a Special protec-
tion area aithiri the sole or principal source
area by petitioning the Goiernor of the
State in which the proposed special protec-
tion area is located to apply to the Adminis.
trator for the designation of special protec-
tioo area within the sole or principa l source
area
2) CONTENTS —A petition under this sub-
section shall propose boundaries for the spe-
cial protection area and further shall e’ alu-
ate ahether—
IA; the proposed special protection area
is a rechar. e tone for sigriifcant volumes of
ground aater ith drinking eater supply
potential,
B the ground aater which is recharged
through the proposed special protection
area is of high quality,
(C) portiop . of the proposed special prr
tection area within the sole or principa
source area are a!ready contaminat wit”
toxic organjcs, nutrients salts, or other po.
lutants,
‘(Di maintenance of high quality in tle
sole or principal source aquifer or in the
ground water recharged through the pro-
posed special protection area would have
sig n ificant eeoriomzc, social, and ecological
benefit,. for the sole or principal source
ares, and
“tEl degradation of ground water tn the
propoe d special protection area would have
signifi economic, social, and ecological
cists for the area.,
“(bi A paova, oa D15A PROVAL —Within
180 dap, foltow ng receipt of a petition
tinder thu section, the Got ernor, taking
into consideratioa the criteria set forth us
subsection (a 2), tha i) approve or disap.
prove the petition LI the Governor ap.
proves such petition, h shall—
‘(1) prope the bounda.ries the special
protection area.,
• (2 designate or. if nece ary, establish a.
p )Inning entity whrch may be a public
agency a wh cb may include reprenerna.
tiven of local and Stat,e goi. 4 rnmefl or
pl&nnzng entLrAes with a State charter; to
deveh*i a comprehena i e management plan
(hereinafter in this section referred to as
the plan) for the special protection area.
and
(3) establish procedure, for publIc par-
tidpatior i in the de,elopinent of the plan.
(or review, approes.1 and a.doptuyn of the
plan, and. for a.sSiStaoce to munieipAlitl
and other i )ublic g ’ncIes with aut . ,,flty
under State law to implement the plSrL
Where a local government planning agency
e ists with adequate authority to car- out
thi, section with respect to any p ose
special protection area, the Governor shall
dndgnne such agency 58 tbe plnOnI n8
entity under paragraph (21.
‘ (C i EPA —
“(I) ScBMISSIO , —Following a pro,a! of
the petition the Goternor shall Submit such
petition to the Adminntrator together aith
the sunemary of the action taken by the
Governor under subsection (bI
‘(2) AppRov g, Og OiS PPROVAL Wi1hin
120 days after the . mjni,strator’s receipt of
the petition the Adnsiniatrator shall ap-
prose or disapprote the petition The .Ad.
mln’strator shall approte the petition if he
finds that—
(A) the boundaries of the area cor,cer’ed
are based on the criteria iet forth in subsec.
Lion (a) (2). and
‘(B) the plaruiing entlt has the auftor
ity, pursuant to State lae and the technical
expertise to prepare the plan
‘3) MATCHi’ GBANTS —If the Adjririi , ra-
tor approt es the petition he ma pros ide to
the . tate on a matching ba . s a grant of 50
per centum of the costs incurred in prepar.:
trig the pet,tion and deteloping the plan
except that in the case of a murucipaJ,t
-tith a population of 10 000 or less the Ad.
‘ninistrator may protide to the Sate a
grant of 60 per centum of such CCStS
‘4) PREI.LMIN J y P,.iNNL .G FL’D —Fl ’e
designated planning ertity t’1roL , n r,le
Go ernor, ,shall be eligible or pi” r .arg
planning funds for a period mt o e’cce . d
tao 1. ears
di C0MPREH NS11E M NACEM T Pt.. IN —
“U) CO’t ’rett ’rs —A planning ert,ty desig.
flated under this section shall be al.:horjzed
and directed to pr 5 pare a co?’ -prenensi. e
manaeement plan for the pe’ a: protection
area Such plan haIl be &signed to main-
tain the uality of the ground lacer n :—e
pec’al protection area trirougi r.:airte
‘.tnce to the maxii-,uzn extent po s,aie, uf
ie rtetural teeetati ,e aria N dregeoioeical
nditon5 Such plan .shall inciude but mot
me limited to—
t a determination of the qualit} of the
‘tisting ground Cater recharged througn
-aid spectal protection area and the natural
recharge cap ilities of the special prctec
cion area taterst’ed.
(B) an identification of existing and po
tencial point and nonpoint sources of
g”ound water degradation, ground water
row patterns and the relationship between
vur ace water management and ground
eater quality arid recharge.
C1 requirements designed to mairtain
ex’sting underground drinking water.qual,u.ty
or improte underground drinking later
quality if prevailing conditlon fail to meet
drinkurg later standards, pursuant to this
tct and State law.
ID) a map showing the detailed boundary
of the special protection area.
iE) a resource a.ssessrnent of the aawunt.
oca .on. and t pe of human detelopment
and actitity which the ecos5stens cao sus-
Lain Chile still maintaining exLs iang ground
and surface eater Quality and protecting
unique ecologiosj featw’es related to mu.ainte-
rance of Cater quality,
(F) (units on Federal. State. and local
goternmenL financssjjy ast,i,sted acu’.ities
and projects which may conaribu e to degra. I
dation of such ground ‘Cater or any loss of
natural surface and sobsw’face infiltration
or purificatiun capteility of the Special pro.
tection area watershed.
(0) a Cornpriihen,sju,e statement of land
use man ge . including emergency con.
Lingency planning as it pertains to the main-
tenance of the quality of underground
sources of di’ n g water or to the Lm.proie- I
ment of such sources if necessary to meet
drlnkjng water standards pursuant to this
Act and State la
gLf
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000403
p 2 - c
—(& n t pr t1 area
e Jd a w.er
U&IAJ. (ac. zW cs t ,
“IL) cans ratio 31 ŁO sLic Lechnsques,
which as Include c1u.sLenn , t n far of
de elopment rights, and other innovauve
mr iire 5 su iCient to achieve the ob3ec.
lives 04 this ,eetlon
J1 ‘ o of the estebU 1o esfl of
a State tnatsiifl.foa f ili2ito id s.
tun $ deve o seat traz jer credit
system.
“ (K) a program far Stale and local Ln le.
mentatian of the pla.n descnbed In this sub-
sectIon In a manner that wiJl Ensure the con-
trnued. uniform, eor istent protection of
the spec4al protection erea Irs aceord with
U pur c of this Ead ton:
“ CL) pollution *bat nent measw ’ . it ap-
propr te and
(Ml adequate personnel. I unLtirig, and au-
thority to carry out the plan
“(2) Co sui.r ioij jyn HLAa1sIGs.—Durtjsg
the development of the comprehensive man-
agement plan, the planning entity shall con.
suIt with, and consider the comment.s of, ap.
proprja,ze officials of any municipality and
State or Federal agency which has jtn-asdic-
Lion over lands and waters within the spe-
ci.aJ protection area, other concerned organi-
zations and technical and citizen ad sory
committees ehich shall be established by
the Governor The planning entity shall
conduct public hearings at places within the
special protection area for the purp e of
providing an opporttmjty to comment on
any aspect of the plan.
‘(e) Fisiu. Pi.ts —The planning entity
shall submit a final plan to the Governor
for revies. The Goternor shall approte or
disapprote the plan ba .sed upon a determi-
nation that such plan protects underground
sources of drinking water co ered thereir-
from contamination that may adversel
affect the health of persons An approsed
plan shall be submitted by the Go cr ior to
the Adininisti-ator for reuee Within 120
days, the Aulmiriisu-ator shall approve the
plan or submit in a riLing to the Governor
his reasons for not approving it The Gover-
nor may resubmit any plan which is not ap-
proved The Adminisu-ator thall approve
any plan etlich satisfies the requiremen of
this section
“(I) MATCUENG Gasirrs —If the Adminis-
trator approses the plan, he may protide to
the Stare on a matching basis a grant of 50
per centum of the costs of tniplernenting the
plan (or 60 per cvmum of such corts In the
case of an aquifer serving a population of
10 000 or leasi
“(g) Osnvs To Paovzng Dax,icxg
WATER.—
‘(1) ISsUANCE —If the Administrator (or
any State ebich has primary enforcemenL
responsibility, sithin the meaning of sec-
tion 1413, for public water systems under
part B of this title) determines that.—
•‘(A) any person ha,s caused or contributed
to the presence of any cgiicaminant in any
8ole or principal source aquifer designated
under section 1424(e) ehich supplies or can
reasonably be expected to suppL , an
public water s)stem, and
“(SI the presence of such contanitnant In
euth water system may adversely affect the
health of persons unlees such water is treat-
ed or alter-native water supplies are pro id.
ed.
he may (awe au order requiring s cb persol
to provide adequate supplies of pOLa.h_Ie
drinking eater to the persons served by
such public water system
‘(2) Review —Any interested person may
obtain review of an order towed by the Ad-
mInisu-asor ( ‘ the State) under thu ct)oa
the as aae IThIted 8t,aieg d j-Ict
fl ‘wlthks 2. h*y day, after Use
01 the oM .
“(3) s o.c tiiy —Any person who vi .-
Isles, or fa l ls es’ refuse.s to airripi y with, an
order un z IlLs Subsection e- - ‘I’ bs itabie I c
the United Stales (or to Ii ate in the
ease 01 a scuon broug lit by .sLeI for a
Cr 11,, penslty 01 tsz more than U.ŘI ‘
y of 1104s.Uon. If arsj per n taJ% to pay
a e nect of a cIvil pessa y after It has
bec e a final and unappeal- able order, or
alter the appro ’esge court of a eal , has
entered final judgment In favor 01 the Ad.
mmtztrator (or the State). the Attorney
General shall recover the amount for wtiieh
seh person is liable in any appropr d-
triet court of the United States In any such i
seuon. the vthdlty and appropriat of
the final order eider this section or the as-
sessment of a civil penalty shall not be sub-
ject to review
“(4) Omas Riewrs —Nothing In t th see-
Lion shall be construed to rvalnct or pre-
em-pt any right ehicis any public water
system or any other person (or dass of per.
sons) may have under any statate os
common law to seek enforcement In any
Federal. State, or local court Os- In any ad.
minrairative proceeding of any provision of
this Act or any other re4ief regarding the
contamination of any drinking water
supply
“(51 Rotrripic acascm,i’ugat Acrivrrsxs—
Paragraph (1) shall not apply to any con-
tamination which results from routine agri-
cultural actit ities
“th) Csrrnua P05 Aezas D 1CNATED
Winca SEc-noN 1424te) —Within 12 months
after the date of the enactment of this sec.
tion the Administrator shall, by rule, estab-
lish criteria for the areas to be designated
under sect on 1424(e ) and eligible for special
protections under this section Such cr °- a
shall include aquifer use t’ulnerabi’
eater quality and una ailability of alte-ra
Use supplies of drinktrg eater Designai o’ls
made under section 1424(e) before the en-
actment of this section shall be resiesed
and reevaluated in accordance with the cri-
teria promulgated pursuant to this n ..bsec-
Lion
(b) PROHiBITION OF SOLID WASTE Dispoasi.
Ovens CERTAIN Soi.z Sousca AQt’trea —Sec-
tion l424(e) of the Safe Drinking Water Act
Is amended by Inserting “(1) after (eu
and by adding at the end thereof the folloc-
trig new paragraph
(2) Notaithst.and ng any other prmision
of la , no person may place soiid ea.ste las
defined in the Solid 5a.ste Disposal Acti in
a landfill surface impoundment, easte pile
injection well or land treatment facility as
those terms are defined in i-egulatioris under
the Solid Waste Disposal Act) located o’.er
the Unconsolida Quas-ternary Aquifer or
the recharge tone or strearnflow source zone
of such aquifer in the Rockaway Riser
Basin. New Jersey tas such aquifer and
zones are described in the Federal Register,
January 24, 1984. pages 2946-2948i This
paragraph may be enforced by a cu-il action
Under section 1449
P L C)S
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O O O4
h C, -
\- L+ (\ 5)
SEC. 204 PROTECTION OF SOLE OR PRINCIPt.I. SOLaCE GROUND WATER REf II%4itijE .ERE
(a) NEW SECTION 1428.—Part C of the Safe Dnnku g Water ct. is’ am rr.bth b l
adding the following new section at the end thereof.
SEC i128. PROTECTION OF SOLE OR PRINCIPAL SOCRCE GROUND WATERRI DIAIHbB %Zfl .S
‘(a) DESIGNATION or SPA.—
“(1) PETrTION —Upon designation of a sole or principal siuroa araauiutit ‘
to section 1424(e). any one or several municipalities (or St. e. jtu ,r yaIenut t,si
charged with sole source aquifer maintenance and protectiuu,wiUihn uortiars.’ta 1
may initiate proceedings for the designation of a ‘special pr’JJI,aruaI wit2iini
the sole or principal source area by petitioning the Gove’ io, oil tho’ t t ’ in’
which the proposed ‘special protection area’ is located to aii i’ ro tda .i td iini
trator for the designation of special protection area’ withintte ib ’un ’p,rnLc oth
source area
“(2) Co rr ’rs —A petition under this subsection shall pnr oiaiidiru cir ’
the special protection area and further shall evaluate whevler —
“(A) the proposed special protection area is a recha-r ane i1)i’ .gpul .
cant volumes of ground water with drinking water sup!lt . ,oi nnwl
“IB) the ground water which is recharged through *te ro itsRes’u1 ( 11
protection area is of high quality; -
“(C) portions of the proposed special protection arui-’vitthnt 1n ’ojh r.
principal source area are already contanimated with L x aor rnica , iutrt’-
ents. salts, or other pollutants;
“(D) maintenance of high quality in the sole or pr aeoui o aci iifęr
or in the ground water recharged through the proposi 2pociat pr ow wai
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ri
U ii U -
area wouid have significant ecenornic, social, and ec ogical benefits (or the
sole or principal source area; and
“(E) degradat.ion of ground water in the proposed special protection area
would have significant ecenomic, social, and ecological costs for the area
“(b) Aprsov*i OR DiSAPPROVAL—Within 180 days-following receipt of a petition
under this section. the Governor, taking into consideration the criteria set forth in
subsection (a*2), shall approve or disapprove the petition. if the Governor approves
such petition, he shall—
“(1) propose the boundarise of the special protection area;
“(2) designate or, if neceseary, establish a pl .nning entity (which may be a
public agency and which may include representatives of local and State govern-
ments or planning entities with a State charter) to develop a comprehensivat
management plan (hereinafter in this section referred to as the ‘plan) for thei
special protection area, and
“(3) establish procedures for public participation in the development of the
plan, for review, approval, and adoption of the plan, and for assistance to mu-
nicipalities and other public agencies with authority under State law to imple-
ment the plan
Where a local government planning agency exists with adequate authority to carry
out this section with respect to any proposed special protection area, the Governor
shall designate such agency as the planning entity under paragraph (2).
“(ci EPA —
“(1) SuBMissioN —Following approval of the petition the Governor shall
submit such petition to the Administrator together with the summary of the
action taken by the Governor under subsection Ib).
“(2) APrROVAJ. oa DisAppRovAL—Within 120 days after the Administrator’s
receipt of the petition the Administrator shall approve or disapprove the peti-I
tion. The Administrator shall approve the petition if he finds that—
“(A the boundaries of the area concerned are based on the criteria set
forth in subsection (aX2) and
“(B) the planning entity has the authority, pursuant to State law, and the
technical esperttse to prepare the plan.
‘(3) MAT’CHiNC cs ’rrs —Ef the Adiruritstrator approves the petition, he may
provide to the State, on a matching basis, a grant of 50 per centurn of the coats
incurred in preparing the petition and developing the plan, except that in the
case of a municipality with a population of 10,000 or less, the Administrator
may provide to the State a grant of 60 per centum of such costs
“(4) Pitxusir ay PLANNING FUNDS —The designated planning entity, through
the Governor. shall be eligible for prehrninary planning funds for a period not
to exceed two years.
“(d) CoMPRxitKj ’ sry MANAGEMRN7 PLAN.—
“(1) Coi rrx -rs.—A planning entity designated under this section shall be au-
thorized and directed to prepare a comprehensive management plan for the spe-
cial protection area, Such plan shall be designed to maintain the quality of the
ground water in the speciaj protection area through maintenance, to the maxi-
mum extent possible, of the natural vegetative and hydrogeological conditions,
Such plan shall include but not be limited to—
“(A) a determination of the quality of the existing ground water re-
charged through said special protection area and the natural recharge ca-
pabilities of the special protection area watershed,
“(B) an identification of existing and potential point and nonpoint sources
of ground water degradation, ground water flow patterns, and the relation-
ship between sw’face water management and ground water quality and re-
charge,
“(C) reqwrements designed to maintain existing underground druikuig
water quality or improve underground drink,ing water quality if prevailin
conditions fail to meet druiking water standards, pursuant to this Act an
State law
“ (Di a map showing the detailed boundary of the special protection area;
“(El a resource assessment of the ainoujit. location, and type of human
development and activity which the ecosystem can sustain while still main-
taining existing ground and surface water quality and protecting unique
ecological features related to maintenance of water quality;
“(F) limits on.Federal, State. and local government, financially assisted
activities and projects which may contribute to degradation of iuch ground
water or any lose of natural surface and subsurface infiltration or purifica-
tion capability of the special protection area watershed;
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a comprehensive statement of land use management including erner
gency contingency planning as it Pertains to the maintenance of the quality
of underground sources of drinking water or to the improvement of such
sources if necessary to meet drinlung water standards pursuant to this Act
and State law;
“(H) actions in the special protection area which would avoid adverse im-
pacts on water quality, recharge capabilities, or both: Q ‘ r
‘(1) consideration of specific techniques, which may include clustering, , ,“ -‘ _t
transfer of development rights, and other innovative measures sufficient to
achieve the objectives of this section,
“(J) consideration of the establishment of a State institution to facilitate
and assist in funding a development transfer credit system. ‘ ,
“(K) a program for State and local implementation of the plan described r
in this subsection in a manner that will insure the continued uniform. con-
sistent protection of the special protection ar, a in accord with the purposes
of this section, - —
“IL) pollution abatement measures, if appropriate; and
“ (M I adequate personnel, funding, and authority to carry out the plan
‘(2) CONSULTATION AND HEARiNGs —During the development of the compre-
hensive management plan, the planning entity shall consult with, and consider
the comments of. appropriate officials of any municipality and State or Federal
agency which has jurisdiction over lands and waters within the special protec-
tion area, other concerned organizations and technical and citizen advisory com-
mittees which shall be established by the Governor The planning entity shall
conduct public hearings at places within the special protection area for the pur-
pose of providing an opportunity to comment on any aspect of the plan
“le) FiNAL PI,AN —The planning entity shall submit a final plan to the Governor
for review The Governor shall approve or disapprove the plan based upon a deter.
mination that such plan protects underground sources of drinking water co ered
therein from contamination that may adversely affect the health of persons An ap-
proved plan shall be submitted by th Governor to the Administrator for review
Within 120 days, the Administrator shall approve the plan or submit in writing to
the Governor his reasons for not approving it The Governor may resubmit any plan
which is not approved The Administrator shall approve any plan which satisfies
the requirements of this section
‘(f) MATCHiNG GRANTS —If the Administrator approves the plan, he may provide
to the State on a matching basis a grant of 50 per centum of the costs of implement-
ing the plan (or 60 per centum of such costs in the case of an aquifer serving a popu-
lation of 10,000 or less)
“(g) ORDER To PROVIDE DRiNKING VAr R —
“(1) lssuANcE.—tf the Administrator (or any State which has primary enforce-
ment responsibility, within the meaning of section 1413, for public water sys-
tems under part B of this title) determines that—
‘(Al any person has caused or contributed to the presence of any con-
taminant in any sole or principal source aquifer designated under section
l424(ei which supplies, or can reasonably be expected to supply, any public
water system, and
“(B) the presence of such contaminant in such water system may adverse..
ly affect the health of persons unless such water is treated or alternative
water supplies are provided,
he may issue an order requiring such person to provide adequate supplies of
potable drinking water to the persons served by such public water system.
“12) REV1cW —Any interested person may obtain review of an order issued by
the Administrator (or the State) under this section in the appropriate United
States district court within thirty days after the issuance of the order
“(3) ENFORCEMENT —Any person who violates, or fails or refuses to comply
with, an order under this subsection shall be liable to the United States (or to
the State in the case of an action brought by the Stat.ei for a civil penalty of not
more than Ł5,000 per day of violation If any person fails to pay an assessment
of a civil penalty after it has become a final and unappealable order, or after
the appropriate court of appeals has entered final judgment in favor of the Ad-
ministrator (or the Statei. the Attorney General shall recover the amount for
which such person is liable in any appropriate district court of the Unitedi
States In any such action, the validity and appropriaten of the final order
under this section or the assessment of a civil penalty shall not be subject to
review
“(4) Oi-a a RJGH’Ts —Nothing in this section shall be construed to restrict or
preempt any right which any public water system or any other person (or class
of persons) may have under any statute or common law to seek enforcement in
any Federal, State. or local court, or in any administrative proceeding, of any
provision of this Act or any other relief regarding the contamination of any
drinking water supply
“(5) Rou-n AGRICULTURAL Ac-riviTles —Paragraph (1) shall not apply to any
contamination which results from routine agricultural activities
“(hi CRI-rERIA FOR AREAS DFa1GNA1 ’F.D UNDER SECTION 1424(e)—Within 12 months
after the date of the enactment of this section, the Administrator shall, by rule. es-i
tablish criteria for the areas to be designated under section 1424(e) and eligible for
special protections under this section Such criteria shalt include aquifer use, vul-
nerability, water quality, and unavailability of alternative supplies of drinking
water Designations made under section 112 1e) before the enactment of this section
shall be re iewed and reevaluated in accordance with the criteria promulgated pur’
suant to this subsection’
4b) PROhiU (-rION op Souo WAS-rE thspoe&i. OvER CERTAJ’4 SO.LE SOURCE AquiFei —
Section 1424ei of the Safe Drinking Water Act is amended by inserting’’(l)” after
“(e)” and by adding at the end thereof the following new paragraph
“(2) Notwithstanding any other provision of law, no person may place solid waste
(as defined in the Solid Waste Disposal Act) in a landfill, surface impoundment.
waste pile, injection well, or land treatment facility (as those terms are defined in
regulations under the Solid Waste Disposal Act) located over the Unconsolidated
Q uarternary Aquifer, or the recharge zone or streamflow source zone of such aqui-
fer. in the Rockaway River Basin. New Jersey as such aquifer and zones are de-
scribed in the Federal Register, January 24. 19 8- I, 2946—2948) This paragraph
k , n.,C,,, - , - ,,l i... ., - ,,.I ., ,-.. -,., ,,..,1,,..
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No. ‘C
l 1LF (icy
Section 204 -
EPA, may upon petition or at its own discretion, designate an aq- p 3
uifer that is the sole or principal drinking water source for the
area. 23 After designation of the aquifer, no Federal financial assist-
ance may be given for any project which may contaminate the aq-
uifer to create a significant risk to public health.
For sole source aquifers, a coordinated Federal-State strategy is
established, which includes a planning process, a grant program,
requirements for protection of critical recharge areas, and new en-
forcement tools.
Section l 4 26(a) provides that upon designation of a sole or princi-
pal source area, any municipality or state chartered entity charged
with sole source aquifer maintenance and protection within the
area may initiate proceedings for the designation of a “special pro-
tection area” within such area by petitioning the Governor or the
State in which the proposed “special protection area” is located to
apply to the Administrator for the designation of a “special protec-
tion area” within the area.
A petition under this subsection is to contain a proposal for
boundaries for the special protection area. In addition, it must
evaluate whether: (1) the proposed special protection area is a re-i
charge zone for significant volumes of groundwater with drinking
water supply potential; (2) the groundwater which is recharged
EPA has designated the following areas sole source aquifers. Edwarth Aquifer. Ta.
Nassau/Suffolk Counties. N Y, Maryland Piedmont. Northern Guam Fresno County. Ca.
Spokan-Rathdrum, Wa Biscayne Aquifer. Fla. Buried Valley NJ. Cape Cod, Ma, Whidbey
i5land. Wa. Camano Island. Wa. KingsiQueens Counties, N V. Upper Santa Cruz & Avra.Alcra
Basin, AZ. Nantucket island Ma, Block Island, RI, Ridgewood. NJ. and Upper Rockaway
River Basin, NJ
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YVVVV\. (.1 () + 1 ( ( c 08
through the proposed special protection area is of high quality; (3)
portions of the proposed special protection area within the sole or
principal source area are already contarńiriated with toxic organics,
nutrients, salts, or other pollutants; (4) maintenance of high quality
in the sole or principal source aquifer or in the groundwater re-
charged through the proposed special protection area would have
significant economic, social, or ecological benefits for the sole or
principal source area; and (5) degradation .or groundwater in the
proposed special protection area would have significant economic,
social, and ecological costs for the area.
The Governor must approve or disapprove the petition within
one hundred and eighty days following receipt of a petition from a
municipality If the Governor approves the petition, he is to pro-
pose the boundaries of the special protection area and designate, or
if necessary, establish a planning entity (which may be a public
agency and which may include representatives of local and state
governments or plannig entities with a state charter to develop a
comprehensive management plan. In addition, the Governor must
establish procedures for public participation in the development of’
the plan, for review, approval, and adoption of the plan, and for as-
sistance to municipalities and other public agencies with authority
under State law to implement the plan.
Section l 4 26c provides that after approval of the petition, the
Governor is to submit the petition to the Administrator The Ad-
ministrator is required to approve or di approve the petition within
one hundred twenty days of receipt The Administrator must ap-
prove the petition if he finds that’ (1) the boundaires of the area
are based on the criteria set forth in the petition under section
1426(a12) and (2) the planning entity has the authority, pursuant to
State law, and the technical expertise to prepare the plan. If the
Administrator approves the petition, he is authorized to provide to
the State, on a matching basis, a grant of 50 percent of the costs
incurred in preparing the petition and developing the plan. In the
instance of a muncipality with a population of 10,000 or less, the
Administrator can provide to the State a grant of 60 percent of the
costs. The designated planning entity, through the Governor, is eli-
gible for preliminary funds for a period not to exceed two years.
Section 1426(d) directs the planning entity to prepare a compre-.
hensive management plan for the special protection area The plan
must be designed to maintain the quality of the groundwater in the
special protection area, through maintenance, to the maximum
extent possible, of the natural vegetative and hydrogeological con-
ditions.
Requirements of the plan include:
(1) a determination of the quality of the existing groundwat-
er recharged through the special protection area and the natu-
ral recharge capabilities of the special protection area water-
shed;
(2) in identification of sources of groundwater degradation,
groundwater flqw patterns, and the relationship between sur-
face water martagement and ground water quality and re-
charge;
(3) requirements designed to maintain existing underground
drinking water quality or designed to improve under drinking
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Y /
‘J _w .
water quality if prevailing conditions fail to meet drinking
water standards pursuant to the Act and State !aw:
(4) a map showing the detailed b undary of the special pro-
tection area;
(5) a resource assessment of the amount, location, and type
of human development and actwity which the ecosystem can
sustain while still maintaining existing groundwater quality
and protecting unique ecological features related to mainte-
nance of water quality;
(6) limits on Federal, State and local governments, financial-
ly assisted activities and projects which may contribute to deg-
radation of such groundwater or any loss of natural surface
and subsurface infiltration or purification capability or the
area;
(7) a comprehensive statement of land use management in-
cluding emergency contingency planning as it pertains to the
maintenance of the quality of underground sources of drinking
water or as it pertains to the improvement of such sources if
necessary to meet drinking water standards;
(8) actions in the special protection area which would avoid
adverse impacts on water quality, recharge capabilities, or
both;
(9) consideration of special techniques, which may include
clustering, transfer of development rights, and other innova-
tive measures sufficient to achieve the objectives of this sec-
tion;
(10) consideration of the establishment of a State institution
to facilitate and assist in funding a development transfer credit
system;
(11) a program for State and local implementation of the
plan;
(12) pollution abatement measures, if appropriate; and
(13) adequate personnel, funding, and authority to carry out
the plan.
The Committee believes that areas which rely upon a sole aqui-
fer for their drinking water present the strongest case for stringent
protection of drinking water supplies. In areas where the popula-
tion depends on one aquifer for its drinking water, the land and
vegetation lying above the recharge area is often critical to the
maintenance and sustenance of the aquifer’s purity. For instance,
Long Island, New York and southern New Jersey contain tracts of
undeveloped pine forests and other equally significant lands cov-
ered by natural vegetation that anchor the loose soil of the re-
charge areas. The Committee intends that this subsection will
enable the planning entity to take all actions necessary to obtain
preservation of these areas for present and future generations and
thereby guarantee the highest water quality and quantity and the
fullest recharge capability for the aquifers.
The Committee believes that under certain circumstances it may
be appropriate for a planning entity to institute pollution abate-
ment measures as th only practical method of achieving the objec-
tive of aquifer protection. Use of funds under this section to assist
in defraying the cost of pollution abatement measures would be ap-
propriate where such measures essentially provide the only feasible
-------
option for preserving the aquifer, the aquifer is the only potable
water source for virtually the entire population served by the aqui
fer, obtaining alternative water supplies is not technologically or r’
economically practical, and the population served by the aquifer is ‘-‘ ‘-‘ V.
using all other available forms of local financing including sales
taxes and revenue bonds, to carry out the abatement program to
protect the acquifer.
The Committee has inserted language in the bill to prevent any
person from placing solid waste in a landfill, surface impoundment.
waste pile, injection well, or land treatment facility (as those terms
are defined under regulations of the Soli Waste Disposal Act) lo-
cated over the Unconsolidated Quaternary Aquifer, or the re-
charge zone or streamfiow source zone of such aquifer, in the Hock. P
away River Basin. New Jersey. This restriction is limited solely to
the aquifer identified.
During development of a sole source aquifer plan, the planning
entity is to consult with appropriate Federal and State officials and
other concerned organizations and citizen advisory committees. The
planning entity must also conduct public hearings at places within
the special protection area.
Section l426(e) establishes the Federal and State procedures for
approval or disaproval of the plan to be prepared by the planning
entity
Section 1426f) authorizes the Administrator to provide to the
State a matching grant of 50 percent of the costs of implementing
the plan (60 percent in the case of an aquifer serving a population
of 10,000 or less).
Section l 42 6(g) provides that if the Administrator (or the State
which has primary enforcement responsibility within the meaning
of section 1413 of the Act), determines that any person has caused
or contributed to the presence of any contaminant in any sole or
principal source aquifer, which supplies or can reasonably be ex-
pected to supply any public water system, and the presence of such
contaminant may adversely affect the health of persons, then the
Administrator or the State may issue an order requiring such per-
sons to provide adequate supplies of potable drinking water to the
persons served by the public water system
The Committee has inserted language in the bill to make clear
that the authority to issue an order under section l 42 6(g) is limited
to contamination other than that which results from routine agri-
cultural activities. To be exempted from this section, the routine
agricultural activities must be in compliance with State and Feder-
al laws and regulations covering the use and application of pesti-
cides and other chemicals. Negligent actions are not exempted.
In addition, provisions for judicial review and civil penalties are.
established for orders issued under this section.
Section 1426(h) requires the Administrator to promulgate regula.
tions establishing criteria For areas to be designated under Section
l426(e) as sole source aquifers, In establishing the criteria for desig- i
nation of areas as sole source aquifers, the Committee expects the
Administrator to review such factors as the current and potential
uses of the aquifer, the aquifer’s vulnerability to degradation arid
its potential for future utilization, the water quality and quantity
of the aquifer, and whether it is technologically and economically
practical to secure alternate supplies of drinking water Generally,
this Committee anticipates the rule would provide that areas would
be designated as sole source aquifers under Section 1426(e) if the
aquifer provides drinking water for a major portion of the popula-
tion, if the aquifer is vulnerable to degradation, if the water qual-
ity and quantity of the aquifer can be maintained, and if it is not
practical to obtain alternate drinking water supplies under current
technological and economic constrnints. Morever, the area of desig-
nation shall include both the recharge area and the user area of
the aquifer Areas designated as sole source aquifers under section
1426(e) would be eligible for iecial protection ur der Sect lDn 1426
Desigriati ns made under section l424(e) before enactment of this
section are to be reviewed and reevaluated in accordance with the
criteria promulgated under this section.
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. S 0 .i l o cLu cc a — 2o
r ’ C op&. EL.
HoA4 % .i,i1 c)
Section 204—Protection a! sole or pri net psi
a res gro*ndwsfer recharps erewe
The bill provides a peocedtn’e by which
inicfpsiltiss. pu usat to 1424(e), a pe-
UUon the ss ’ or 10 pIy to EPA to he
d 1gn.ated aa a e Z protect ‘e
(SPA). This petltloo wW prop e boup ies
and evaluate w b
(a) the 8P r ig I*zgp 01
potenu.aI drmnL *fer -
(b)the abo e v%& GfJdgh
(C) the 8PA I c tl1nInated with vss1ou
cont m4n sr ita.
(d) matntenance of high ua11ty estee in
the SPA would ha,e signthesat besie1 ts
and
Ce) U not maintained, would have slgsstfi.
CSflt OO L
The governor eonsldesi the thsee erite-
na approves or disap -v. the petlt and
If waroved the govarnee p? 4 tie
botmdai7 of the 8PA, b b a iI.ag
entity to develop a Ma ement g .n and
public pszUctpaUog i preeediirea Tie EPA
then appro or d1sappr ves the psigion
based on the above criteria.
The plannjig enllty prepare, a plan for
the SPA—designed to maintain natural veg-
etative and hyds ’ogeologlegj conditions to
the maximum ertent p0lb4e. This p4tn in-
eud
(a) the SPA’u groundwater qnaJ1ty
(b) ldentlfl t c of point az aon .polifl
louree, of
(C) requfrnrnents nseded to et deth.
water lndardg
(d) a map of the SPA:
(e) assessment of the do t the
SPA can sustain and still protect water
qiiality
(t) hrnitg on federa1 state and leesi gov-
ern nt I $leg which y c. — ile the
Capability of the to purtt greundwat-
er.
(1) 4 a - ar to
J A dil.sk1 5t r
(hI actini a id a e e
charge l irlty lpd wai Qua1i
(i) cofulder sUon of ectiic tocls Lo
meet true secilon’ , ob.jectlves; -
cond’ tlon of estabitah lag develop-
ment trpziafer credit aystem
(k state and local Implementation
(1) pollution abatement measures, It ap-
proprta&e, and
(m) adequate Pe ft iIng and au-
thority.
The governor apu w,w PkS If it pro-
tects the SPA from ts2i fr tIon which
adversely affects the heslth of persons. EPA
then approves or d1s*pi .iruvei the pigit
Grants of 50 percent of the coat of prepar-
ing the petition are available (80 percent In
municipalities with less than 10.000 people).
Grants of 50 percent of the costs of tuiple-
menting the plan are available (80% in mu-
nlcipallties with less than 10.000 people)
The EPA will establish criteria to deter.
lathe what areas eligible for SPA status
under 1424(e).
The bIll allows the EPA (or States with
primary enforcement responsIbility) to
bring actions against:
(a) any person causing or contributing to
the presence of a cont.an lrtsg In a 1424(e)
•uea which reasonably may or does supply a
public water system, and
(b) this contaminant may adversely affect
the health of person, unless the water Is
treated or alternate water supplies are pro-
vlded Such person may be requited to
supply I ,It.ernative drinking water
A federal district court review of this
order is possible Violation or refussi to
comply with orders subjects the person to
fines.
bPorvui k c-
source aaullers. or those aaulfers 4——
which supply all of the drinking water
for a community. If these valuable re-
sources are lost, the citizens of that
area have no other supply of drinking 0
water. Again, however, thi& does not
constitute Federal land use planning •
or impede States’ water rights In any -‘ -‘ . 1 1
way This program l completely vol-
untary on the part -ol local comxnuni-
ties -
ctlon2oto’f my bill would provide
a Th edure whereby municipalities
may petition the Governor to apply to
> EPA to be designated as a “special pro-
tectIon area.” Such a designation
would be based on specific, strict crite-
na. If EPA agrees to so designate an
area, a local planning entity would
prepare a plan designed to maintain
national vegetative and hydi’ogeoiog .
cal conditions to the extent possible
-‘ — This plan would include such provi-
sions as identifIcation of soUrces of
ground water degradation: an assess-
ment of the development the area can
sustain and still protect water quality;
a list or actions to avoid adverse im-
pacts on recharge capacity and water
quality: and pollution abatement
measures, if appropriate. Federal
grants of up to 50 percent of the cost
of preparing the petition and imple-
menung the plan would be available
The program Is clearly voluntary for
the community, but for those who rely
on one source for their drinking v. ater
supply, the availability of this type of
Federal program is necessary to guar-
antee sale and healthful drinking
water for future generations.
Mr Speaker, there has been much
focus in the past few years on the im-
plementation and reauthorization of
our major hazardous waste laws, the
Resource conservation and Recovery
Act (RCRAI and Superfund. As I.mpor-
p . . . 2-_ tant as these laws are. I believe that it
is unfortunate that the Sale Drinking
Water Act has become the “poor
sister” of environmental ia s It has
received little attention and the reau-
thorization is now 2Y years overdue
All of these laws are Intricately relat-
ed, and one of the primary goals of
both RCRA and Superfund is to pro-
tect our precious drinking water re-
sources This cannot be done aithout
a strong Safe Drinking Water Act.
Other legislation has been intro-
duced this year to protect sole source
aquifers, but I am stongly supporting
this comprehensive reauthorization
package because I am confident that it
will be the Sale Drinking Water Act
vehicle that moves through the House
This very bill passsed the House last
September 1$ by the overwhelniu-tgly
wide margin of 368 to 2 ’7 We must
aga”i move this important legislation
quickly through both Houses of Con-
gress
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- q’ (
if s under aectI n 1424 (e) of the
8&te 1 ThIftIg Water A
‘tb) For purposes of this section. crItical
aQuller protecti u al l or pad af
In ares located wtTh az for which an
appijeation for de*ignaLfo U a sole or Dun-
tiDal m aquifer p a to section.
14241e) has been snbm.ftted to or approved
by the Athnlnjgrstcr as the date of en-
ac nent of th section and which satisfies
the criterte established by the Admlrdstrs-
tor under su ectt0n U I ).
“(cl(JI Any State. municipal, or local gov-
ernment or poftticai subdtvt lon thereof or
any planning antity (tr 1ndth any inter-
state regional plannthg entltyt that identi-
fies a critical aquifer proteeti n area over
which It has authority or jurisdiction may
apply to the A thisti -atoi- for the selection
of such ares for a demoiwh tlon program
tmder subeectIo I c). Any appilcant shall
consult with other (appropriate] govern-
ment or pl, t$i entities with authority or
Jtn ’ c etIon such ares prior t applica’
tion. The application ahafl Inctude a certllt-
cation by the Oor , ni that the plan Is coo-
sistent with State laws, regulations, and
ollc ie s ,
“(2) Appftcenfs, other than the Qovernoi
(is any State 1* which cay Pedernl funds
under section ZN of the Clean Water Act
hare berm apended pyf or to the dofe of en-
aetlnent of this section for planning to pro-
ftet a sok s o urce aquifer desiçngfed under
section 14Z4Fe) of this Act shalL- (A) submit
Die cpplkaCfo fb i ’ a demonstrntjon pro-
g,wm Mm l iv wit / i th e Oover,ior and (B)
shall obtain (he spprovct of any pica devel-
oped or imptemen(nd under subsection Ig) of
(Ms seettow ftom tile Oovernqr prior to sub-
mission to the Administrator,
“(d) WIthin (12] 16 months of the date of
enactment of this section, the Adrninlstra-
tar shall, by rule, establish criteria for Iden-
tifying critical aquller protection areas
under this section. In establishing such cr1-
terta, the Administrato, shall consider the
following:
[ ‘(1) the existence of one or more re-
charge sones through which significant vol-
umes of ground water flow to an under-
ground source of d?irtkfng water]
“ii ) the vw nanzhi1ttp of Vie aquifer to con-
tamination die to hpdroceologjc character-
s1ks
‘(2) the miniber of perao or the proper-
tion of Populaz , using the ground water
as a drinking water source;
(“(3) the availability of alternative sup-
plies of drinking ws r-’
(“(4) the vulnerabil i ty of the aquifer to
COntazfllflS ,tton due to hydi-ogeologic charac-
teristics,]
-. (5] (3) the economic, socisi and (eco-
logical] env(ronni, a4 benefits that would
result to the au-es from maintenance of
(high quality] ground water. (recharging
the aqtufer] of?i al - .nd
• ((6)] (4) the economic, sodal. and (eco-
logical] n onmeyitgj coate that would
result from degradaU of (he quality of
(recharging water) V ie ground water
‘(c) An application submltte
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030413
, The Eflvlronmcntaj Protection
,‘- ‘tgency ha.s to date designated 20 sole
source aquifers, under ground reserves
that are the only sow-ce of drinking
water for a region One of these lies
under Long Island On Long Island,
nearly 3 million people drink from one
well And this well is rapidly becoming
pOllut ed by toxic chemica In Jassau
County alone 119 of the 389 public
wells have detec ble levels of synthet.
Ic organj chem j Throughout both
Long Lsland counties Nassau and Suf-
folk. chemicals (ron) diverse sources
have ended up in the water supply,
Solvents from Industries and residents’
homes, pesticides from potato farms.
nitrate from lawn fer ijtzers and flu-.
rnerous chemical 5 from landfjus
The only way to prevent the prob-
lem from getting orse, On Long
Xslan.d arid elsewhere. is to plan We
now realize how nlunh our activities on
the land above p,qnjj ..flect the
quality of the groa waler and its vi-
a.bthty as a ippIy for futw genera-
tions. As prectp [ tatj lnfiltrat,ea the
land surface and recharges the ground
water, it carries with it suhstances
that have leaked into the soil or been
Placed on the ls.nd. In many cases,
water pas ig through a relatively
small, well-defined land area recharges
a large ground wate reservoir On
Long island, the prime recharge zone
happens to be an area known as the
Suffolk Pine Barrens, an area of
110.000 acres or 13 perce of the
ISLand. Careful proteeL o of these re-
charge zones Is one of the cheapest
and most effective means of nlalntain-
Ing good ground water quality,
Under the voluntary dcinonstra on
program, Local and State gover ,s
could cooperate with the EPA in the
development and Implem ,tatjon of
plans to protect sole source aquifers.
The EPA would provide half the nec-
essary funds, and $80 million Is au-
thorized for the purpose. The plans
could include a variety of measures to
control human activity In special pro-!
t-ectlon areas and thereby prevent con-
taminat4on of the sole source aquifer.
CriUca parceLs of land eould be ac-
quired. while In other areas zuitab}e
zoning ordinances and regu1aLă on.
siting ansi design of landfills, under-
ground storage tanks, and other po-
tentiaj sources of pollution could be
established.. S. 124 requIres the Gover-
nor’s approval of the plan In States
where federally funded ‘208 plans”—
referring to secUon 208 of the Clean
Water Act.—h*ve previously been pre-
pared. This ensures consistency with
earlier planning efforts, although I be-
lieve the Governor’s approval should
be required in all States.
The sole source aquifer designation
provided by the Safe Drinking Water
Act of 1974 was Intended to control de-
velopment activities of the Federal
Government In regions entirely de-
pendent on ground water for clnnklng
supplies. However, experience has
shown that the des1gnatlon lsekJ g a
broader planning and management
context—is ineffective In controlling
many activities which may adversely
affect the quality of ground water I
am confident that section 12 of S 124
Ill accomplj its purpose—to demon-
strate the effectjvene of a preventive
approach to protecting sole source
aquifers All my colleagues should sup-
port S 124
I iCo , R --
P — 1c
L
p. .
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030U4
I 2. c t - l ?1, - 10
S, R p N o - l ‘ c. 1
g5 Ct s).
SECTiON 12. Soi.z SoLyRcx Aqurria DEMON8TL TI0N PRoGw P’
SUMMARY
The bill establishes adminigtratjv procedures for the develop.
meat, implementation, and assessment of demonstration program
designed to protect ground water resources within designated sole
source aquifer areas.
The Administrator is required within 16 months of enactment to
establish criteria for indentifying “critical aquifer protection
areas” within sole source aquifer areas designated under Section
1424(e) of the Safe Drinking Water Act.
Any State, municipal, or local government or political subdivi-
sion thereof or any planmng entity that identifies a “critical aqui-
fer protection area’ over which it has authority or jurisdiction may
apply to the Administrator for the selection of such area for a dem-
onstration program.
An application submjtted to the Administrator by any applicant
shall designate boundaries for the “critical aquifer protection area”
and shall include a plan proposaj or a comprehensive management
plan for the proposed area. The objectives of such plan shall be to
maintain the quality of the ground water in the “critical aquifer
protection area” in a manner reasonably expected to protect
human health, the environment, and ground water resources. The
following elemente shall be included in such a plan: (1) a map
showing the detailed boundary of the critical protection area (2) a
hydrogeologic assessment of surface and ground water resources
within the critical protection area; (3) an identification of existing
and potential point and nonpouit sources of ground water degrada-
tion; (4) an assessment of the relationship between activities on the
land surface and ground water quality; (5) specific actions and
management practices to be implemented in the critical protection
area to prevent adverse impacts on ground water quality; and (6)
an identification of authority adequate to implement the plan, esti.
mates of program costs, and sources of State matching funds.
-The Adminiirtrator must approve or disapprove the application
within 120 ‘days of receipt. Upon approval of an application, the
Adnimigtrator may enter into a cooperative agreement with the ap-
plicant to establish a demonstration program, and may provide, on
a matching basis, a grant of 50 per cent of the costs of developmg
and implementing the plan.
-------
000415
An annual authorization of $20,000,000 is provided for grants for
fiscal years 1987-1990. The total amount of grants for any one des.
ignated aquifer in a fiscal year shall no! ezceed $4,000,000. , . . o
Each State participating in the program ‘a required to submit a r
report to the Adinini trator no later than December 31, 1989, as-
s ing the impact of the program on ground water quality in criti-
cal protection areas within their boundaries. No Later than Septem-
ber 30, 1990, the Administrator is required to submit a report to
Congress sunimarinng State report. and asseesing the accomplish.
nienta of the sole source aquifer demonstration program.
DI SCUesION
There is an urgent need for protection of the nation’, ground
water resource, to provide present and future supplies of safe
dnnkirig water. This section authori.ze, the establishment of
ground water protection programs in a limited number of areas,
where the need is partic,iJa ’!y critical, for the purpose of prevent-
ing contaminsition of essential drinking water 8uppliee and demon-
strating the effectiveness of specific protection measures.
Under this section, demonstration programs may only be estab-
lished in critical aquifer protection areas, within an area for which
an application for designation as a sole orp rincipal source aquifer
under section l424(e) of the Safe Drinking Water Act ha, been sub-
mitted to the Admjnj trator as of the date of enactment of these
amendments. Thirty-three applications for sole source aquifer des-
ignation have been submitted to the Administrator to date and 21
have been approved. Sole source aquifer areas are defined by PA
as areas within which the drinking water supply for at least 50%
of the population comes from an aquifer.
The AdmlniRtrator is required to establish criteria for identifying
critical aquifer areas within sole source aquifer areas. Factors to be
considered in defining such criteria are the vulnerability of the a
ui.fer to contamj atjo due to hydrogeologjc characteriatice, (inclu
ing the volume of recharge to the aquifer through a protection area
and sod permeability) the nun bep of persons or the proportion of
population using the ground water as a drinking water source, the
economic, social and env onmental benefit. that would result to
the area from the maintenance of high quality ground water, and
the economic, social and environmental costs that would result
from degradation of the quality of the ground water.
Any State, rnuflicipnj, or local government or political subdivi-
sion thereof or any planning entity (including any interstate re-
gional planning entity) that identifies a critical aquifer protection
area over which it has authority or jurisdiction may apply to the
Administrator for the selection of such area for a demonstration
program.
In order to encourage cooperation and coordination between enti-
ties involved in plan developtxient and implementation, any appli-
cant must consult with other government or planning entities with
authority or jurisdict on in the area prior to application. All appli-
cations which include plans are to include a certification by the
Governor that the plan is consistent with State laws, regu1ation ,
and policies. If the Governor determines that there are incon-
-------
siatencies, the Governor is to p vidi an applicant a written expla-
nation of such inconsistencies. In cases where Federal funds have
previously been expended under section 208 of the Clean Water Act
Ior a plan to protect a designated sole source aquifer, applicants,
other than the Governors are to submit a joint application with the
Governor and obtain the Governors approval of the plan prior to Q Q Q 41 6
implementation.
Any application submitted to the Administrator by any apph t
is t propose boundaries for the critical aquifer protection area
within their jurisdiction and include a plan propoial or a cotnpre.
hensive rflRnAgement plan for the proposed area. The proposed pro-
tection area need not be one contiguous area but could consist of
several separate areas within a sole source aquifer area.
Submitted plans should include the following elements: (1) a map
showing the detailed boundary of the critical protection area; (2) a
hydrogeologic assessment of surface and ground water resources
within the critical protection area; (3) an identification of existing
and potential point and nonpoint sources of ground water degrada-
tion; (4) an assessment of the relationship between activities on the
land surface and ground water quality; and (5) an identification of
authority adequate to implement the plan, estimates of program
costs, and sources of State matching funds.
A Section 208 plan, approved before the data of enactment, for
the protection of designated sole source aquifer shall be considered
a comprehensive management plan suitable for application under
this section.
The objective of activities proposed in any plan should be to
maintain the quality of the ground water in the critical aquifer
protection area in a manner reasonably expected to protect human
health, the environment, and the ground water resources.
Proposed activities should address both existing and potential im-
pacts on ground water quality. Plans may emphasize such preven-
tive actions and practices as maintenance of natural vegetative and
hydrogeologic conditions through zoning, transfer of development
rights or other land use management measures. Consideration may
also be given to the establishment of a State institution to facilitate
and assist in funding a development transfer credit system.
The Administrator must approve or disapprove any application
within 120 days of its submission. Approval is to be based on a de-
termination that the proposed critical aquifer protection area satis-
fies EPA’s established criteria and that a demonstration program
for the area would provide ground water quality protection in a
manner reasonably expected to protect human health, the environ-
ment, and the ground water resources. Upon approval of an appli-
cation, the Administrator may enter into a cooperative agreement
with the applicant to establish a demonstration program.
Upon entering into a cooperative agreement, the Administrator
may provide to the applicant on a matching basis, a grant of 50 per
cent of the costs of developing and implementing the plan for pro-
tection of the critical aquifer protection area.
The amount of $20 million per year during fiscal years 1987—1990
is authorized for these programs. The total amount of grants for
any one designated sole source aquifer may not exceed $4 million
in any fiscal year.
There are a number of restrictions on the use of funds under thjj
section. No funds may be expended to clean up any source of con-
tamination or to bring any source of contamination into compli..
ance with Federal, State, or local statutes. Construction of any
structure designed for such purpose, including sewer collectors, are
not eligible for funding. In addition, no costs for plans developed I
prior to the date of enactment, including water quality manage-
ment plans developed under 208, may be reimbursed. Finally,
funds may not be used for activities funded under other sections of
the Safe Drinking Water Act or other Federal environmental stat-
utes.
Because one of the purposes of the demonstration program is to
asae its impact on gTou.nd water quality, States and the EPA are
both subject to reporting requ1reme under this section. No later
.“than December 1989, each State is required to submit a report as-
sesauiq the impact of the prpani on ground water quality and
identifying those meassurea found to be effective in protecting
ground water resources. The Adpiinistrator is required to submit a
report to Congress by September 1990 sum.niarizirig the State re-
ports and as8esei.ng the accompiiahmen of the program, including
an identification of protection methods found to be most effective
and recommendations for their apphcat o 0 to protect ground water
tPqniir -o.
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000417
2 b
eS J
\ 3 ( V 5)
SOLE SOURCE AQUIFER DEMONSTPATION PROGRAM
Szc. 14 7. (a) The purpose of this section is to establish procedures
for development, implementatwr and assessment of demonstration
prvgrurn.s designed to protect critical aquifer protection areas located
within areas designa ted as sole or principal source aquifers under p.
section 1424(e) of the Safe Drinking Water Act.
(b) For purposes of thia section, critical aquifer protection area
means all or part of an area located within an area for which an
application for designation as a sole or principal source aquifer pur-
aLsant to section 1 4 2 4(e) has been submitted to or approved by the
Administrator as of the date of enactment of this section and which
satisfies the criteria established by the Administrator under subsec-
lion (d).
(cXl) Any State. municipal or local government or political subdi.
vision thereof or any planning entity (including any interstate re-
gional planning entity) that identifies a critical aquifer protection
area over which it has authority or jurisdiction may apply to the
Administrator for the selection of 8UCh area for a demonstration
program under subsection (e). Any applicant shall consult with
.other government or planning entities with authority orjuriedictzon
in such area prior to application. The application shall include a
certification by the Governor that the plan is consistent with State
lau regulations, and policies.
(2) Applicants, other than the Governor, in any State in which
any Federal funds under section 208 of the Clean Water Act have
been expended prior to the date of enactment of this section for
planning to protect a sole source aquifer designated under section
1 424(e) of this Act shalL (A) submit the application for a denionatra.
tion program jointly with the Governor and (B) shall obtain the ap.
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V2 L+ -
000418
prrn l of any plan developed or impldisnted under subsection (g) of
this section from Size Governor prior to submission to the Adminis-
trator.
(d) Within 16 months of the date of enactment of this section, the
Administrator shall, by rule, establish crzteruz for identifying criti- (D 1 t-k ( ô
cal aquifer protection areas under this section. In establisizing such
criteria, the Admzrastriitor 8/Rail consider the following:
(1) the vulnerability of the aquifer to contamination due to
hydrogeologic characterzet s,•
(2) the number of persons or the pro rtjon of population
using the ground water as a drinking wate - source,
(S) the economic, sacial and environmental benefits that
would result to the area from magntena, of ground water of
high quality; and
(4) the economic, sxial, and environmental cats that would
result from degradation of the quality of the ground water.
(e) An application submitted to the Administrator by any appli-
cant thdJl prop e boundaries for the critical aquzferprvt n 0
within their jurisdiction and shi ll include a plan propceal or a
comprehensive management plan for the prop ed protection area. A
plan appro prior to th, date of enactment under section 208 of
the Clean Water Act to protect a. sole source aquifer designated
under section 1 4 2 4(e) of this Act shall be considered a comprehen.
swe management plan for the purposes of this section. The objec- I
tives of such plan shall be to maintain the quality of the ground
water in the critical aquifer protection area Zn a manner reasonably
expected to protect human health, the enulronmen& arid the ground
water resources. The following elements shall be included in such a
protection plan.
(A) a map showing the detailed bounda,’y of the critical pro-
tection area,
(B) a h ogeologic aases8meng of surface and ground water
resources within the critical protection area,
(C) an identzficiztjon of existing and potential point and non-
point sources of ground water degrudatwn,•
(D) an assessment of the relatzon.shzp between activities on the
land surface and ground water quality;
(E) specific actions and management practices to be imple..
nientp4 in the critical protection area to prevent adverse im-
pacts on ground water quality;
(F) identzfica n of authority adequate to implement the
plan, estimates of program costs, and sources of State matching
funds.
(I) Within 120 days after receipt of an application under this sec-
tion, the Administrator must approve or disapprove the application
based on a determination that the critical protection area satisfies I
the criteria e3tabljsh , j under subsection (d) and that a demon.9tra.
tion program for the area would provide protection for ground water
quality con.8Z.stent with the objectives 8tated in subsection (e). Any
petitioner may modify and resubmit any application which is not
approved. Upon approval of an application, the Administrator may
enter into a ccwiperatwe agreement with the applicant to establish a
demonstration program. Such program shall include the develop-
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CfrY J V . ) 1 k+i
OCO 1 I 9
ment and implementation of a plan for the protection of the ground
water recharged through the critical aquifer protection area.
(2) Upon entering a cooperative agreement under 8UbSectlOn (e), the P’
A(minzstrator may provide to the applicant; on a matching basis a
grant of 50 per centum of the costi of developing and implementing
the plan estcbli8hed under this section. The total amount of grant.,
un(Ier this section for any one aquifer, designated under section
14244’&, shall not exceed 4OiX) (XW) in any fiscal year.
(Ii) No fluids aLithorized under this subsection may be used to
fund activities funded under other sections of this Act or the Clean
Water Act, the Solid Waate Di.i *al Act, the Comprehensive En vi .
ronmental Response, Compensation and Liability Act of 1980, or
other Federal statutes.
(i) No funds authorized to be appropriated under this section may
be used to clean up any source of contamiruition or to bring any
source of contamination into compliance with Federv4 State, or
local statutes.
( ) No later than December 81, 1989, each State shall submit to
the Administrator a report assessing the impact of the program on
ground water quality and identifying those measures found to be ef.
fectwe in protecting ground water resources. No later than Septem-
ber 80, 1990, the Administrator shall submit to Congress a report
summarizing the State reports, and assessing the accomplish n
of the sole source aquifer demonstration program including on iden-
tification of protection methods found to be most effective and rec-
ommendations for their application to protect ground water re-
sources from contamination wherever necessary.
( ) Nothing under this section shall be construed to amend, super-
sede or abrogate rights to quantities of water which have been estab-
lished by inter2tate water compocts, Supreme Court decrees or State
water laws, or any requirement imposed or right provided under any
Federal or State environmental or public health statute.
(1) There are authoriwi to be appropriated for the purposes of this
section $20,X0.0O1) for each of the fiscal years 1987 through 1990.
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F”OO’Q .120
a-’ ucccL
ct c 5 ,Re .
3t; -:,
s c) /
p ‘2-
CRIT!Cs,X, AQOt7U PRO’r!c’rtozq ARIA
DDgONSTL ON PROCM4
Sr,c 12 Part C of the Sate Drinking
Water Act is amended by a4d ’ig :he (QUow.
trig new section..
“CRFrICA 5. AQCCTU FROTtcr:O A R IA
O (OR3Tp_4flON rRocRAM
Sec 1428(a The puxpose of this section La
to estabilsh procedures for development, tm•
plement.gtlon and assessment of dernoristra.
tion progra.m , designed to protect critical
aquifer pr Otection. areas located within
areas designated 5 , 8 sole or prlncpai source
aquifer, under section 1424(e) of the Sale
Drinatng Water Act
ib) For Pwposes of tht section critical
aquifer protection area means an area locat
ed within an area tot which an application
for designatlo as a sole or pruicipaj 30111CC
aquifer pursuant to section 1424(e) ha been
submjtted to Or approved by the AdmlnLa•
trator as of the date of enactment of tills
section and which satisfies the criteria c i ’
taDll.siied by the Adm.lnistritoy under sub-
section (d l
(C) Any State municipal, or local govern•
merit or political suoOiv’La lon thereof or any
planning entity Uncludj.ng s.ny Interstate re-
gional piartnj.ng entity) that identifies a crit-
ical aquifer protection ares over which it
has authority or Jurisdktion m y & pl7 tO
the Adn’iinjatrator for the selection of suc
ares for a demopstretion program urde-
subsection ( c i Any applicant sri&il cortsu,t
with Other approprate go erriJ ert - r pan
ning enti :ies with authorit’, or :rsdic ’. ,
in such area prior ‘o applica: on T ’e app,
cation shall ulcude a ce f .ca :,ort by .e
Gote’—’or t’at the plan s corisis:e’it
State iaa regulatior,,. and polc.es
‘ i Wit i,i 12 rnor.:l -ts of the daze if e ac:
rrse’it of this sec::on the A r,stratcr
shall by rile, establish crteria for ide-it:: 1
irg or-.: cal aquifer protecton areas .srider
this secton In estao!i,51 -ing sich cr teIa
the Adn’in.utrator snail consider the foiIo
ing
ii the existence of one or more rec -ai ’ge
zones through which sig-nif.carit voiw-nes if
ground water flow to an underground
source of drtn ing eater,
2 the number of persons or the propor
tion of popu..lauon u.sing the ground aater
0.5 B drinlung eater source
(3) the availability of alternative Supplies
of drinking wat r -
(4) the vulnerability of the aquIfer ‘3 con.
t.amination due to hyd.rogeologic cia.rac’er
istic s,
(5) the economic, social and ecoiog’cai
benefits th.at Would result to the area • ‘or.
maintenance of high quality eater rec-a.rg
Lng the aquifer, &nd
(6) the economic, social, arid ecological
costs that would restijt from degradation of
the quality of recharged water
(e) An application slibmitted to the Ad-
mlmstraior by any applicant shall propose
boundaries for the critical aquL’er protec.
tiori area within their Jurudiction and may
include a comprehensive management ptan
tc ‘‘ie proposed protection area. Such plan
be designed to maintain the quality of
rou .nd water in the critical protection
S through maintenance, to the maximum
ex -‘t possible, of the natural vegetative
a:: ydrogeologtcal conditions The toilow.
L-o -emerita may be included In such a pro.
te-: on plan
A) a map showing the detailed boundary
of the critIcal protection area.
“(B) a determination of the quality arid
quantity of the ground water recharged
within the critical protect Ion area.
(Ci an identtflca:ion of existing and p0-
tentlal point and noripouit sources of
ground water deg-radatiori ground eater
flow patte-r,s and the re!atior,si- :p betl en
surface eater ma.nagen.’e”t and ground
water quality and recharge
IDI a resource assessment of the arnou.rt.
location, and t pe of human de elopment
and activity ehich the ecosystem can sus-
tain anile stw mau italn ing existing ground
and surface eater quality and protectL-zg
unique ecological features related to mainte-
nance of eater quality
(El specific actions and management
practices to be implemented In the critical
,protection area to prevent ad erse Lmpact.s
6n water quality and recharge capabilItIes.
iF a program (or State andlor local Un.
plementation of the plan in a manner that
will Lrsure the continued. uruform, consist-
ent protection of the critical protection areai
in accord with the purposes of thIs section
‘(C) adequate personnel, funding, and ftU I
thority to carry out the plan.
(H) proposed limits on activities and
prolects fLna.npiajly assIsted by Federal
State 01’ local government which may conS’
tribute to degradation of such ground water
or any (038 of n.aturaJ surface and subsur-
face Infiltration or purtjication capabilIty Ot(
the critical protection area watershed.
(Ii consIderatIon of specific tecilnlques.I
which may include clustering, tx’*na!er 0f 1
deveiopmen.t rights, and other Lnnov*tivel
measures sufficient to sthieve th.e objec
Uves of Uii,s sec.x.ion,
‘(J con Idea tion of the eatabltshmeni of
a Sta e Institutioc to facilitate and assist in
funding a developmant tiansjer credit
sys tem
(1, Within 120 days after receipt ci! an ap-
plication under this section, the Ad iosstrs-
tor must approve or disapprove the applica-
tion based on a determ acion that the criu
cal protection area satisfies the criteria .
tablished under subsection (di and that a
demonstration. program for the area would
provide a useful model br other grow-id
water p tection prvgra,rn.s Any pet.tioner
ma mod.b) and resubmit an application
which is not approved Upon approval of an
application the Adinu -istrator may enter
Into a Cooperative agreement with the appli-
cant to estanlish a demonstration program
Such program shall inciude the develop.
merit and Implementation of a plan for the
protection of the ground water recharged
through the critical aquifer protection area
(g) Upon entering a 000perative agree-
ment under subsection te l, the Adrnu-ustra.
tar may provide to the applicant on a
matching basis a grant of 50 per centurn of
the cost., of developing ana implementing
the plan established under this section The
total amount of grants under this section
for any one aquifer designated under c .
Laoc 14.24(e) shall not exceed 12000000 in
any fLscaj year
(hi No funds authorized under this sub-
section may be used to fund activities
funded under other sections of this Act or
the Clean Water Act, the Solid Wagte Dta-
po i Act the Coinpretxensive vironman.
tal Response, Cocnpenzaiion and Liahthcy
Act of 19 0 Ot Other federal statutes
(i) No func authorized to be appropr1at
under Uiis section may be used to clean up
individual sources of coctamInaxj or to
breog wcfl sources thto compliance with
Federal 8tate or local statutes
(1) Nothing under thij section ahail be
Construed to amend supercecie or abro i.e
rights to quantit ies of water which have
been established Dy ioserga water com-
pacts, Supreme Court decrees, or State
water lass or any reqwreme t imposed or
right provided under any FederaJ or State
en u’onjnerita.i or public health statute
ta There are authorlsed to be appropri.
ated for the pUrpo Ses of this section
125 000 000 for each of the fiscal yeai’, 1985
through 1989
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0:3421
5, 2 ( L4 C 1 j - -
-
. -h ,4h(I, C 2t - i (Iiz4
15 CRITIC 1L AQUIFER PROTECTION AREA DEMONSTRATION
16 PROGRAM
17 SEC. 13. Part C of the Safe Drinking Water Act is
18 amended by adding the following new section:
19 “CRITICAL AQUIFER PROTECTION AREA DEMONSTRATION
20 PROGRAM
21 “SEc. 1428. (a) The purpose of this section is to estab-
22 us/i procedures for development, implementation, and assess-
23 iiient of demonstration programs desiqned to protect critical
24 aquifer protection areas located wit/ un areas designated as
25 sole or principal source aquifeis under section l 42 4( e,) of 11th
26 Safe Drink, n / JJ’afrr Act.
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033122
1 ( ) For purposes of this section, “ cri1ical aquifrr protec-
2 lion area” means an area located within an area for which
3 an application for designation as a sole or principal source
4 aquifer pursuant to section l 4 24 ’e,) has been sub7nilted to or
5 approved by the Administrator as of the date of enactment of
6 this section and which satisfies the criteria established by the
7 Administrator under subsection (d).
8 (c) Any Stale, municipal, or local government or politj-
9 cal subdivision thereof or any planning entity (‘including any
10 interstate regional planning entity) that identifies a critical
11 aquifer protection area over which it has authority or juris-
12 c/jet ion may apply to the Administrator for the selection of
13 such area for a demonstration program under subsection (e).
14 Any applicant shall consult with oilier appropriate govern-
15 meni or planning entities wit/i authority or jurisdicijon in
16 such area prior to application. The application shall include
17 a ccrtifica(joii by the Governor that the plan is consistent
18 with Slate laws, regulations, amid policies.
19 (ci) Wit/tin 12 mon//is of the date of enactment of Ibis
20 sec/ion, i/i c Adinjnjsti 0 01 . shall, by rule, establish cri/erlo for
21 ulen/i/ jj, 1 cii1i l aquifer plo/cc/ion (t Cas IF ia/er i/i /s see-
22 iioii. In eslubl,s/, inq such criteria, I/ic I (Ill? ill i Iiu1or 5/li//I
23 (01 1S1(7( i I/ ic foflowiiuj:
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iu’J i
ji (1) the existence of one or more recharge zones
2 t/ii’ough ic/zich significant v&lumes of ground water
3 flow to an uncleiground source of drinking water;
4 (2) the number of persons or the proportion of
5 population using the ground water as a drinking waler
6 source;
‘3,) the availability of alternative supplies of
S drinking water,
9 (4,) 1/ic vulnerability of the aquifer to contamina-
10 lion due to /iydrogeologic characteristics;
11 (5 the economic, social and ecological benefits
12 that would result to (lie area from maintenance of high
13 quality water rechaiying the ciquifer, and
14 (6,) the cconomic, social, and ecological costs 1/wi
15 would result from degradation of 1/ic quality of re-
1(3 c/iarqecl wa. er.
17 (e) IVilliin 120 clays after receipt of an application
18 uiicler 1/us section, if 1/ic Idininistraior dc/ermines i/nit i/ic
19 critical /)ro tectlon nea satisfies the criteria csta/ills/,e(l under
20 Si’ /)sccI ion (d) awl I/ia 1 (1 (hem oiisliaI i on /n’oqra in for th C U rca
.? I It’D 111(1 /)iOVI(/(’ c iiseJiil 1/i O(/Cf la , Of/ic ! yin 1(11(1 iu:u (c i p /alec-
22 lioii /)rofJrams, hi(’ fli(ly cuter tutu a coo/w’Iatice agreement
23 1I’l//i 1/ic applicant In es1ab/,. /, u ile ,non tuai,ou, /)1,OjJl’U in.
24 S itch /)?OfJ/(! 1/1 8/ 1 (1/i I lie/lu/C 1/u’ dc’i ’ciopuuu’n 1 (111(1 1 m /u/cuuien -
-------
1 lation of a plan for the protection of the ground water re-
000424
2 charged through the critical protection area.
3 (f) Upon entering a cooperative agreement under subsec-
4 lion (e), the Administrator may provide to the applicant, on a
5 Matching basis, a grant of 50 per centum of the costs of de-
6 veloping and implementing the plan established under this
7 section. The total amount of grants under this section for any
8 one aquifer, designated under section l 4 24( ’e), shall not
9 exceed $2,000,000 in any fiscal year.
10 (9.) No funds authorized under this subsection may be
11 used to carry out activities required under oilier sections of
12 this Act or the Glean J,TTater Act, i/ic Solid J’J T aste Disposal
13 Act, the Gonip re/i ensive Environmental Response, Gompe n -
14 sation and Liability Act of 1980, or other Federal statutes.
15 (ii) No funds authorized to be appropriated under this
16 section may be used to clean up in(Iwiclual sources of con-
17 lamination or to bring such sources mb compliance wit/i
18 Federal, State, or local statutes.
19 (U Nothing under 1/us section s/ui/I be cons/rued to
20 ainciul, SUpcr9cdc or abrogate rights to quantities of Waler
21 wh ic/i have been esIul)lis/lcd by in! ci’sbule l.L’(iter compacts,
22 S upie inc Co un decrees, or Slate u;alcr Ia iDS ; or tiiy icqu ii’c-
23 mc ii i u’n/)o el 01 i ’iq/il /)I ’OvU/(’(f ala/er uiiy Federal oi Slate
24 (‘Ii 110)1 lucy/ut 01’ 1)11/tiC /le(i/l/l ski/u/c.
(j Thici ’c are aut/ior,:ed to lie appropriated for 1/ic par-
;‘ose tif this section $1 .QO0,ooo for each of 1/ic fi . c(il ye irc
/986’ 1/mol ly/u 198.9.
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C Y/vA t 1 -t CrV S. - i
Z— II 2c( -H (tc .i)
030425
Section 13. critical aquifer pmtection area demonstration program p. I 0
Section 13 establishes procedures for the development, implemen-
tation, and assessment of demonstration programs designed to pro-
tect critical aquifer protection areas within designated sole or prin-
cipal source aquifers. There are currently 17 designated aquifers
and 16 applications for designation are pending.
Any State, municipal, local, or interstate government or plan-
fling entity may submit an application for selection of a critical aq-
uifer protection areas for a demonstration program The applicant
would have the option of also submitting a plan for managing the
critical area for protection of the aquifer. Any plan must include a
certification by the Governor that the plan is consistent with State
laws, regulations, and policies. -
Within 12 months of enactment, the Administrator is required to
establish the criteria for delineating critical aquifer protection
areas. These criteria w l1 be based on several factors including re-
charge patterns, the dependence of the population on the aquifer as
a drinking water source, the vulnerability of the aquifer to con-
tamination, and the economic, social, and ecological impacts to the
area of groundwater quality degradation.
After receipt of an application, the Administrator will have 120
days to decide whether the proposed cricitical protection area satis-
fies these criteria and whether a demonstration program would
serve as a useful model. If so, the Administrator may enter into co-
operative agreement with the applicant to plan and implement
measures to protect the critical area. The Administrator should
give special consideration to areas for which a water quality man-
agement plan for a sole or principal source aquifer has previously
been approved by the Administrator. If the applicant submits a
plaa with the initial application that is approved by the Adminis-
trator, the agreement may be limited to program implementation.
The Administrator is authorized to provide a grant covering 50 per-
cent of the planning and implementation costs
The plans may include a variety of measures to prevent contami-
nation of the aquifer and preserve the recharge capability of the
critical protection area. The demonstration programs should en-
compass a range of approaches to discourage or avoid activities
within critical areas that could contaminate the aquifers, to en-
coura;e the use of the best management practices to prevent con-
tamination, and, where appropriate, to develop regulations on
siting, uesign, and other parameters However, the Federal funds
may not be used to carry out activities required by other sections of
the Safe Drinking Water Act or other Federal laws nor to clean I J
individual sources of contamination.
The authorized level of funding for the demonstration program is
$15,000,000 for each of the fiscal years 1986, 1987, 1988 and 1989,
with a limit of $2,000,000 per year for any designated sole source
aquifer.
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ç q Cl r A e4.
R. EP. No, - IC -f V 1 “2 . .d ((c) 4 )
PROTECTION OF SOLE OR PRINCIPAL SOURCE GROUND WATER RECHARGE AREAS f
SEC. 204 Part C of the Safe Drinking Water Act is amended, y adding the follow- P
ing new section at the end thereoL - 0 C G42
“PROTECTION OF SOLE OR PRINCIPAL SOURCE GROUND WATER RECHARGE AREAS
“Ssc 1428 (aX 1) Upon designation of a sole or principal source area pursuant to
section 1424(e), any one or several municipalities within such area may initiate pro-
ceedings for the designation of a ‘special protection area within the sole or princi-
pal source area by petitioning the Governor of the State in which the proposed ‘spe-
cial protection area’ is located to apply to the Administrator for the designation of
‘special protection area’ within the sole or principal source area
“(2) A petition under this subsection shall propose boundaries for the special pro- I 0
tection area and further shall evaluate whether—
‘(A) the proposed special protection area is a recharge zone for significant
volumes of ground water with drinking water supply potential,
“(B) the ground water which is recharged through the proposed special pro-
tection area is of high quality.
“(C) portions of the proposed special protection area within the sole or princi-
pal source area are already contaminated with toxic organics, nutrients, salts,
or other pollutants,
“(D) maintenance of high quality in the sole or principal source aquifer or in
the ground water recharged through the proposed special protection area would
have significant economic, social, and ecological benefits for the sole or princi-
pal source area, and
‘(E) degradation of ground water in the proposed special protection ares
would have significant economic, social, and ecological costs for the area
‘(b) Within one hundred and eighty days following receipt of a petition under this i
section, the Governor, taking into consideration the criteria set forth in subsection
(aX2), shall approve or disapprove the petition If the Governor approves such peti-
tion, he shall—
“(1) propose the boundaries of the special protection area,
“(2) designate or, if necessary, establish a planning entity (which shall be a
public agency and which shall include local and State governmental representa-
tion) to develop a comprehensive management plan (hereinafter in this section
referred to as the ‘plan’) for the special protection area, and
“(3) establish procedures for public participation in the development of the
plan, for review, approval, and adoption of the plan, and for assistance to mu-
nicipalities and other public agencies with authority under State law to imple-
ment the plan
Where a local government planning agency exists with adequate authority to carry
out this section with respect to any proposed special protection area, the Governor
shall designate such agency as the planning entity under paragraph (2)
‘(cXl) Following approval of the petition the Governor shall submit such petition
to the Administrator together with the summary of the action taken by the Gover-
nor under subsection (b)
‘(2) Vithin 120 days after the Administrator’s receipt of the petition the Adminis-
trator shall approve or disapprove the petition The Administrator shall approve the
petition if he finds that—
“(A) the boundaries of the ares concerned are based on the criteria set forth
in subsection (aX2), and
“(B) the planning entity has the authority, pursuant to State law, and the
technical expertise to prepare the plan
“(gX I) If the Administrator (Or any State which has primary enforcement respon-
sibility, within the meaning of section 1413, for public water systems under part B
of this title) determines that—
“(A) any person has caused or contributed to the presence of any contaminant
in any sole or principal source aquifer designated under section 1424te) which
supplies, or can reasonably be expected to supply, any public water system, and
‘(B) the presence of such contaminant in such water system may adversely
affect the health of persons unless such water is treated or alternative water
supplies,ure provided,
‘ he may issue an order requiring such person to provide adequate supplies of otable
drinking water to the persons served by such public water system
(2) Any interested person may obtain review of an order issued by the Adminis-’
trator or the SLitet under this section in the appropriate United States district
Court within thirty days alter the issuance of the order
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‘(3) Any person who violates, or fails or refuses to comply with, an order under
this subsection shall be liable to the United States (or to the State in the case of an
action brought by the State) for a civil penalty of not more than $5,000 per day of
violation If any person fails to pay an assessment of a civil penalty after it has
become a final and unappealable order, or after the appropnat.e court of appeals has
entered final judgment in favor of the Administrator (or the State), the Attorney
General shall recover the amount for which such person is liable in any appropriate
district court of the United States In any such action, the validity and appropriate-
ness of the final order under this section or the assessment of a civil penalty shall
not be subject to review
“(4) Nothing in this section shall be construed to restrict or preempt any right
which any public water system or any other person (or class of persons) may have
under any statute or common law to seek enforcement in any Federal, State, or
local court, or in any administrative proceeding, of anj , provision of this Act or any
other relief regarding the contamination of any drinking water supply
“(h) Within 12 months after the date of the enactment of this section, the Admin-
istrator shall, by rule, establish criteria for the areas to be designated under section
1424(e) and eligible for special protections under this section Such Criteria shall in-
clude aquifer use, vulnerability, water quality, and unavailability of alternative sup-
plies of drinking water Designations made under section 14 2 4(e) before the enact-
ment of this section shall be reviewed and reevaluated in accordance with the crite-
na promulgated pursuant to this subsection.”.
Section 204
EPA, may upon petition or at its own discretion, designate an aq-
uifer that is the sole or principal drinking water source for the
area. 23 After designation of the aquifer, no Federal financial assist-
ance may be given for any project which may contaminate the aq-
uifer to create a significant risk to public health.
For sole source aquifers, a coordinated Federal-State strategy is
established, which includes a planning process, a grant program,
requirements for protection of critical recharge areas, arid new en-
forcement tools
Section l 42 6(a) provides that upon designation of a sole or princi-
pal source area, any municipality within the area may initiate pro-
ceedings for the designation of a “special protection area” within
such area by petitioning the Governor or the State in which the
proposed “special protection area” is located to apply to the Ad-
ministrator for the designation of a “special protection area”
within the area.
A petition under this subsection is to contain a proposal for
boundaries for the special protection area. In addition, it must
evaluate whether: (1) the proposed special protection area is a re-
charge zone for significant volumes of groundwater with drinking
water supply potential; (2) the groundwater which is recharged
through the proposed special protection area is of high quality; (3)
portions of the proposed special protection area within the sole or
principal source area are already contaminated with toxic organics,
nutrients, salts, or other pollutants; (4) maintenance of high quality
in the sole or principal source aquifer or in the groundwater re—
charged through the proposed special protection area would have
significant economic, social, or ecological benefits for the sole or
principal source area; and (5) degradation of ground water in the
proposed special protection area would have significant economic,
social, and ecological costs for the area.
The Governor must approve or disapprove the petition within
one hundred and eighty days following receipt of a petition from a
municipality. If the Governor approves the petition, he is to pro-
pose the boundaries of the special protection area and designate, of
if necessary, establish a planning entity to develop a comprehen-
sive management plan. In addition, the Governor must establish
procedures for public participation in the development of the plan,
for review, approval, and adoption of the plan, and for assistance to
municipalities and other pubic agencies with authoi-ity under State
law to iniplement the plan
Section l 42 6(c) that after approval of the petition, the Governor
is to submit the petition to the Administrator The Administrator
is required to approve or disapprove the petition within one hun-
Ei’A his design,it, j the following areas as sole source aquifers Edwards Aquifer, Ix
N i suu/SulfoJk Couni, , N V. Maryland Piedmont Northern Guam i’r sno (‘uuniy, (‘a
Spekani- ihitlidrun, Wu . lJi’- ,cayne Aquilir. Fin iluried Valley NJ , Cape Cisi, Ma, Whidiwy
isl.ind, V, , , C’a:n,jno island, W, hings/Queens Luuniies. N Y Uppir Santa Cruz & Asru Aura
Basin, AZ, Nantucket island Mu. Block Island, H I . Hidgowood, NJ, and Upper Hockaway
River Basin, NJ
r 1 i cd - I ’2 e ’
— I-\ 4
L ’ J L27
pi 12..
• R- (‘ t (Y-V-
• :N0
‘ ‘-
C\ .U (,cs ’t ,
- c ( 44 , ,
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000428
dred and twenty days of receipt. The Administrator must approve
the petition if he finds that: (1) the boundaries of the area are
based on the criteria set forth in the petition under section
l 42 6(aX2) and (2) the planning entity has the authority, pursuant to
State law, and the technical expertise to prepare the plan If the
Administrator approves the petition, he is authorized to prQvide to
the State, on a matching basis, a grant of 50 percent of the costs
incurred in preparing the petition and developing the plan. In the
instance of a municipality with a population of 10,000 or less, the
Administrator can provide to the State a grant of 60 percent of the
costs. The designated planning entity, through the Governor, is eli-
gible for preliminary funds for a period not to exceed two years.
Section 1426(d) directs the planning entity to prepare a compre-
hensive management plan for the special protection area. The plan
must be designed to maintain the quality of the groundwater in the
special protection area, through maintenance, to the maximum
extent possible, of the natural vegetative and hydrogeological con-
ditions.
Requirements of the plan include:
(1) a determination of the quality of the existing groundwa-
ter recharged through the special protection area and the nat-
ural recharge capabilities of the special protection area water-
shed,
(2) an identification of sources of groundwater degradation,
groundwater flow patterns, and the relationship between sur-
face water management and ground water quality and re-
charge;
(3) requirements designed to maintain existing underground
drinking water quality or designed to improve underground
drinking water quality if prevailing conditions fail to meet’
drinking water standards pursuant to the Act and State law;
(4) a map showing the detailed boundary of the special pro-
tection area;
(5) a resource assessment of the amount, location, and type
of human development and activity which the ecosystem can
sustain while still maintaining existing groundwater quality
and protecting unique ecological features related to mainte-
nance of water quality;
(6) limits on Federal, State and local governments, financial-
ly assisted activities and projects which may contribute to deg-
radation of such groundwater or any loss of natural surface
and subsurface inhijtration or purification capability of the
area;
(7) a comprehensive statement of land use management in-
cluding emergency contingency planning as it pertains to the
maintenance of the quality of underground sources of drinking
water or as it pertains to the improvement of such sources if
necessary to meet drinking water standards;
(8) actions in tT e special protection area which would avoid
adverse impacts on water quality, recharge capabilities, or
both;
(9) consideration of special techniques, which may include
clustering, transfer of development rights, and other innova-
-------
tive measures sufficient to achieve the objectives of this sec-
tion;
(10) consideration of the establishment of a State institution
to facilitate and assist in funding a development transfer credit
system; OO 29
(11) a program for State and local implementation of the
plan;
(12) pollution abatement measures, if appropriate; and
(13) adequate personnel, funding, and authority to carry out
the plan.
The Committee believes that areas which rely upon a sole aqui-
fer for their drinking water present the str bngest case for stringent
protection of drinking water supplies. In areas where the popula-
tion depends on one aquifer for its drinking water, the land and
vegetation lying above the recharge area is often critical to the
maintenance and sustenance of the aquifer’s purity. For instance,
Long Island, New York and southern New Jersey contain tracts of
undeveloped pine forests and other equally significant lands cov
ered by natural vegetation that anchor the loose soil of the re-
charge areas The Committee intends that this subsection will
enable the planning entity to take all actions necessary to obtain
preservation of these areas for present and future generations and
thereby guarantee the highest water quality and quantity and the
fullest possible recharge capability for the aquifers.
During development of the plan, the planning entity is to consult
with appropriate Federal and State officials and other concerned
organizations and citizen advisory committees. The planning entity
must also conduct public hearings at places within the special pro-
tection area.
Section l4 2 6(e) establishes the Federal and State procedures for
approval or disapproval of the plan to be prepared by the planning
entity.
Section 1426(f) authorizes the Administrator to provide to the
State a matching grant of 50 percent of the costs of implementing
the plan (60 percent in the case of an aquifer serving a population
of 10,000 or less).
Section 1426(g) provides that if the Administrator (or the State
which has primary enforcement responsiblity within the meaning
of section 1413 of the Act), determines that any person has caused
or contributed to the presence of any contaminant in any sole
principal source aquifer, which supplies or can reasonably be ex-
pected to supply any public water system, and the presence of such
contaminant may adversely affect the health of persons, then the
Administrator or the State may issue an order requiring such per-
sons to provide adequate supplies of potable drinking water to the
persons served by the public water system.
In addition, provisions for judicial review and civil penalties are
established for orders issued under this section.
Section 1426(h) requires the Administrator to promulgate regula-
tions establishing criteria for areas to be designated under Section
l426(e) as sole source aquifers. In establishing the criteria for desig-
nation of areas as sole source aquifers, the Committee expects the
Administrator to review much factors as the current and potential
uses of the aquifer, the aquifer’s vulnerability to degradation and
its potential for future utilization, the water quality and quantity J .
of the aquifer, and whether it is technologically and economically
practical to secure alternate supplies of drinking water Generally,
this Committee anticipates the rule would provide that areas would
be designated as sole source aquifers under Section 142 6e) if the
aquifer provides drinking water for a major portion of the popula-
tion, if the aquifer is vulnerable to degradation, if the water qua I-
ity and quantity of the aquifer can be maintained, and if it is not
practical to obtain alternate drinking water supplies under current
technological and economic constraints Moreover, the area of des-
ignation shall inClude both the recharge area and the user ,Jrea of
the aquifer. Areas designated .ts sole source aquifers under section
‘426 (e) would be eligible for special protection under Section 1426
Designations made under section ]424e) before enactment of this
section are to be reviewed and reevaluated in accordance with the
criteria promulgated under this section.
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000430
H5 i5
k.R. 15’i )?4 ,
10 PROTECTION OF SOLE OR PRINCIPAL SOURCE GROUND
() 2.
11 WATER RECHARGE AREAS
12 SEC. 204. Part 0 of the Safe Drinking Water Act is
13 amended by adding the following new Section at the end
14 thereof:
15 “PROTECTION OF SOLE OR PRINCIPAL SOURCE GROUND
16 WATER RECHARGE AREAS
17 “SEc. 1428. (a)(1) Upon designation of a sole or princi-
18 pal source area pursuant to section l 42 4(e), any o ne or sev-
19 eral municipalities within such area may initiate proceedings
20 for the designation of a ‘special protection area’ within the
21 sole or principal source area by petitioning the Governor of
22 the State in which the proposed ‘special protection area’ is
23 located to apply to the Administrator for the designation of
24 ‘special protection area’ within the sole or principal source
25 area.
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&4 Mvk A C&Ai. t tcL
000431
1 “(2) A petition under this subsection shall •propose
2 boundaries for the special protection area and further shall
3 evaluate whether—
4 “(A) the proposed special protection area is a re-
5 charge zone for significant volumes of kround water
6 with drinking water supply potential;
7 “(B) the ground water which is recharged through
8 the proposed special protection area is of high quality;
9 “(0) portions of the proposed special protection
10 area within the sole or principal source area are al-
11 ready contaminated with toxic organics, nutrients,
12 salts, or other pollutants;
13 “(D) maintenance of high quality in the sole or
14 principal source aquifer or in the ground water re-
15 charged through the proposed special protection area
16 would have significant economic, social, and ecological
17 benefits for the sole or principal source area; and
18 “(E) degradation of ground water in the proposed
19 special protection area would have significant econom-
20 ic, social, and ecological costs for the area.
21 “(b) Within ne hundred and eighty days following re-
22 ceipt of a petition under this section, the Governor, taking
23 into consideration the criteria set forth in subsection (a)(2),
24 hal1 approve or disapprove the I)etition. If the Governor aj-
25 proves such petition, he shall—
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000432
1 “(1) propose the boundaries- of the special protec-
2 tion area;
3 “(2) designate or, if necessary, establish a plan-
4 fling entity (which shall be a public agency “and which
5 shall include local and State governmental representa-
6 tion) to develop a comprehensive management plan
7 (hereinafter in this section referred to as the ‘plan’) for
8 the special protection area; and
9 “(3) establish procedures for public participation
10 in the development of the plan, for review, approval,
11 and adoption of the plan, and for assistance to munici-
12 palities and other public agencies with authority under
13 State law to implement the plan.
14 Where a iocal government planning agency exists with ade-
15 quate authority to carry out this section with respect to any
16 proposed special protection area, the Governor shall desig-
17 nate such agency as the planning entity under paragraph (2).
18 “(c)(1) Following approval of the petition the Governor
19 shall submit such petition to the Administrator together with
20 the summary of the action taken by the Governor under sub-
21 section (b).
22 “(2) Within 120 days after the Administrator’s receipt
23 of the petition the Administrator shall approve or disapprove
24 the petition. The AEthiinistrator shall approve the petition if
25 he finds that---.
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000433
1 “(A) the boundaries of the area concerned are ‘
2 based on the criteria set fo?th in subsection (a)(2); and
3 “(B) the planning entity has ihe authority, pursu-
4 ant to State law, and the technical expertise to prepare
5 the plan.
6 “(3) If the Administrator approves the petition, he may
7 provide to the State, on a matching basis, a grant of 50 per
8 centum of the costs incurred in preparing the petition and
9 developing the plan, except that in the case of a municipality
10 with a population of 10,000 or less, the Administrator may
11 provide to the State a grant of 60 per centum of such costs.
12 “(4) The designated planning entity, through the Gover-
13 nor, shall be eligible for preliminary planning funds for a
14 period not to exceed two years.
15 “(d)(i) A planning entity designated under this section
16 shall be authorized and directed to prepare a comprehensive
17 management plan for the special protection area. Such plan
18 shall be designed to maintain the quality of the ground water
19 in the special protection area through maintenance, to the
20 maximum extent ossib1e, of the natural vegetative and hy.
21 drogeological conditions. Such plan shall include but not be
22 limited to—
23 “(A) a determination of the quality of the existing
24 ground water recharged through said special protection
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c 1 5c
000434
1’ area and the natural recharge capabilities of the special
2 protection area watershed;
3 “(B) an identification of existing and potential
4 point and nonpoint sources of ground - waIt r degrada-
5 tion, ground water flow patterns, and the relationship
6 between surface water management and ground water
7 quality and recharge;
8 “(C) requirements designed to maintain existing
9 underground drinking water quality or improve under-
10 ground drinking water quality if prevailing conditions
11 fail to meet drinking water standards, pur uant to this
12 Act and State law;
13 “(ID) a map showing the detailed boundary of the
14 special protection area;
15 “(E) a resource assessment of the amount, loca-
16 tion, and type of human development and activity
17 which the ecosystem can sustain while still maintaining
18 existing ground and surface water quality and protect-
19 ing unique ecological features related to maintenance of!
20 water quality:
21 “(F) limits on Federal, State, and local govern-’
22 ment, financially assisted activities and projects which
23 • may contribute to degradation of such ground water or
24 any lo ss of natural surface and subsurface infiltration
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000435
1 or purification capability of the spetial prqtection area
2 _watershed;
3 a comprehensive statement of land use man-
4 agement including emergency continge cy planning as
5 it pertains to the maintenance of the quality of under-
6 ground sources of drinking water or to the improve-
7 ment of such sources if necessary to meet drinking
8 water standards pursuant to this Act and State law;
9 “U{) actions in the special protection area which
10 would avoid adverse impacts on water quality, re-
11 charge capabilities, or both;
12 “(I consideration of specific technique s, which
13 may include clustering, transfer of development rights,
14 and other innovative measures sufficient to achieve the
15 objectives of this section;
16 “(J) consideration of the establishment of a State
17 institution to facilitate and assist in funding a develop-
18 ment transfer credit system;
19 “(K) a program for State and local implementa-
20 tion of the plan described in this subsection in a
21 manner that will insure the continued, uniform, consist-
22 ent protection of the special protection area in accord
23 with the purposes of this section;
24 ‘ iL) pollution, abatement measures, if appropriate;
25 and
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000436
1 “(M) adequate personnel, funding, and authority
2 to carry out the plan.
3 “(2) During the development of the comprehensive man-
4 agement plan, the planning entity shall consu1 with, and
5 consider the comments of, appropriate officiakof any munici- p
6 pality and State or Federal agency which has jurisdiction
7 over lands and waters within the special protection area,
8 other concerned organizations and technical and citizen advi-
9 sory committees which shall be established by the Governor.
10 The planning entity shall conduct public hearings at places
11 within the special protection area for the purpose of providing
12 an opportunity to comment on any aspect of the plan.
13 “(e) The planning entity shall submit a final plan to the
14 Governor for review. The Governor shall approve or disap-
15 prove the plan based upon a determination that such plan
16 protects underground sources of drinking water covered
17 therein from contamination that may adversely affect the
18 health of persons. An approved plan shall be submitted by the
19 Governor to the Administrator for review. ‘Within 120 days,
20 the Administrator shall approve the plan or submit in writing
21 to the Governor his reasons for not approving it. The Gover-
22 nor may resubmit any plan which is not approved. The Ad-
23 millistrator shall approve any plan which satisfies the rc-
24 quirements of this section.
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• 9 &4 (
030437
1 “(1) lIthe Administrator approves the plan, he may
2 vide to the State on a: matching basis a grant of 50
3 c ntum of the costs of implementing the plan (or 60 i
4 centum of such costs in the case of an ‘aquifer serving a po
5 lation 0110,000 or less).
6 “(g)(1) If the Administrator (or any State which has pr
7 mary enforcement responsibility, within the meaning of sec
8 tion 1413, for public water systems under part B of this title
9 determines that—
10 “(A) any person has caused or contributed to the
11 presence of any contaminant in any sole or principal
12 Source aquifer designated under section l 4 24(e) which
13 supplies, or can reasonably be expected to supply, any
14 public water system, and
15 “(B) the presence of such contaminant in such
16 water system may adversely affect the health of per-
17 Sons unless such water is treated or alternative water
18 supplies are provided,
19 he may issue an order requiring such person to provide ade-
20 quate supplies of potable drinking water to the persons
21 served by such public water system.
22 “(2) Any interested person may obtain review of an
23 order issued by the Administrator (or the State) under this
24 section in the appropriate United States district court within
25 thirty days after the isswince of the order.
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1 “(3) Any person who violates, or fails or refuses to q
2 comply with, an order under this subsection shall be liable to
I 44 O c _u. c &
3 the United States (or to the State in the case of .an action Q Q Q 4 3 8
4 brought by the State) for a civil penaltyThf not more, than
5 $5,000 per day of violation. If any person fails to pay an
6 assessment of a civil penalty after it has become a final and
7 unappealable order, or after the appropriate court of appeals
8 has entered final judgment in favor of the Administrator (or
9 the State), the Attorney General shall recover the amount for
10 which such person is liable in any appropriate district court of
11 the United States. In any such action, the validity and appro-
12 priateness’of the final order under this section or the assess-
13 ment of a civil penalty shall not be subject to review.
14 “(4) Nothing in this section shall be construed to restrict
15 or preempt any right which any public water systei or any
16 other person (or class of persons) may have under any statute
17 or common law to seek enforcement in any Federal, State, or
18 local court, or in any administrative proceeding, of any provi-
19 sion of this Act oi any ’ other relief regarding the contamina-
20 tion of any drinking water supply.
21 “(h) Within 12 months after the date of the enactment
22 of this section, the Administrator shall, by rule, establish en-
23 teria for the areas to be designated under section 1424(e) and
24 eligible for speciai”protections under this section. Such crite-
25 na shall include aquifer use, vulnerability, water quality, and
I unava lability of alternative supplies of drinking water. Des-
2 ignations made under section l4 2 4(e) before the enactment of
3 this section shall be reviewed and reevaluated in accordance
4 with the criteria promulgated pursuant to this subsection.”.
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000439•
- .3ioO 2-c3
.\ 2cC ,1 V 14 CV122)
15 FEDEUAJ FIN# NCIAL AH8I8rjNC AFFECTING AQUIFER8
16 Sio. 204. Section 14 2 4(e) is amended by striking out
17 “which i the sole or principal thinking wai er source (or the
18 area and which, 11 contamjna d, would create” and substi-
19 tuling: “which—
20 “(1) furnishes, or may reasonably be anticipated
21 to furnish in the tuture, a substantial part of the drink-
big water suppl 3 (or any public water system, and
2 I “(2) ii coin ininated
2 I would create”.
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Q-r
SEC. 204. EMERGENCY POWERS.
Section 1431 of the Safe Drinking Water Act is amended as
follows:
(1) In the first sentence of subsection (a) add the words “or an
underground source of dnnkixsg water” after the words “to
enter a public water system”.
(2) In the last sentence of subsection (a) add “including orders
requiring the provision of alternative water supplies by persons
who caused or contributed to the endangerment,” after the
words “including travelers),”.
(3) In 8Ubeection (b):
(A) Strike “willfully”.
(B) Strike “fined not more than” and insert in lieu
thereof “subject to a civil penalty of not to exceed”.
000440
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% 2.04 a rL-f e a C - - 4
U4. EMERGENCY POWER& 1 o
&ctioy 14.1! of the Safe IJrinkin,g Water Act w amended as fol- I ‘
lOiL : -
(1) In the first sentence of subsect n (a) add the words “or an
underground sourve of drinking water” after the words “to
enter a public water s tem ‘
(2) In the last sentence of subsectwn (a) add “including orders
requiring the provision of alterriatwe water supplies by per5on
who caused or Contribute(j to the endangerincot” after the
words “including traveler ‘
(S)In subsection (bk
(A) Strike “willfully ‘
(B) Strike ‘ Ened not more than” and insert in lieu there.
of “subject to a civil penalty of riot to exceed ‘
c t
N 0 , 1 -S S ,c’lcf!.4k
S CTI0N 204 GENCY POWERS
&nate bilL—The Senate bill has no provision.
House arnendment,_The House amendment provides that if the
Administrator or the delegated State enforcement authority deter-
mines that any person has caused or contributed to the presence of
any contaminant that may adversely effect the health of persons in
any sole or principal source aquifer (designated under section
l 4 24(e)), which supplies or can be expected to supply a public water
system, then either authority may issue an order requiring such
persons to provide adequate supplies of potable driqking water to
the persons served by the public water system. Provisions for judi.
cial review of such orders and civil penalties are also established.
Conference agreement .—me conference a reemerit changes the
House language to clarify the Ad.ministrators existing authority to
take such action as deemed necessary upon receipt of information
that a contaminant, which is present in or is likely to enter a
public water system or underground source of drinking water, may
present an imminent substantisi endangerment to the health of
persons and that appropriate State and local action have not been
taken. Such action may include orders requiring the provision of
alternative water su p1ies by persons who caused or contributed to
the endangerment
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000442
r çi .
iR, p,N 0 ,
1 -
l. ,c’ (v q )
PART D—EMERGENCY POWERS
S S S S S S S
TAMPERING WITH PUBLIC WATER SYSTEMS
SEC. 1482. (a) Any person who tampers with a public water system
shall be firwd not more than $50,000, or imprisoned for not more
than 5 years, or both.
( ) Any person who attempts to tamper, or makes a threat to
tamper, with a public drinking water system be fined not more than
$20,000, or imprisoned for not more than 3 years, or both.
(c) The Administrator may bring a civil action in the appropriate
United States-district court (as determined under the provisions of
title 28 of the Unite I States Code) against any person who tampers,
attempts to tamper, or makes a threat to tamper with a public water
system. The court may impose on such person a civil penalty of not
more than $50,000 for such tampering or not more than $20,000 for
such attempt or threat.
(d) For purposes of this section, the term ‘tamper’ means—
(1) to introduce a contamina 0 a public water s
with the intention of harming pe r
(2) to otherwise interfere with tru operation of a public z
system with the intention of harming persons.
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vv A C C
SEC. 205. STATE PROGRA TI) ESTABLISH WELLH-EAD PROTEerION
AREAS.
The Sale Drinking Water Act is amended by adding the following
new section after section 1427, as added by section 203 of this Act:
SEC. 1428. STATE PROGRAMS TO ESTABLISH WELLHEAD PROTECTION
AREAS.
“(ar STA ’iT PROGRAMS —The Governor sr -Governors designee of I
each State shall, within 3 years of the date of enactment of the Safe
Drinking Water Act Amendments of 19s6, adopt and 5ubmit to the
,A iniatyator a State program to protect weflhead areas within
jurisdiction from cOntainin nt which may have any adverse
on the health of persons. Each State program under this
section shall, at a minimum
“(1) specify the duties of State agencies, local governmental
entities, and public water supply systems with respect to the
development and implementation of programs required by this
section;
“(2) for each welihead, determine the welihead protection
area as defined in subsection (e) based on all reasonably avail-
able hydrogeologic information on ground water flow, recharge
and discharge and other information the State deems necessary
to adequately determine the welihead protection area;
“(3) identify within each well head protection area all poten-
tial anthropogenic sources of contaminax which may have any
adverse effect on the health of persons;
“(4) describe a program that contains, as appropriate, tech-
nical assistance, financial assistance, implementation of control
measures, education. training, and demonstration projects to
protect the water supply within wellhead protection areas from
such contarnman •
“(5) include Contingency plans for the location and provision
of alternate dnnking water supplies for each public water
system in the event of well or welifield contami nation by such
contarninan • and
‘(6) include a requirement that consideration be given to all
potential sources of such contammanta within the expected
welihead area of a new water well which serves a public water
Supply system.
“(b) Pusuc PART ICIFAnON_TO the maximum extent possible,
each State shall establish procedures, including but not limited to
the establis ent of technical and oitizens’ advisory committees, to
encou e the public to participate in developing the protection
program for wellhead areas. Such procedures shall include notice
arid opportunity for public hearing on the State program before it is
submitted to the Acjmnm trator
“(c) DISAPPROVAL......
“(1) IN GENER . _ _U in the judgment of the Administrator, a
State program (or portion thereof, including the definition of a
wellhead protection area), is not adequate to protect public
water systems as required by this section, the Administrator
shall disapprove such program (or portion thereof) A State
program developed p 1rsuarit to subsection (a) shall be deemed
to be adequate unles the Administrator determines, within 9
months of the receipt of a State program, that such program (or
portion thereof) is inadequate for the purpose of protecting
public water systems as required by this section from contami-
narita that may have any adverse effect on the health of per-
sons. If the Administrator determines that a proposed State
progra ‘or any portion thereof) is inadequate, the Adminis-
trator shall submit a written statement of the reasons for such
determination to the Governor of the State
“2 1 MOoIFIcATIo A D RESLB\1!SSIO’. —W,th, 6 months alter
receipt of the .Administrator’s ritten notice under paragraph
ii) that an proposed State program or Portion therect i
inadequate, the Governor or Go ernors designee shall modif
OQO4 43
‘Ľ 1 -
PRo&P . . AH c.
t2JL-
(APA 1 iot J
Dr’P r . A t
• \ T ‘L)Nl
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000444
the program based upon the recommenda j of the Adniinifr
- - trator and resubmit the modiiied program to the Administrator.
“(d) Faz u .tj. r cz.—Aj r the date 3 years after the enact. i- G P 6 R A L
en of this section, no State shall re ive funds authorized to be IC )- A
appropri ,a under this section except for the purpose of un.
plementing the program and requirements of paragraphs (4) and (6)
of subsection (a).
“(e) DgP’INITION o WIW Z.aJ) PRerzcr iON Aai*.—A used in this
section, the term ‘welihead protection area’ means the surface and
subsurface area surrounding a water well or well.field, supplying a
public water system, through which Contaminants are reasonably L A L-
likely to move toward and reach such water well or wellfield. The - N
extent of a weilhead protection area, within a State, nec ary to R c T t - - 1 I
provide protection from contam1n ts which may have any adverse R 2 I>’.
effect on the health of persons is to be determined by the State in
the program submitted under subsection (a). Not later than one year
after the enactment of the Safe Drinking Water Act Amendments of
1986, the Adnunistrator shall iasue technical guidance which States
may use in making such determinations. Such guidance may reflect
such factors as the radius of influence around a well or weilfield. the
depth of drawdown of the water table by such well or weilfield at
any given point, the time or rate of travel of various contaminants
in various hydrologic conditions, distance from the well or well.field,
or other factors affecting the likelihood of contaminants reaching
the well or weliuield, taking into account available engineering
pump tests or comparable data, field reconn i ance, topographic
information, and the geology of the formation in which the well or
welifield is located.
“(0 Paoi.jrsrrio qs —
“(1) Ac-rtvrrzEs uim a oy L.kws.—No funds authorized to
be appropriated under this section may be used to support Pc- - i i —
activities authorized by the Federal Water Pollution Control
Act, the Solid Waste Disposal Act, the Comprehensive Environ-
mental Response, Compensation, and Liability Act çf 1980, or
other sections of this Act.
“(2) INDrvmu souac .—No funds authorized to be appro-
priated under this section may be used to bring individual
sources of contamination into compliance.
“(g) IMPLE DJrA r!oN. Each State shall make every reasonable
effort to implement the State weithead area protection program
under this section within 2 years of submitting the program to the lL t ’ - N TAt ( f l
Administrator Each State shall submit to the Administrator a
biennial status report describing the State’s progress in implement-
irig the program Such report shall include amendments to the State
program for water wells sited during the biennial period.
“(hi FEDERAL AGENCLES.—EaCh department, agency, and
instrumentality of the executive, legislative, and judicial branches t
of the Federal Government having jurisdiction over any potential “ - -
source of contaminants identified by a State program pursuant to , ,, c * ç-
the pro%qsions of subsection (aX3) shall be subject to and comply with
all requirements of the State program developed according to
subsection (a 4) applicable to such potential source of contaminants,
both substantive and procedural, in the same manner, and to the
same extent, as any other person is subject to such requirements,
includrng payment of reasonable charges and fees The President
may exempt an - potential source under the jurisdiction of an
department, a e’ic or instrumentaIit in the ex , ti e branch 1
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SDWA - cc 000445
the President determines it to be in the paramount interest of the
United States to do so. No such exemption shall be granted due to
the Lack of an appropriation unless the President shall have specifi-
cally requested such appropriation as part of the budgetary process
and the Congress shall have failed to make available such requested
appropriations.
“(1) ADDmONAL R qu1wdzi rr.— AD D
“(1) IN GENER.AL.—Ifl addition to the provisions of subsection
(a) of this section, States in which there are more than 2.500
active wells at which annular injection is used as of January 1, ‘‘ ‘j”
1986, shall include in their State program a certification that a
State program exists and is being adequately enforced that
provides protection from contamlnant8 which may have any
adverse effect on the health of persons and which are as8ociated
with the annular injection or surface disposal of brines associ-
ated with oil and gas production.
“(2) DEFINITION —For purposes of this subsection, the term
‘annular injection’ means the reinjection of brines associated
with the production of oil or gas between the production and
surface casings of a conventional oil or gas producing well.
“(3) REVIEW —The Administrator shall conduct a review of
each program certified under this subsection.
“(4) DISAPPROVAL.—If a State fails to include the certification
required by this subsection or if in the judgment of the Adminis-
trator the State program certified under this subsection is not
being adequately enforced, the Administrator shall disapprove
the State program submitted under subsection (a) of this
section.
“(j) COORDINATION Wi OThER LAws.—Nothing in this section
shall authorize or require any department, agency, or other
instrumentality of the Federal Government or State or local govern-
ment to apportion, allocate or otherwise regulate the withdrawal or
beneficial use of ground or surface waters, so as to abrogate or
modify any existing rights to water established pursuant to State or
Federal law, including mterstate compacts.”.
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000446
Pa ,( R , ’) ‘ - ‘- -
.I2’— A &C
I C l
•The le isjation also provides for the estab-
lishment of a new sole source aquifer dem-
onstration program and a new wellhead
protection program that are not supported
by the administration When originally in- 7
troduced, we observed that these new pro-
grams represented significant and unwai--
ranted intrusions into local and State land
use control and water use decisions Al- (
though we certainly agree that ground
water needs to be protected from major 4’ ‘-
contaminants, we believe that States have
the principal role in protecting this valuable
resource, and that the EPA has sufficient
statutory authority to assist the States where
appropriate In fact, the Federal Govern-
ment can never hope adequately to protect
the ground water resources of America
without the major participation and indeed
the leadership of State and local communi-
ties, and S. 124 reflects this important un-
derstanding
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S(c 2 j. 3o ed, t - te 2 - i 1 P 044?
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Under the conference agreemen ,
the Administrator has the authority
to disapprove State-proposed wellhead
protection prograJr s, if a State detel-
ops a program and the Administrator
disapproves it. the State cars choose
not to resubmit the program, and the
only consequence is that they will not
receive Federal grants to implen’.ent
the program. States do not suffer any
sanction from the Federal Govern-
ment. other than the loss of the grant
to develop and Implement the pro-
grain, if they do not submit a program
which can be approved by the Admin-
istrator.
The reason that the Administrator is
given the authority to disapprove a
State program is to make sure that
scarce Federal dollars are not sent to
support State wellhead protection pro-
grams that are Ineffectual or inappro.
pria e, If States do not submit serious
and effective proposals, there is no
reason that they should expect Feder-
al dollars under this program. By dis-
approving a State proposal, the Ad-
ministrator is able to prevent that
result. But there is no attempt here to
compel States to submit progranis
that can meet the standard of some
national criteria for welihead protec-
tion.
Mr. President. although the well.
head protection program is Structured
in the ways similar to the original
House ground-water protection pro-
gram. it is also Important to point out
the ways in which it is different from
the House bill. For one thing there is
no provision in this section for a citi-
zen suit to enforce the requirements to
define telihead areas, identify sources
of contaminants or develop plans to
protect groUfld.wa resources it
would not be appropriate to make the
first step in a national ground-water
protection effort a step into Federal
district court to establish the outlines
of 50 State programs in consent de-
crees approved by Federal judges.
A second element which was in the
House bill, but which IS dropped from
the ccnference report was the require-
ment that Federal detelopment
projects or projects assisted by Federal
funds be Consistent with State or local
welihead protection prograi Several
Federal departments and agencies ex-
pressed concern to the conferees about
these proposed Consistency require-
ments And in response to these re-
quests which were summarized and to-
cused by the Attorney General in a
letter to the conferees, we hate
dropped the Consistency requii’em ,
In its stead these amendments- In-
clude language which has become Ir-
tually boilerplate in other Federal
statutes. it requires Federal agencies
that have Jurisdiction or r potential
sources of contamination within well-i
head areas to operate those facilities
under the same rules and regulatio
and in the same manner as Is required
of any other person. The President Is
gisen authority to exempt any Federal
facility from this require n , If he
determines that It Is in the paramount
interest of the Un ted States to do so.
As I say. Mr. President. this language
which occurs in the Clean Air Act, the
Clean Water Act, the Solid Waste Dis-
posal Act, the Superfund amendments
which are now pending in the confer-
ence, and which is included In the cur-
rent law verisiori of the Safe Drinking
Water Act itself has become a stand-
ard feature of Federal law to rational-
ize the regulatory status of Federal fa-
cilities without establishing an oner-
ous and complicated res-iew process as
might be required by some interpreta-
tions of the consistency language
which was included in the House
amendment.
Mr. President, the sole source aqui-
fer demonstration program and the
wellhead area protection program are
new elements oT the drinking water
law that differ in important respects
from the programs that have been in-
cluded in that law In the past. At the
State level of goternnjent, drinking
water prograr are most frequently
administered by public health agen-
cies. That is most appropriate, since
the drinking water law is a public
health law that involves analysis of
water supplies and other analytical
procedures that health departments
are best equipped to carry out. But
these two new ground water provisions
have ininportant elements which are
focused on resource protection rather
than public health In that regard, it
is essential that EPA gite States great
flexibility in determining which State
agencies shall administer these new
programs and not require that they be
managed by the same State agencies
that carry out other parts of the
drinking water program
We, of course, face a similar issue
here at the Federal level The agency
has—established an Office of Ground
Water Protection to implement the
national ground water strategy, We
see these programs as fitting into that
strategy quite well and believe that
they should be managed in that Office
and in coordination with other ground
water protection efforts To make my
point specific, EPA is required to pro-
tide technical guidance to the states
and ptrblic water supply systems on
the methods that might be used to
most appropriately define wellhead
protection areas The expertise of the
Office of Ground Water Protection is
much better matched to this task than
i.s the Drinking Water Office at EPA
L l
C ,L UJk)
r
A major source of controversy in the
amendments is in regard to ground
water protection, it makes absolutely
no sense to create regulations for the
water coming out of the well without
recognizing that certain areas immedi-
ately adjacent to a well may be con-
tributing to the contaminants found in
that well. The area surrounding a
public water supply well is of critical
importance, Areas immediately adja-
cent to public water supply wells are
susceptible to pollution and warrant
special protection,
The welihead protection area is de-
fined as the surface and subsurface
area surrounding a water well or well
field, supplying a public water system,
through which contaminants are rea-
sonably likely to move toward arid
reach the well or welihead,
It is important to recognize that the
wellhead protection program is like a
mouse as compared to an elephant in
regard to the scope of the problem
that needs to be addressed.
The wellhead area protection pro-
gram is a flexible, important step for-
ward, but it cannot replace the need
for a comprehensive ground water pro-
tection legislation It must be recog-
nized that the wellhead protection
provision highlights the problem and
is responsive to the needs of States
that will be responsible for implement
mg this program.
Under this new program, States are
given wide-ranging flexibility in order
to determine what type and level of
wellhead protection program makes
sense within the specific context, of
the geology found within the indi id-a
ual State.
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P 2 Q 1 P448
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ThFweflhead pr 6 tection provision is
a focused provision designed to en-
courage States to protect areas around
drinking water weliheath from possi-
ble sources of contaimnation, Experi-
ence has Shown that drinking water
v elLs are most likely to be contaminat-
ed at the weliheaci hen substances on
the surface near the welihead leach
down the ell and into the ac uifer
Many States, including Texas, al-
ready have such a program in place to
prevent this kind of contamination,
and would not be required to make ad-
ditional changes to their program
under this provision Further, States
not choosing to comply with these pro-
‘ isioris ould only be ineligible for
funds to put such a welihead protec-
tion program in place
More sPecifically, this provision re-
quires a State ithin 3 years to submit
a ellhead protection plan to the EPA
Administrator ho only has authority
to disapprove such a plan
The plan is to. -
First, identify who in the State has
authority to develop and implem n
the plan,
Second, include information on the
ellhead protection area, such as hy-
drogeological data on the flo of tne
aquifer and the recharge zone, and
whatever Information the State be-
lieves is necessary to determine u bat
area around a ellhead Should be pro-
tected. In Texas, for example, the 1
State has determined that on the
hole, a protective radius j 150 feet is
adequate to protect drinking v aLer
wells from contaminants hich may
have any adterse effect on the health
of persons.
Third, the State should also identify
likely manmade sources of contamir.a.
tion around the ellhead protection
area For example, If there is a munici-
pal landfill in the region, this should
be identif ed.
Fourth, the means by which the
State plans on putt ng such a program i
in place, such as technical assistance,
training programs, and so forth,
should be outlined In the State plan as
well.
Fifth, recognizing that even the best
plans may be unable to prevent con-
tamination of drinking v.ater ells,
the State should also give consider-
ation to how replacement ater sup.
plies ould be provided to an area de-
pendent upon drinking water elIs.
Sixth, last of all, before drilling new
drmktng water elIs, a State plan
should require that possible contami-
nation sources be considered when Se-
lecting a site for the new well In this
way, we hope to encourage States to
plan ahead to avoid possible contamj.
nation rather than have the public
face the expensive, health-threatening
problems of drinking water well con.
taminationi.
These requirements are a common.
sense outline of the kinds of issues the
States should address when submit.
ting their wellhead protection plans.
As I have stated earlier, many States,
such as Texas, already have such a
program in place that would meet
these requirements States where wells
are a primary source of drinking water
for many communities already have
this kind of information, and we ould
not require more We are encouraging!
States, to the extent they have not al-
ready done so, to think ahead about
the problem of drinking water ell
contamination so they can present
probiems from occurring. I
The EPA is only given authority to
disapprove such plans if it does not in-
clude one or more of the required enu-
mer ed elements and is, therefore.
not adequate to protect public ;ater
systems as required by this section If
EPA does not respond to a State plan
within 9 months, it is deemed ap-
proved under this section If there is a
problem ith the plan. EPA is re-
quired to so inform the Governor in
writing. In these cases, the State
would have 6 months to resubmit their
plan.
If a State plan has been disappro ed
by the Administrator (even if resub-
mitted). then the State iS ineligible for
assistance under tn s wellhead protec-
tion prousion. This iS the only penalty
that can be applied to the States pur-
suant to this provision. We are aware
that some States have not chosen to
protect their ground water in this
fashion and thin did not want to pe-
nalize them for forging ahead of the
Federal Government in a slightly dif-
ferent direction.
Last of all, we agreed to a provision
in the House bill addressing a problem
to brine contamination in the State of
Ohio which must also include a certifi-
cation that there is a State program
that is being adequately enforced that
protects persons from Contamination
associated with the annular injection
or surface disposal of brines from oil
and gas production This Hcuse provi-
sion as designed to encoulnige the
State of Ohio to more vigorously ad-
dress its brine-related problems,
During this conference. ziome com-
ments were made about the sweeping
nature of this welihead Protection pro-
vision, The conferees do not intend
this to be a massive ground water pro-
tection program The Senate, in par-
ticular, has not had an Opportunity to
rer:ew the issue of ground water and
to de’ elop a comprehensive ground
water protection program,
This addition to the Safe Drinking
Water Act is aimed, first, only at un-
derground sources of drinking water
and not all ground water, Second, it is
intended to be a modest first step for
States to make, Our penalties provi-
sion makes it clear that States choos-
ing to maintain a different approach
to ground water protection will only
lose funding under thus particular sec-
tion. The Senate conferees anticipate
that a more ambitious ground water I
protection program may be developed
in the near future, but this is merely a
means of encouraging States to focus
on the problem at this time.
P eĽ
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? -
CA, v c 5C t-
t’r.l fLL.
000449
Section 205. entItled “State Pro-
grams to Establish Wellhead Protec-
tion Areas.” requires each State to
submit a program lthln 3 sears to
protect welihead areas within its juris-
diction from contaminants that may—
and I stress the word ‘rnay”—ha e any
adverse effect on the health of per-
sons. Failure to create an approved
plan will prevent the State from ob-
taining Federal funds to implement
the program.
My concern with this is t ofold-
First, through a sort of “carrot and a
stick” approach, the States ill be
forced to develop a comprehensive fed-
erally approved plan to control
ground water quality. Controlling
ground water qualit -equires monitor.
ing the land use of surface area sur-
rounding a water well or wellfield
which supplies a public water system,
The point Is this: Control over land
use has always fallen within State and
local domain, thus this. section will
further erode State authority to con-
trol land use.
Second, Mr. President, I’m con-
cerned about the enormous amount of
litigation which wlU almost certainly
arise as a result of section 205. The
section’s exposure to the citizen suit
provisions of the act expands even fur.
ther the opportunity for environmen-
tal activities to sue in Federal court,
and thus, is certain to add to an already
overloaded Federal docket.
Furthermore Mr. President, the
vagueness of the statutory language in-
vites judicial Policymaking, a role
which this Senatoi% believes should be
reserved for Congress,
Lest I be misunderstood let me be
clear and emphatic- Everyone fasors
“safe drinking ater.” That is without
question But, Congress, in its zeal to
implement noble ideas, often ends up
creating more problems than it sol es.
I hope the program created by section
205 iil not travel down that path.
In my o n State. I could not lead my
State to drinking iater regulation
dealing ith brine Our State discov-
ered that have brine, yielded from
oil and gas production, almost 1 mil-
lion gallons of brine produced e er
day, only 10 percent of v hich is dis-
posed of safely
This bill. unfortunately. does hate
to set a national standard because the
health of se eral States in the Mid-
west and the citizens ho consume
that ater is very seriousl jeopard
ized I think the point of the gentle-
man from California is important
Minmum national standards enforced
at the local le el with responsible help
and guidance from the Federal Got-
ernment is critical because, unfortu-
natel for all of us as citizens, drinking
v.ater knows no artificial geographic
boundary or political boundary It af-
fects us all
This bill, I think. gi es EPA the ex-
plicit instructions it needs to enforce
the appropriate national regulations
to get about dealing with what I be-
lie e is the most fundamental environ-
mental problem of this decade, and
The first is desi ned to prevent un-
derground sources of drinking s ater,
which are now clean, froin becoming
Contaminated Section 205 of S. 124 re-
quires States to develop plans to pre-
vent man.made contamination from
entering underground drinking v.ater
supplies through e1lhead areas This
pro ision requires no nea State regu-
latory program, but Instead gives each
Slate maxim flexibilty tQ protect
these vital resources in the it sees
fit Too often en’. Ironniental la ’ .is ha ’ .e
concentrated solely on cleaning up
pollution after it occurs This bill puts
equal emphasis on guaranteeing that
our pure drinking ‘ . ater stays that
way
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O45O
Rc . Nc, qq”.
SEC. 255. STATE PROGRAMS TO ESTABLISH WELLHEAD PROTECTION
AREAS
The Safe Drinking Water Act is amended by adding the following 2.!
rsew section after section 1427, as added by 8ection 208 of this Act: P
SEC 1428. STATE PROGRAMS TO ESTABLISH WELLHEAD PROTECTION
AREAS
“(a)-,STATE P oGp .uqs.—The Governor or Governor’s designee of
each State shall, within 8 years of the date of enactment of the Safe
Drinking Water Act Arnendrnent.s of 1986, adopt and submit to the
Administrator a State program to protect welihead areas within
their jurz.sdj tion from contaminants which may have any adverse
affect on the health of persons. Each State program under this sec.
tion shall, at a minimum—
“(1) specify the duties of State agencies, local governmental
entities, and public water supply systems with respect to the de-
velopment and implementation of programs required by this sec.
tio n ,
“(2) for each wellhead determine the welihead protection
area as defined in subsection (e) based on all reasonably avail.
able hydrogeologic information on ground water flow, recharge
arid discharge and other inforr,uie ion the State deems necessary
to adequately determine the welihead protection area;
‘(‘3) identify within each welihead protection area all poten-
tial anthropogenic sources of contaminants which may have
any adverse effect on the health of persons;
“(4) describe a program that contains, as appropriate, techni-
cal assistance, financial assistance, implementation of control
measures, education, training, and demonstration projects to
protect the water 8upply within wellhead protection areas from
such contaminants;
“(5) include contingency plans for the location and provision
of alternate drinking water supplies for each public water
system in the event of well or welifleld contamination by such
contaminants; arid
‘Y6) include a requirement that consideration be given to all
potential sources of such contaminants within the expected
wellhead area of a new water well which serves a public water
supply system.
“(b) Pusuc PA nCIpAflQN.—To the maximum extent possible,
each State shall establish procedures, including but not limited to
the establishment of technical and citizens’ advisory committees, to
encourage the public to,participate in developing the protection pro.
-------
000451
gram for well/zead areas. Such pr(x ed slzafl include notice anc
opportunity for public hearing on the State program before it is sub
mitted to the Administrator
‘Yc) DISAppROv — p 2. 2
in the judgment of theAdmjnj ,.ntor c
State program (or portion thereo/ including the definition of c
welihead protection area), is not adequate to protect public
water systems as required by this section, the Adminjstr r
shall disapprove such program (or portion thereof). A State pro-
gram developed pursuant to subsection (a) 8hall be deemed to be
adequate unless the Adminisgr tar determines, within S months
of the receipt of a Stat program, that such program (or portion
thereof) is inadequate for the purpose of protecting public water
systems as required by this section from contaminants that may
have any adverse effect on the health of persons. If the Admin-
istrator determjn, that a proposed State program (or any por-
tion thereof) is inadequate, the Administrator shall submit a
written statement of the reasons for such determination to the
Governor of the State
“(2) MorjipJcATJoN AND RESUBM7SMON..... Within 6 months
after receipt of the Administrator’s wrztt n notice under para-
graph (1) that any proposed State program (or portion thereof) is
inadequate, the Governor or Governor’s designee, shall modify
the program based upon the recommendations of the Adminis.
tmutor and resubmit the modified program to the Admznigtra
tar.
“(d) z s.u ASSLSTANC .—A1teT the date .? years after the enact-
rnent of this section, no State shall receive funds authorized to be
approprjaL J under this section except for the purpose of implement-
ing the program and requiremen of paragraphs (4) and (6) of sub-
tion (a).
“(e) J)EFINI7’JON Op WELLfly_47 PROTECTION used in
this section, the term ‘well/zead protection area’ means the surface
and subsurfa area surrounding a water well or weilfield, supply -
inga public water system, through which contaminants are reason-’
ably likely to move touxird and reach such water well or wellfielcL
The extent of a welihead protection area, within a State, necessary
to provide protection from contaminants which may have any ad-
verse effect on the health of persons is to be determined by the State
in the program submitted under subsection (a). Not later than one
year after the enactment of the Safe Drinking Water Act A mend-
rnent.g of 1886, the Administrator shall issue technical guidance
which States may use in making such determinations. Such guid-
ance may ref Zect such factors as the radius of influence around a
well or welifield, the depth of drawdown of th water table by such
well or welifield at any given point; the time or rate of travel of var-
ious contaminants in various hydrologic conditions, distance from
the well or wellfield brother factors affecting the likelihood of con-
taminants reaching the well or weilfield, taking into account avail-i
able engineering pump tests or comparable data, field reconflais-
lance, topographic information, and the geology of the formation in
which the well or well/ield is located.
i’19 PliornarrIoNs.—
-------
.000452
‘ (J) Acrivms s v v OTHER z. i ws—No funds authorized to
be appropriated under this section may be used to support cc-
tivities authorized by the Federal Water Póllut ion Control Act,
the Solid Waste Thsposal Act, the Comprehensive Environmen-
tal Response, ompenstitiori, and Liability Act of lPBO,’or other
Sections of thi sAct.
“(2) INDIViDUAL SOURCES.—NO funds authorized to be appro-
priated under this section may be used to bring individual
sources of contamination iflt(Icornpljance. t
‘Yg) IMPLEJJENTATION._ h State shall make every reasonable
effort to implement the State welihead area protection program
under this section within 2 years of submitting the program to the
Administrator. Each State shall 8Ubmit to the Administrator a bi-
ennial status report describing the State’s progress in implementing
the program. Such report shall include amendments to the State
prorm for water wells sited during the biennial peruxL
‘(7z) FEDERAL AGENCIES.—&Ch department, agency, and instru-
mentality of the executive, legi.slatiue, and judicial branches of the
Federal Government having jurisdiction over any potential source of
contaminants identified by a State program pursuant to the provi-
sions of subsection (oX ?) shall be subject to and comply with all re-
quiremnents of the State program developed according to subsection
(aX4) applicable to such potential source of contaminants, both sub-
stantive and procedural, in the same manner, arid to the same
extent, as any other person is subject to such req uiremenLs, includ-
ing payment of reasonable charges and fees. The President may
exempt any potential source under the jurisdiction of any depart-
ment, agency, or instrumentality in the executive branch if the
President determines it to be in the paramount interest of the
United States to do so. No such exemption shall be granted due to
the lack of an appropriation unless the President shall have specifi-
cally requested such appropriation as part of the budgetary process
and the Congress shall have failed to make available such requested
appropriations.
Yi) ADDITIONAL REQUIREMENT.—
“(1) IN GENE A.L.—In addition to the provisions of subsection
(a) of this section, States in which there are more than 2,500
active wells at which annular injection is used as of January 1,
1986, shall include in their State program a certification that a
State program exists and is being adequately enforced that pro-
vides protection from contaminants which may have any ad-
verse effect on the health of persons and which are associated
with the annular injection or surface disposal of brznes associ-
ated with oil and gas production.
“(2) DEFINITION._FOr purposes of this 8ubsection, the term
‘annular injection’ means the reinjection of brines associated
with the production of oil or gas between the production and
surface casings of a conventional oil or gas producing welL
“(8) REV1EW.—The Administrator shall conduct a review of
each program certified under this subsection.
“(4) DIwPRov,j _ Jf a State fails to include the certirica.
tion required by this subsection or if in the judgment of the Ad-
ministrator the State program certified under this subsection is
not being adequately enforced, the Administrator shall disap-
prove the State program submitted under 8ubsection (a) of this
section.
‘Yj) CCX,R.DINATION WITH OTHER L4 ws—Nothing in this section,
shall authorize or require any department, agency, or other instru-
mentality of the Federal Government or State or local government to
apportion, allocate or otherwise regulate the withdrawal or benefi
cial use of ground or surface Waters, so as to abrogate or modify any
existing rights to water established pursuant to State or Federal
law, including interstate compacts. ‘
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a a,
CoNc , RE.p, N 0 . C.r , 2d &4QQ453
SECTION 2O5—sTA ’r PROG To TBLISH W .z.ui PROTECTION
Senate bilL— The Senate bill has no provision.
House am.endmenL The House bill requires States to submit to
the Administrator a comprehen jve plan- to protect current and po-
tential sources of dru:iking water within three years of the date of
enactment
Each plan must: (1) specify the agency responsible for imple-
menting the plan; (2) identify each underground source of drinking
water in the State and describe the characteristics of each source;
(3) describe the location and types of human development which
affect each source; (4) set out the regulations and other measures
(including best management practices) for activities that may con-
tarninate 8ources; and (5) guara i or provide for an alternative i
drinking water supply when an underground drinking water source
is contaminated.
Each State is to make every reasonable effort to implement the p 4 L.4
State plan under this section within two years of its adoption.
Within two years after the approval of each State plan under this
section, each State is to submit to the Admin trator a status
report describing the State’s progress in iinplementing the plan.
A State that has not complied with the requiremen of this sec-
tion may not receive assistance for its underground injection con-
trol program established under the Act.
Conference agreement ._ a new Section 205, the conference
modifies the House provision and requires each State to submit a
program within three years to protect wellhead areas within its ju-
ris&ctjon from contaminants that may have any adverse effect on
the health of persons. The purpose of such programs is to protect
underground drinking water supplies from such contamination.
Each program must: (1) specify the duties of State and local
agencies and public water systems with respect to the development
and implementation of programs; (2) determine the wellhead pro-
jection area based on all reasonably available hydrogeologic infor-
mation on flow, recharge and discharge and other information the
State deems necessary to adequately determine the area; (3) identi-
fy within each protection area all potential anthropogenic sources
of contaminants which may have any adverse effect on the health
of persons; (4) describe a program that cont.ains, as appropriate,
technical or financial assistance, implementation of control meas-
ures, education, training and demonstration projects to protect the
water supply within wellhead protection areas; (5) include contin-
gency plans for locating and providing alternate drinking water
supplies in the event of contamination of a water supply-i and (6)
require consideration of all potential anthropogenic sources of con-
taminants within the expected weimead area of a new water well.
A wellheacf protection area is defined as the surface or subsur-
face area, surrounding a water well or well ,field supplying a public
water system, through which contaminants are likely to move
toward and reach the well or wellijeld. The State is to determine
the extent of the welihead protection area so as to provide protec-
tion from contamin th that may have any adverse effect on the
health of persons.
Within one year of enactment, the Administrator is to provide
techiucal guidance that the States may use to determine the pro-
tectiori area. The guidance Is to reflect factors affecting the likeli-
hood of contaminants reaching the well or wellfjeld.
Each State has the responsibility for defining the wel.Ihead pro-
tection areas within that State as required by the definition in this
section. This section does not, however, limit the existing authority
of States to manage, regulate, protect, or identify groundwater re-
sources. A State may, in its discretion, identify areas of significant
recharge not contiguous to a well or weflfjeld in defining a well.
head protection area under this section.
With respect to- identification of sources of contamination within
the protection area, the term “anthropoge 1 c sources” means those
sources resulting directly or indirectly from human activities.
-------
00Q454
Therefore, State inventorj of potential souj- of contarniniitjon
should include those ourc thata e and contribute pri-
mariiy man-made contaminfinta and those sources created by
human activities that result in the concentration and movement of
naturally.occ , .j contami a inor toward a well. Specifically,
however, the mere drawing down of water in a well should not be
considered an “anthropogenic source”.
Each State has the re8ponalbjljty of determining how best to de-
scribe a progra m to protect the water supply within each protec-
tion area in the State. The provision i structured to afford States
maximum flexibility in forrnulatmg a Protection strategy. A State
is not requir to develop a regulatory program unless it chooses to
do so; a program incorporatu one or more of the following ele-
menta—tech and financial assistance, education and training,
and demonstra on Project8 -couJd be deterrnj ed by a State to
achieve the required protection. -
States can be expected to take a wide variety of approaches to
protection of welJJiead areas within their Jurisdiction, and it is con-
ceivable that each State could develop its own unique approach.
Protection strategies may also vary for different protection areas
w]thin one State. The amendment recognizes that States are best
able to assess specific problem within their jurisdictions, and to
develop and implement necessary protection measures. As a result,
no groundwa r classification assigned by the Administrator is to
lessen the level of protection assigned to an aquifer by the State in
a wellhead protection are
The Administrator is granted authority to disapprove a State’s
program if it does not include one or more of the required enumer-
ated elements and is, therefore, not adequate to protect public
water systems as required by this section. If after nine rnontha, the
Administrator has not disapproved a program, it will be deemed to
be approved.
Because of the mportant State role in protecting groundwater
the Ad.mjrij ra ’ 8 disapproval authority should be used judicious-
ly. In the event a program is disapprove j, the Administrator must
submit to the Governor a written statement of the reasons for dis-
approval, and the State must modify and resubmit the program
within six months.
The penalty for failure of a State to have an approved program
is that the State will not be eligible for Federal funds to Lmplemerit:
the program, beginning three years after enactment. This is the
only penalty for failure to develop an adequate plan.
Federal agencies having jui is jjctjon over any potential source of
contaminaflte identified by a State program must comply with all
applicable requirernen of the State program, including payment
of reasonable charges and fees, in the same manner and to the
same extent as any other person. The President may exempt mdi-
viduaJ sources after determining it to be in the paramount interest
of the United States to do so, but no exemption can be made be-i
cause of a lack of funds unless the Pz
-------
000455
waive or limit more stringent requirements established under 8uch
other laws.
An additional requirement of this section applies to any State in
which there are more than 2500 active wells at which annular in-
jection of bi-ines as8ocjatetj with oil or gas production, is used as of
January 1, 1986. Any such State must include in its program a cer-
tification to the Adnilnjstrator that a State program exists and is
being adequately enforced that provides protection from cont.ami-
nazits which may have any adverse effect on the health of persons
and which are associated with the annular injection or surface dis-
posal of brines associated with oil and gas production. The Adniin-
istrator’s review under this provision is to assure that the required
certification is submitted by the State and to assure, on the basis of
existing information reasonably available to him, that the program
is adequately enforced. Such review .should be liniited to the ques-
tion of certi.ficatjon and enforcement and will not affect separate
determinations under this Act, such as the granting of pruxiacy to
a State under the IJIC program. Brine presents the most signifi-
cant problem in the State of Ohio, which has older oil and gas-pro-
ducuig wells. As the product depletes, brine makes up a higher pro-
portion of the fluid pumped and so creates a more pressing disposal
problem. This provision, therefore, is particularly aimed at Ohio,
which has proven to be remiss in its enforcement of brine-related
problems.
The conference substitute clarifies that nothing in this Act au-
thorizes or requires activity by any government entity which would
alter existing water rights or priorities. While not authorizing or
requiring any such government activity, neither does it limit the
existing authority of States to manage, regulate, protect, or identi-
fy groundwater resources within their juriadiction.
In order to assure that the monies authorized to be appropriated
under this section are directed toward making state groundwater
protection efforts as effective as possible, the conference substitute
states that such funds cannot be used to support activities under
other Federal Acts or other sections of this Act.
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2O5
H t - c’ c .
p. Ljz( 3
pL 21L
000456
$K4 za3. Prr%TK PMNs I ’ll PRirrir? l’%IH.g.
.Ki M I 44It Ki KS 4*’ tIKI ’ kIM.
W tT N.
The Sale Drinking Water Act Is an1endt d
by adding the following new section alter
sectIon 1443
4A 1113%. MT,%1’,: Pt.AxM ill PKirr -r i n ig.
I.KINe.I) i4)I RI IuI 1W I)ki%hi’ ,
(1
(a) STATE PUNS. —After notice and Oppor-
tunity (or public hearing and within 36
month, alter the date of the enactment of
this section, each State shall adopt and
submit to the Administrator a cOmprehp .
sive State plan to protect underg lind
sourc of drinking water from contam na.
tion that may adversely a(f. -t the health of
persons Each State plan i - ler this section
shall, at a minimum_
‘Ill specl y the lead ag n • hich has re-
sponsibility for implementing the plan and
demonstrate that this agency has adequate
legal authority and financial resource, to
perform this function.
• (2 identify each under-gi-ound source of
drinking water in the State an I perform an
assessment which describes. ft r each such
source, the quality and qua,” ty of water
shich It contains its (los pair ns and criti
Cal recharge zones and its osn and P0
tential sources of Cofltarninat
• 3 dt cribe for each Ur rground Source
of drinking sater Idenrilt d pursuant to
paragraph (2) the location and types of
hunian de elopmpnt shich aflect the soure,
and the types of such development hich
can occur Sithiout resulting in the deizrada-
tion of such sources
(4) set out the regulations and other
mea.surts ahich the State sill unplgr en
under the plan. including the establishment
of best manigempnt practices (BPMs ) (Or
categories or suocategories of actisities that
may contaminate underg—oun drinicittim
sater sourets and
“(5) guarantee or pros ide for an alterrt-
tise drinking aster supply ahen an und, r-
ground source of drinking water is Continit-
nated so as to adsersu)y affect the health of
In d’s eloping the Slate plan the State ma
cat egori e aquifers and assuring the probe
tion of public health afford different lest si
of protection to different aquifers basi’d oni
qhialir) and uses of the aquifer Concerned
Nothing in this section shall require the Ad-I
minLclratc r to promulgate regulation, Under
this sectic-
tb PLBUC PARTtCt TION —To the ma\i.
mum extent possible each State shall estab-
lish procedures including but not limited to
the establishment of technical and citizens
ads isory commitices to encourage the public
to participate in deseloping the ground
sater protection plan
(C) APpRov j OR DtSAppROVM , ,_
‘(1) IN CZNERAL—Withifl 9 month after
receipt of a proposed plan submitted asi
Specified in sub ,ection (a) the AdminisLra.i
tor shall approve the plan unless he deter
mines that the plan or any portion thereof
Is inadequate to meet the reguiremen , f
this section If the Administrator deter
mines that a proposed State plan or an
portion thereof is inadequate, he shall
aubi .I% $ wFfttcij st ter ei,t of tbe
f Is Is det ,- n to the Oosvfrnor of
the Btate wIthin 30 d -s from the date of
• jj determtngdo of tnsdeqtmcy
“12) Moo ,cMao,, - w. iow
WIthin 6 mantIs, a!t receipt of the A4-
in us wtrs .r ’e w ilt ten u otlce tind,r para-
graph (1) that any proposed State pfan,
porttois sereof. Ia in uquaLe, the Slate’
shall mnadify the p*n b ed upon t1 e ree
omrnend iona of the mm tratog and re-
submrt the modified plan to the Administri.
(or The Admsrtisu’ator shall approse or di ,-
approve the modified plan within 90 days of
his receipt thereof If the Adn,iriistrator dis.
approses the modification within such
pervd. the State shall zbmit a second
modification sithin 45 days The Admipt,.
trator shall approve or disapprove the
second modification within 45 days of his re-
ceipt of the second modification.
(dl E RCesEYT —
1) S -rsog 449 —The duties of States
and the Adininsstrator set forth in this sec-
tion shall be treated as reQuirements pre-
scribed under this title for purposes of Sec.
tiOn 1449
‘i2 AasisTsiscg UN 2 SECTION i422 —No
State exercising primary enforcement re-
aponsibthty under section 1422 for a State
underground injection control program may
receive any assistance under this ACt for
purpose, of such program if the State has
not complied sith the requiremen of sub-
sections (a). (b) and (ci of this subsection or
if any portion of a State plan has not been
approved by the Administrator before the
expiration of the periods specified in subsec-
t:on (Ci
(p1 Barge Co.rr MrNArzON —In the case
of each State in a hich oil or natural a.s ex-
ploration occurs the State plan under this
section consistent sills the underground in-
jection requirei fl of part C. the require-
mnents of the Scud Waste Disposal Act and
the reqijircrn .c.a of tne Federal Water P01.
lution Coni-,i Act balJ protect under-
ground sour ‘s of d. inking water from brine
contammna which rr y adversely affect
public heait and which is associated with
the production or reosvery of oil and natu-
ralgaa
(I) D SgtTIOI, O UNDntCRO 4O Souacg
or DRJrcgzj WATeL—AS used in this seo-
lion, the term underground source of drink-
ing water means under round a ater
ahich —
(1) supp ies drdikjju water for any public
water system .,
2 is reasonably capable of siipplyln
dflnkuig wa ger for any public water stem
or
13) mag be capable of supplying drinking
water for a public water systerri LI such
system utilized technologically advanced
treatment shich has been commercially
demonstrated to be economically feasthle.
‘i”(g) Pr’rzogs—
“I 1 Ac-rivrrirs niro ora saw —No
fund, authorised to be appropriated under
this sectjiin may be used to support accivI-
ties authorized by the Federal Water Pollu-
tion Control Act, the Solid Waste Disposal
Act, the Comnpn-ehen,ive Eri’vfrorinjental Re-
sponse. Compensation, and Liability Act of
1980 or other sections a! this Act
‘(2) nrvtroai sovacg , —h o funds ao
thorized to be appropriated tinder this sec-
tion may be sized to bririL todividijal sources
of conla,mnmation Into compliance
‘(bs Deamjse , —Each State shall make
erery rea.,onab4e effort to Implement the
State p*an under this section within 2 years
of IL , adoption. Wtthiri two years after the
approval of each 8tate plan Under this sec.
1(011, each 8tate shaS submit to the Adnim-
istrator ft statu, report descrlbnng the
- - --
“It) F L AGr ,nc isn.—E&Ch Federal
agency (toniducting or supporting an aetivit
affecting a crit1 ,1 recharge area Identified
m l ground water protection plant approved
under this section shall conduct or suppoi’t
those activities in a manner shich is consist-
ent with the approved plan,’.
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000457
S , c Ci 1 —y , 2 -0
- R\ ’ ap
<—t4
SEC. 2 53. STATE PLANS TO PROTECT 11 DERG flj ) SOIJRCE_s or DRJNKI IC WATER
The Safe Druik.mg Water Act is amended by adding the following new section
after section l443
SEC. I Ii3 . STATE PLtJ s TO PROTECT U OERGROiJpj SOUR 01’ DRJNKI’4C W Ttg ,
‘(a) SThTE P i.Aj 8.—After notice and Opporttin ty for public hearing and within 36
months after the data of the enactment of this section. each State shall adopt and
submit to the Ad ilistrator a comprehen iv State plan to protect underground
sources of drinking water from coCta.m1i tien that way adversely affect the health
of persons Each State plan under this section shall, at a minunum_
“(1) specify the lead agency which has responsibility for implementing the
plan and demonstrate that this agency has adequate legal authority and finan-
cial resource to perform this function;
“(2) identify each underground source of drinking water in the State and per-
form an a-ssessment which descnbes, for each such source, the quality and quan-
tity of water which at contains, its flow patterri and critical recharge zones, and
its known and potential sources of contanunation;
“(3) describe for each underground source of drinking water identified pursu-
ant to paragraph (2) the location and types of human development which affect
the source and the types of such development which can occur without resulting
in the degradation of such sources; -
“(4 set out the regulatwns and othe,- measui-es which the State will imple-
ment under the plan, including the establishment of best management practices
(BPM ) for catagor or subcategories of activities that may contaminate under-
ground drinking water sources, and
“(5) guaz-antee or provide for an alternative drinking water supply when an
underground source of drinking water is contarnina so as to adversely affect
the health of persons.
In developing the State plan, the State may categor ize aquifers and, assuring the
protection of public health, affoed different levels of protection to different aquifers,
based on quality and uses of the aquifer concerned Nothing in this section shall
re 9 uire the Admin rator to promuigst reguiations under this section.
(b) Pimuc P wriclp T1oN —To the maximum extent possible, each State shall es-
tablish procedures, including but not limited to the establ ishii ent of technicaJ and
citLzerij’ advisory committees to encourage the public to participate in developing
the ground water protection plan.
“(C) Amov 4 u. Os D iaa.i’paov _
‘(1) [ N c ea L—W +J’in 9 months after receipt of a proposed plan submit j
as specified in subsection (a), the Administrator shall approve the plan unless
he determines that the plan or any portion thereof is inadequate to meet the
requiremefl of this sectioiL If the Administrator determines that a proposed
State plan or any portion thereof is inadequate, he shall submit a written state-
ment of the reasons for hii determination to the Governor of the State within
30 days from the date of such determination of inadequacy.
“(2) MonrrTcArIOw .u in E. UsMi ON —Withi n 6 months after receipt of the
written notice under paragraph (1) that any proposed State
plan, or portion thereef is inadequate, the State shall modify the plan based
upon the recommendations of the Administrator and resubmit the modiiied
plan to the Adminirt - ,r, The Administrator ehall approve or disapprove the
modified plan within 90 days of his receipt thereof, If the Administrator disap-
proves the mod cation-. w Jim such period, the State shall submit a second
rnOdjjjcation within 45 da ys. The Adnnni trator shall approve or disapprove the
second modijication within 45 days of his receipt of the second modification,
“(d) ENroRc,flaj. -r_
“(1) SacrioN i449 —The duties of States and the Administrator set forth in
thij section shall be treated as requirements prescnb under this title’ for
purposes of section 1449.
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000458
“(2) ASSiSTANCE UNDER SEctION 1422.—No State exercising primary enforce.
ment responsibility under secti 1422 for a State underground injectlon ’control
program ma 7 receive any a stanos under this Act for purposes of such pro-
gram if the State has not complied with the requIreme of subsections Ia). (b),
and (C) of this subsection or if any portion of a State plan has not been approved
by the Administrator before the expiretion of-the peno ,g specified in subsection
(c) -
“(e) BRINE CoNmMiNA oN —In the case of each State in which oil or natural gas (7
exploration occurs, the State plan uncThr this section, consistent with the under.
ground injection requireme of part C. the requiremente of the Solid Waste Dis-
posal Act, and the requirements of the Federal Water Pollution Control Act shaji
protect underground sources of drinking water from brine contaj jnation which
may adversely affect public health and which is associated with the production or
recovery of oil and natural gas
“if) DEFINm0N 0? UNDERGROUND SOURCE or DRINKiNG WATER —As used in this
section. the term ‘undergro d source of dnnkzng water means underground water
which_
“(1) supplies drinking water for any public water system;
“(2) is reasonably capable of supplying drinking water for any public water
system. or
“(3) may be capable of supplyuig drinking water for a public water System if
such system utilized technotog cnIly advanced treatment which has been com-
mercially demorigtrate j to be economically feasiole.
“Igi PRoHiemo g —
“ Ii ) Ac ’rivlTIi UNDER OTHER L w—No funds author to be appropna
under this section may be used to support activities authori .j by the Federal
Water Pollution Control Act, the Solid Waste D ispoeaJ Act, the Comprehensive
Environmen aj Response, Compensati and Liability Act of 19d0, or other sec-
tiOn, of thi, Act
“121 INDIvIDUAL SOLRC —No funds author . to be appropria under this
section may be used to bring individual sources of conta_Irnj acion into compli.
arice
“ha DEADLINt ,. —Each State shall make every reasonable effort to implement the
State plan under this section within 2 .ears of its adoption Within two years after
the approval of each State plan under this section, each State shall submit to the
Administrator a status report describing the States progress in implementing the
plan.
(il Frntiui. ACENCIE —Each Federal agency conducting or supporting an activi.
ty aiTecting a critical recharge area identified in a ground water protection plan ap-i
proved under this section shall conduct or support those activities in a manner ii
which is Consistent with the approved plan.’
C v- :v N , ç E P No.
_______
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Section 2O ?
Groundwater contamination is a nationwide problem A signifi- . ( ¶
cant portion of the nation s groundwater supplies, upon which half —
the U S. population depends for drinking water, are contaminat J
with industrial chemicals and pesticides According to a 1982
report by the Office of Technology Assessment (OTA), 29 percent of
the underground drinking water supplies of 9o4 United States
cities with populations over 10,000 are contaminated. 20
In June, 1982, EPA’s Office of Drinking Water published its
survey of groundwater contamination from synthetic organic
chemicals. Widespread contamination of groundwater was found in
both large and small systems In addition, a January, 1981, Council
of Environmental Quality study also showed that major groundwa.
ter contamination problems in many States were caused by synthet-
ic organic chemicals resulting from industrial and manufacturing
processes. According to the study, major contamination problems
exist in at least thirty-four and possibly as many as forty States.2i
Section 1443A(c) establishes the administrative procedure for ap-
proval and disapproval of State plans. This program is intended to
rectify problems in the current groundwater protection effort iden-
tified i the EPA’s August 1984 Groundwater erotection Strategy.
In that document EPA concluded that;
-------
Since these Federal statutes s ere enacted at various
times for separate purposes, inconsistency developed in
EPA’s regulations and in the decisions made under them.
While these differences are often necessary and reasona-
ble, there are a number that appear to hinder a cohesive
approach to groundwater protection. Improving harmony
among EPA’s programs for ground-water protection is an
important need, since inconsistency in such matters leads
to confusion and less effective protection than if roles, re-
quirements, and responsibilities are clear and Consistent. 22
Section 203 establishes a new program for the protection of un-
derground sources of drinking water. Within three years of enact-
ment, each State must submit to the Administrator a comprehen-
sive plan to protect underground sources of drinking water from
contamination that may adversely affect the health of persons.
This provision is structured to afford States maximum flexibility
in formulating a sensible strategy to protect public health from
groundwater contamination. EPA is expected to approve a State’s
plan unless it clearly does not meet the requ1reme of this pros-I.
sion. The Committee emphasizes that this requirement in no way
preempts ongoing State activities and responsibilities in the area of
water planning, water rights, or water distributron. This planning
requirement is intended to complement ongoing State efforts which
are consistent with the goal of protecting the public health from
groundwater contamination The Committee intends that this pro-
gram will increase coordination arid fill in the gaps among Federal
and States programs so as to protect groundwater.
Minimum requiremen for each State plan include:
1) Specification of the lead agency which has responsibility
for implementing the plan and a demonstration that the
agency has adequate legal authority and financial resources to
perform this function;
(2) Identification of each underground source of drinking
water in the State and an assessment which describes for each
source, the quantity and quality of water which it contains, its
flow patterns and critical recharge zones, and its known and
potential sources of contamination;
(3) A description of the location and types of human develop-
ment which affect each underground source of drinking water
and the types of development which can occur without result.
irig in the degradation of such sources;
(4) A set of regulations and other measures which the State
will implement under the plan, including the establishment of
best management practices (BPMs) for categories or subcate-
gories of activities that may contaminate drinking water
sources; and
(5) A guarantee or provision for an alternative drinking
water supply wl en an underground source of drinking water is
contaminated so as to adversely affect the health of persons
In developing the plan, the State may categori ze aquifers and, as
suring the protection of public health, afford different levels of pro-
000459
-------
tection to different aquifers, based on quality and uses of the aqui-
fer concerned.
To encourage the public to participate in developing the ground-
water protection plan, each State is to establish procedures which
include technical and citizen’s advisory committees.
Within 9 months after receipt of a proposed plan, the Adminis-
trator is to approve the plan unless he determines that the plan or
portion thereof is inadequate to meet the requirements of this sec- 0 0 0 4 6 0
tion If the Administrator determines that a proposed State plan or
any portion thereof is inadequate, he is to submit—a written state-
ment of the reasons for his determination to the Governor of the
State within thirty days from the date of such determination of in-
adequacy.
Within six months after receipt of the administrator’s written
notice that any proposed plan or portion thereof is inadequate, the
State must modify the plan based upon the recommendations of
the Administrator and resubmit the modified plan to the Adminis-
trator. The Administrator is to approve or disapprove the modified
plan within ninety days of receipt If the Administrator disap-
proves the modification, the State must submit a second modifica-
tion within forty-five days of the disapproval. The Administrator is
to appro e or disapprove the second modification within forty-five
days of receipt.
Section 1443A(d) provides that the duties of the States and the
Administrator set forth in this section are to be treated as “re-
quirements prescribed under this title” for purposes of section
1449. the citizen s civil action provision of the Act.
To compel State and Federal compliance with this section, no
State exercising primary enforcement responsibility under section
1422 for a State underground injection control program may re-
ceive any assistance under the Act for purposes of that program if
the State has not complied with the requirements of this section or
if any portion of a State plan has not been approved by the Admin-
istrator before the expiration of the periods specified in this see-
t Ion.
Section 1443A(e) specifies that in each State in which oil or na u-
ral gas recovery or production occurs, the State plan is to protect
underground sources of drinking water from brine contamination
which may adversely affect public health and which is associated
with the recovery of oil and natural gas Waste associated with the
exploration, development or production of crude oil, natural gas or
geothemal energy are subject to requirements under subtitles C
and D of the Solid Waste Disposal Act as well as permit require-
ments under the Federal Water Pollution ControL Act. It is impor-
tant to emphasize that State requirements adopted pursuant to this
subsection remain consistent with those other two Federal statutes.
Section 1443Affl defines the critical term “underground sources
of drinking water” to mean underground water whiclv (1) supplies
drinking water for any public water system; (2) is reasonably capa-
ble of supplying drinking water for any public water system: or (3)
may be capable of supplying drinking water for a public water
system if such system utilized technologically advanced treatment
which has been commercially demonstrated to be economically fea-
1443Ag provides that no funds to be appro-
priated under this section may be used to support activities author.
ized by the Federal Water Pollution Control Act, the Solid Waste
Disposal Act, The Comprehensive Environmental Response, Corn.
pensation, and Liability Act of 1980, or other sections of this Act.
En addition, no funds authorized to be appropriated under this sec-
tion can be used to bring individual sources of contamination into
compliance -
Section l -143A{h) requires that each State is to make every rea-
sonable effort to implement the State plan under this section
within two years of its adoption. The CommLttee intends that a
“reasonable elfort” is one which will achieve implementation of
the State plan within the two-year period except in the most ex-
traordinary circumstances. The Administrator should withdraw
funding if the State fails to make reasonable efforts to implemnent
an approved plan Within twp years after the appro al of each
State plan under this section. each State is to submit to the Admin-’
istrator a status report describing the State’s progress in imple-
menting the plan
Section 144 ,IA(i) requires that each Federal agency conducting or
supporting an activity affecting a critical recharge area identified
in a groundwater protection p’an appro ed under this section is to
conduct or support these acti .Ities in a manner which is consictenr,
,,, t. .L.. -
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000461
o& cL ZOT
va (-1iThc -i -
C trL je (t&A(k J ,Ic,?s)
( ? sŕR p.
2.ctlos ZO3—&e piw
The b 11 requir States to develop and
Idopt cm ehen ve pla. i to peot Un-
dergjoim souro of 4y 13 I
contIna1M may adversely altect
the hes.L&b of pez, . These plans m a& So
developed VIUIjQ 3d months and meet live
I ted atterts to be approved by the EPA.
The Slate plan must at amlnin uin
(1) specIfy a lead agency for implementing
the plan.
I (2) identIfy each source of underground
d_rlniting water to be protected. ire quality
and quantity, and known or potential
sources of contamination.
(3) descrIbe for the sources Identified In
(2) the location and types of human devel-.
opment which ctn occur without resui Wig
In degradation to the sources,
(4) contain implementing reiuiauona in
cludln.g best mang .gement practices (Bl tPs
(SI provide for alternative drinking water
SUpplies if needed.
Procedures for public participation Ifl
veloplng a groundw tey plan through citizen
advisory commJtt encouraged OU and
gas exploratLoa Slates atuu have provisions
for protection from contaznlnaj on from
brine dlaposak S ow’ces of drinking water to
be protected &e broadly defined.
State plans Init Ially rejected may be re-
vised and resubmjtjed. States falling to have
pLaza approved within the time limitations
cannot receive aesistance to Implement their
Section 1422 State IJIC enforcement moon-
siblilty The Slate will also be subject to citI-
zen enits under Section 1449 Federal aern
dc . must aasure that their activities affect
Ing critical recharge areas s.re conducted in
a maimer consistent with the State plan.
Each State is eligible to receive c raJ
grants for SO percent of the cesca of de ’veiep-
ment and lmplemaQ%at,ton of the ft u.d
plan
-------
(‘tF)ujr jm for State and/or local im-
piemei.atjon of the pla.n In a maimer Ilta&
wtlL Leisure the continued. unhiorm. consist-
ent protection of the crlt cal protection i.r
in accord wtLh the purposea of this section:)
‘if) e .ficanars of aiuhonfy adeqi .gte
to mp1emeyu the ptaa . esf mateg of proçra,n
costs. and sources of State maldung ) 44.
(“tO) adequate perso nnel, fundlng and
authority to carry out the plan,
( “ proposed limits on activities and
projects ILrtaruliJIg assisted by Federal,
State. or local government which may con-
tribute to degraija n of such ground water
or any loss of nazursj surface and subaur-
face Ln11tt.t tlo or purlflcaUon capabufly of
the critical protecuon area watersh d
c ( “(I) consideration of specific techniques.
which may Include dUstering, tr 5 ,fl3jer of
developme rights, and other innovative
n)eMure sulflcfent to achieve the objec-
tlve.s of this se”t1on
( “(J con deratton of the establishment
of a State institution to fscliltat.e and assist
In funding a de elopmenl transfer credit
system ,]
“C l) WitbIj 120 days alter receipt of an
application under thL, section. the Adminis.
trator must approve or disapprove the appli-
cation based on a determination that. the
critical protection area satisfies the criteria
eslabitshed under sUbsectlo (d l and that a
dernorut.ratlon progran for the area aould
pro (de (a useful model for other ground
aster protection Programj] protection for
QrOund WaLer gtsQJil con41.sze 5z &cith the ob-
;ec ire, Jtcteij in su cti i ( ci Any peti.
tioner may modJ!y and resubmit any sOpli ’
cation which 18 not apprv eej , Upon approv.
a! of an ppjJ ton the Administrator may
enter into a Cooperatl%e agreement with the
appiLcant to Ist.abljaf a demonstration pro-
grar’i such program ahati incIud the devel-
and isnpiernenr,.ation of & plan for
the protection of the ground aat ,er re
chl.rged through the critical aq jfer protec-
tIon area.
“ig> Upoei entering a cooperaUve .grre-
ment Under subsection let, the Adnvlnjss.za.
tar may 0rovid to the appilcans , on a
mMthiz bsa$p grant of 50 p .r e tnm of
the ee a of ŕe9e1o and i 5 .CU!I4 5
the — eaablizhed under th seeU . The
total asaou t of ts under this aec*lo
for any one aquifer, designated under sec-
Uon 14241 . ) , shall net exceed (12.000.000]
$4,000,090 I any fiscal year.
“(h) No funds authorjzed-tmder this sub.
section may be used to fund activities
funded under other sections of this Act or
the Clean Water Act, the 8oL Waste Die.
pose.1 Act, the Comprphensjve irorirnen-
tel Response, Compensation and Liability
Act of 1980. or other Federal statutes.
“rn No funds authorised to be ap roprt-
ated nnder this section may be used l. a clean
up (Individual] any source of coitcinanc*-
tion or to bnng osy (sourer.] source of
contasslnallon (or to bring such source.]
into compliance with Federal, State, or local
statutes.
“(fl No toter than December 31. 1989. cactI
Stale thoU ribmit to the Administrator a I
report aasezssng the impact of 11w propram
on ground waler QIiaUtiJ and (den fsfljing
those meosiiiu fornsd to be effective In pro-
tecttna gvowndwater resources. No later
Cio* September * 1 $90, Live Adrhirsfztr tor
Mail subnvU to Cbngresz a report swnmarfz.
fag Cite State reports, and osseu ’fng the cc-
co’snpltthmenta of the rote source aqutfer i
demon,tr fion program indudrng an iden-
Uflcoi on of protection methods found to be
most effectfoe and recommendatiou.i for
their application to protect ground water er-
sources from confaeziaalfon wherever aee.r-
sary.
(“(j)] “ 1k) Nothing under this section
shall be construed to amend, supersede or
abrojate rights to QuamiLles 01 waler which
have been established by Interstate water
compacts, Supreme Court decrees, or State
sater taPE or any requirement imposed or
right provided under any Federal or State
t’nvlronmental or public health statute.
(‘(k)] “as’ There ate wtborized to be ap-
ropriated for the purposes of this section
(325,000,000] Ł20,000,009 ( i each of the
fiscal years (1981] 1987 tbroiigli (198.9.”]
1990.’ .
OPN LA1. PROVISIONS
au’rwoaxaarso 07 AP?SOPIIUTSONS
Sec. 13 (a) Section 1442ff) of the Safe
Drinking Water Act is amended by Inserting
the following at the end thereof. “There are
authorized to be appropriated to carry out
subsection (aXl)(B), [ *9 600.000 for the
fIscal year 1985.] *11,300,000 for the fiscal
>ear 1986. *11.300.000 for the fiscal year
1987. 511.300,000 for the fiscal year 198.8.,
and $11,300,000 for the fiscal year 1989 and
511 300000 for the fiscal veer 1990 There
are authorized to be appropriated to carry
out the provisions of tbis section (other
than subsection (gi. subsection ‘ ( 51(2 1 (5),
and provisions relating to research).
($42 000.000 (or the fiscal year 198$. )
$47000000 for the ILscaJ year 1986.
$41 0 000 (or the fucai yes.! 1987
$47 000 000 for the fIscal year 199.8. (a n sI]
*47.000,000 for the fiscal year 1989 and
547,0i10,000forfl iefucpj yearI9SO
(hi Section 1443(ai(7) of the Safe Drink-
Ing Water Act is amended by adding the fol-
loein.g at the end thereof “For the pur-
poses of making grants under Paragraph (1)
(here are authorized to be appropriated
(*40000.000. for the fiscaL year 196$.]
*45.000,000 ,!or the fIscal year 1988.
*45000,000 !or the fiscal year 1987.
*45.000,000 for the fIscal ‘ear 1988. (and]
$45,000,000 for the iLtcal year 1989 and
U5 ,000,000/or the/ascot yeur 1990.”
(C) Section 1443(bXS)of the Safe Drthk1i
Watet’ Act Is amended by adding the follow.
ing at the end thereof, ‘For the purpose of
c OO461
— iC-
making grants under pera ngh (1) there
are authorfted to be appropriated
($25000000 for the ft,caj yc,j’ 1915.]
*2* 000 000 for the fis aJ year 1986.
_, 28 000.000 for the fIscal year 1981.
“%$.OOe,Ooo for the t J year 1918, (aM]
) 000.000 (or the fiscal y r 195* and
A.000.oooio, the fiscal i’ear 4990.”,
‘ (d Section 1441 ( 1) of the Safe Drinking
Water Act Is amended by striking out “ In
effect” and all that follows and substituting
“in effect lot more than one year
ç O 3 ’l
I-it;
3l (c i’ ,- ’
- - :‘‘‘ ; ,c, ey S)
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o j cL k 0
S. N S#-J L V C
\, ç 3 c
000463
EVALEJATION or Rzoth. roay h(pAcy
In compliance with section 11(b) qf the Rule XXVI of the Stand-
ing Rules of the Senate, the Committee makes the following eva!-
uatjon of the regulatory impact of the reported bill.
Section 2 of the bill requires the Administrator to exercise stand-
ard-setting authority already available to the Agency. Public water
systems are already subject to regulation under this section and no
new parties will be rna4e subject to regulation by enactment of this
section in the bill. Additico.a control requirernen will result as
additional contamm n are listed and regulated by the Adminis-
trator. It is not possible toestim te aggregate or individual costs of
this provision because information is lacking upon which to esti-
mate either the level of controls that will be needed to protect
health or the water supply systems that will be found to need addi-
tionaj controls. -
Section 2 also requires the Admini tra y to Promulgate regula-
tions requiring disinfection as a treatment technique for all public
water systems. Under this section, some systems may not be re-
quired to disinfect because of their raw water quality. EPA esti-
mates over 27,000 of the 60,000 systems in the nation do not cur-
rently disinfect. The cost of installing disinfection may range from
$0003 to Ł0.15 per 1000 gallons. Since regulatio are not yet avail-
able, it is impossible to make a reliable impact estimate at this
time.
Additionally, this section requires the Administrator to promul-
gate regulation5 specifying criteria under which filtration is re-I
quired as a treatment technique for public water systems supplied
by surface water sources. States are then to determine whether fil-
tration is required. Almost 5,000 public water systems do not now
utilize filtration. The cost of installing both filtration and disinfec-
tion ranges from Ł0.22 to $5.65 per 1,000 gallons. Until applicable
reguiatio have been promulgat e d, more precise estimates are not
available
The paucity of information that makes estimates of the coats of
section 2 stand rJ setti ng provisions impossible will be remedied,
in part, by the requiremen of section 8 of the bill that all public
water syste monitor for unregulated pollutants designated by
the Admirt rator Th requirement will apply to a total of Ł60,000
water 5 terns. Monitoring Costa may range from $500 to
1,0($3 per ana1y . Autho ti 0 of $30 million are made avail-
able to pay for monito ,,, by the 30,000 siallest public water sys-
tems.
Section 10 of the bill requires that additional monitoring require-
ments be promulgated for certam types of undergrou d injection
well operators already subject to regi.ilatio The estimated coat of
new requireme n ay be Ł10,000 to Ł60,000 per site. The nu..rnber
of operators subject to the requiremen is 198.
-------
000464
- 4. Bill purpose: S. 124 would authorize appropriations to the En- p.
vironniental Protection Agency (EPA) for safe drinking water pro-
grams for fiscal years 1986 through 1990, including grants to states
for emergency actions, underground injection controL, and public
system supervision. The bill would authorize appropriations of $10
million for each of the fiscal years 1986 through 1989 for technical
as ta ce to small public water systems. S. 124 would also author-
ize the approprl.atlon of $30 million in fiscal year 1986 to be used
by the EPA to develop regUlations requiring public water systems
to monitor for unregulated Conuiminants. The $30 million could
also be used to offset EPA’s costs of perforrntng analysts on sam-
ples submitted by smaller systems. Finally, S. 124 would provide a
total of $81) million over four years to establish a demonstration
program for sole source aqt ifer protection.
5. Estimated cost to the Federal Government:
t a
,
t I M
LW
:iu
tIM
9
._
._
— . _. 1113
1613
1613
1613
1513
Ł1IE n_
— —
—
115.1
1416
1573
1595
15)8
The costs of this bill fall within budget function 300.
Basis of estimate: Authorization levels are those stated in the
bill. For purposes of this estimate, the entire amounts authorized
by the bill are assumed to be appropriated for each fiscal year It is
further assumed that all grant funds authorized and appropriated
will be disbursed by the EPA and that states will meet the neces-
sary matching requirements. Outlays are estimated on the basis of
historical spending patterns for drinking water programs.
6. Estimated coat to State and local goveramenta: CEO has not
completed its estimate of the costa to state and local governments.
7. Estimate comparison: None.
8. Previous CBO estimate: None.
9 Estimate prepared by Deb Sets.
10. Estimate approved by: C G Nuckols (for James L. Blu.m. As-
sistant Director for Budget Analysis).
-------
• S C -o L LCc i 4 v ) -
, No i
s
OPTIONAL D MoN9’rL oN BY STAT ft ATINo TO OIL OR NATURAL - ‘ ?, C c 2 s)
GAS
SRc. 1425. (a) For purposes of the Adniini tr o ’ 9 approval or dis .. H
approval under section 1422 of that portion of any State under-
ground injection control program whi relates to—
(1) the underground injection of brine or other fluids which
arebroughtte nCoflnectiOflWlthoilornaturnjgas 000465
production, or natural gas storage operations, or,
(2) any undergroun injection for the secondary or tertiary
recovery of oil or natural gas. - -
in lieu of the showing reqwrecJ under subparagraph (A) of section
1422(bx l) the State may demonstrate that such portion of the State
program meets the requ1remen of subparagrap}ij (A) through (D)
of section 1421(bXl) and represents an effective program (including
adequate record.keeping and reporting) to prevent underground in-
jection which endangers drinking water sources.
REGULATION OP STATE PROC RAMS
SEC. 1426. (a) No later than 18 nwnth, after enactment of the
Safe Drinking Water Act Amendment, of 1985, the Admuzzstrijtor
shall revise regulations issued under this Act to require ground
water nwnitorrng at l o cat ion, and in such a way that would pro- p. 4
i ide the earlist possible detection of fluid migration into, or in the
direct ion underground drinking water sources from a class I in-
jection we unless the Administrator or delegated State authorzt’v
concludes , on the basis of the applicant’, demonstration, that such
monitoring is not ne exists for migration
from the injection
to human health or
the environment.
(b) The Administrator shall submit a report to Congress no later
than &ptember 1 .987, 8Ummarzzzng th, results of S4ate surveys, cur.
rently required by the Administrator, S years after the delegation of
the program, under this section to a,przmary tate enforcement ou.
thority. The report shall include the ollowing information.’
(1) the numbers and catggorzes of class V wells which dis-
charge nonhazardo , waste into or above an underground
source of drinking water,
(2) the primary contamination problem., associated with dif-
ferent categories of these disposal wells, and
(5) recommendations for minimum desi , construction, ui.
staliction, and siting requirement, that should be applied to
protect under ’rvund sources of drinirig water from such con-
tamination w rever necessaiy. -
Src. 144S. (axi)’ ‘
S S S S a S
(7) For the purposes of mRking ranta under paragraph (1) there
are authorized to be apDropria $15,000,000 for the fiscaL vearl
endinz June 30, 1976, , ,000 for the fiscal rear ending Junel p Lh
30, 1 7, $35,000,000 for fiscal year 1978, $45,000,uuu for fiscal year
1979, $29,450,000 for the fiscal year ending September 30, 1980,
$32,000,000 for the fiscal year ending September , 30, 1981, and
$34,000,000 for the fiscal year ending ptember 30, 1982. For the
purposes of mak 1fl9 grants under paragraph (1) there are authorized I
to appropria 5,O(X) ,O(A) for the fiscal year 1986, 45, k .O(X)I
for the fiscaL year’ 1987, 14 ,(Xk for the fiscal year 1988,
t45,Ck 2Ckw) for the fiscal year 1989 a $45,(XW),t ’KX) for the fi sc alj
zr l99O. I
(bX l)’ I
• S a I 5 I I
(5) For urposes of mi’king grants under paragraph (1) there are
autho to be approprLated $5,000,000 for the fIscal year ending
June 30, 1976, $7, ,000 for the fiscal ear ending Juiie 30, 197 ’f,
$10,000,000 for each of the fiscal years 1 8 and L,.9, $7,795,000 for
the fiscal year ending September 30, 1980 $18,000,000 for the fiscal
year ending Seoternber 30, 1981, and $21,000,000 for the fiscal year
ending Septem r 30, 1982. For the purpose of rnaking 8 rtints underl
paragraph (1) there are authortred to be appmprio $28,C X OCb9
for the fiscal year 1986. $28,OOaO( k9 for the r ca1 year 1987,
28,OOO O(X) for the fiscal year 1989. .f29 Q(, ’) ( ‘) f , - , . ‘h. ,q ,.’ . ,F
-------
SI 2 ,L . tCL&c k
S 3
-
000466
( t ie cJ)
Mosa rr No 6
Part C of the Sale Drinkng Water Act is
amended by idding at the ena hvr ot the
foUowing new sectlon -
‘astu’z DISPOSAL PROCR’IM srroy ”
“Sw.. (axi) The Administrator shall
conduct a rtudy of the current s orsge and
disposal requiramect,a and practii,ss of brine
s.ssoclated with oii or natural ea.s e plora’ , 3 (, 2.
tlon. production, or recosery 1 ,-I those States
In which oU or natural ga.s explora:ion. pro
duction. or recovery occurs
“(2) Such study shaU Identify, using cur•
rently ava iable data. tho e Sra.es in which
existing underground cirui )ur supplies are
.subjecl to contam&nat.ort, wl icn may hue
an idvers effect on hui s health, by
heavy meta.13 or tots.! dissc e i sulids from
the current storage nd di.ip.,sal of brine
The result.s of such study shaU be subm.:ted
to the Congress within 9 month.s of enact•
ment.
‘(b)(L) Within 180 days of completion of
the study, if such contamination is found
the AdmLnistrator shall issue guideLines for
making & demonstration that an effec ive
program, including adequate enforcement.
is being implemented to protect the public
health and environment from adverse ci.
fecta resulting from the storage and dLsposai
of brine. associated with oil or natural gas
exploration, production, and recovery.
which Is not controlled by an existing un
derground injection control program.
(2) The A rninistrator s saU notify those
S:a:es identified a.s hairng a significant con.
taminat on problem In subsection (a) (2l at
the sarre time that he Issues guidelines
under sUosection b)(l)
“(3) Within 12 months of receiitng notlfl’
cation such Staes stsa.li derson.strate to the
Administrator that they are implementing
an e(ecthe program In accordance with
guidelines issued under 1bx 1)
‘cu If any State required to demonstrate
an effective program under this section,
falls to make such a der’erstraticn within
the specified time, the Administrator shall.
after 90 days (or notice and opportunity for
comment promulgate a program for that
State to achieve the goals in this section
( ) f alter a States demori.stratlon Is ap’
prosed by the Administrator he determines
that the State has (ailed to maintath an ef
fective program in accordance with subsec
tion (bfl li ’ ie may exercise the authority of
subsection ia of Sectiors 1422 In the same
mariner as provided In such suosectiun.
-------
STATE PLANS TO PROTECT UNDERGROUND SOURCES OP DRINEDjO WATER
Sec. 203. The Safe Drinking Water Act is amended by adding the following new
section after section 1443
“STATE PLANS TO PROTECT UNDERGROUND SOURCES OF DRINKiNG WATER
“SEC. 1443A (a) After notice and opportunity for public hearing and within 36
months after the date of the enactment of this section, each State shall adopt and
submit to the Administrator a comprehensive State plan to pro ct underground
sources of drinking water from contamination that may adversely affect the health
of persons Each State plan under this section shall, at a minimum—
“(1) specify the lead agency which has responsibility for implementing the
plan and demonstrate that this agency has adequate legal authority and finan-
cial resources to perform this function; -
“(2) identify each underground source of’ drinking water in the State and per-
torn, an assessment which describes, for each such source, the quality and quan-
tity of water which it contains, its flow patterns and critical recharge zones, and
its known and potential sources of contamination,
“(3) describe for each underground source of drinking water identified pursu-
ant to paragraph (2) the location and types of human development which affect
the source and the types of such development which can occur without resulting
in the degradation of such sources,
“(4) set out the regulatio and other measures which the State will imple-
ment under the plan, including the establishment of best management practices
(8PM for categories or subcategories of activities that may contaminate under.
ground drinking water sources; and
“(5) guarantee or provide for an alternative drinking water supply when an
underground source of drinking water is containina so as to adversely affect
p health of n”rsrinq
In developing the State plan, the State may categorize aquifers and, assuring the’
protection of public health, afford different levels of protection to different aquifers,
based on quality and uses of the aquifer concerned Nothing in this section shall
require the Administrator to promulgate regulations under this section
‘Tb) To the maximum extent possible, each State shall establish procedures, in-
cluding but not limited to the establishment of technical and citizens’ advisory com-
mittees to encourage the public to participate in developing the ground Water pro.
tection plan
“(cXl) Within 9 months after receipt of a proposed plan submitted as specified in
subsection (a). the Administrator shall approve the plan unless he determines that
the plan or any portion thereof is inadequate to meet the requiremen of this sec-
tion If the Administrator determines that a proposed State plan or any portion
thereof is inadequate, he shall submit a written statement of the reasons for his de-
termination to the Governor of the State within 30 days from the date of such deter-
mination of inadequacy
“(2) Within 6 months after receipt of the Administrator’s written notice under
paragraph (1) that any proposed State plan, or portion thereof, is inadequate, the
State shall modify the plan based upon the recommendations of the Administrator
and resubmit the modified plan to the Administrator The Administrator shall ap-
prove or disapprove the modified plan within 90 days of his receipt thereof If the
Administrator disapproves the modification within such period, the State shall
submit a second modification within 45 days The Administrator shall approve or
disapprove the second modification within 45 days of his receipt of the second modi-
fication.
“ (d xl) The duties of States and the Administrator set forth in this section shall be
treated as ‘requiremen prescribed under this title’ for purposes of section 1449
“(2) No State exercising primary enforcement responsibility under section 1422 for
a State underground injection control program may receive any assistance under
this Act for purposes of such program if the State has not complied with the re-
quirementa of subsections (a), (b), and (c) of this subsection or if any portion of a
State plan has not been approved by the Administrator before the expiration of the
periods specified in subsection (c)
‘(el In the case of each State in which oil or natural gas exploration occurs, the
State plan under this section, consistent with the underground injection require- I
menta of part C, the requiremen of the Solid Waste Disposal Act, and the require-
ments of the Federal Water Pollution Control Act shall protect underground sources
of drinking water from brine contamination which may adversely affect public
health which is associated with the production or recovery of oil and natural gas
“(I) As used in this section, the term ‘underground source of drinking water’
means underground water which—
‘(1) supplies drinking water for any public water system,
‘(2) is reasonably capable o( supplying drinking water for any public water
system, Or
“(3) may be capable of Supplying drinking water for a public water system if
such system utilized technologically advanced treatment which has been com-
mercially demonstrated to be economically feasible
“(gxl) No funds authorized to be appropriated under this section may be used to
support activities authorized by the Federal Water Pollution Control Act, the Solid
Wuste Disposal Act, the Comprehensive Environmental Response, Compensation,
and Liability Act of l 0, or other Sections of this Act
“(2) No funds ’authorized to be appropriated under this section may be used to
bring individual sources of cOfitaminatlon “to compliance
‘(h) Each State shall make every reasonable effort to implement the State plan
under this section within two years of its adoption With 0 two years after the ap-
proval of each State plan under this section, each State shall submit to the Adminis-
trator a Status report describing the State’s progress in implementing ihe plan
“(if Each Federal agency conducting or supporting an activity affecting a critical
recharge area identified in a ground water protection plan approved under this sec-
tion shall conduct or support those activities in a manner which is consistent with
the approved plan
r
C - 0467
f ,R.RE P.No,
G\ 4-i-
“2. k Se - I A -- O
Pu
l ,d# (
-------
Y ,-r -t J w -
R, No, 2- IO
00 046E
Section 203
Groundwater contamination is a nationwide problem A signifi-
cant portion of the nation’s groundwater supplies, upon which half
the U S. population depends for drinking water, are contaminated
with industrial chemicals and pesticides. According to a 1982
report by the Office of Technology Assessment (OTA), 29 percent of
the underground drinking water supplies of 954 United States
cities with populations over 10,000 are contaminated 20
In June, 1982, EPA’s Office of Drinking Water published- its
survey of groundwater contamination from synthetic organic
chemicals. Widespread contamination of groundwater was found in
both large and small systems. In addition, a January, 1981, Council
of Environmental Quality study also showed that major ground-
water contamination problems in many States were caused by
synthetic organic chemicals resulting from industrial and manufac-
turing processes. According to the study, major contamination prob-
lems exist in at least thirty-four and possibly as many as forty
States. 21
Section 1443A(c) establishes the administrative procedure for ap-
proval and disapproval of State plans This program is intended to
rectify problems in the current groundwater protection effort iden-
tified in the EPA’s August 1984 Groundwater Protection Strategy.
In that document EPA concluded that:
Since these Federal statutes were enacted at various
times for seperate purposes, inconsistency developed in
EPA’s regulations and in the decisions made under them
While these differences are often necessary and reasona-
ble, there are a number that appear to hinder a cohesive
approach to groundwater protection. Improving harmony
among EPA’s programs for ground-water protection is an
important need, since inconsistency in such matters leads
to confusion and less effective protection than if roles, re-
quirements, and responsibilities are clear and consistent. 22
-------
000469
This provision is structured to afford States maximum flexibility
in formulating a sensible strategy to protect public health from
groundwater contamination EPA is expected to approve a State’s
plan unless it clearly does not meet the requirements of this provi-
sion. The Committee emphasizes that this requirement in no way
preempts ongoing State activities and responsibilities in the area of
water planning, water rights, or water distribution. This planning
requirement is intended to complement ongoing State efforts which
are consistent with the goal of protecting the public health from
groundwater contamination The Committee intends that this pro-
gram will increase coordination and fill in the gaps among Federal
and States programs so as to protect groundwater.
Minimum requiremen for each State plan include:
(1) Specification of the lead agency which has responsibility
for implementing the plan and a demonstration that the
agency has adequate legal authority and financial resources to
perform this function;
(2) Identification of each underground source of drinking
water in the State and an assessment which describes for each
source, the quantity and quality of water which it contains, its
flow patterns and critical recharge zones, and its known and
potential Sources of contaminatjon•
(3) A description of the location and types of humanS develop-
ment which affect each underground source of drinking water
and the types of development which can occur without result-
ing in the degradation of such sources;
(4) A set of regulations and other measures which the State
will implement under the plan, including the establishment of
best management practices (BPMs) for categories or subcate-
gories of activities that may contaminate drinking water
sources; and
(5) A guarantee or provision for an alternative drinking water
supply when an underground source of drinking water is con-
taminated so as to adversely affect the health of persons.
In developing the plan, the State may categorize aquifers and, as-
suring the protection of public health, afford different levels of pro-
tection to different aquifers, based on quality and uses of the aqui-
fer concerned.
To encourage the public to participate in developing the ground-
water protection plan, each State is to establish procedures which
include technical and citizen’s advisory committees.
Within 9 months after receipt of a proposed plan, the Adminis-
trator is to approve the plan unless he determines that the plan or
portion thereof is inadequate to meet the requirements of this sec-
tion If the Administrator determines that a proposed State plan or
any portion thereof is inadequate, he is to submit a written state-
ment of the reasons for his determination to the Governor of the
State within thirty days from the date of such determination of in-
adequacy.
Within six months after receipt of the Administrator’s written
notice that any proposed plan or portion thereof is inadequate, the
State must modify the plan based upon the recommendations of
the Administrator and resubmit the modified plan to the Adniinis-
trator The Administrator is to approve or disapprove the modified
-------
00047Q
plan within ninety days of receipt. If the Administrator disap-
proves the modification, the State must submit a second modifica-
tion within forty-five days of the disapproyal. The Administrator is
to approve or disapprove the second modification within forty-five
days of receipt
Section 1443A(d) provides that the duties of the States and the
Administration set forth in this section are to be treated as “require-
ments prescribed under this title” for purposes of section 1449, the
cittzen’s civil action provision of the Act.
To compel State and Federal compliance with this section, no
State exercising primary enforcement responsibility under section
1422 for a State underground injection control program may re-
ceive any assistance under the Act for purposes of that program if
the State has not complied with the requiremen of this section of
is any portion of a State plan has not been approved by the Ada -un-
istrator before the expiration of the periods specified in this sec-
tion
Section 1443A(e) specifies that in each State in which oil or natural
gas recovery or production occurs, the State plan, consistent with the
underground injection requiremen of part C, the Solid Waste
Disposal Act, and the Federal Water Pollution Control Act, is to
protect underground sources of drinking water from brine Contami-
nation which may adversely affect public health and which is
associated with the recovery of oil and natural gas.
Section 1443A(f) defines the critical term “underground sources of
drinking water” to mean underground water which: (1) supplies
drinking water for any public water system; (2) is reasonably capable
of supplying drinking water for any public water system; or (3) may
be capable of supplying drinking water for a public water system if
such system utilized technologically advanced treatment which has
been commercially demonstrated to be economically feasible
Section 1443A(g) provides that no funds authorized to be appropri-
ated under this section may be used to support activities authorized
by the Federal Water Pollution Control Act, the Solid Waste Dispos-
al Act, the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, or other sections of this Act In addition, no
funds authorized to be appropriated under this section can be used to
bring individual sources of contamination into compliance.
Section 1443A(h) requires that each State is to make every reason-
able effort to implement the State plan under this section within two
years of its adoption. The Committee intends that a “reasonable
effort” is one which will achieve implementation of the State plan
within the two-year period except in tne most extraordinary Circum-
stances. The Administrator should withdraw funding if the State
fails to make reasonable efforts to implement an approved plan.!
With in two years after the approval of each State plan under this
section, each State is to submit to the Administrator a status report
describing the State’s progress in Implementing the plan
Section 1443A(i) requires that each Federal agency conducting or
supporting an activity affecting a critical recharge area identified
in a groundwater prot&tion plan approved under this section is to
conduct or support these activities in a manner which is consistent p -
with the approved plan.
-------
000471
A -
C - . 1 2c4 1’ ’ -).
13 STATE PLANS TO PROTECT UNDERGROUND SOURCES OF
14 DRINKING WATER
15 SEC. 203. The Safe Drinking Water Act is amended by
16 adding the following new section after section 443:
17 “STATE-PLANS TO PROTECT UNDERGROUND SOURCES OF
18 DRINKING WATER
19 “SEc. 1443A. (a) After notice and opportunity for
20 public hcarh g and within 36 months after the date of the
21 enactment of this sectioii, each Sta to shall adopt and subiiiit
22 to the Admi istr itoi• a comprehensive State phin to protect
23 underground Sources of drinking water from cont:unina tion
24 that may adversely affect thc health of persons. Each State
25 plan under this section shall, at a inin muin—
-------
oi -t- c L
000472
1 “(1) specify the lead agency wnicn nas responsi-
2 biity for implementing thë plan and demonstrate that
3 this agency has adequate legal authority and financial
4 resources to perform this function;
5 “(2) identify each underground source of drinking
6 water in the State and perform an assessment which
7 describes, for each such source, the quality and quanti-
8 ty. of water which it contains, its flow patterns and
9 ciitical recharge zones, and its known and potential
10 sources of contamination;
11 “(3) describe for each underground source of
12 drinking water identified pursuant to paragraph (2) the•
13 location and types of human development which affect
14 the source and the types of such development which
15 can occur without resulting in the degradation of such
16 sources;
17 “(4) set out the regulations and other measures
18 which the State will implement under the plan, includ-
19 ing the establishment of best management practices
20 (BPMs) for categories or subcategories of activities that
21 may contaminate underground drinking water Sources;
22 and
23 - “(5) guarantee or provide for an alternative drink-
24 ing water stipply when an underground source of
-------
t;c 1 çc 1 A J oc,LLkL cU
000.4 74i
F ’
1 drinking water is contaminated so as to adversely
2 affect the health of persons.
3 In developing the State plan -the State may categorize
4 aquifers and, assuring the protection of public h alth, afford
5 different levels of protection to different a uifeis, based on
6 quality and uses of the aquifer concerned. Nothing in this
7 section shall require the Administrator to promulgate regula-
8 tions under this section.
9 “(b) To the maximum extent possible, each State shall
10 establish procedures, including but not limited to the estab-
11 lishment of technical and citizens’ advisory committees to en-
12 courage the public to participate in developing the ground
13 water protection plan.
14 “(c)(1) Within 9 months after receipt of a proposed plan
15 submitted as specified in subsection (a), the Administrator
16 shall approve the plan unless he determines that the plan or
17 any portion thereof is inadequate to meet the requirements of
18 this section. If the Administrator determines that a proposed
19 State plan or any portion thereof is inadequate, he shall
20 submit a written statement of the reasons for his determina-
21 tion to the Governor of the State within 30 days from the
22 date of such determination of inadequacy.
23 “(2) Within 6 months after receipt of the Administra-
24 tor’s written notice under paragraph (1) that any proposed
25 State plan, or portion thereof, is inadequate, the State shall
-------
000474
1 modify the plan based upon the recommendations of the Ad-
2 ministrator and resubmit the modified plan to the Administra-
3 tor. The Administrator shall appró e or disapprove the modi-
4 fled plan within 90 days of his receipt thereof. If the Admin-
5 istrator disapproves the modification within such period, the
6 State shall submit a second modification within 45 days. The
7 Administrator shall approve or disapprove the second modifi-
8 cation within 45 days of his receipt of the second modifica-
9 tion.
10 “(d)(1) The duties of States and the Administrator set
11 forth in this section shall be treated as ‘requirements pre-
12 scribed under this title’ for purposes of section 1449.
13 “(2) No State exercising primary enforcement responsi-
14 bility under section 1422 for a State underground injection
15 control program may receive any assistance under this Act
16 for purposes of such program if the State has not complied
17 with the requirements of subsections (a), (b), and (c) of this
18 subsection or if any portion of a State plan has not been
19 approved by the Administrator before the expiration of the
20 periods specified in subsection (c).
21 “(e) In the case of each S atc in which oil or natural gas
22 exploration Occurs, the State plan under this section, consist-
23 ent with the underground injection requirements of part C,
24 the •requirements of the Solid Waste Disposal Act, and the
25 requirements of the Federal Water Pollution Control Act
-------
000475
1 shall protect underground sources of - drinking water from
2 brine contamination which may adversely affect public health p
3 and which is associated with th p rôductjon or recover of oil
4 and natural gas.
5 “(f) As used in this section, the term ‘underground
6 source of drinking water’ means underground water which—
7 “(1) supplies drinking water for any public water
8 system;
9 “(2) is reasonably capable of supplying drinking
10 water for any public water system; or
11 “(3) may be capable of supplying drinking water
12 for a public water system if such system utilized tech-
13 nologicallv advanced treatment which has been corn-
14 merciaflv demonstrated to be economically feasible.
15 “(,g)(1) No funds authorized to be appropriated under
16 this section may be used to support activities authorized by
17 the Federal Water Pollution Control Act, the Solid Waste
18 Disposal Act, the Comprehensive Environmental Response,
19 Compensation, and Liability Act of 1980, or other sections of
20 this Act.
21 “(2) No funds authorized to be appropriated under this
22 section may be used to bring indivi’luaI sources of contamina-
23 tion into compliance.
24 “(h) Each State shall make every reasonable effort to
25 implement the State plan under this section within two years
-------
4 A t L O A L(C OOO 76
2. )
1 of its adoption. Within two years after the approval of each
2 State plan under this section, each State shall submit to the
3 Administrator a status report describing the State’s progress
4 in implementing the plan.
5 “(i) Each Federal agency conducting or supporting an
6 activity affecting a critical recharge area identified in a
7 ground water protection plan approved under this section
8 shall conduct or support those activities in a manner which is
9 consistent with the approved plan.”.
-------
32 .o° iA- - i.. Ciqg 3 )
11 STATE PLANB TO PROTECT UNDEROEOUND SUPPLIES OP
12 DRINKING WATER
13 SEc. 206. Section 14.43 ii amended by iedesignating 0 0 0 4 7 7
14 subsection (c) as (d) and by insurting,tho following new sub-
15 section after subsection (b):
16 “(cR1) Each State may develop and submit to the Ad-
17 miniatrator a plan under this subsection to protect under-
18 ground drinking water sources. A plan under this subsection
19 shall—
20 “(A) identify underground drinking water sources;
21 “(B) identify any activities which may be adverse-
22 ly affecting underground drinking water sources; and
23 . “(C) develop a program to adequately protect
24 such undergrouiid drinking water Bourcos.
“(2) Upon application by any State, the Administrator
2 may— -
2 “(A) provide technical assistance documents; and
4 “(II) make grants
5 to the States to assist time States in the development of plans
6 under paragraph (1).
7 “(3) In taking any action which may affect any under-
8 ground source of drinking water in a State having a State
9 plan approved under this subsection, the Administrator shall
10 coordinate such action with the applicable provisions of the
11 State program referred to in paragraph (1)(C).”.
DISI’O AL OP IJH NE
2 SEc. 202. (a) VR0 IIIIjJTION.—Ef(cctjve six months
3 alter the datc of the enactment of this Act 1 section
4 1421(1I)(1) is amended by inserting the following new oubpar-
5 agraph alter subparagraph (B) and redesignating subpara.
6 graphs (C) though (I ) as (D) through (E) respectively:
7 “(C) shall prohibit the disposal of brine brought to
8 tIme Surface in connection with oil by any means other
9 than underground injection in compliance with this
10 Act;”.
-------
000478
5D
TITLE II1—GENERAJJ PROVISIONS
SEC 301. ALThORIZATION OF APPROPRIATIONS f I C. ‘4 iC
(a) TECHNICAL ASSISTANCE AND EMERGENCY GRANTS —Section ,.
1442(f) of the Safe Drinking Water Act is amended by Inserting the ‘ ‘ ‘ ? 4
following at the end thereof: “There are authorized to be appro- ._ - ..
priated to carry out subsection (aX2 B) not more than the following H t .
amounts: ‘2.
‘Ftscal year
1987 7,650 000
1988 . . 7.650000
1989 . . . 8.O300 O
1990 .. .. .. .. . 8 0 , 0 0oo
1991.. .. - . . .. . . ..
There are authorized to be appropriated to carry out the provisions
of this section (other than subsection ig). subsection ax2 B. and
provisions relating to research), not more than the follo ing
amounts
F cal .ear 4..
1’l . .
-------
38.020.000
19k) 38.020.000
1891..__.-....- .-. 38.020.000”.
r (b) StAT! SupERvisioN PRooa Ma.—Section 1443(aX7) of the Safe
rinking Water Act is amended by adding at the end thereof: “For
the purposes of rnRking grants under paragraph (1) there are au
thonzed to be appropriated not more than the following amounts:
“Fi-.s J year A ’. . ,us
1987 837.200.000
1988 37.2 0 0.oo O
1989 .. . 40.150.00
1990 .. 40,150.000
1991 40.150.000”.
(C) UNDERGROUND WATER Souacz PROTECTioN PROGRAM.—SectiOn
1443(bX5) of the Safe Drinking Water Act is amended by adding the
following at the end thereof: “For the purpose of niiiking grants
under paragraph (1) there are authorized to be appropriated not
more than the following amounts:
“Fi ca1 year
1987 . 819.700.000
1988 19.700.000
1989 20.850,000
1990. 20,850.000
1991 20.8.50.000”
(d) Ex ’ri ’ s1oN OF Au’rHoarrY.—Section 1441(f) of the Safe Drink-
ing Water Act is amended by striking out “in effect” and all that
follows and substituting “in effect for more than one year”.
(e) PROTECTION OF WELLHZAD AREAS.—Sectlon 1428 of the Safe
Dnnking Water Act, as added by section 205 of this Act, is amended
by adding the following new subsection at the end thereof:
“(k) AUTHORIZATION OF APPROPRIATIONS —Unless the State pro-
gram is disapproved under this section. the Administrator shall
make grants to the State for not lees than 50 or more than 90
percent of the costs incurred by a State (as determined by the
Adnunistrator) in developing and implementing each State program
under this section. For purposes of making such grants there i.a
authon.zed to be appropriated not more than the following amounts:
“Ft ca1 year
198 . 820.000.000
1988 20,000.000
1989 . .. 35.000.000
1990 35000.000
1991 .. 35,000,000”.
(f) PROTECTiON OF SOLE OR PRINCIPAL SOURCE GROUND WATER
RECHARGE Aai s —Section 1427 of the Safe Drinking Water Act, as
added by this t, is amended by adding the following new subsec-
tion at the end thereof:
“in) AUTHORIZATION —There are authorized to be appropriated to
carry out this section not more than the following amounts:
Matching grants under thLs section ma’ a!so be used to implement
or update an o..iter qua!lt management plan for a sole or principal
source aquif - iopr( d before the date ot the enactment of this
by the Administrator under section 208 of the Federal
TAter Pollution Control Act.”.
4 rz) T NICAL AS81STANC POE S tu.. Sys,t s.—Section 1442(g) of
‘tf 8s(e Drinking Water Act, as added by section 107 of this Act, is
amended by adding th foUowing at the end thereof: “There are
authon.zed to be appropriated to carry out this subsection
$10,000,000 for each of the fiscal years 198’? through 1991. Not less
than the greater of—
“(1) 3 percent of the amounts appropriated under this subsec-
tion, or
“(2) $280,000
shall be utilized for technical assistance to public water systems
owned or operated by Indian tribes.”.
(h) MoNrroaziro FOR UNRZGULATED CONTAMINA .NTS.—SectiOn
1445(a) of the Safe Drinking Water Act, as amended by section 106 of
this Act, is further amended by adding the following new paragraph
at the end thereof:
“(8) There are authorized to be appropriated $30,000,000 in
the fiscal year ending September 30, 1987 to remain available
t , t rrv nut the orovisinnq nf this RUbeeCtIOfl.”.
S iA
c$ . ’r - -LAA t
5-rA ’t
Jp r i lclc,I ’4
P(o&I \ t’1
000479
UNC .GROU NC:
\ ) /A\ i E
-r Xt ioN
IA, , M
czc ‘R.’ kfloN
L 1 ( i a
c:ic.
C c .Q ;. P)” T0.R
Ak AS .
- ‘fcc. ‘“i4C/i L
.1 ‘ i . . .)c_ _
SNA\LL
1. E
..—, ,. ‘ ‘a
f.i ,. , ‘ —‘ . t ’ —
“F ecai year
1987
1988
1989
1990
l9 I
A,no...nt
810000000
15.000.000
17.500 000
17, 500,000
17 501)000
-------
000480
it
LON(I., k-e tio I AssA& Of
CORCTH NI.
C. -i
JL v - - -L I
CORRECTING TECHNICAL
ERRORS IN ENROLLMENT OF
S 124. SAFE DRINKING WATER
AMENDMENTS OF 1985
Mr. WAXMAN. Mr Speaker. I ask
unanimous consent for the immediate
consideration of the concurrent reso-
lution (H. Con. Res 346) to correct
technical errors in the enrollment of
the bill S. 124.
The Clerk read the title of the con-
current resolution
The SPEAKER pro tenipore (Mr
MRAZEX. Is there objection to the re-
qLest of the gentleman from Califor-
nia ’
Mr. LENT, Reservtng the right to
object, Mr. Speaker, and I will not
object. I just want to confirm from the
gentleman from California that the
Concurrent resolution merely correct,s
three technical errors In the Senate
bW, S. 124. the Safe Drinking Water
Act Amendments of 1986, which re-
cently passed this body
I yield to the gentleman from Cali-
fornia.
Mr WAXMAN Mr Speaker, the
gentleman is correct.
Mr LENT And these errors that are
being corrected ha e to do with sec-
tion referencrs entirely, am I correct’
Mr WAXMAN That is correct
Mr LENT Mr. Speaker. I ithdraw
my resen atlori of objection
The SPEAKER pro tempore Is
there objection to the request of the
gentleman from CalIfornia’
There v .as no objection
The Clerk read the concurrent reso-
— sJo’l
___,___v
,. - tTh in the enrollment of the bill S 124. I r i o
I the Clerk of the 3enate shall make the (01 __________
f Ic ing eorrec iors \
Cl) in se ion(lOHb 1 in the amendment
adding a ne Iertioh 1412(b)8. strike
1451 and Insert L4I5’ --.,.
2 I’i section IOl(c 4).’strike 1420(ef
and iri. ert 14
(3) In section 301(ht. strike sectIon 6
I and Insert section 106”
The SPEAKER pro tempore The
quest t is on the concurrent resolu-
tion
The concurrent resolution was
agreed to
A motion to reconsider aa.s laid on
the table.
-------
777LE HI—GENERAL PROVISIONS
SEC. 391. A LrrHOpJzA flON OF APPROPPJA T!0N5
(a) TRCHNIC4L ASSISTANCE AND EMERGENCY
1442(/7 of the Safe Drinking Water Act is amended by Lrz.sertzrig the
following at the end thereof du ere are authorized to be appropn.
ated to cariy out subsection (aX2XB) not more than the following
amounts:
1987 ... _________ . ... . .. ... . .. $Z 650. Kx
1988..______________________ 7,6S0,c y
1989 . , ,___ _ _ 80S0,
_________ . ... 8,030,000
1991 ,______ 8 050,QiJ0
There are authori d to be appropriated to cariy out the provisions
of this section (other than subsection ( subsection (aX2XB) and
provisions relating to research), not more than the following
amount& ’
1987 __....... $SS,6&2 0 0o
1988.. , ._
1989.. __•• 38,020,000
_________
1991.
(b) STATE SUPERVISION PROGP .AAIS.__&ctwn 14.4 S(oX7) of the Safe
Drinking Water Act is amended by adding at the end thereof “For
the purposes of making grants under paragraph (3) there are author-
ized to be appropriated not more than the following amounts:
J987.
J988__ ———-..,—..
1989 40 ,150,
19X _•___• ,• 40,15O,
J991 -—— —- - —...-—...-. -.- .. 40,150 , ”
(c) UNDERGROUND WA TER SOURCE PROTECTiON PROG&uf,—.&c.
tion 144J(bX5) of the Safe Drinking Water Act is amended by’
adding the following at the end thereof “For the purpose of making
grants under paragraph (1) there are authorz2ed to be appropriated
not more than the following amounts:
1987 — -- .-— , - —
19, 700, w
1989 — __ . • 10, 850.
19PO..._ 1 850.(Kx) I
J99J 10,850 , ”
4 000481
a j_Lf9
F
-------
000482
(d) EXTENSION oFAirrHopJTy tion 1441(/) of the Safe Drink.
ing Water Act is amended by strikuig ŕut “in effect” and all that
follows and substituting “in effect for more than one year’ o
(e) PROTECTION OF WE .LLHEAD Ap ’.. s.—S tio 1428 of the Safe r
Thinking Water Act, as added by section 205 of this Act, is amended
by adding the following new subsection at the end thereof:
‘Yk) AurHopJZ.A TION OF APPROPR.L4 TIONS.—Unj the State pro-
gram is disapproved under this section, the Administrator shall
make grants to the State for not less thzěz 50 or more than 90 per-
cent of the costs incurred by a State (as determined by the Adminzs.
trutor) in developing and implementing each State program under
this section, For purposes of making such grants there is authorized
to be approprzate(j not more than the following amounts:
1987 _____ _____ $2QOOaO Oo
1988 ...... ... ... . _.
1989 ... . J5,00c ooo
J9S0.. .. .• _• • •
1991 ... _••_••••_ J5,00C (xxr:
(j9 PROTECTION OF SOLE OR PRINCIPAL SOURCE GROUND WA TER
RECHARGE ARF s.—Sect ion 1427 of the Safe Drinking Water Act, as
,added by this Act, is amended by adding the following new subsec-
tion at the end thereof:
“(n) AUrHORIz TJoN_. re are authorized to be appropriated to
carry out this section not more than the following amounts:
“F iz ccl year -
1987 •. -.-.. - ----. -. $JO.rI o,ooo
1988 . —.. . -....
1989 ...-..--—.---..--.- - .-.-—-. i .sc i.ooo
1990 .... . . _ . . 17.5cx. o
1991 _ ._ -..--.—- . --.---.--—..--. . --.-—-—---..-.-
Matching grunts under this section may also be used to implement I
or update any water quality management plan for a sole or princi-
pal source aquifer approved (before the date of the enactment of this
section) by the Administrator under section .208 of the Federal
Water Pollution Control Act.’:
(g) T CHNIcAL ASSISTANCE FOR SMALL SYSTEMS.—&Ct On l4.4 2 (g)
of the Safe Drinking Water Act, as added by section 107 of this Act,
is amended by adding the following at the end thereof: “There are
authorized to be approprioted to carry out this subsection
$10,000,0(y) for each of the fiscal years 1987 through 1991. Not less
than the greater of-.-
“(1) 3 percent of the amounts approprioted under this subsec-
tion, or
“(2) 6280,0 (X)
shall be utilized for technical assistance to public water s tems
owned or operated by Indian tribes. ‘
(lz) MONITORING FOR UNREGUL4 TED CONTAMINANTS. —Section
1445(o) of the Safe Drinking Water Act, as amended by section 6’ of
this Act, is further. , me d by adding the following new para-
graph at the end thereof:
“(8) There are authorized to be appropriated $S0,00a 000 in
the fiscal year ending September 80, 1987 to remavi available
until pended to carry out the pmviszo,is of this subsection.’.
-------
000483
2-
24
TITLZ I11—GZNKRAL PROVISIONS
8Ec’rIoN 3O1—AtJ O L& ON OF APPROPRL4TIONS
to carry out the responsibilities under the Safe Drinking Water Act
during fiscal years 1986, 1987, 1988, 1989, and 1990.
House amendrnent .—The House amendment authorizes the ap-
Senate bilL—The Senate bill authorizes appropriations of funds ‘
propriatioj] of funds to carry out the responsibilities under the Safe
Drinking Water Act during fiscal years 1986, 1987, 1988, and 1989.
Conference agreenzent.—The Conference agreement on authoriza..
tion of appropriations for fiscal years 1987 through 1991 is set forth
in the following table:
AUTHORILAPON LEVELS
—
1W I I 19fl i9 t I
(n rercyrr (S. I 4 12(a)(2)(B)) 715 765 *02 *02 *02 1•
(S. l442(t)_ 356 3&6 3*01 3*02 3*02
T w tx (S. 1 2(g)) 10.0 100 100 100 100
Sbta ri r ia (S. t43( )(7.._ — 31.2 371 4015 40.15 4015
U0P o*rr, (S._1443(b)(5)) 197 191 2085 2085 2085
200 200 350 350 330
300 ______________
-------
c p W c€ - 01
i , R . H 9o -9 (c( , I I
TI 1 L rfl—Q Ep PROVISIONS
SEt ot Atmnjtyz fl’% l APPaOpR1Afll).
(8) Ipi OENTR L_SectfOo 14421!) of the
Safe DrInki g Water Act te amended by in- 2 1 5
letting th fo1lo ing at the end thereof:
There aze atzthor d to be appr r a o tŘ i
earr7 oet sebeectj (&,(2 (2). *4.OQO O$0 fri
the fi.scal year 1986 4.00 .0 (or the ft s.Z
year 1987. 84.800 008 for the f 1 year
1988. and Ł4 .800.090 for the fiacal vw 1.989
There are author-tzed to be a ropnaLed to
carry out the proviyio of this section
(Other thi.n ubaec . (g) subsect Ion
(8X2x8) . and proviz og relM )nq to te-
* _ioo. for tbe Lt J )‘ r 19*4.
829.200,000 (or the fbeal year jg T
821 440 40* for the ftseai ye r 191B, and
$70440040 fri the f e l yeri 1 8P
(b) Stayt 8vi. v tsio Paoqajiws —8eet1 n
1443( 51(7 ) of the Safe DI*dt g Waler Act is
by add g e * the end
tt L ‘Fri the purp of ans g
g .z -apts (1) th e are atfl i Co
be 12L40&800 fri the i
year 1914. $ 450 00$ for the (IaeIA ye ,!
1917. 335.140.910 f 4M f a4 198$.
and *z& o@ for (ts i r 1991”.
(c i WAIŕ So Pnotw
T’O P .as —Section 1443 bji 5 c the
Safe Drtn ing Water Aa arentied by
addmg the fo1J ing at the thereof
Fcr U ir of ma& gr n r
Par*gra ( .1) there ue uiUssri i to be ap•
prCIr IL $1 Lf0I.060 for the fiscal pe ar
1985. 311 080S ki the f a year 1.987
813.700.900 for the hecal y 1988. aM
813.700 000 for the ftec*i ye 1359.”.
(d i Ezyy atr or Au r1watyy._ ion
1441(f) of the Safe Drinking Water Act is
amen d by atnluog out “in effect” and all
that follows and au nItu ng effect for
more than one year
(C) Pnor rtoj or Sooacts
0? DRLXKX 1G Wa—S , 144.3A of the
Sa.fe Dnnkmg Water Act. .g added o this
Act. a ded by ac the following
w uba uos at the ci..) i. ereof
. (J) Aumoa ji or AP?ROPRL&11ONS._
Upon the approval of any State plan under
this section. the Adxmmstrau,r stint! make
grants to the State for 50 percent of the
costs uicnrre by a State (as etcimmed by
the Administ ra rj U i develo mg and irriple-
meriting a State plan under t is sectaon. For
purposes of makrng svcti gra’.ts there is au-
thorized to be approp.-iated .ot more thAn
120000 000 for each of the teal )ears 1986
and 1987 and S35 000000 br each of the
fiscal ,ears 1988 and 1&8u
(11 Paorwi:o a, 50 14 05 PRINCIPAL
Sot.ecz G oc ca WAT i ecHA8CE AREAS.—
Section 1428 of the Safe Drinking Water
Act. a.s added by this Act, is amended hI
adding the folloang new suinecejon a.t the
end thereof
( I l Atrrttc,ajz.criop —
1 Davaz.orME ct —There are auIh rized
to be appropriated for graot.s for develop-
merit of p lan .s under this section. 83.000 000
for cacti of the fiscal )ears 1.986 and 1987
and 55 000 000 for each of the ti.scaj years
1988 and 1989
(2 ZM?Lz ENTAy —There are author
hed to be appropriated for grarn.s to tmp(e-
ment plarjs undr this section 87 000 000 for
each i,f the fiscal eay-a 1986 and 1987 arid
$10 000 000 for each of the fiscal years 19d6
and 1989 Islatthicig grants under this see
tto may aLso ne used to implement or
Update any aater Quality management plan
for a sole or principal source aquijer ap-
Probed lbef os- c the date of the enacunent of
th& section, u the Adrn ti- Lor under
section 208 of tie Federal Water Pollution’
Control Act
-------
I 6 0 - \
14k . 1
000485
TITLE 111—GENERAL PROVISIONS
SEC 301 41ThORIZA11Oi i OF APPROPRIATION&
(a) IN GENERAL—SectIOn 1442(f) of the Safe Drinking Water Act is amended by
inserting the following at the end thereof “There are authorized to be appropriated
to carry out subsection (aX2KB), $4,000,000 for the fiscal year 1986, $4.000,000 for the
fiscal year 1987, $4,800,000 for the fiscal year 1988, and $4,800,000 for the fiscal year
1989 There are authorized to be appropriated to carry out the provisions of this sec-
tion (other than subsection (g), subsection (8X2XB), and provisions relating to re-
search), $29,200,000 for the fiscal year 1986. $29,200,000 for the fiscal year 1987,
$29,040,000 for the fiscal year 1988. and Ł29,040,000 for the fiscal year 1989”
(b) STATE SUPERV1 ON PROGRAMS,—Section l443(aX7) of the Safe Drinking Water
Act is amended by adding the following at the end thereof “For the purposes of
making grants under paragraph (1) there are authonzed to be appropriated
$29,400,000 for the fiscal year 1986. $29,400,000 for the fiscal year 1987, 435,300,000
for the fiscal year 1988, and $35,300,000 for the fiscal year 1989
(C) UNDERGROU ND WATER SOURCE PROTECTION Pitocit, ,i —Section 1443(b 5) of the
Safe Drinking Water Act is amended by adding the following at the end thereof
“For the purp e of making grants under paragraph (1) there are authorized to be
appropriated Ł11,400,000 for the fiscal year 1986, $11,400,000 for the year 1987,
$13,700,000 for the fiscaj year 1988, and $13,700,000 for the fiscal year 1989”
(d) ExTr 5ioN 0p Aumoajy,—& on 1441(f) of the Safe Drinking Water Act is
amended by stnking out “in effect” and all that follows and substituting “in effect
for more than one year “.
(e) PROTECTION 07 UNDRRCROUND SOURCF.S 0? DRINKiNG WA ’raa ,—Sect lon 1443A of
the Safe Drinking Water Act, as added by this Act, is amended by adding the follow-
ing new subsection at the end thereof:
“j) AUTHOIUZATION oi AppRQpftL TIoNS —Upon the approval of any State plan
under this section, the Achmnjstra r shall make grants to the State for 50 percent
of the costs incurred by a State (as determined by the Administrator) in developing
and implementing a State plan under this section For purp ea of making such
grants there is authorized to be appropriated not more than 420,000,000 for each of
the fiscal years 1986 and 1987 and Ł35,000,000 for each of the fiscal years 1988 and
1989”
U) PROTECTION 07 SOLE OR PRINCIPAL SOulicE GROUND WATER REcit RGg AREAS —
Section 1428 of the Safe Drinking Water Act, as added by this Act, is amended by
adding the following new subsection at the end thereof,
‘(i) AU’THORIZATION.—
‘tI) DEVELOPMENT —There are authorized to be appropriated for grants for
development of plans under this section, 33000,000 for each of the fiscal years
1986 and [ 987 and Ł5,000,000 for each of the fiscal years 1988 and 1989
(‘2) IMPLEMENTATION —There are authorized to be appropriated for grants to
implement plans under this section 37,000.000 for each of the r al years 195I
and 1987 and Ł10,000,000 for each of rhe fiscal years 1988 and 1989 Matching
grants under this section may also be used to implement or update any Water
quality management plan for a sole or principal source aquifer approved betore
the date of the enactment of this section by the Administrator under section
208 of the Federal Water Pollution Control Act
-------
000486
I’ k Li i, - . ?)G I
‘.i riw ’ i ‘. ‘ ‘‘ ‘°
O c\ S, ‘ )
\ A .k-t.. --u-i
TITLE III AIJTHORIZATION OF APPROPRIAflONS
Section SO!
Section 301 provides for the general authorization of appropria.
tions for the Safe Drinking Water Act. The Act authorizes maxi-
mum levels of appropriations for enforcement, development of
standards and grants to States.
The bill would authorize appropriations through riscal year 1989
for development and enforcement of standards and aid to States.
The appropriations total $114,000,000 per year for 1986 and 1987,
and Ł142,840,000 per year for 1988 and 1989. Authorized expendi.
•tures for each of these years include: $4,000,000 (1986—1987),
$4,800,000 (1988—1989) to help States alleviate emergency situations
affecting public water supplies; Ł24,200,000 (1986—1987), $29,040,000
(1988—1989), for purposes of carrying out Section 1442 other than
subsection (aX2)(B) and provisions relating to research; $29,400,000
(1986—1987), $35,300,000 (1988—1989), for grants to States to carry
out public water system supervision programs; $11,400,000 (1986—
1987), $13,700,000 (1988-1989) for grants to States to protect under.
ground sources of drinlung water; $20,000,000 (1986—1987),
$35,000,000 (1988—1989) for grants to States to assist in the costs of
developing and implementing groundwater protection plans;
$3,000,000 (1986—1987), $5,000,000 (1988—1989) for grants to States to
assist in the development of sole source aquifer protection plans,
and $7,000,000 (1986—1987), $10,000,000 (1988—1989) to States to
assist in the implemen ti of sole source aquifer protection
plans, and $10,000,000 (1988—1989) for technical assistance to small
systems.
-I ,f - Ci (L
TTftZ!fl ‘- CONS
Section JDl—Auffi ,, ation af .- /
- 1 ._‘ L i L
Studies 8&t1o (14428X3)(fl)).....Si1 3 mu.?
lion per year. fiscal year i988-89. (Li\ k I ‘) ‘ -p,
Technical A58Istance__g . mlil on per
year. fiscal year 1986-89.
State Public Water System Supervthion_
$45 mIiJJon per year. fiscal year 1988—89.
Underground Water Sour POt.io ....
128 millIon per year. fIscal year i986-.89.
Develoomen of State Plane under new
Section 203—150 million (or ttRr y
.1986.-89 -
Develop en of Spec1 Protection Area
Plane under Sec. 204—$1 ) rnhJJjo for ttscaJ
year 1988-89.
Implementation of Specfaj Pro tfo 0
Area PLe. under Sec. 2O4 million for
fiscal year 1988-89k I
-------
1 t2 4 .,i- eL,j’tkc4-- 3o
\ \ C c t- &’ 1 - & ‘4o I
. ‘ lc S)
OENfl , 4 ij,, PROVI8Io
ŁU ’fltoftjzAflole O A?floflLaflorr
Szc. 13. (a) SecUon 1442(f) of the Safe
Th inking Water Act Is amende l by inserting
the followftig at the end thereof. “There are
author1z to be appm l.acod to carry out
subsection (aX 2kB ). (29 600,000 (or the
fiscal year 1985,] *11,300,000 for the fiscal
year 1988. 111.300,000 for the fiscal year
1987. 311 300 000 for the fiscal year 1988.
and 211.300 000 for the fiscal year 1989 and
$11,300 000 for the fiscal year 199Q, There
are authortz d to be appropriated to carry
out the proUs oris of this section (other
than subsection (g), subsection (ax2)(B) ,
and prot -Lalons relating to research),
(242 000,000 for the (Lscaj year 1985.)
$47 000,000 for the fLscaj year 1986.
$47 000 000 for the fLc J year 1987
$47,000,000 for the fiscal year 1988. (and)
347,000 000 for the fis J year 1989 and
4 ?. 000 .000forthef,Jcal year 1990
(b) Section L443( 1(7) of the Sale Drink-
ing Water Act is amended by adding the fot-
loalng at the end thereof ‘For the pur•
poses of making graflc,s under pa.ragrapji (1)
there are author ,e4 to be approprla
[ $40,000,000 for the fiscal year 1985.]
145.000,000 for the flac&J year 1986,
145.000.000 for the fLscaJ year 1987,
$45,000,000 far the fiscal esz 1988, (and]
$45,000,000 for the fiscal year 1989 and
Ł45,000,000 for the /i.acaj year J99Q,”
(C) Seet$o l443bK5) of the Sate Drinking
Wager Act Is a1 ix1ed by adding the follow.
lag at the end thereof, “Far the p4.Irpose of
making grants under para p U) there
are Iuthorlze(j to be &pprog)rj&ted
($25,000,000 for the ft czi year 1985.]
$28 000,000 for the f al year 1986,
*28 000 000 for the fl c I yea, 1967,
$28,000,000 for the f caJ year 19u (&ru ]
*28000,000 for the fIscal year 198* arid
$28,000,000 for the fiscal pear 1990”
(dl SectIon 1441(f) of the Sale Dnnkthg
Water Act La amended by striking out in
effect” and all that follows and substituting
“In effect for more than one year”
000487
C-
-
“Jc. c c 1 _ , (‘ 94J . C,ir)-,r,,.
._j -I
P, —
SECTION 13. Au oaiz. noN OrAp f p flQNs
SUM3 4Ey
Thig section of the bill authorj , appropri tj to be expended
to fulfill existing re6pon,si jjj 1 and new act iviti authorized in
this bill for fiscal years 1986 through 1990. The following a.moun
Act.
are author ed for SPecijiC actjvit under the Safe Drinking Water
Each ftscal year 1986 through I.Q9O
Sec 1442$a 2) (B Tec ,j 8sista. and grants to r poricf to
e ergen situ tions
Sec 14 4 2 f)—Generaj authori tion for Sec l 442 —Re.e ’ch Tech.
nical s8 lSta,flce Information and Training
Sec 144&847) State Program Graz
Sec 1443(b45) State UICGra ts
Total
$11,300,000
47,000,000
45.000,000
28,000,000
131,300,000
D (SCU 8 8ION
The authorized levels of funding reflect additional resource need
for the following activities:
1. scheduled development of national primary drinking
water regulations;
2. erth,anced enforcement of public water system and under-
ground injectjo contrul progra including issuance of adrnin.
istrative orders;
3. issua of varIR Ces and exemptions;
4. development of a monhtori g program for unreguJa con-
tanunants;
5. rulemaking for public notification;
6. development of T. ,TIC monjto
7. increased technjcaJ assistance;
8. study of unregt Ja Class V wells;
9. estab1ishr efl of the sole source aquifer demonst tj 0
program.
Not included in the ear annual authorization in this sectioI2
are Ł10,000,000 per year for technical assistance to smalJ sen
authoriz in Section 8 of the bill, a Ł30,000,000 authori tio for
sniall system monitoring author d in Section 7, and an annual
authoi-i.zation of Ł20,000,000 for four years (FY 1987-1990) for the
sole source aquifer demon ,st t 1 o program,
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-
cE - ( vt j. i j1 t’L. 000488
(v cc).
R ZARC1T, T CiflUCAL ASSISTANCZ, INVORMATION, AND TRAD ING OP
P E8ONN
- S!c. 1442. (aXi)’
S S S S S S S
(0 There are authorized to be appropriated to carry out the pro.
visions of this section, other than subsection (aX2XB) and provisions
relating to research, $15,000,000 for the fiscal year ending June 30,
19’75; S25.000,000 for the fiscal year ending June 30, 1916;
$35.000 ,000 for the fiscal year ending June 30, 1977; $17,000,000 for
each of the fiscal years 1978 and 1919; Ł21,405,000 for the fiscal
year ending September 30, 1980; $30,000,000 for the fiscal year
ending September 30, 1981; and Ł35.000,000 for the fiscal year
ending September 30, 1982. There are authonzed to be appropri.
ated to carry out subsection (aX2XB) $2,000,000 for each of the fiscal
years 1918 through 1982. There are authorized to be appropriated to
carry out subsection (aX2XB), V1.S00,()(X) for the fiscal year 1986,
tll,s00,oc* ) for the fiscal year 1987, $11,800,000 for the fiscal year
1988, and $11,800,000 for the fiscal year 1989 and $11,300,000 for
(lie fiscal year 1990. There are authorized to be appropriated to
carry out the provisions of thi.s section (other than subsection (gA
subsection (aX2XB), and provz8ion2 relating to research), $47,00(ZOtx)
for the fiscal year 1986, $47 ,O00 0 k) for the fiscal year 1987,
$47,000,000 for the fL ical year 1988, $47,000,000 for the fiscal year
1989 and $47,000 ,&X for (/ie fiscal year 1990.
(g) The Administrator is authorized to provide technical assist.
once to small public water systems or water systems of Indian tribal
or cnizations to enabl, such system.$ to achieve and maintain corn-
pliance with national drinking water regulations. Such assistance
may include “cirrujt.rider” pr rams, train eng and preliminary en-
gineering studica. There are authorized to be appropria ted to carry
out this subsection $10,OtY),OCW) for each of the fiscal years 1986
GRANT! 70Z STAT! PaOGL& g 4’ 9
Sc. 1443. (aXi) S
S S S S 5 S S
(7) For the purposes of mnkirtg grants under paragraph (1) there
are authorized to be annroprintod $15,000,000 for the ft ca1 year
ending June 30, 1916, $25,000,000 for the fiscal year ending June
30, 1917, Ł35,000,000 for fiscal year 1978, $45,000,000 for fiscal year
1919, $29,450,000 for the fiscal year ending September 30 1980,
S32.000,000 for the fiscal year ending September , 30, 1981, and
$34,000,000 for the fiscal year ending September 30, 1982. For the
purpc es of making grants under paragraph (1) there are authorized
to be appropriated $45,000,OCi() for the fiscal year 1986, $45,0OC 000
for the fiscal year 1987, $4S 000,o0(j for the fiscal year 1988,
$45,O0C1 000 for the fiscal year 1989 and $45,000,000 for the fiscal
yearlP9 O. 4
(bXl) ‘
S 5 S • S S S
(5) For purposes of mnking grants under paragraph (1) there are
authorized to be anpropri.ated $5,000,000 for the fiscal year ending
June 30, 1976, $7, 00,OOO for the fiscal year endini June 30, 1917,
$10,000,000 for each of the fucal yearn 1918 and 1919. $7,795,000 for
the fiscal year ending September 30, 198&, $18,0O0 0O0 for the fiscal
year ending September 30, 1981, and $21,000,000 for the fiscal year
ending September 30, 1982. For the pur se of making grants under
paragraph (1) there are outh ri.zed to be appropriated $28,000,000
for the fiscal year 1986, $28,0Ck),X. ) for the r i year 1987.
$28.0C 0.0(I) for the fiscal year 1988. $28,000,000 for the fiscal yeur
1989 and S28.(XX),O’Y) for the fiscal year 1.990. I
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000489
p Lf
PART E—GaNKa PROViSIONS
AIjR ,&J,I( 07 AVAfl . EX j .y 07 &DRQUATZ 8TJPPLr 07 CBRMic
NIC 8ARY FOR TRL4TM JT OP
Sac. 1441. (a)’’’
S 5 S I S
(f) No certification of need or order issued under this section
remain (in effect—
((1) for more than one year, or
[ (2) after September 30. 1982
whichever occurs first] in effect for more than one ysar.
RRCORDS AND 1}ISPECTIONS p L/ L7
Sac. 1445. (a) (1) Every person who is a supplier of water, who is
or may be otherwise subject to a primary drinking water regula-
tion prescribed under section 1412 or to an applicable underground
inJ ction control program (as defined in section 1422 (c)), who is or
may be subject to the permit requirement of section 1424 or to an
order issued under section 1441, or who is a grantee, shall establish
and maintain such records, make such reports, conduct such mon.i-
tori.ng, and provide such information as the Administrator may
reasonably require by regulation to assist hun in establishing regu-
latiozia under thu title, in determining whether such person has
acted or is acting in compliance with thia title, in admin tering
any program of fina ,çciaj assistance under this title, in evaluating
the health risks of unregulated cont.amlnRniS or tn advising the
public of such risks.
(2) Not later than 18 rnonth. after date of enactment of the Safe
Drinking Water Act Amendments of 1985. the Administrator shall
promulgate regulatwna for every public water system to conduct a
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000490
monitoring prograriz for unregulated contaminant . ,. Such regula.
lion, shall require monitoring of drinking water supplied by the
system, and shall vary ths frequency and schedule of monitoruig re-
quirement, for systems based on th. number of persons served by the
system, the sow’t e of supply, and the contaminants likely to be
found Each system shall be required to monitor at least once
within 5 ysar of the effective date of such regulation., unless the
Administrator requires more frequent monitoring. ‘
(3) egulations under paragraph (2) shall list unregulaterj con-
taminants for which systems may be required to monitor, and shall
include criteria by which the primary enforcement authority in each
State could show cause for delegation of a contaminant from the
designated list. The primary State enforcement authority may delete
contaminant, for an individual item, in accordance with these
criteria, with an approved assessment of the contaminant, potential-
ly to be found in the system. The Administrator shall approve or
disapprove such an assessment submitted by a State within 90 days.
(4) Public water systems conducting monitoring of unregulated
contaminant., pursuant to this section shall provide the result., of
such monitoring to the prima -j enforternent notification of the
availability of the results of such monitoring to the primary enforce-
ment authority.
(5) Notification of the availability of the results of such monitor-
ing program required under paragraph (2), and notification of the
availability of the result., of the monitoring program referred to in
paragraph (5). shall be gwen to the person.., served by the system and
the Administrator.
(6) The Administrritor may waive the monitoring requirement of
this subsection for a system which has conducted a monitoring pro-
gram after January 1, 1983, if the Administrator determines the
program to have been consistent with the -egulations promulgated
under thi., section.
(7) Any system supplying less than 150 service connections shall be
regarded as complying with this subsection if such system provides
water samples or the opportunity for sampling according to the
rules established by the Administrator. There are authori2ed to be
appropriated 30 ,000 ,O&) in the r z year ending September 30,
1986 to remain availaôle until expended to carry out the provisions
of this subsection.
In requiring a public water system to monitor under this subsec-
tion., the Administrator may take into consideration the system size
and the contaminants likely to be found in the system’s drinking
Water.
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000491
12- + v L’i. .i.’ C- ’2 GE TRAJ. PROVISIONS
AcTHORtZATZQ 0? &P?R0p1jAytO
30 6z 13 cai Section 14421f of the 8 fe
Dnnkmg Water Act I a amended by lr erttng
the foUowmg at the end thereof There are
authorized to be ppropria .ed to carry out
‘2 — subee jo a)(2 B) 29600000 for the f
sear 1985 $11 330 000 for the fiscal year
1988 211300000 for the (Lscaj year 1987
3 C 211 300000 for the tis year tga There
• $11300000 (or the (i.scal year 1968. and
are &utflOr ed to be appropr az .ed to carry
out tne pro o of lh 5e ion (Other
than subsection ‘g subsection (&X2 ) 8 )
- -- - J ’)
a.-ld provisions relatuig to research)
242 000 000 for the fiscal year 1985
$47000000 for the fIs J )‘ear 1988
147000000 for the fiscal }ear 1987
147 000 000 for the seal year 1988 and
147 000 004) (or the fiscal )ear 1989
p • 2 L ibi Sectoc l443ai 7 of me Sale Drink
Lflg V ,ater ct is amenjed by adding the fol.
lo ,ing am me end mne-eof For the our.
poses of ola .kwg ra.ns under parag ’a h 1)
there are authorLzed to be appropriated
$40 000 000 (or the fiscal year 198.5.
145 000 QuO for the fIscal year 1986 I
1-4.5 000000 (or the fiscal year 1981,1
$45 000 000 (or the fiscal year 198.8 and
145 000 000 (or the fiscal year 1989
e Se J 1 443( b) 5) of the Safe Dnnk jj
Water A La a ed by addnig the (oUov
as to Pot t z pc*e all
ma .k .ng *nsa un r ra. rapgj (1) mire 1
are s 1sesj to be a propnate 1
126 000 000 lot Lht lLaeaJ year 198.5
$28000000 for toe fIacal year 1986 I
128000000 for the fiscal year 1987 I
128 000 000 (or the fl year 1988 ..na
8.28.000000 (or the f cal year t9 ’
Idi SectEa l441 f, of the Safe Drtnkdng
W&t .er Act i.mended by tkjay out m
effect and all LhaL foliova and
in e l (ect lot ee mr .o oa sear
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000492
C-v ww , _ 3oI
S, R p,No. 9 -i -( , 4 4 y e) )‘ l4 t-
5’t (Ic 4)
4 PART D—GENERAL PRO VISIONS
U A UTHORJZ.4 TION OF APPROPj?L1TJO VS
6 SEC. 14. Section 1442(’f) of the Safe Drinking
7 Water Act is amended by inserting the following at the end
S thereof: “There are authorized to be appropriated to carry out
O subsection a (2 ’B), $9,600,000 for the fiscal year 1985,
fo $11,300,000 for the fiscal year 1986, $11,300,000 for the
11 fiscal year 1987, $11,300,000 for the fiscal year 1988, and
12 $11,300,000 for the fiscal year 1989. There are au/hzori:ed to
13 he appropriated to carry out the provisions of 1/i is section
14 (‘0/her I/ian subsection (‘g,), subsection (a)(2)(B), and provi-
15 sious relating to research), $42,000,000 for the fiscal year
16 1985, $47,000,000 for the fiscal year 1986, $47,000,000 for
17 the fiscal year 1987, $47,ooo,ooo for the fiscal year 1988,
18 (111(1 $47, 000,000 for i/ic fiscal year 1989.”.
19 b) Section l 4 43 a (7) of the Safe Drinking 1 Va /cr zlct
is amciI(lcd by ( IC/dil l 9 I/l(’ following (ii 1/ic cud i/icicoJ “Por
21 i/ iL’ li i/)Qs ’es of iii u/ ,,iq guy ui/s under pa ia qmp/i (1) thieve a ic
22 (illI/lorl:(’d to /)eTI/)/)ropiuh/( ’d $-lO, 000,000 Joy i/u’ Jisc(1/ 1J(’al’
2:3 1.0&5, $15,000,000 /01 I/ic /iscaf i/Ca l 1,986, $45,000,000 for
2- I I/i c /1Mu 1 ijear 19 7, $-i5,0(}0,000 for i/ ic Jiscul !I(’Oi 1988,
iiu/ -i.,OOO,OOO ) n /ic fi.wul 1/C UP if1 ,9. ’
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000493
1 (c) Section 1443 ) ‘5) of the Safe Drinking Water Act
/ 2 is ame..nded by adding the following at the end t/iereof. “For.
3 the purpose of making grants under paragraph (1) there are
4 authorized to be appropriated $25, 000,000 for the fiscal year
5 1985, $28,000,000 for the fiscal year 1986, $28,000, 000 for
6 the fiscal year 1987, $28,000,000 for the fiscal year 19(98,
7 and $28,000,000 for the fiscal year 1989. “.
8 d) Section 1 441(f) of the Safe Drinking JT 7 atcr Act is
9 amended by striking out “ui effect” and all that follows and
10 subs/iluiiiig “in effect for more 1/ian one year. “.
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C0049 4
S ,1 P 1 Nc, ( ,‘- g, je ii (
\- ILk (
Section 14. Authorzzat ion of approprzation ,s
Section 14 contains general authorizations of appropriations to
support the main provisions of the Safe Drinking Water Act for FY
85 through FY 89 The authority of the Administrator to guarantee
8Upplies of water treatment chemicals in Section 1441(f) of the Act
is also extended in this section. Funds are authorized according to
the following schedule:
—
Incit year 1935 iOSi the, t ,rcaJ year
1989
Sec 1441( 1) (foe snbsection 1442(a) (a) (8)—EPA renponse to emergency situations
alfecting public water systems) _. $9,600,000 $11300000
Sec 1442( 1) (general aathorizat ,on foe Sec. 1442 actIvities) 42000,000 47.000,000
Sec 1443(a) (7) (Slate program grants) — — — 40,000,000 45,000,000
Sec. 1443(b) (5) (State UIC grants) .. . .. . . . . .. — . 25,000,000 28.000,000
Total . .. 116,600,000 131,300,000
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000495
‘ i - 01
ç ‘2 ( 4i )2C Lf)
9 AUTHORIZATION OF APPROPRIATIONS
10 SEC. 12. (a) Section 1442(fl of the Safe Drinking Water p 2
11 Act is amended by inserting the following at the end thereof:
12 “There are authorized to be appropriated to carry out sub-
3 section (a)(2)(B), $9,600,000 for the fiscal year 1984,
14 $9,600,000 for the fiscal year 1085, $11,300,000 for the
15 fiscal year 1986, $11,300,000 for the fiscal year 1987,
16 $11,300,000 for the fiscal year 1988, and $11,300,000 for
17 the fiscal year 1989. There are authorized to be appropriated
18 to carry out the provisions of this section (other than subsec-
19 tion (g), subsection (a)(2)(B), and provisions relating to re-
20 search), $42,000,000 for the fiscal year 1984, $42,000,000
21 for the fiscal year 1985, $47,000,000 for the fiscal year
22 1986, $47,000,000 for the fiscal Year 1987, $47,000,000 for
23 the fiscal year 1988, and $47,000,000 for the fiscal year
24 1989.”.
25 (b) Section 1443(a)(7) of the Sale Drinking Water Act is
26 amended by add ng the following at the end thereof: “For the
-------
°°°496
. 2
1 purposes of making grants under paragraph (1) there are au-
2 thorized to be appropriated $40,000,000 for the fiscal year
3 1984, $40,000,000 for the fiscal year 1985, $45,000,000 for
4 the fiscal year 1986, $45,000,000 for the fiscal year 1987,
5 $45,000,000 for the fiscal year 1988, and $45,000,000 for
6 the fiscal year 1989.”.
7 (c) Section 1443(’b)(5) of the Safe Drinking Water Act is
8 amended by adding the following at the end thereof: “For the
9 purpose of making grants under paragraph (1) there are au-
10 thorized to be appropriated $25,000,000 for the fiscal year
ii 1984, $25,000,000 for the fiscal year 1985, $28,000,000 for
12 the fiscal year 1986, $28,000,000 for the fiscal year 1987,
13 $28,000,000 for the fiscal year 1988, and $28,000,000 for 1
14 the fiscal year 1989.”.
15 (d) Section 1441(1) of the Safe Drinking Water Act is
16 amended by striking out “in effect” and all that follows and
17 substituting “in effect for more than one year.”.
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Oi .A ba-. 4YL’ ‘tI1AJWt C -t ’vVWA.
RCP, • ‘
c. -v -cy
TITLE Ill—GENERAL PROVISIONS — , c i.4)
AUTHORIZATION OP APPROPRIATIONS
SEC 301 (a) IN GENEL L—SeCtion 1442(1) of the Safe Drinking Water Act is
amended by Inserting the following at the end thereof “There are authorized to be 9 7
appropriated to carry out subsection (aX2XB), $11,300,000 for the fiscal , ‘ear 1986,
$11,300,000 for the fiscal year 1987, $11,300,000 for the fiscal year 1988, and
$11,300,000 for the fiscal year 1989 There are authorized to be appropriated to carry
out the provisions of this section (other than subsection (g), subsection (aX2XB), and
provisions relating to research), $47,000,000 for the fiscal year 1986, $47,000,000 for
the fiscal year 1987, $47,000,000 for the fiscal year 1988, and $47,000,000 for the
fiscal year 1989” c) I
(b) STATE SUPERVISION PRooa Ms.—SeCtion 1443(aX7) of the Safe Drinking Water
Act is amended by adding the following at the end thereof “For the purposes of
making grants under paragraph (1) there are authorized to be appropriated
$45,000,000 for the fiscal year 1986, $45,000,000 for the fiscal year 1987, $45,000,000
for the fiscal year 1988, and $45,000,000 for the fiscal year 1989”
(ci UNDERGROUND WATER SOURCE PROTECTION PROCRAM —Section 1443(bX5) of the
Safe Drinking Water Act is amended by adding the following at the end thereof
“For the purpose of making grants under paragraph (1) there are authorized to be
appropriated $28,000,000 for the fiscal year 1986, $28,000,000 for the fiscal year 1987,
$28,000,000 for the fiscal year 1988, and $28,000,000 for the fiscal year 1989 “.
(di EXTENSION OF AUTHORITY —Section 1441(1 ) of the Safe Drinking Water Act is
amended by striking out “in effect” and all that follows and su stituttng ‘in effect
for more than one year”
(e) PROTECTION OP UNDERGROUND SOURCES OF DRINKING WATER —Section 1443A of
the Safe Drinking Water Act, as added by this Act, is amended by adding the follow-
in new subsection at the end thereof -
‘(j) Upon the approval of any State plan under this section, the Administrator
shall make grants to the State for 50 percent of the costs incurred by a State (as
determined by the Administrator) in developing and implementing a State plan
under this section For purposes of making such grants there is authorized to be
appropriated not more than $50,000,000 for the fiscal year 1986 and for each of the 3
fiscal years thereafter”
(1) PROTECTION OF Soi OR PRINCIPAL SOURCE GROUND WATER RECHARGE AREAS —
Section 1428 of the Safe Drinking Water Act, as added by this Act, is amended by
adding the following new subsection at the end thereof
‘(it 1) There are authorized to be appropriated for grants for development of plans
under this section, $10,000,000 for each of the fiscal years 1986 through 1989
‘(2) There are authorized to be appropriated for grants to implement plans under
this section $25,000,000 for each of the fiscal years 1986 through 1989 Matching
nts under this section may also be used to implement or update any water qual-
.Iiclagement plan for a sole or principal source aquifer approved (before the date
of the enactment of this section) by the Administrator under section 208 of the Fed-
eral Water Pollution Control Act’
c o.p, NL.
- } lD? L — ] 2”
T1TU Ill —AUTHORIZATION OF APPROPRIATIONS
Section 1O1 ‘ - c
Section 301 provides for the general authorization of appropria- CV
tions for the Safe Drinking Water Act. The Act authorizes maxi-
mum levels of appropriations for enforcement development of
standards and grants to States
The bill would authonze appropriations through fiscal year 1989
for development and enforcement of standards and aid to States
The appropriations total $226,300,000 per year for 1986, 1987, 1988,
arid 1989 Authorized expenditures for each of these years include. 9
$11,300,000 to help States aleviate emergency situations affecting
public water supplies, $47,000,000 for purposes of carrying out Sec-
tion 1442 other than subsection (a)(2)(B) and provisions relating to
research; $45,000,000 for grants to States to carry out public water
system supervision programs; $28,000MOO for grants to States to
protect underground sources of drinleing water, $50,000,000 for
grants to States to assist in the costs of developing and implement-
ing groundwater protection plans; $10,000,000 for grants to States
to assist in the development of sole source aquifer protection plans
and $25,000,000 to States to assist in the Implementation of’ sole
source aquifer protection plans, and $10,000,000 for technical assist-
ance to small systems.
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000498.
5 CISr
- 3c
6 AUTHORIZATION OF APPROPRIATIONS
7 SEC. 301. (a) IN GENERAL _SCCtiOn 1442(1 ) of the
8’ Safe Drinking Water Act is amended by inserting the follow-
9 ing at the end thereof: “There are authorized to be appropri-
10 ated to carry out subsection (a)(2)(B), $11,300,000 for the
11 fiscal year 1986, $11,300,000 for the fiscal year 1987,
12 $11,300,000 for the fiscal year 1988, and $11,300,000 for,
13 the fiscal year 1989. There are authorized to be appropriated
14 to carry out the provisions of this section (other than subsec-
15 tion (g), subsection (a)(2)(B), and provisions relating to re-
16 search), $47,000,000 for the fiscal year 1986, $47,000,000
17 for the fiscal year 1987, $47,000,000 for the fiscal year
18 1988, and $47,000,000 for the fiscal year 1989.”.
19 (b) STATE SUPERVISION PRoGRA1 rs.—...Sectjon
20 1443(a)(7) of the bSafe Drinking Water Act is amended by
21 adding the following at the end thereof: “For the purposes of
22 making grants under paragraph (1) there are authorized to be
23 appropriated $45,000,00O for the fis al year 1986,
24 $45,000,000 for the fiscal year 1987, $45,000,000 for the
25 fiscal year 1988, and $45,000,000 for the fiscal year 1989.”.
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5c\ c
000499
1 (c) UNDERGROUND WATER SOURCE PROTECTION
2 PRoGRAI 1._5ectjon 1443(b)(5) of the Safe Drinking Water
3 Act is amended by adding the follo ving at the end thereof:
4 “For the purpose of making grants under paragraph (1) there
5 are authorized to be appropriated $28,000,000 for the fiscal
6 year 1986, $28,000,000 for the fiscal year 1987,
7 $28,000,000 for the fiscal year 1988, and $28,000,000 for
8 the fiscal year 1989.”.
9 (d) EXTENSION OF AUTHORITy__Section 1441(0 of
10 the Safe Drinking Water Act is amended by striking out “in
11 effect” and all that follows and substituting “in effect for
12 more than one year.”.
13 (e) PROT CTION OF UNDERGROUND SOURCES OF
14 DRINKING WATER.-_.Sectjon 1443A of the Safe Drinking
15 Water Act, as added by this Act, is amended by adding the
16 following new subsection at the end thereof:
17 “(j) Upon the approval of any State plan under this see-
18 tion, the Administrator shall make grants to the State for 50
19 percent of the costs incurred by a State (as determined by the
20 Administrator) in developing and implementing a State plan
21 under this section. For purposes of making such grants there
22 is authorized to be appropriated not more than $50,000,000
23 for the fiscal year 1986 and for each of the 3 fiscal years
24 thereafter.”.
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OOO j
L
1 (1) PROTECTION OF SOLE oR PRINCIPAL SOURCE
2 GROUND WATER RECHARGE AREAS.—Seetjon 1428 of the
3 Safe Drinking Water Act, as added by this Act, is amended
4 by adding the following new subsection at the end thereof:
5 “(i)(1) There are authorized to be appropriated for
6 grants f r development of plans under this section,
7 $10,000,000 for each of the fiscal years 1986 through 1989.
8 “(2) There are authorized to be appropriated for grants
9 to implement plans under this section $25,000,000 for each
10 of the fiscal years 1986 through 1989. Matching grants under
11 this section may also be used to implement or update any
12 water quality management plan for a sole or principal source
13 aquifer approved (before the date of the enactment of this
14 section) by the Administrator under section 208 of the Feder-
15 al WTater Pollution Control Act.”.
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11 TITLE I1I—AUT1(OR!ZATJON OF
12 APPROPRLtTI ONS
13 AUThORIZATION OF APPROPRIATIONS R. 2. CC , 9 I A--
14 &c. 301. (a) SMALL SYSTEMS.- ..-Sectjon 1 2(O is (-‘
15 amended by inserting the following at the end thereof:
16 “There are authorized to be appropriated to carry out sub. 0 005 0 1
17 section (a)(2)(B), $9,600,000 for the fiscal year 1984,
18 $9,600,000 (or the fiscalyear 1985, $11,300,000 for the
19 fiscal year 1986, $11,300,000 (or the fiscal year 1987,
20 $11,300,000 (or the fiscal year 1988, and $11,300,000 for
I (c) EXTENSION OF SECTION 1441 AIJ’rhloRITy .—Sec
21 the fiscal year 1989. There are authorized to be appropriated
2 tion 1441(1) is amended by striking out ‘‘in effect” and all
22 to carry out the provisions of this section (other than subsec.’
3 that follows and substituting “in effect for more Luau one
23 tion g), 8Ubsection (aX2XB) , and provisions relating to re-
4 year. .
24 search), $42,000,000 for the fiscal year 1984, $42,000,000
25 (or the fiscal v . 1985, x OOO for the fiscal year
1 1986. $47,000,000 fur thu fiscal year 1987, $47,000,000 (or
2 the fiscal year 1988, and $47,000,000 (or tIme fiscal year
3 1989.”,
4 (Ii) ORANTH FOR STATE PROOaAM —(1) Section
5 14 43(a)(7) is amended by adding the following at the end
6 thereof: “For the purposes of making grants under paragraph
7 (1) there are authorized to be appropriated $40,000,000 for
8 the fiscal yeal 1984, $40,000,000 for the fiscal year 1985,
9 $45,000,000 for the fiscal year 1986, $45,000,000 (or the
10 fiscal year 1987, $45,000,000 for the fiscal year 1988, and
11 $45,000,000 (or the fiscal year 1989.”.
12 (2) Section 1443(b)(5) is amended by adding the follow-
13 ing at the end Lhercp(: “For the purposes of making grants
14 under paragraph (1) there are authoriLed to be appropriated
15 $25,000,000 (or the fiscal year 1984, $25,000,000 for the
16 fiscal year 1985, $28,000,000 4or the fiscal year 1986,
17 $28,000,000 ( i the fiscal year 1987, $28,000,000 for the
18 fiscal year 1988, and $28,000,000 for the fiscal year 1989.”.
19 (3) Section l 443 (c), as inserted by section 206 of this
20 Act, is amondu4 by a4ding the following at tho end tlmereof
21 “(3) For purposes of providitig grants under this subsec-
22 tion there is autlmori m d to be appriiprmated not more Luau
23 $10,000,000 (or cad, of thu hiscuil yours 1984 through
24 19h9”
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000502
r
5P\t\1t- \
SEC. 302. INDIAN TRIBES.
(a) IN GENERAL—Part E of the Safe Drinking Water Act is
amended by adding the following new section after section 1450:
SEC. 1451. INDIAN TRIBES.
“(a) IN GENERAL.—SU 1)ject to the provisions of subsection (b), the
‘Administrator—
“(1) is authorized to treat Indian Tribes as States under this
title
may delegate to such Tribes primary enforcement respon-
sibility for public water systems and for underground injection
control, and
“(3) may provide such Tribes grant and contract assistance to
carry out functions provided by this title.
“(b) EPA REGULATIONS._.
“(1) SPECIFIC PROVISIONS—The Administrator shall, within 18
months after the enactment of the Safe Drinking Water Act ‘ p c.- i
Amendments of 1986, promulgate final regulations specifying
those provi sions of this title for which it is appropriate to treat PROU I ‘ ‘ i C t -4
Ind ian Tribes as States. Such treatment shall be aUthor ized
only if:
“(A) the Indian Tribe is recognized by the Secretary of
the Interior and has a governing body carrying out substan-
tial governme aj duties and powers;
“(B) the functions to be exercised by the Indian Tribe are
within the area of the Tribal Governments Jurisdiction,
and
“(C) the Indian Tribe is reasonably expected to be ca.
pable, in the Administrator’s judgment, of carrying out the
functions to be exercised in a manner consistent with the
terms and purposes of this title and of all applicable
regulations.
“i2) PROVISIONS WHERE TREATMENT AS STATE INAPPROPRIATE —
For any provision of this title where treatment of fndian Tribes
as identical to States is inappropriate. adm nistrati el . infeasi-
ble or other ise inconsistent sith the purposes c i this title the
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WA
000503
A inigtrator may include in the reguiatiopj promulgated
Uader this section, other means fo .adinini .st.ring such provi-
sion in a manner that will achieve the purpc e of the provision.
N*hing in this section shall be construed to allow Ind ian Tribe
to assume or maintain primary enforcement responsibility for
public water systems or for underground injection control in a
manner less protective of the health of persons than such
responsibility may be assumed or maintained by a State. An
Indian tribe shall not be required to exercise crinnnal enforce-
ment jurisdiction for purposes of complying with the preceding
sentence.”.
(b) DKFU ’imoNs.—
(1) INDIAN TRIBE—Section 1401 of such Act is amended by i1’Or4
inserting the following at the end thereof: ‘
‘(14) The term ‘Indian Tribe’ means any Indian tribe having a
Federally recognized governing body carrying out substantial
governmental duties and powers over any area.”.
(2) MUN1CIPAUTY.—&ctiOn 1401 of such Act is amended by
striking out from paragraph (10) the words “Indian tribal
organization authorized by law” and substituting “Indian
Tribe”.
(c) PRIMARY ENFORCEMENT RESPONsIBIUTy._Sectjofl 1422 of such
Act is amended by adding the foUowing new subsection at the end
thereof Pf tM AR /
“(e) An Indian Tribe may assume primary enforcement respon.
sibility for underground Injection control under this section consist- R
ent with such regulations as the Administrator has prescribed spONSI3tLI ç ’%
pursuant to Part C and section 1451 of this Act. The area over which
such Indian Tribe exercises governmefl AJ jurisdiction need not have
been listed under subsection (a) of this section, and such Tribe need
not submit an application to assume primary enforcement respon-
sibility within the 270-day deadline noted in subsection (bX1XA) of
this section. Until an Indian Tribe assumes primary enforcement
responsibility, the currently applicable underground injection con-
trol program shall continue to apply. If an applicable underground
injection control program does not exist for an Indian Tribe, the
Administrator shall prescribe such a program pursuant to subsec-
tion (C) of this section, and consistent with section 1421(b), within
210 days after the enactment of the Safe Drinking Water Act
Amendnierita of 1986, unless an Indian Tribe first obtains approval
to assume primary enforcement responsibility for underground
injection control.”.
(d) GRANTS —(1) Section l443(aX2) of the Safe Drinking Water Act
is amended by adding the following at the end thereof “The prohibi-
tions contained in the preceding two sentences shall not apply to
such grants when made to Indian Tribes
(2) Section 1443b 2 of such Act is amended by adding the follow-
ing new sentence at the end thereof’ “The prohibition contained in
the preceding sentence shall not apply to such grants when made to
Indian Tribes”
(e) STUDY —The Administrator of the Environmental Protection
Agency, in cooperation with the Director of the Indian Health
Service, shall, within 12 months after the enactment of this Act
conduct a surve of drinking ater on Indian reser ations, identif-
ing drinking wate- problems and the need, if an for alternati ’.e
dnnking ater suppiies
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A t vwv i \
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p•
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V 2 2-? 4- c C )
(c1 L 1 ec H .fi i z
INDIAN TRIBES AMZNDMENT
Mr HART I would like to engage
several of my distmguis colleagues.
including the chairman of the Safe
Drinking Water Conference Commit-
tee, in a discussion of the amendments
tn this bill Intended to help Indian
tribes address their existing drinking
ater Supply problems. There is an
urgent need for attention and assist-
ance directed toward correcting prob-
lerns hich exist at a significant
number of systems owned and opez-at-
ed by Indian tribes As many as one.
half of the tribal water systems na-
tiofl ide do not meet minimal stand-
ards. This is due, in part, to poor raw
water quality and to the financial and
technical constraints on these systems
The Ute Mountain Ute Tribe in my
own State of Colorado has had to live’
without a reliable, safe water supply I
for over 100 years Mr. Chairman, i
think the United States has a trust re- 1
spon ibility to help the Indian people;
remedy such problems, and that wa.s
my primary interest in Originally co.
sponsoring these amenthnen to the
Safe Drinking Water Act.
Mr DURENBERGER I agree with
my able colleague that we do have
such a responsibility and e cpect that
the relevant amendments will focus
the efforts of EPA and other approprl
ate agencies in aiding Indian tribes to
improve their essential ater supplies
Mr. ABDNOR Mr. President, I be-
lieve that significan progress will be
mide to ard this objective by provid-
ing the EPA Administrator the au-
thority to treat Indian tribes as States
Under the act and to provide such
tribes grant and contract assistance to
carry out functions provided by this
title. The EPA is also given discretion
to find an alternative means of meet-
ing the purposes of the act if treating
a tribe as a State would be inappropri-
ate,
The Indian drinking water survey re-
qtiired of EPA within 12 months ill
serve as an important foundation of
information for determining assistance
priorities and charting progress, This
sur ey is to be a thorough accounting
of drinking ater problems for each
Indian reservation or community
Mr BURDICK, As another of the
original cosponsors of these amend-
ments, I believe one of the principal
ways in hich problems will be effec-
tively addressed is through the provi-
sion of grants to tribes to Implement
the requireme of the act. I want to
unoerscore the fact that the adminis-
tration is not restricted to the 75/25
matching grant for State progra in
the case of Indian tribes. The trioes I
represent in North Dakota could not
afford to develop these programs if
they were required to provide match-
ing funds,
Mr DURENBERGER I thank the
Senator from North Dakota for
making this point, The conferees rec-
ognized that tribal governmen
unlike State goverr1J’nent do not have
a regulatory program base, an under.
‘lying financial and budgetary founda-
tion or a supporting tax infrastructure
hich could be used in Cost-sharing on
these programs Furthermore funding
assistance priorities should be estab-
lished according to the severity of the
problems identified in the EPA survey,
Mr. BEJRDICK Another key aspect
of these amendments is the earmark-
ing of technical assistance funds for
use by Indian tribes to improve the op-
eration of their supply systems and in-
crease compliance with drinking water
standards Three percent of the tech-
nical assistance funds—authorized at a
level of $10 million per year—or a min-
imum of $280,000 is to be set aside for
this purpose, These funds will be put
to extremely good use in this manner
since Indian systems represent about
1 5 percent of small systems nation-
ide but have a standards exceedance
rate nearly four times greater than all
other public supply systems,
Mr DURENBERGER I thank the
Senator from North Dakota for his
comments and join ith h rn and Ben- I
ators’HAR’r and ASDNOR in expressing
strong interest in seeing that these
amendmen result in safer drinking
A ater for Indian tribes,
-i-t .k
I’ V ’l ’G
—provisions allowing the EPA. in certain
instances, to delegate enforcement au-
thority to Indian Trib s in the same
way that such authority is currentl
being delegated to States,
P
000504
2A ç
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! .L(L-CLfCC(. L - 1 _ c c 1
CCNF R pNo. c 1 - s5d 1s , _ r
- - I d . Lvi )
SA C ii& INDIAN TRJBE&
(a) hi G w —j E of the Safe Drinking Water Act ‘1
amended by adding the following new section after section 1450:
‘SEC 145L LNDIAN T 1BES
“(a) IN GEWEw. .—Subject to the provisions of subsection (b), t
Administrator—
“(1) is authorized to treat Indian Tribes as States under t/i
title,
“(2) may delegate to such Tribes primary enforcement respo
sibility for public water systems and for underground injectu
contro4 and
“(8) may provide such Tribes grant and contract assistance
“ carry out functions provided by this title.
‘fli) EPA RF,GUL4T!ONS._...
“(1) Sp c,,ic PPoVIsjoN&—T Administrator sluill, with,
18 months after the enactment of the Safe Drinking Water A
Amendrpen of 1986, promulgate final regulations speci (yin
those provisions of this title for which it is appropriate to trec
Indian Tribes as States. Such treatment shall be authorize
only i/
“(A) the Indian Tribe is recognized by the &cretary c
the Interior and has a governing body carrying out substa,
tial governmen i duties and powers;
“(B) the functions to be exercised by the Indian Tribe ar
with in the area of the Tribal Government’s jurz dictzon
and
“(C) the Indian Tribe is reasonably expected to be cope
ble, in the Administrator’s judgment, of carrying out Liz
functions to be exercised in a manner consistent with th
terms and purposes of this title and of all applicable regu
lotions.
“(2) PROVISIONS WEERE TREA TMENT AS STATE INAPPROpPJ
ATE.—For any provision of this title where treatment of Indzar.
Tribes as identical to States is inappropriate, adminjstrctjvel
infeasible or otherwise inconsistent with the purposes of thQ
title, the Admjnistri tor may include in the regulations promul-
gated under this section, other means for administering such
provision in a manner that will achieve the purpose of the pro-
vision, Nothing in this section shall be construed to allow
Indian Tribes to assume or maintain primary enforcement re-
sponsibility for public water systems or for underground injec-
tion control in a manner less protect tue of the health of persons
than such responsibility may be assumed or maintained by a
State. An Indian tribe shall not be required to exercise criminal
enforcement jurisdiction for purposes of complying with the pre-
ceding sentence ‘
(b) D&PINITION& —
(1) INDiA) , ’ TRIB&’— etion 1401 of such Act is amended by in.
serting the following at the end thereof
“(14) The term ‘Indian Tribe’ means any Indian tribe having
a Federally recognzzed governing body carryinq out substantial
governmental duties and powers over any area.
-------
(2) MurncI i jr,. ....,&ctj 0 140! of such Act is amended by
striking out from paragraph (10) the words “Indian tribal orga.
niz at ion authorized by law”and 8Ubstjt tj, “Indian Tribe.”
(cJ P j y ENFORCEM WT RiSPONsJnJLn .y.. ctwfl 1422 of’sisch 000506
Act is amended by adding the following new subsection at the end
thereof
‘Ye) An Indian Tribe may assume primary enforcement responsi-
bility for underground injection control under this section consistent
with such regulations as the Adminisgrrjtor has prescribed pursuant
to Part C and section 1451 of this Act. The area over which such
Indian Tribe ercjaes govern mental jurisdiction need not have been
listed under subsection (a) of this section, and such Tribe need not
submit an application to assume przrnar-y enforc meng responsibility
within the 270-day deadline noted in Subsection (bKIXA) of this sec-
tion. Ui Ji’i4jan_ 7 be mesprimnry enfommen res
bdity Jhe currently
gram shall continue to a I. I an a Plicabkder
n con ro pro rcm
iifr tor shall prescribe such a zogram PU 71 S0 4 o-subsectionfcJ f -
t is sec ion, a - con Sistent with section 14210,), within 270 day9
Tfter the enactment of the Arfthndmentg o
1S86,. unless an Indian Tribe_first.t ,bta ins opprou c i Lto assume prz
marjenforceme responsibility lot underground IrUect i on conecoL ‘
(d) Cw s.—.(J) Section l4 S(aX2) of the Safe Drinking Water Act
is amended by adding the following at the end thereof: ‘17i prohi-
bitions contained in the preceding two sentences shall not apply to
8UCh grants when made to Indian Tribes.”
(2) Section 144 S(bX2) of such Act is amended by adding the follow-
ing new sentence at the end thereof: “The prohibition contained in
the Preceding sentence shall not apply to such grants when made to
Ir d ian Tribe.s.”
(e) STUZ)Y.—The Administrator of the Environmental Protection’
Agency, in cooperation with the Director of the Indian Health Seru-
ice, shal4 within 12 month.s after the enactment of this Act conduct
a survey of drinking water on indian reservations, identifying
drinking water probknis and the need, if any, for alternative drink-
ing water supplies.
CO?\C.jt .
ONI ?. ?. No.. 1c1
-L o )
SECflON 3O2—iNDL& j TRIB
Senate bilL—The Senate bill adds a comprehensive definition oft
“Indian tribal organization”, and permits the Administrat4,r to
make special provision for the treatment of Indian tribes under the I
Act, including, if appropriate, the treatment of Indian tribes as I
States for the purposes of the Act and a reduction of the non-Feder- I
al share pursuant to section 1443 of the Act (grants for State pro- I
grams). It also requires EPA to conduct a survey of dnnktng water
problems on Indian reservations. . . I
House amendment ._ .The House amendment adds a definition of
Indian tribes, authorizes the Administrator to make special provj,4
SiOn for the treatment of Indian tribes as States under this t,
and requires EPA to inventory the program needs of Indian tr.
under the Safe Dnnking Water Act.
Con ference agreement —The conference a reement adopts the
House amendment as modified to replace the House s inventory
language with the Senate’s survey language.
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i- i c e
. c - 1 , r 1 Ic, c)
—l ’%rt of (be Safe Dunk-
Ing WaZer A , La amended by adding the fol.
‘owing new section siter section 14S0 ’.
LEC . (151. L ”DIAN i’mus
“(a) 1 Ozmix..—.gubject to the prov-l-
Iona of subsection (be, the Adm1n1rtrat Li
authorized to treat Lndian Thbes as States
under this title. may deleg e to such Thbei
‘prui-iary enforcement respon&biljty for
public water systems and for underground
injection control, and may provide such
Tribes grant and contract assistance to
carry out function.s provided by this Act.
• b) EPA REGULATIONS —
• (1) Spccirtc PROVISIONS —The Adrrnrus-
trato; shall. aithin 18 months after the en-
actment of this section, promulgate final
regulations specifying those pros isions of
this title for ahich it is appropriate to treat
Indian Tribes as States, Such treatment
shall be authorized only if,
(A) the Indian Tribe is recognized by the
Secretary of the Interior and has a go ern-
ing body carrying OUt substantial gotern.
mental duties and powers,
IB the functions to be exercised by the
Indian Tribe are within the area of the
Tribal Government S jurisdiction and
(C) the Indian Tribe is reasonably ex-
pected to be capable, in the Administrator’s
judgment. f carry trig out the functions to
be exercised in a manner ‘consistent s ith
the (er-ryts and purposes of this t cle and of
all applicable regulations
‘ 12i PROVISIONS WHERE TREATMENT AS
STATE I’4PPROPRIATE —For any pro ision of•
this title a here treatment of Indian Tribes
as identical to States is inappropriate, ad.
n’llnistratitely infeasible or otheraise incon-
sistent aith the purposes of this title, the’
Admirii,stratog- may include in the regula-
‘ions promulgated under this section other
nearis for ailmin’ctering such pro ision in a
manner that aill _“r1ie e the purpose of the
pro ision No:l”ig in this section shall be
Construed to a’., a Indian Tribes to assume
or maintain mary enforcement responsi-
bility for pubh, aater systems or for under-
ground injecti ri control in a manner less
protectl e of ,he hpaltb’bl . persons than
such respons,aility may be assumed or
maintained by a State An Indian tribe shall
not be requIred to exercise criminal enforce-
ment Jurtsdlctjon for purposes of complying
aith the -
ib ) Drrr’ir-rio —
(1) INDiAN 1’s’ . L —Section 1401 of such
Act iS amended by nserting the following at
the end thereof- -
(141 Th let-rn ‘Indian Tribe’ means any
Indian tribe ha lng a Federally recogrnze
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r x !“ ry - - (- — C2.
k -\,R , p,Nc.
SCC. iiii I\DIAN TRIBES
“(a) GE RAL ....’SUbJ to the provasions of bsection (b, the Administrator is
authorized to treat Indian Tribes as State, under this title, may delegate to such
Tribes primary entorcement responsibility for public waler systems and for under.
ground injection control, and may provide such Tribes grain and contract assistance
to carry out functions provided by this Act.
“(b) EPA REGULATIONS —
“U) SPEC1S-IC PROVISIONS —The Administrator shall, within 18 months after
the enactment of this section. promulgate final segulations specifying those pro-
visiOnS of this title for which it is appropriate to ‘treat Indian Tribes as States
Such treatment shall be authoriz only if 0 .
“(A) the Indian Tribe is recognized by the Secretary of the Interior and
has a governing body carrying out substantial governmental duties and
powers,
“(B) the functions to be exercised by the Indian Tribe are within the area
of the Tribal Governments jurisdiction, and
“(C) the Indian Tribe is reasonably expected to be capable, in the Adrain-
istrator s judgment, of carrying out the functions to be exercised in a
manner consistent with the terms and purposes of this title and of all appli-
cable regulations
“(2) PROVISiONS WHERE TREATMENT AS STATE INAPPROPRIATE —For any provi-
sion of this title where treatment of Indian Tribes as identical to States is inap-
propriate, administratively infeasible or otherwise inconsistent with the pur.
poses of this title, the Administrator may include in the regulations prornulgat-
,ed under this section, other means for administering such provision in a
manner that will achieve the purpose of the provision Nothing in this section
shall be construed to allow Indian Tribes to assume or mainta. ri pnrnary en-
forcement responsibility for public water systems or for underground injection
control in a manner less protective of the health of persons than such responsi-
bility maybe assumed or maintained by a State. An Indian tribe shall not be
required to exercise criminal enforcement jurisdiction for purposes of complyijig
with the preceding sentence
(b) DEFINmONS —
(1) INDIAN TRIBE —Section 1401 of such Act is amended by inserting the fol-
lowing at the end thereof
“(14) The term ‘Indian Tribe’ means any Indian tribe having a Federally rec-
ognized governing body carrying out substantial governmen i duties and
powers over any area”
2) MUNICIPAUTY —Section 1401 of such Act is amended by striking out from
paragraph (10) the words “Indian tribal organization authorized by law’ and
substituting “Indian Tribe”
Ic) PRIMARY ENFORCZMEN-T RESPON5IBIU-rY —Section 1422 of such Act is amended
by adding the following new subsection at the end thereof
“(e) An Indian Tribe may assume primary enforcement responsibility for under.
ground injection control under this section consistent with such regulate-’ is as the
Administrator has prescribed pursuant to Part C and section 1451 of th,s Act The
area over which such Indian Tribe exercises governmental jurisdiction need not
have been listed under subsection (a) of this section. and such Tribe need not submit
an application to assume primary enforcement responsibility within the 270-day
deadline noted in subsection tbelXA) of this section Until an Indian Tribe assumes
primary enforcement responsibility, the currently ap i )icable und rground injection
control program shall continue to apply If an applicable under -round injection con-
trol program does not exist for an Indian Tribe, the Administrator shall prescribe
such a program pursuant to subsection (c) of this section, a’ d consistent with sec-
tion 1421(b), within 270 daya’iof the enactment of this Act n)ess an Indian Tribe
first obtains approval to assume primary enforcement .esponsibility for under-
ground injection control”
(d l GRAN-TS —U) Section l443(a 2) of the Safe Drinking Water Act is amended by
adding a new sentence after the final sentence in that paragraph stating The pro-
hibitions contained in the preceding two sentences nall not apply to such grants
when made to Indian Tribes”
(2) Section 14 -tJ (b) of such Act is amended by adding the following new sentence
after the final sentence in paragraph (2) thereof ‘The prohibition contained in the
preceding sentence shall not apply o such grants when made to Indian Tribes
el S’rutiy —The Administrator of the Envi-onrnentaj Protection Agen ( y, in con-
sultation with Indian tribes, shall carry out i study to inventory the program needs
of Indian tribes under the Safe Dnnking ‘Vater Act The Administrator shall pre-
pare a report detailing the results of sucn study The report shall be submitted to
the Congress together with the President s Budget Request for fiscal year 1987
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000509
3O
\ . Rap. l ) *
Section 302
This section repeals repeals the Administrator’s authority to
make grants to a public water system which is required under
State or local law to meet standards relating to turbidity which are
more stringent than the standards under the Act.
In addition, a new section 1451 is added to the Safe Drinking
Water Act to authonze the Administrator to treat Indian Tribes as
states subject to certain restrictions and conditions. The purpose of
the provisions relating to Indian Tribes is to accord federally recog-
nized Tribes a p roper role and some long needed assistance in the
implementation of the national water quality goals embodied in
the Safe Drinking Water Act The Tribes are currently responsible
for Protecting and improving water quality over an area within the
United States which is comparable in size to the New England
States, plus New Jersey Delaware and Maryland. The language
adopted by the Committee will ensure that waters on Indian lat ds
receive the full covera e of the protective provisions- of the Act
Finally, this section requIres a health eff cts study which com-
pares the effects on public health associated with water treatment
chemicals and their byproduc to the effects on public health asso-
ciated with contaminants found in drinking water. The study re-
quired to be submitted to Congress within eighteen months of en-
actment
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s, t 2- Lk & t- A.A-c a L\ >-<..VtcL,L -
- I
INDIAN TRIRAL ORa &w,zA 17CM e c{ -{ I 5)
Sec 14 (C)Sectn14o1oftheSc jeDrinJc.
trip Water A t Is a ’neided by iniertzng the
follo -ctng after sub ect,on 13
‘ldj The Lerm ind ian tribal organtsa
IIO FncGfl3 any Indian tribe. band, nation,
or othei organized croup or communl(k( (in-
eluuinq any Alaska Natire village, but not
tncluding any Alaska ?(ative regional or vii P
tape corgo -az j which is recopn i’ed as eli- 0
gtbfr fo- the special prcprum and Services
provided by U e United States to Indian, be-
cau.se 01 heir status as Jndian.
fbi 77ie Administrator, in cooperation
L1th (.he Director 0/the Indi an H c4th
ici. ihall. icitkin 12 mont ls or enac1rflen
C .!vrvd .1J of drin c .r.g water on
Irdiü reservation, t4ents ying drinking
ir ’ter problem, and the neett i/any. for al-
tcrnatii’e drinking water tiipphes. -
IC , The Adrnini,tra r i authort.zed to
‘flake spe ’cujj provi ,,.on for the treatment of
Indian tribes under this Act. tnclud&ng trie
trectment of Irid izn tribe, as StaJ.es to the
decree nece3sar , to ca out the purposes of
thi, 4c& Such sp& -ial provis ion may include
the direct pmvfstoii of funds to the po rn .
ing bodies of Indw n tribe, and the determI-
e.ation of priorities by Indian tribes, where
not decermin by the A4 rntriut ro .1 r in co-
Operation wit /i the Director of the Ind ian ( “
Health Service. The Admintitretor i i cu- , I 2 L f e Ck)trLtr ’v-v .. .. ‘
thorized to re -d ace the nOfl-7 e j ri share 0th- I s ‘- ç
ertci,e rcqlirrd under IeCtfon 1443 with re- p —’ - s ( , , I i 4 .t4..
sped to Ind ,a* tribes, as dete,’, ,,ied by the , , 2 IN • g j
Adininist, .i Iii eTation with the Di- - , (_
rc tor of the Indi Health Serv(ce.
SEc’r!oH 14. INDIAN TRIBAL ORGAN1zAT oN8
STJMMA RY
Section 14 adds a comprehensive definition of “Indian tribal or-
ganization”, and requires the Administrator to conduct a survey of
drinking water problems on Indian reservations, Section 141c) per-
mits the Administrator to make special provision for the treatment
of Indian tribes under the Act, including, if appropriate, the treat-
ment of Indian tribes as States for the purposes of the Act and a
reduction of the non-Federal share pursuant to section 1443 of the
Act (grants for State programs).
DISCUSSION
This section provides that EPA may mAke special provisions for
the treatment of Indian tribal organ j (as defined in this sec-
tion), including treating tribal orgnni7Ations as States for the pur-
poses of the appropriate part of the Act.
EPA may approve primary enforcement responsibility (for public
water system.s or for UIC) for such tribal organ ization , where the
Adinirnstrator finds such approval is appropriate. The standards
for delegation of primary enforcement responsibility that apply to
States shall also apply to Ind ian tribal organizatio . Municipali-
ties in primacy States that are located on reservations where the
Indian tribal orgamzat lon has also been granted primacy may
choose whether to be subject to the State or Indian tribal organi .n-
tion enforcement authority.
The Adnunistrator is also required to conduct a survey of drink-
ing water on reservations to assess the quality of such drinking
water and the need for alternative drinking water supplies. There
is Concern that there may be a disproportionate incidence of water-
borne diseases on reservations,
Funding adjustments may also be possible under this section at
the discretion of the Admjni tja r The Administrator is given the
authority to reduce the minimum 2 percent noi-i-Federal share of
grants approved pursij to sect 1443 of the Act for public
water System 8Upervt ion or ground water protection Programs. In
a thtion, section 8 of the b JJ sets aside at least 5 percent of funds
authorized to be appropri ,a for technical assistance, I
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000511
SDWA
..• . JUDICIAL REVIEW.
8ect1on l448(a) of the Safe Drinking Water Act is amended as
‘%flow,
(1) Amend paragraph (1) to read as followg:
‘(l actio s pertaining to the establishment of national pri.
mazy drinkir g water regulations (including maximum contami. o I)’ i i ?. -
nant level goals) may be filed only in the Uruted States Court of
Appeals for the District of Columbia circuit; and”. V .
(2) Amend paragraph (2) to read as follows:
“(2) any other action of the Administrator under this Act may
be filed in the circuit in which the petitioner resides or trans..
acts business which is directly affected by the action.”.
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C - - 4, 000512
CcN ,1 P.Nc. cl_ i Ł,tr . .2ot
SEC. fti. JUDICIAL RFJIEW.
Sect ion 1 448(a) of the Safe J)rznkin g Water Act is amended as fol-
l0W8:
(1) Amend paragraph (1) to read as follows:
“a) QCttOn8 pertaining to the establishment of national pri.
mary drznki rig water regulations (including maximum contami-
nant level goals) may be filed only in the United States Court of
Appeals for the District of Columbia circuit, and’
( 2 )Amend paragraph (2) to read as follows.
“(2) any other action of the Adminz.strijtor under this Act may
be filed in th circuit in which the petitioner resides or tran.-
acts business which is directly affected by the action.”
T pf. c -
(. , c p , t c, l i- I ’ )2C
SECTION 303—JUDlCL.& REVIEW
Senate bilL—The Senate bill revises the provisions of section
l 4 48(a) governing judicial review of Agency actions under the Safe
Drinking Water Act.
It provides that an application for review of regulations issued
under the Act may be filed in the U.S. Circuit Court for the the-
trict of Columbia or in the U.S. Court of Appeals for a circuit in
which the applicant resides or transacts business which is directly
affected by such regulation. Such petition must be filed within one
hundre(j and twenty days after such regulation is promulgated. A
random selection procedure is established for the filing of such pe-
titions.
House am,endment.__No similar provision.
Conference agreepnent._m conference agreement modilies the
Senate provision to require petitions for review of actions pertain.
ing to the establishnient of national primary drinking water re u-
lations (including maximum contaminant level goals) to be fiied
only in the U.S. Court of Appeals for the Distnct of Columbia. Peti-
tions for review of other’ - ctions under this Act may be filed in the
circuit in which the petitioner resides or transacts business which
No change is made in the petition
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JtotctAL REVIEW
Sec 15 ta Se’tion 1448 at of the Safe
Drinking ‘Aater Act is ameno , ,d to read a.’,
(ulios s
JtDiCltL RE ’. (E S
Sec 1448 ai(l) A petition for reuew
of—
tAt action of the Administrator in pro.
rnuigating any national p Rimary drinking
ttater regulation under section 1412. any
regulation under Section 14I3 b an regu-
lation under sect.cn 1414 c, an’, regulation
(or Slate underground injection control pro-
garns under section 1421. or any general
regulation for th . administration of this
utie re-st be filed in the United States Court
of Appeals (or tI-te District. o Columbia or
in art United State’s court of appeals for a
Circuit in ti rich toe petitioner re ,ides ,.‘-
tra-tsac-ts btisipe s tehict’ is U2rec 5 l alfec’ -
b. c action acid
C triton 0’ t’ie Adaririst.aror i- i c-
riil atitio ant other ref ,iatior) under
trte issu ne ant order Under this title’ -
lraki- ’ . ‘ s- de-terrt-ioatton under this t iL
n’s ’ . be ‘‘i cc Or’’ in the U”iit d States court
01 n.— i ‘ a c.rcuit in ‘srl’cr ’ . tne pei
1 C.: e - — i ‘ or tansac’s bu iflt ” .s V l.icri
iSdi —’. at ected b such ac on
At-’. ‘.U, ‘ p’ t Ion shall b filrd V. thu the
l2(’ d-’ period beittitntrig on tl’e date of the
nrornil ’ .- .. on of tile regulation or issuance
or - ‘s respect to a hi-h ret eu us
s ni t or on tOe date of tlit determination
i’s e p ct to ‘shuci’ r .” .ie’s is sought, or
a te, tuch da’e OnI ’ . if the’ petition is based
on e-ounds a htc-h arose after sue ii
o se I; ndr, ’d a’r2 tueflt(-fi dat Artion of
ti ’ Adrtstn , ,’s - a .th rrtpe(t to te hieh
ret u - s could f’ae b , ’e’ nbtar ”d tinder this
sub , Ct on shal not be sub ct to judicial
ri-u ic’s in ant cit ii or cr”’s,nal proceeding
for e’s t orcemenc or us an cit ii action to
Cnn : enforcement
A • If petitions for ret tea of the same
atr: ( ’ . action hate been filed in tao or
mint. Crited St t s courts of ap,,eals and
(tie A2minis(rator has recetted aritten
flotiC, of the filing of he first such Pet.tion
more titan 30 dats belore receiting uritten
notice oi the fi!’rg of (he sec nd petition
then (tie record shn ,hl be filt- in that Court
in te hich th first petition y , as (iii d If pt-ti
(ions for retip’s of the same agency action
tate been filed in tao or more Un trd
States courts of appeals and the Adminietra
(or has received written notice of the filing
of one or more OCtitions uithin 30 dats or
iy 5 t , aft - receit trig writte’n notice of tile
fihittz of the first Peti ion Lh n the A “—rim-
istralor shall prornpU. ad’. se iii ‘sritutl tne
C Office Of the Called &atcs
Coti t 5 that Pe’ti(ions hace been filed in tv .o
0’ mere Unnte’d Srates courts of appeSIS and
‘.hahl identify eat-h Court for which Pie has
arutten notice that such petinon hate bet-ri
Iihtd aithin 0 days or teas of rec Lng ant-
ten notice of the riling of the first such peti-
tion. Pursuant 10 a system of random selec-
Lion devised for this purpose and aithin
three business da}s after - —citing such
notice from the A ’ ministra- - Ad .zriinis-
trative Office thereupon elect the
court in which the record sha : filed from
a.rnong those identified by the Azdniiiustra.
br Upon notdicacson of such selection, the
Adsninistra or shall promptly file the record
in such c.urt For the purp.se of resie’s o
a ,genc acuon abich has pre ’ .iousl, beers re-
manded to the Admmistrator. the record
shall be filed in the court of appeals ahich-i
remanded such action
iB) Where p tit’,ons base been filed a
tao or more United States courts of appeaj
with respect to the same’ agency action sd
the record has been filed in one of such
Courts pursuant to paragrap (1), the other
Courts in ahich such petitions hate been
filed shall prompti) transfer such petitions
to the United States court 01 appeaLs in
ahich the record has been filed Pending se-
lectioni of a court pursuant to subsection (1>.
any court in ahich a petition has been filed
may postpone the effectise date of the
agency action unul 15 days alter the Admin-
istratite Office has selected the court in
ahich the record shall be filed
IC) An court in which a petition with
respect to an agency action has been tiled
includtng an court selected pursuant to
subparagrapn (A) ma transfer such peti.
lion to an other United States court of ap.
peas for the Coneeiit ’nce 01 the parties or
otheru se in the interest 01 justice
b S ’ c.on 144d-b of the Safe DrinKing
Water Act is amended by deleting 45-dat
in both ptace’ a ‘err it appears arid insert
ing 120 c -s n lieu tisvr of
-t
‘‘ ‘___• 3 \-\-i..-- _i ’-- - 3c3
\ a% .Cn’ - . 5f,. R -c--. t-k 129C
000513
l ’ r
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44- f 4.A tL4 kL
% ¶ r ’ 4I —
t Ot cLGL L QCL
p • (o34i
Sec 15 Ia, Sectv, 1448(a) of the Safe
Drinking Water Act u amended to read as
follows.
“JUDICIAL REVIEW
“Src 1448 (a/Ill A petition for review of—.
‘ (A) action of the Adflilnuty tor in pro-
muica.tiag any natio nj pthnarij dnr.Jcfwg
wa rtj under section 1412, arty
regUlation under sect tcni 1413(b), any regis-
latu ,i kfl&T section l 4 14(c), any reguloiwn
for Stale underground iflject ,e. conlroj pro-
Qramj under section 1421, or any general
regtilation for the a4mintjtration of (hi.,
title ‘nay be filed in the United States Court
0/ App for the District of Columbia, or
in any L’nited Stat, s court aJ appeal, for a
clrcijif in which the petitioner reside., or
transects busi ,j , whi.ch is directly affected
by such action, and
“ f B i action of the 4dm inistrator sn’ ,rrj-
inuigating any other regujat on under this
title issuing an order under ti il., title, or
nIOJcI, any dete ,-y,unagion undcr this title
may be fil,-d only in the United States Court
0/ appe , , .l, (Or a circtsit in ithich the peti-
twiiers re,ules or transact: business which
U directly aJ’ected by such action
Any such petition shall be filed within the
120 day peri d beganni on si te eLate of the
. -PrO ’nitlgae ,o 0 of Cite rfyutafi or wua rice’
OF th Orth’r with respect to Uhich review I .,
‘ought or on the date of th d ,eter ninatgon
with rp 1.0 which reti,w is sought, or
after such date only if the petition u based
soLe l y on gr n jj rhi cli arose after such one
ua tioenLietji tap Ac’twjn cit the
with reSpect Ł0 iWisch review
cOuld have b.e očM4 ed ,i’4e, this s bsec.
Lion thoU not be sisbxet to jij ,T
any civil or criminal prOceadiug for enforce.
ment or in any c lvi! acfltyi to enjoin en.
forremeiit ,
“(2/IA) petitions fOT te’ view of the same
agency action have been flied in two or
w.ore United States Courts of appeals and
tile Adminygtyiztor has received written
notice of the filing of the first such pet titan
more than 30 cLay, before re ewtp,g written
notice of the filing of the second pc!itton ,
then (lie record ghciul be/tied in that court mi
which the first petition wa., filed. If peli
tioa. , for review of the san te agency action
have beg’,, fiLed in two or more Uniteij State,
court .i of appeal, and the Adrni7i i,itrator has
received lcrit e notice of the filing 0/one nr
more pet ittons within 30 days or Ze n, otter
receiving written notice of the filing of the
first p€tition. i/zen the Admi,u,triztor shall
promptly advisc in writing the Admiyiijtra.
hue Office of the United States Court., that
petitions have been filed in two or more
&nitect Statej courts oj appeals, and shall
identify each court for which he tics written
notice that such petitions have been filed
within 30 aayj fir less of receiving written
notice of this filing of the first aitan petition
Pursuant to a syitem of random selection
devised for this purpose, and within three
bLsines. , days after receiving such notice
from the Administrator the AdminIstrative
Office thereupon shall select the court in
which the record s/ tail be filed front among
those identified by the Administralor Upon
notification of such selection, the Adniinis.
frc’. r shall prompLly file the record in such
cci , -F, For the purpose of review of agency
a ’ on which ha previously been remanded
Ic the Administrator, the record Mali be
in the court of appeal, which remanded
Sc ‘i action
BI Where petitions have been filed in
two or more Untied State: courts of appeal.,
with respect to the jams agency action and
the record ha., been riled in one of such
cOurts pursuanl to paragraph (1), the other
court., in which such petitions have been
filed shall promptly transfer su e /i petitions
to Cite 4jmited States court of appeal, in
which the record has been flied. Pending Se-
lection 0/a Court purevant to subsg’ fton (1),
any court in which a petition has been filed
may postpone the effeeiive date of the
agency action until 15 days after the Adntin .
istrej1iv Office ha Selected the court in
which the record shall be fi led.
“(C ’ Any court in which a petition with
respect to any agency action ha.i been filed,
including any court selected pursuant to
enbporvsgrap/i (4), may transfet- such peti-
tion to any other United States court of ap-
peals for the con veuzence of the parties or
otherwise in the interest of justice.
(b) Section 1448(b) of the Safe Drinking
Water Act is amended by deleiing “45.-day”
in both places where it appears and insert
vig “120-days” in lieu the reof
000514
12 ,
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S —
:, t- 3
No c ,
l- 3 ( ‘ ).‘
000515
S crrotr 15. Jurncx.u. Rzvixw
SL MMARY
This section- ee the provisions of section l448(a) governing ju-
dicial review ot ency actions under the Safe Drinking Water Act.
New section 1 448(aXl) provides that an application for review of o 2.. ‘-4
regulations may be filed in the U.S. Circuit Court for the District
of Columbia or in the U.S. Court of Appeals for a circuit in which
the applicant resides or transacts business which is directly affect-
ed by such regulation within one hundred and twenty days after
such regulation is promulgated. Under current law, judicial review
is largely limited to the U.S. Circuit Court of Appeals for the Dis.-
trict of Columbia and applications for review must be flied within
forty-five days.
New section 1448(aX2) establishes a random selection procedure.
to be administered by the A.dmnthtrative Office of the tJruted
States Courts, to determine in an orderly fashion the court of ap-
peals in which a regulation is to be reviewed when applications for
review have been filed in two more courts of appeal.
Following the selection of a single court of appeals, other courts
in which applications have been filed are directed to promptly
transfer such applications to the court in which the Agency record
has been filed. Notwithstanding the outcome of the random selec-
tion procedure, any court in which an application for review h as
been flied would retain the power to transfer the case to any other
court of appeals for the convenience of the parties or otherwise in
the interest of justice.
Conforniing changes are made in section 1448(b).
DI9CU 1ON
The principal purpose of this amendment is to allow the f ing of
applications for review of Safe Drinking Water Act Agency actions
in U.S. Courts of Appeals other than the U.S. Court of Appeals for
the District of Coluinbia.
The justification for centralized judicial review of environmental
regulations is that it eliminates the possibility of conflicting inter-
pretations of the law in different circuits and allows a single court
to develop expertise in this complex area of the law. However, in
the judgment of the Committee these advantages, to the extent
the r exist, are insufficient to offset the di AcJvan ges of centralized
judicial review, which include inconvenience to litigants who do
not reside in Washington. D.C. and an unwarranted concentration
of power in a single tribunal, which may in turn generate undesir-
able politicaj presaure on the appointment of judges. Centralizing
review in a single cSurt may also deprive the law of diverse views
on complex legal issues, and as a result may make the task of the
Supreme Court more difficult. Although other Circuit Courts of
Appeal may not at present possess as much technical expertise as
the D.C. Circuit, the responsibthty of a Court of Appeals is to
review regulations for conformity with law, not to undertake tech-
nical review of regulations.
The random selection process created by section l448(aX2) is in-
tended to avoid the “race o the courthouse” phenomenpn and pro-
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vide for an orderly means of consolidating applications for review
of the same Agency action. This process does not preclude any
court of appeals from exerciaing its inherent pawer of transferring 000 5.. 1 6
an application for review to any other court of appeals for the con- 25
veruence of the parties or otherwise in the interest of justice.
The amendment also changes the period within which an appli-
cation for review of any Agency action must be tiled from forty-five
to one hundred and twenty days. In view of the seriousness of the
possible consequences of a failure to challenge an action of the Ad.
mInlq r r within the prescribed time period, persons who will be
directly affected by a regulation should have ample opportunity to
assess the consequences of such regulation and file an application
for review. A period of one hundred and twenty days provides such
an opportunity.
EVALUATION ov RZCULATORY IMPACT
In compliance with section 11(b) qf the Rule XXVI of the Stand-
ing Rules of the Senate, the Committee makes the following eval-
uation of the regulatory impact of the reported bill.
Section 2 of the bill requires the Administrator to exercise stand-
ard-setting authority already available to the Agency. Public water
systems are already subject to regulation under this section and no
new parties will be made subject to regulation by enactment of this
section in the bill. Additional control requirements will result as
additional conr .amin nts are listed and regulated by the Adminis-
trator. It is not possible to estimate aggregate or individual costs of
this provision because information is lacking upon which to esti-
mate either the level of controls that will be needed to protect
health or the water supply systems that will be found to need addi-
tional controls.
Section 2 also requires the Administrator to promulgate regula-
tions requiring disinfection as a treatment technique for all public
water systems. Under this section, some systems may not be re-
quired to disinfect because of their raw water quality. EPA esti-
mates over 27.000 of the 60,000 systems in the nation do not cur-
rently disinfect. The cost of installing disinfection may range from
Ł0 003 to Ł0.15 per 1000 gallons. Since regulations are not yet avail-
able, it is Lmposeible to make a reliable impact estimate at this
time.
Additionally, this section requires the Administrator to promul-
gate regulations specifying criteria under which filtration is re-
quired as a treatment technique for public water systems supplied
by surface water sources. States are then to deternune whether fil-
tration is required. Almost 5,000 public water systems do not now
utilize filtration. The cost of installing both filtration and disinfec-
tion ranges from Ł0.22 to $5.65 per 1,000 gallons. Until applicable
regulations have been promulgated, more precise estimates are not
available.
The paucity of information that makes estimates of the costs of
section 2 standard setting provisions impossible will be remedied,
in part, by the requirement. ’ of section 8 of the bill that all public
water systems monitor for unregulated pollutants designated by
the Administrator. This requirement will apply to a total of Ł60,000
oublic water systems. Monitoring costs may range from 5OO to
l,00O per analysis. Authorizations of $20 million are made avail-
able to pay for monitoring by the 30,000 smallest public water sys-
10 of the bill requires that additional monito ing require-
ments be promulgated for certain types of underground injection
well operators already subject to regulation. The estimated cost ofi
new requirements may be Ł10,000 to $60,000 per site. The number
of operators subject to the requirement is 198.
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*iC v (t y-v --
, ( E-p,No., ‘I 5b, CLJ- ’-i .) I L 14 . i-s- (‘s),
JUDICIAL RZVIXW b
(SEc. 1448. (a) A petition for review of— 5 1 7
((1) action of the Administrator in promulgating any nation-
al primary drinking water regulation under section 1412, any
regulation under section 1413(bXl), any regulation under sec.
tion 1414 (c), any regulation for State underground injection
control programs under section 1421, or any general regulation
for the adminjjtra on of this title may be filed only in the
United States Court of Appeals for the District of Columbia
Circuit; and
((2) action of the Administrator in promulgating any other
regulation under this title, issuing any order under this title,
or rniiking any determini tion under this title may be filed only
in the United State. court of appeals for the appropriate cir-
cuit.
Any such petition shall be tiled within the 45-day period beginning
on the date of the promulgation of the regulation or issuance of the
order with respect to which review is sought or on the date of the
determinAtion with respect to which review is sought, and may be
flied after the expiration of 8Ucb 45-day period if ttie petition is
based solely on grounds arising after the expiration or such period.
Action of the Administrator with respect to which review could
have been obtained under this subsection shall not be subject to ju-
dicial review in any or crimina .l proceeding for enforcement or
in any civil action to enjoin enforcement.]
JVDICL4J. RRVIEW
Szc. 1448. (aXI) A petition for review of—
(A) action of the Administr r in promulgati rig any national
prim a,-y drinking water regulation under section 1412, any reg.
ulation under section 141St’b), any regulation under section
l414(c), any regulation for State undergrt injection control
prvgram4 under section 1421, or any general regulation for the
admrnj8tratwn of this title may be flied in the United States
Court of appeals for the Thetrict of Columbia, or in any United
States court of appeaLs for a circuit in which the petitioner re-
sides or transacts bu sirieg which is directly affected by 8Uch
action; and
(B) action of the Administrator in promulg j,ig any other
regulation under this title, issuing any order unikr thu title, or
making any determination under this title may be filed only in
the United States court of appeals for a circuit in which the pe-
titioner resides or transacte businese which is directly affected
by 8UCh action.
Any such petition shall be filed within the 120-day j”riod beginning
on the date of th. promulgation of the regulation or issuance of the
order with respect to which review is sought or on the date of the
determination with respect to which review is sought, or after such
date only if the petition i.e &ised solely on grounds which arose after
such one hundred and twentieth day. Action of the Administr,jtor
with respect to which review could have been obtained under this
subsection shall not be subject to judicial review in any civil or
criminal prixeeding for enforcerrient or in any civil action to enjoin
enforcemeriL
(2XA.) If petitions for review of the same agency act .on have been
flied in two or more United States courts of appeals and the Admin-
istrator has received written notice of the filing of the first such pe-
tition more than JO days before receiving written notice of the filing
of the second petition, then the record shall be filed in that court in
which the first petition was filevi If petit ions for review of the same
agency action have been filed in two or more United States courts of
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and th. Administrator has received written notice of the
fVning of one or more petitions wit hi,i JO days or Less after recewing
written notice of the filing of the first petition, then the Adrn;nis.
trato, shell promptly advise in writ ing the Adm&nisgrat C ce of
the United State, Cow-ta thct petitions have been filed in two or
more United States courts of appeals, and shall identify each court
for which he has written notzc that 8uch petitions have been filed
within JO days or Less of recewing written notice of the filing of the
first such petition. Pursuant to a system of random selection devised I
for thu purrx and within three business days after receiving such
notice from the Administrator, the Administrative Office thereupon
shailselect the court in which the record shall be filed from among thcse
identified by the Admingatrrjtor. Upon notification of such selection,
the Adminiatrot,,r shall promptly file the record in such court. For
the purp e of review of agency action which has previously been re-
manded to the Admjnzstr r the record shall be filed in the court
of afipeals which remanded such action.
(B) Where petitions have been filed in two or more United States
courts of appeals with respect to the same agency action and the
record has been filed in one of such courts pursuant to paragraph
(1), the other courts in which such petitions have been filed shall
promptly transfer such petitions to the United States court of ap-
peals in which the record has been filed. &nding selection of a
court pursuant to 8ubeection (12 any court in which a petition has
been filed may postpone the effective date of the agency action until
15 days after the Admjnjggrrj twe Office has selected the court in
which the record shall be filed
(C) Any court in which a petition with respect to any agency
action has been fi1e4 including any court selected pursuant to sub-
paragraph (A), may transfer such petition to any other United
States court of appeal, for the convenie, of the parties or other.
wise in the interest of just rc
(b) The United States district courts shall have jurisdiction of ac-
tions brought to review (1) the granting of, or the refusing to grant, I
a variance or exemption under section 1415 or 1416 or (2) the re-
quirement, of any schedule prescribed for a variance or exemption i
under SUCh section or the failure to prescribe such a schedule. Such
an action may only be brought upon a petition for review filed with
the court within the [ 45-day] 120-day period beginning on the
date the action sought to be reviewed is taken or, in the case of a
petition to review the refusal to grant a variance or exemption or
the failure to prescribe a schedule, within the [ 45-day] 120-day
period beginning on the date action is required to be taken on the
variance, exemption, or schedule, as the case may be. A petition for
such review may be flied after the expiration of such period if the
petition is based solely on grounds arising after the expiration of
such period. Action with respect to which review could have been
obtained under this iub ectio shall not be subject to judicial
review in any civil or criminal proceeding for enforcement or in
any civil action to enjoin enforcement.
(c) In any judicial proceeding in which review is sought of a de-
terminAtion under thia title required to be made on the record
after notice and opportunity for hearing, if any party applies to the
court for leave to adduce additional evidence and shows to the sat-
i noj the court that such additional evidence is material andi
that there were reasonable grounds for the failure to adduce such I
evidence in the proceeding before the Adimni trato , the court may
order such additional evidence (and evidence in rebuttal thereoO to
be taken before the Adm lnlRtrator, in such manner and upon such
terms and conditions as the court may deem proper. The Admini .
trator may modify his findings as to the facts, or make new find-
ings, by reason of the additional evidence so taken, and he shall
file such modified or new flnding,i, and hi recommendation, if any, I
for the modification or setting aside of his original determins tion,
with the return of such additional evidence.
000518
P ‘ ‘
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fl. - ,ld JJ, CCCL&L CL -‘• 3q3
\ E A.. 4ls ,I S )
‘
P.
DUBENBERGER AMENDMENT
‘,‘ NOS.5AND6
Mr. DURENBERGER submitted
two amendments Intended to be pro-
posed by him to the bill (S. 124).
supra; as follows: - - ,
- ‘ ASwroigr No S
Section 1448( 5) of the Safe Drinking
Water Act Is amended to read as follows.
‘ 417D!CLtL RIVtE%
“(A) action of the AdmirilsiraLor t-
water regulation under section 1412. any
section 1413(b), any regu-
latiori under section 1414(c). any regulation
for State underground injection control pro-
grams under sectIon 1421. or any general
regulation for the a&nu,tstratlon of this
title may be filed In the United States Court
of AppeaLs for the District of Columbia Cir.
CUlL 1 CuF) tn , , , United States court of -
bs f r a circuit in which the petitioner re-
sides or transacts business, and
“(s) action of the Administrator In pro-
mulgating any oLhey reg ationtj e this
title, Ls uirig any order under this title, or
making anydeter1nat ep - - le
maybe flied on nil.ed State, court
ciiUIt . 1
such petition shall be tileQ TD1fli- e L20.
on the date of the pro- ,J
mwgatton of the regtiJation or is.suance of
the order with respect to which review is
,sought or on the date of the termination
with respect to which review is sought, and
nv y be filed after the expiration of such
120 .day period Lf the petition is based solely
on gr urds artslrg aster the expiration of
such period, Acu r of the Administrator
a’uh respect to hich review could ha e
been obtained under this subsect ion s
not be subject to judicial review in any c
or crirriina.l proceeding (or enforcement
In any c vil action to enjoin enforcement
2A I L petiuoris for review of the s r ’
agency action have been filed in two
more courts of appeal., and the Adniin ,i
tor has received written notice of the 1i,
of the first such pe’it)on more than 30 daIs
before receiving written notice of the tiling
of the second petition, then the record shall
be flied in that court in which the first peti•
tion was filed if petition,, for review of the
same agency action have been fUed in two
or more court, of appeal., and the Adminis.
trator has received written notice of the
filing of one or more petitions within 30
days or less after receiting written notice of
the tiling of the first petition, then the ,
ministrat j alJprornpyathise in writing
the AdmInistrative Office of the Uiiit d
States Courts that petit ions have been filed
In two or more court, of appeals, and shall
identify each court for which he has writte- )
notice that such petitIons have been filed
within 30 days or less of receiving written
notice of the filing of the first sUch petition j
Pursuant to a s steni o , rando i selection
de d , Uflj sj he AdM1 f?gt1ve
dTfice thereupon shall select the court In
which the record shall be tiled from among
those identified by the Administrator Upon
notification of such selection, the Admuiis.
trator shall promptly file the record In Such
court For the pus-pose of re iew of agency
action which J as previously been remanded
to th Adminj,strator the record shall be
filed in ih court o appeal, which remand.
ed such action.
•(B) Ahere petitions have been flied in
two or more courts of appeal., with respect
to the same agency action and the record
ha been filed in one of such court,a pursu-
ant to paragraph (1), the other court,, In
which such petitions have been flied shaU
promptly transfer such petitions to the
court of appeal., In which the record has
-‘been tiled. Pending seiectioq. 01 acoyrt pur.
suant to subsection U’). any court in whi’ch a
petition ha., been tiled may postpone the ef-
fective date of the agency action until 15
days afterjhe Administratit e Office hes Se-
Jected the court in which the record hal1 be
• filed . • i b
“(C) Any court in a hich a petition with
respect to any agency action has been filed.
including any court selected pursuant to
Paragraph (2 1(A), may tran.sfer such pe’i-
tion to any other court of appeals for the
convenience of the parties or otheraise in
the interest of Justice’
(b) Section 1448(b) of the Safe- Drinking 1
Water Act Is amended by deleting 45’day”
In both places where it appears and insertS
ing ‘120-days’ in lieu thereof.
000519
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000520
5 , No cie; , ‘14 1 j 44 ’
S 4 CI gL4 )
11 JUDICiAL REVIEW
12 SEC. 15.’ (ci) Section l 44 8 ’a) of the Safe Drinking
13 JVatcr Act is amended to read as follows:
14 ‘ JUDiCLrL REViEW
15 “SEC. 1448. ( ‘ z , .) ’1) A petition for review of—
16 “(A) action of the Administrator in promulgating
17 any national primary drinking water regulation under
18 section 1412, any regulation under section 1413 (14,
19 any regulation under section 14 1-1(c ), (tfl regulation
20 for State undergi’ou)j(l. inj(’ctwn control /)1,o [ J rams
2 under 8Cc/iou 112/, or (l1l fjcnc)’(!i ie ju1a1ion for 1/ic
wlmi,1,strat, of 1/us title may be filca’ in 1/ic United
23 Stales Co,i,i of lJ)/)cafs for 1/ic Di tpict of Colunibu,
2 ( i1(il ii, 01’ iii (IIH/ UuI it(l Slates emi it of (l/)Ju’uls for (i
(1 in, it iii U’!! I c/ i the /)efition(’/ 1C3I(/ ,’s 01 luti iisacts bits ,-
iiess: (11 1(1
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1 “(B) action of (he Adminisiratoi in promutga1ii q
2 any other regulation under th title, issuing any order
3 under this title, or makinq ani cle/erm wa/ion under 0 0 052 1
‘4 this title may he filed only in 1h’ United States crnirt
5 of appeals for any appropriate circuit.
6 Any such petition shall be filed within the 120-day period
7 beginning on the date of the promulgation of the regula-
8 tio i or issitance of the order wit/i respect to which review is
9 sought or bn the date of the termination with respect to which
10 review is song/it, and may be filed after th.e expiration of such
11 l2O-clay period if the petition is based solely on grounds aris-
12 ing after the expiration of such period. Action of the Admin-
13 istrator wit/i respect to which review could have been obtained
14 under this subsection s/ia/I not be subject to judici cii review in
15 any civil or criminal proceeding for enforcement or in any
16 civil action to enjoin enforcement.
17 “2 ’A) If petitions for review of 1/Ce same agency action
18 have been filed in two or more courts of appeals and tile Jd-
19 liiifliS(rulor has i’eccivcd tout/en notice of I/ic filing o/ 1/ic
0 firsi sue/i pc/i/ion more thu n 30 (1(11/9 l)efOic receicing ten//eu
? 1 00/iCe 0/ 1/ic /ili hg of 1/ic SCCO nd pCI/liD ii, I/ieii 1/ic reeoi (/ s/ui(l
12 be fileil ii) 1/1(1/ COil if in wli ic/i the fii. I pc/ /lion icus fil(’(/. J/
2 /)(1l1iOi1 /OP 1(’CICW of 1/ic S(l Ifle u!/(’ncy ( IC/i on ha ye heeii jiled
? I iii 1ii () 0)’ mOle Coil I /.‘ of (1/)/)CU/. ’ (111(1 liii’ . 1(111 1 10 islie’ifoi /1(15
:2. ieee! red ii ’iiIIeii ii oh CC 0/ I/ic /1/1 111/ oJ 01CC (II 1/CO/C pc/il U) /15
-------
1 within 30 days or less after receiving written notice of the
2 filing of the first petition, 1/ten ‘the Administrator shall
3 promptly advise in writing the Aclmi iistrative Office of the 0 0 5 22
4 United States Courts that petitions have been filed in Iwo or
5 more courts of appeals, and shall identify each court for
6 which he has written notice that sue/i petitions have been
7 filed within 30 days or less of receiving written notice of the
8 filing of the first such petition. Pursuant to a system of
9 random selection devised for thi purpose, the Administrative
10 Office thereupon s/tall select the court in which the record
11 shall be filed from among those identified by the Adminisira-
1? for. Upon notification of sac/i selection, the Administrator
13 slicihl promptly file the record in sue/i court. For 1/ic purpose
14 of review of agency action which has previously been remind-
15 ed to the Administrator, 1/ic record s/tall be filed in Ike court
I (3 of appeals wluc/i remanded sac/i action.
17 “(B) TT’herc petitions have been filed in two or more
IS cou,’ts of appeals wit/i re. pec/ to Ike same agency action and
I ) 1/ic r(’COl(i has been filed in one of site/i courts /)t1iSlldIlit to
2O /)(1l(UJl(l/)/l (1), the oi/i ,’ coal/s in mu ic/i Sue/i petitions hare
21 heeti filed 51 1(1/1 /)rOlnpIly Ir(insfer such petitions to I/ic (01111
:2:2 of (1/)/le(lls ill ii !! i c/ I I/u ’ P(’(’Oiil luis been ft/wi. I eiu/iiuj .wlec-
2; Iioii oJ (i (0 1( 11 /)li )‘SlIU Ii i 10 1i/) eC/lOii (1), (1111/ (‘OIl et in irk ic/i
a petit ion has /s’en filed lli(l// /)o //)olie I/ic effective i/ate of I/ic
-------
°°0523
I ii ’ iu V ‘iii /n i, /jf 7. (lU!/S 1/Ier i/i c A(]lfliflj sfpatu.’e Office
ini I, (if’ ,! i/ ’ roii if in w/j ic/i the record shall be filed.
:; (1 ‘) Jn!/ ouut in ic/lie/i ?i petition wit/i respect to any
I e/q(’n( ii ( 1(11011 has been filed, including any court selected
.5 /)ill. 1l(1/l1 to p(1rOfJi’ap/l (2, (A), may transfer such petition to
\
G aug oIlier court of appeals for the convenience of the parties
7 or otherwise in the interest of justice. “.
(1)) Section 1448(h, .) of the Safe Drinking Water Act is
9 aincndcd by deleting “45-day” in both places where it ap-
10 peals and inserting “120-days” in lieu thereof.
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000524.
C VVtJW . S. 2 4 9 . 303
9 L ”+tj L C1 I) ‘ 2 ,4.
-t
Section 15. Judicial review
This amendment revises the provisions of section l 4 48(a) of the
Safe Drinking Water Act governmg judicial review of Agency ac-
tions.
As amended, section l448(aXI) provides that a petition for review
of a generally applicable regulation may be filed in the United
States Court of Appeals for the District of Columbia Circuit or in
any other U S. Court of Appeals for a circuit in which the petition-
er resides or transacts business that is directly affected by such
regulation, and a petition for review of any other regulation, order,
or determination may be filed in the court of appeals for any ap-
propriate circuit. Under current law petitions for review of general-
ly applicable regulations may only be filed in U.S. Court of Appeals
for the D C. Circuit.
In addition, the period within which a petition for review must
be filed is changed from 45 days to 120 days from the date of the
action with respect to which review is sought.
New section l 448 (a)(2) establishes a random selection procedure,
to be administered by the Administrative Office of the United
States Courts, to determine in an orderly fashion the court of ap-
peals in which an agency action is reviewed when petitions for
review have been filed in two or more courts of appeals.
Following the selection of a single court of appeals other courts
in which petitions have been filed are directed to promptly transfer
such petitions to the court in which the agency record has been
filed. Notwithstanding the random selection procedure, any court
in which a petition has been filed retains the power to transfer the
petition to any other court of appeals for the convenience of the
parties or otherwise in the interest of justice. P i
Conforming changes are made in Section 1448(b).
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°00525
° Th JY’ &PA- t - 0
SEC. 304. MISCELLANEOUS PROVISIONS.
(a) RzpEAi... —Sectjo 1442(e) of the Safe Drinking Water Act is
repealed.
(b) Co ’E HEALTH Emcrs Ass 8M N ’r. —The Adminja- H p A ‘1
trator of the Environmental Protection Agency shall conduct a
comparative health effects assessment, using available data, to corn- H
pare the public health effects (both positive and negative) associated p S
with water treatment chemicals and their byproducts to the public
health effects associated with contaminants found in public water
supplies. Not later than iS months after the date of the enactment
of this Act, the Administrator shall submit a report to the Congress
setting forth the results of such assessment.
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000526
C 41,
Re-f’. i k q-. , qq4I .
SEC S3 . MISCELLANEOUS PROVISIONS .
(a) Rzpw. .—&ctwn l4.4 2(e) of the Safe JJrinking Water Act is re•
b)C TzvE HzAi r EFFEC-1 A ”r.— Adm in is-
trutor of the Envimnrnental Pmteetion Agency shall conduct a corn.
p.vutiue health effects assessment; using available data, to compare
the public health effects (both positive and negative) associated with
water treatment chemicals and their byproducts to the public health
effects associated with contaminants found in public water supplzeg.
Not later than 18 months after the date of the encctm g of thzs
Act; the Administrator shall submit a report to the Congress setting
forth the results of such assessment.
And the House agree to the same.
That the Senate recede from its disagreement to the amendment,
of the House to the title of the bill and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment to the title of the bill insert the following: “An Act to
amend the Safe Drinking Water Act”.
And the House agree to the same.
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P t A.
1401 r w (14)
1401 (10).........
PiOB
tAI li
TABLE OF SECTIONS Of SAFE DRINKING WATER ACT AFFECTED BY THE SAFE DRINKING WATER ACT
AMENDMENTS OF 1986—Co tjnu
pL 9
Ad c)T lv c tI
Pill
14 1 1 ( 1)
1412(e) R J ——
1 442( 1) new
N ew 144 1(g)
144 3 (i) ) ?) new it
l413( )(1) new flwxs.
1443b)(2) tie. sw ua,
1443(b)(5) w
1 4 4 1(d)
1 4 4 5(a) —______________
1445(a) rae. (2)—(7) —
14 15(a) r (8)
14 45(c)
1440( 1) ______________
New 1451 -___
301(d)
304
3 01( a)
107. 301(4)
— 302(d)
.. -_ ._.301(b)
— - 302(d) (2)
— IOU;)(3)
106 1)(b)
106
30 1( h)
-—-—— --- - - 106(c)
303
302
Cb-r 1 J 9 ik.. O-Y Co p. Rep. No. 9 -
1 2cN ,u.
SECTION 3O4—MISCru NgO ys PROVImONS — I CL &
000527
Comparative health effects
Senate bilL—The Senate bill has no provision.
House amendment—The House amendment requires the Admin-
istrator of the EPA to conduct a comparative health effects assess-
ment, using available data, to compare the relative effects on
public health associated with water treatment chemicals and their
byproducts to the eflects on public health associated with contam.i-
nants found in ‘public water supplies. ThL AdminiRtrator is re-
quired to submit a report to Congress, within 18 months of the date
of enactment, on the findings of the assessment.
Conference agreement—The Conference agreement is to modify
the House language to require the Admmistrator to compare the
public health effects (both positive and negative) associated with
water treatment chemicals and their byproducts to the public
health effects associated with contaminants found in public water
supplies.
TABLE Of SEC11ONS Of SAFE DRINKING WATER ACT AFFECTED BY THE SAFE DRINKING WATER ACT
AMENDMENTS OF 1986
S d
Pt
302(b)
302( 8)
14 (2(b)(1) (2)(3)(4)(5)(5)(7)(8)
1112(b)(4) (S)(6)(9)(IO)( 11)
1412(8) (9)
——
— 1010)
—____ —._ — 101(b)
101(c)
.
14 12(e )..
—._ 101(3)
1113( i)(1)
10 1(e)
14 14( i)(l)(A)
—
— .—__.. 101(c)
—————
14140)(1)(8)
—— — -
—— 1020)
11 14( i)(2)
——_ 102(b)
14I4(b)
1414(c)
lll lrw w(g)
14I5(i(l A)
102( 8)
102(c)
— .__ 103
102(d)
104
105( a)
———— —
—
1416 (8)
New ILIJ
PiilC 2 0 1(a)
1421(b)(2)(A) ______________________________________________________________ 1Ol(c)(4)
1420( 1) — — 201(i)
1422(c)(I) 302(c)
l lflrrw(,) 202
1423.._ — — 2 0 1(a)
1425(a)(I) — _______________ 201(b)
Ne 1426 — — —__ 203
New 142?(a )—(m) — —— —— — 301 ( l)
New 1427 (e) ____. __._ .___ . —.——————-—.——-——.——— — — __ _ 205
Ne, 1424 — . _____ .__ . _ .•_ — . ——— ———— ———.— ————.—— — —___._ 3 0 1( s)
Mew 1428(8) _____ _ .__ ._____________ — ..— ——— —
1431 ______. — — — —--———— — .—— — — ——
1131 — —
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H.’ 4 °
4 ‘ cj ,.- 1 . i’ , ic s)
S Sit. )WCELLtS .IO4 P*(Th1S tO I
(a) R L— ect 1442(e) c i the Safe
Drinking Wi,ter Act re e*Ied.
(bi CO’ipAa .tTivi Hw.rn E)wzra 05 28
—The Admu ’iislr..&or of the Ennron-
ieneiJ Pr ection Agency a.hs.ii conduct a
he&th eiIec eut.
1fl* IT&&& e La , to the ret uve
Tech bUc he,,Mh aoa1 ed c ith
thet ls &r their by-
oducU 10 Use (Iecti 00 iJt hetiLt’i
ted wXb n JVAFI.IDU 1 nd In pub c
wi .ei ’ VJ ŘI . $0 1. isher than 1$ w iOnt hS
4t ’ tile .o .e OS the c e n of thai Act,
the A& ’ toy ia.U r. ift a report to
the Coc t2zl( forth the . t. of
H f
(_c - . ’v-v —
SEC 302 MISCELLA EOL3 PROYISIO ’lI.
(a) REPEAL—3e tIOn i4ibeJo( the Safe Dnnkjng Water - ct is reoealed TI’ . , R . p. t’\o • c: ’v\ —
(b) COMPARATIVe HZALT ’)l Ei wi, Ass jsi g , ,i’y —The .Aaministrator ot the Envi. IT
ronmental Protection Agency ihiJI conduct a comparative heaich eifects a.ssessment, t 1 ‘ . ( , - ‘ ‘ —t
using available data, to compare the relative etfects on public heaith associated with
water treatment chemicaj, and their byproduch to the ei(ect., on public health asso-
dared with contaminan found in public water supplies .\ot later than b months ‘ ‘ . ‘ ( ‘
after the date of the enactment of this Act, the Admini. trator snail Submit a report
to the Congress setting iorth the reaulta 01 sucn asieaamenL -
RESEARCH, TECHNICAL ASSISTANCE, INF0RMA ON TRAINING OF
PERSONNEL
SEC. 1442. (aXi) ‘ I
S • S S S
[ (e) The Administrator is authorized to make grants to a public
%sater s stem which is required, under State or local law, to meet
standards relating to drinking water turbidity which are more
stringent than the standards in effect pursuant to this title. Such 7
grants shall be used by the public water system for the develop-
ment and demonstration (Including construction and installation)
of any water filtration system which will demonstrate a new or im- ‘ ‘& l R ,ia N o,
proved method of meeting such more stringent standards ,]
(1) There are authorized to be appropriated to carry out the pro. ‘ - ‘I
visions of this section other than subsection (aX2XB) and provisions . “i s ( C 1 ç )
relating to research $15,000,000 for the fiscal year ending June 30,
1975; $25,000,000 for the fiscal year ending June 30, 1976;
$35,000,000 for the fiscal year ending June 30, 1977, $17,000,000 for
each of the fisCal years 1978 and 1979; S21,405,QoŘ for the fiscal
year ending September 30, 19S0; $30,000,000 for the fiscal year
ending September 30, 1981; and $35,000,000 for the fiscal year
ending September 30, 1982. There are authorized to be appropri-
ated to carry out subsection (an2)(B) $8,000,000 for each of the fiscal
years 1978 through 1982. There are authorized to be appropriated to
carry out subsection (aX2XB), ‘4,OOO,OOO for the fiscal year 1985,
$4,000,000 for the riscal year 1987, 84,800,000 /br the fiscal year
1988, and $4,800,000 for the fLscaf ear 1989 There are authorized
to be appropriated to carry out the proviszo of thi 5 Section (other 1
1/ian subsection (g, subsection (aX2XB), and provisions relating to
research), $29,200,000 for the fi.scal )‘ear 1986, $29, !00.OOO for the 1
fiscal year 1987, 29,040,000 for the fiscal year 1988, andj
$29,0. O,000 for the riscal year 1989.
(g) The Admintst ’ator is authorized to provide technical as ist .i
ance to small publ4c water systems to enable such systems to ac/riet’e 1
and maintain compliance with national drinking water regulcnzo,is
Such assi.stance may include “Czrcuit.roder” programs training, andl
preliminary engineering studies. There are authorized to be appro -l
fiscal )ear 1,986 through 1989.
priated to carry out this subsection, $10,000,000 for each of’ the/
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d MfÔ a C8- . —
j 9. RF4 N cc-, 3 ) - ( q q)
‘MIBCILLANEOUS PROVISIONS
Drinking Water Act repeaIed. 1 P 000529
&ctio’i $02
Th ion repeals the Administrator’s authority to make 1
&
gTUnL8 to a public water system which is required under State on
ocal law to meet standards relating to turbidity which are more R - —10
itnngent than the standards under the Act.
\- 0 C
16 MISCELLANEOUS PROVISIONS , \ * ‘\ 4 - .-ootu ce
17 SEC. 302. Section 1442(e) of the Safe Drinking Water C,ovi ..
\ ,cR. 5 1
18 Act is repealed.
RESEARCH, TECHNICAL ASSISTANCE INFORMATiON, TRAINING
PERSONNEL
SEC. 1442. (aXi) ‘
S S S * S S
[ (e) The Administrator is authorized to make grants to a
water system which is required, under State or local law, t
stendards relating to drinking water turbidity which are
stringent than the standards in effect pursuant to this title
grants shall be used by the public water system for the d
ment and demonstration (including Construction and instal
of any water filtration system which will demonstrate a new
proved method of meeting such more stringent standards.]
(f) There are authorized to be appropriated to carry out ti
VISIOnS of this section other than subsection (a)(2)(B) and pro
relating to research $15,000,000 for the fiscal year ending Ji.
1975, 25,000O0O for the fiscal year ending June 30,
$35,000,000 for the fiscal year ending June 30, 1977, $17,000,(
each of the fiscal years 1978 and 1979, $21,405,000 for the
)ear ending September 30, 1980; $30,000,000 for the fisca
endIng September 30, 1981; and $35,000,000 for the fisca
ending September 30, 1982 There are authorized to be apt
ated to carry out subsection (a)(2)(B) $8,000,000 for each of th€
years 1978 through 1982 Theje are authorized to be appropric
carry out subsection ‘aA 2XB ,’ $11,300 000 for t/z fiscal year
$11joo ooo for the fiscal year 1987, $11,300,000 for the fisco
1.988, and $11,300,000 for the fiscal year 1.989 There are au/h
to be appropriated to carry out the provz.s,o,zs of this section
1/ian subsection g), subsection (ak2XB), and proL’z,çzon relat
research) $47,000,000 for the fiscal year 1986’, $47,000,000 /
f sca / ‘ear 19$7, $47,000,000 for the fiscal year 1988,
$ . 7.000.000 for the fiscal year J9$g ,
Ig) The Administrator is authorized to provide technical
(1’UC to small public water Systems to enable sac/i sy.stenzs to a
cs,id ma lntcjjn complzanc with national drinking water reguic
Such a.ssis(ance may Include ‘czrcujt.rzder’ programs, trazriinj
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