Dbtrlct WELLHEAD PROTECTION IMPLEMENTATION TRAINING Developing Management Approaches Cauwukn VERTICAL PROFILE C^ouna Zone of Conir.buoon ,Y/zmr /0Md§ Zcr.g of Influanca »-j Prt pumping WaivLivel I Cor* a Dvrtson PLAN VIEW Oirecson at i f G/ourd Waiw Fkrw Drawdawn Cortourt Gvirrt Wiar Owd» ------- INTRODUCTION TO MANAGEMENT STRATEGIES Wellhead managers used to think that wellhead protection was as simple as erecting a fence around the area to keep vandals out. Now we know that there an much more serious threats to wellhead areas in the form of contamination that can come from outside the immediate wellhead area. For example, accidents on a adjacent highways that result in chemical spills can contaminate wells as can leaks from the underground storage tanks at gas stations. Thus, wellhead protection must extend beyond traditional boundaries to include all of the land located in the contributing area of a well. Management of land-related activities is usually the responsibility of local governments (eig., towns, counties, tribal governments, etc.) After communities assess the types and seriousness of potential threats to their water supplies, it is important that they follow through with the development and adoption of management measures that can minimize the identified threats. Many tools or techniques are available to local governments to help them effectively protect public (and private) drinking water supplies for present and future use. These tools can be. regulatory, non-regulatory, or legislative. There is a limit to the extent to which a local government may regulate private property. The fifth amendment to the U.S.,Constitution provides the assurance that private property may not be taken for public use Without compensation. This provision has been interpreted to mean that a local government land may not adopt regulations that would deny a landowner the use of all of his or her land unless compensation is provided. Local regulations may be adopted, however, that limit the use of land (e.g., prohibiting commercial uses or high density residential development), provided these restrictions are necessary to protect public health, safety, and welfare. Protection of water supplies is considered a necessary element in protecting public health. The U.S. Constitution also requires that persons may not be denied certain rights without due process of law. Substantive due process requires that regulations only be adopted for legitimate purposes -- the public health, safety, and welfare -- and that the actions required be directly related to the objective sought. For instance, if the purpose of a regulation is the protection of a particular public water supply, the regulation should not include provisions restricting land development in areas that da not impact that supply. Regulatory options include adoption of regulations. Local governments typically rely on a combination of zoning, subdivision, and health regulations to protect their water supplies. Further detail is provided about each of these regulations later in this module. Non-regulatory options include voluntary actions undertaken by local government or individuals to protect ground water. Further detail is provided about these options later in the module. ------- Legislative options aic usea ip cases wnere local government does not have the authority to undertake a particular action. In this case, local governments must obtain state or federal legislative approval for a desired action. For example, in th< case where a water supply transcends several jurisdictional boundaries, a local government may seek adoption of a regional water resource protection law to control land development outside .its jurisdictional boundary. Legislative authority may also be necessary to supplement local authority over land development. In some states legislation may be necessary to supplement current land management authority. For example, legislative approval may be necessary to permit control of existing versus future land uses in a WHPA or to develop alternative fundinq mechanisms for a community. A summary matrix of the range of management strategies available to local government is presented on the following pages. The instructor may Wish to reproduce and distribute this matrix prior to or following conducting the lecture on management strategies. ------- SUMMARY OF WELLHEAD pROTECTION TOOLS . Applicability 10 Wellhead Proleclion Land Use Practlco LegalConsiuorsiions Admlnlslralli/aConaldamilon* . Regulatory: Zoning Overiay GW Protection Oislricls Used to map WH^As. Provides lor identification of sensitive areas for protection. Used In conjunction with other lopls;that follow. Community idantilios WHPAs on, practical base/zoning map. ' Well accepted method of. identifying sensitive areas. May face legal challenges if. WHPA boundaries are based solely onartibrary delineation Requires stall to devolop overlay map.'. Inherent nature of zoning provides 'grandfather* protection to pro- existing uses and structures Prohibition of Various Land Uses Used within mapped WHPAs tc .prohibit known ground-water ' contaminants and uses that generate contaminants. Commuity skdopts prohibited uses list within their zoning ordinance. Well recognized function of zoning. Appropriate technique to protect ' natural resources from contamina- tion . Requires amendment to zoning ordinance. Requires enforcement by both - visual inspection and on-site investigations. Special Permitting . Used to restrict uses within ' WHPAs that maycause grounc water contamination if left unregulated. Community adopts special permit 'thresholds* for various uses and structures within WHPAs. Community grants special permits for "threshold" uses only if ground water quality will not be compro- mised., Well recognized method of segregating land uses within critical resource areas such as- WHPAs. Requires case-by-case analysis to ensure equal treatment of applicants. Requires detailed understanding - of WHPA sensitivity by local permil granting authority. Requires enlorceifient of special permit requirements and on-site investigations. Large-Lol Zoning Transfer of.Development Rights Used to reduce impacts of residential development by limiting numbers of units within WHPAs. Communi., m*... iv increase minimum acreage needed for residential develop- ment. . . ' l Used to transfer development Irom - WHPAs to locations outside WHPAs. Community oilers transfer option within zoning ordinance. Conrynu- nity identifies areas whero development is to be transferred "Irom" and "to". I Well recognized perogative of. local government. - Requires rational connection between minimum lot size selected.and resource protection goals. Arbitrary large lot zones have been struck down without logical connection to Master Plan or WHPA program. Accepted land use planning tool. Requires amendment to zoning ordinance. Cumbersome administrative requirements. ' Not well suited lor small commun ties without signilicant administra live resources. Rourofi: Horsloy &.Wilton, In ------- Applicability lo WallhnflH PrAlttrtlAn Land UkA'Pr'arllM Ctuster/PUD Design used to guide residential Community oilers cluster/PUD as developmentoutside ol WHP development option within zoning Allows for "point source* dis- ordinance, charges that are more easily Community identifies areas where monitored. cluster/PUD is allowed (i.e. within WHPAs). wiuwui vunuoi»iimmg Used to time the occurence of development within WHPAs. Allows communities the opportu- nity to plan lor wellhead deline- ation and protection. '¦Community Imposes growth Ixmlrols in the form of building caps, subdivision phasing or other limitation tied to planning concerns. Performance Standards Used to regulate development Community identities WHPAs and within WHPAs by enforcing pre- ¦ establishes 'thresholds* for watei. determined standards for water quality. • quality. Allows for aggressive protection ol WHPAs by limiting development within WHPAs. to an accepted level. Regulatory: Subdivision Control Drainage Requirements Used to ensure that subdivision road drainage is directed outside of WHPAs. Used to employ advanced engineering designs of subdivision roads within WHPAs. VPmmunny aoopis stringent subdivision rules and regulatipns to regulate road drainage/runoff jn subdivisions within WHPAs. Legal Considerations ' Administrative Considerations Slightly more, complicated to administer than traditional 'grid* subdivision. Enforcement/inspection require- ments are similar to 'grid* subdivision. Well accepted option lor residen- tial land development. Well accepted option for. communi- ties faqing development pressures within sensitive resouroe areas. Growth controls may be chat-. lenged il they are imposed without a rational connection to the resource being protected. Generally complicated adminlstra tive process. Requires administrative stall to issuo permits and enforcement growth control ordinances. Adoption of specific WHPA performance standards requires sound technical support. Performance standards must be enfqfcjed on a case-by-case basis. Complex administrative require- ments to evaluate impacts ol land developimant within WHPAs. wen accepted purpose ol - subdivision control. Requires moderate level of inspection and enforcement by administrative stall! Source: Horsley & Witten, Inc. ------- Regulatory: Health Regulations Underground Fuel Storag. Systems Applicability to Wellhead Protection Used to prohibit underground fuel storage systems (UST) within WHPAs. Used to regulate UST's within WHPAs. ~ Land Use Practice Community aaopts health/zoning ordinance prohibiting USTs within WHPAs Community adopts special permit or performance standards for use of UST's within WHPAs.. Legal Considerations ' Well accented regulatory option lor local government. Administrative Con»IH»rnll«n« Prohibition of USTs require little administrative support. Regulating USTs require , moderate amounts ol administra- tive support (or inspection follow- up and enforcement: Privately-Owned Wastewater Treatment Plants (Small Sewage' Treatment Plants) u^ea to pronibit Small Sewage Treatment Plants (SSTP) withii WHPAs. Community adopts health/zoning ordinance prohibiting SSTP's within WHPAs. Community adopts special permit, or 'performance standards lor use ol SSTP's within WHPAs. Wall accepted regulatory option for local government. Prohibition ol SSTP's require little administrate support, i Regulating SSTP's require ntoderate amount of administrative support for inspection folloWup and enforcement. Septic Cleaner Ban Used to prohibit the application of . certain solvent soptic cleaners within WHPAs, a known ground water contaminant. Community adopts health/zoning ordinance prohibiting the use of sqptic cleaners containing 1,1.1- Trichloroethane or other solvent compounds within WHPAs. Well accepted method of protecting ground water quality. Difficult regulation to enforce even with sufficient administrative support Septic System Upgrades Used to requiro periodic inspection and upgrading of septic systems. Community adopts health/zoning ordinance requiring inspection and, if necessary, upgrading of septic systems on a time basis . (i.e. every 2 years).or upon title/ property transfer. 1 . wen accepted purview ol government to ensure protection of ground water. ' .Significant administrative resources required lor this option to be successful Toxic and Hazardous ¦ Materials Handling Regulations Used to ensure proper handling and disposal of toxic materials/ 'vaste. Community adopts health/zoning ordinance requiring registration and inspection of all businesses within WHPA using toxic/ hazardous materials above certain quantities. ^/ell accepted purview of government to ensure protection ol ground water. Requires administrative support and on-site inspections. Source: Horslev ft WitterV Inc. ------- " Applicability to Wellhead Protection Land Use Practice Private Well Protection Non-Regulatory: Land Transfer and Voluntary Restrictions Salo/Donation Used to protect private on-site water supply wells. Land acquired by a community within WHPAs, either.by purchase ' ordonation. Provides broadpro toe lion to tho ground water supply. Community adopts health/zoning ordinance to require permits lor new private wells and to fensure appropriate well to septic system setbacks. Also requires pump and water quality testing. As non-regulatory technique, communities generally work in partnership with non-profit land .conservation organizations. Conservation Easements Can be used to limit development Similar to sales/donations', within WHPAs. ' conservation easements are generally obtained with the assistance ol non-profit land conservation organization. Jmited Development As the title implies, this technique Land developers work with . limits development to portions ol a ' community as part ol a cluster/ land parcel outside ol WHPAs. PUD to develop limited portions ol ' a site, and restrict other portions. - particularly those within WHPAs. ¦Jon-Regulatory: Monitoring Used to monijor ground water quality within WHPAs. Communities establish ground water monitoring program ^ithin WHPA! Communities require developers within WHPAs to monitor ground water quality downgradient Irom their development. Legal Considerations I Well accepted purview of government to ensure protection ol ground water. Administrative Considerations Requires administrative support and review of applications. Thore are many legal conse- quences ol accepting land for donation or sale from tho private sector, mpstly involving liability. Same as above. Similar to those noted in cluster/ PUD under zoning. Accepted method of ensuring ground water quality. There are fow administrative requirements involved in accepting donations or sales of land from tho private sector. Administrative requirements lor maintenance of land accepted or purchased may be substantial, particularly !! the community does not have a program for open space maintenance. Similar to those noted iri|cluster/ PUD under zoning. Requires moderate administrative stalling to ensure routine sampling and response if sampling indicates contamination. Sameyas above. • I' Source: Horsley & .Willen, Inc. ------- Applicability to Wellhead Protection Land Use Prodlce Contingency Plans Used to ensure appropriate Community prepares a contin- response in cases ol contaminan gency plan involving wldo' range of - release or other emergencies. municipal/county officials, within WHPA. . . Hazardous Waste Collection Used to reduce accumulation of hazardous materials within WHPAs and the community at large. Communities, in cooperation with the state, regional planning commission, or other entity, sponsor a "hazardous waste collection day" several limos per year. Non-Reaulatoiv: Public Friiiru»iinn . Used to inform community residents of the connection between land use within WHPAs and drinking -water quality.1 Communities can employ a variety ol public education techniquep' ranging from brochures detailing their WHPA program to seminars to involvement in events such as hazardous wasle collection days. Legislative: Regional WHPA Districts Used to protect regional aquifer Requires stale legislative action to systems by establishing new create a new legislative authority, legislative districts that often transcend existing corporate, boundaries. Land Banking Used to acquire and protect land* Land banks are usually accom- within WHPAs. plished with a transler tax . established by state government empowering local government to impose a tax on Ihe transfer of land from one party to another. . I Legal Considerations Administrative Considerations None naijuiiBs signincani up-rroni planning to anticjpate and be propa/od for emergencies. There are several legal Issues raised by the collection; transport and disposal of hazardous waste.. Hazardous waste collection programs are generally sponsored by government agencies, but administered by a private contractor: No outstanding legal considera- tions. Requires some degree of administrative support for prbgrams such as brochure mailing.to more intensive support' for seminars and hazardous waste collection days. Well accepted method of protecting-regional ground water resources. - Administrative requirements will vary depending on the goal of the regional district 1 Mapping of the regional WHPAs requires moderate administrative support while creating land use controls within Ihe WHPA will require significant administrative personnel and support. Lapd banks can be subject to legal challenge as an unjust tax. but have been accepted as a legitimate method of raising revenue for resource protection. Land banks require significant administrative support if they are to function effectively. ------- Regulatory Tools Introduction Local governments must have statutory authority to adopt specific-'regulations for water supply protection. The ability to adopt regulations for water supply protection is considered an extension of a government's police power, The police power includes all the inherent abilities of sovereign governments and is generally considered to be the power to regulate human activities to protect the public health, safety, morals and general welfare. Since local regulatory powers are derived from the police power of the state, a state's enabling legislation describes the extent of local authority to adopt regulations. Regulatory actions provide the basis of almost every land use management program. When properly administered and enforced, they provide a high degree of certainty or certainty or control over land development; Actions which depends solely on voluntary commitment do not provide as great of assurance that they will be met. Another advantage of regulatory programs is that they provide a high leve of protection at comparatively little cost. Through local regulation; private landowners may be required to undertake actions which are beyond the economic capability of a local government (for instance, water quality monitoring). However, with a high level of local support for wellhead protection, it may be difficult to persuade local decision-makers to adopt comprehensive regulations. There is a limit to the extent to which a local government may regulate private property. The fifth amendment to the U.S. Constitution provides assurance that private property may not be taken for public use without compensation. This provision has been interpreted to mean that a local government may not adopt regulations that would deny a landowner the use of all of his or her land unless compensation is provided. Local regulations may be adopted, however, that limits the use of land, (e.g., prohibiting comnriercial uses of high density residential development), provided these restrictions are necessary to protect public health, safety, and welfare. Protection of water supplies is considered a necessary element in protecting public health. The U.S. Constitution also requires that persons may not be denied certain rights without due process of law. Substantive due process requires that regulations only be adopted for legitimate purposes -- the public health/ safety, and welfare -- and that the actions required be directly related to the objective sought. For instance, if the purpose of a regulation is the protection of a particular public water supply, the regulation should not include provisions restricting land development in areas that do not impact that supply. ------- Local governments typically use zoning, subdivision and health regulations to restrict the types of land uses which occur in WHPAs, their location and design, and their impact on water quantity aind quality. Case studies and examples for these regulations are used to illustrate how each tool mav be used hv Inrai government. The following pages provide a brief outline/guidelines for the drafting of reguiatio for wellhead protection. ------- Some Guidelines for Writing Wellhead Protection Reaulations In many respects the most difficult part of wellhead protection is developing regulations -- ordinances and bylaws -- designed to correlate with mapped wellhead protection areas. With increasing attention focused on the extent to which local government can regulate private property, it is important that local government officials develop regulations that will sgstain court scrutiny; The following are key questions regarding th^ defensibility of a ground water protection reaulation. 1. Does your government have the aluthoritv to reaulate for omnnH wator protection? While local governments generally have the ability to protect ground water resources, the power to regulate land uses; issue, permits, or assess fines for violations may be limited to specific boards or agencies. Make sure you have identified the enabling statute that your regulation is working under and the appropriate board or agency that Wijr assume.the new regulation. 2. uoes your regulation(s) directly address the problem to be solved? This question is best addressed by including a purpose or intent statement in the ordinance and then ensuring that all aspects of the regulation are focused on the overall purpose or intention. For example, "It is the purpose and intent of the Ordinance to protect the ground waters of by regulating land use and development within areas identified as wellhead protection zones more fullv described../' 3. Is your regulation in compliance with procedural requirements specified by the enabling legislation? Many state statutes set forth strict procedural guidelines for the adoption and amendment of local regulations, holding of public hearings, public notice requirements and so on. Unfortunately, too often these requirements are not taken seriously. And while regulations that are invalidated by courts on procedural grounds rarely make the news, they far outnumber the regulations thrown out due to substantive reasons. ------- 4. Is the regulation based on solid technical data including delineation of ground water protection areas and contaminant source assessment? Protecting ground water requires the "marriage" of science, planning, and law. Th« most logical plans and well drafted ordinances may still fail if the delineation is inaccurate, arbitrary, or inconsistent with known facts. If your regulation is based on an "interim" delineation, make sure the ordinance reflects this and allows for more refined delineations at some point in the near future. 5. Does your regulation limit itself to the protection of knowflground and/or surface water resources? Remember, the regulations should apply only to those areas of the community that lie within the delineated or mapped areas.. Even if the entire community overlies a productive aquifer, be careful that the regulation isn't overly broad, so broad that the.regulation can be successfully challenged on this point alone. 6. Does your regulation contain a severability clause? Severability clauses allow the court to sever individual sections of the ordinance from the body of the regulation, usually with invalidating the whole. These clauses don't always work, but are a good idea, particularly for long, cumbersome regulations. 7. Does the regulation provide for enforcement and penalties? What good is the regulation if it can't be enforced or if penalties can't be assessed? Once again, make sure the board or agency assigned to enforce the regulation has the power to do so. Similarly, make sure the penalties the board can levy are within the allowable limits established by the enabling legislation A ------- Zoning Ordinances/Bylaws Introduction Local governments receive their statutory authority to adopt zoning regulations from state enabling legislation. All fifty states have zoning enabling legislation for municipalities and many states also have zoning enabling legislation for counties. An amendment to the state enabling legislation may be necessary in cases where the ability to adopt local regulations for wellhead protection is unclear. Legislative action is necessary to amend state enabling legislation. If Indian tribes will attend the slide show/workshop, the instructor should become familiar with Indian, versus local government, land rights. Indian tribes receive their statutory authority to adopt zoning regulations from their tribal constitution (if any) or tribal resolutions. An amendment to a tribal constitution may be necessary to provide zoning authority. The mechanism used to amend tribal constitutions varies and is specified in each tribal constitution. Tribes which dp not have a constitution may be require approval from the Secretary of the Interior to adopt zoning. More detail about Indian land rights has been prepared and is available as part of Module 7. Zoi.my 111 no oiiii^icoi iuiiii iiiayuc ucimcu aa inc uivisiuii Ul IdllU IIHU aiSlTICtS Wlin different regulations. Zoning has been used by local governments since the early, 1900's, with the first comprehensive zoning ordinance in the United States being adopted by New York City in 1916. Historically, local governments adopted zoning to alleviate land conflicts. Knowledge of the link between land development and water quality is relatively recent, and many local governments with zoning have not adopted their provisions with Water resource protection in mind. One purpose of this'slide show is to demonstrate how a local government can revise its existing zoning ordinance to better provide water resource protection. The zoning map presents the location of various districts, and the zoning ordinance (or bylaw) specifies the regulations for each district, towns in New England adopt zoning bylaws versus zoning ordinances. In the example, industrial and commercial development is allowed along the major highway, with residential development being allowed in the remainder of the town. The appropriate location for various uses varies for each community-no two communities are alike. Some communities may allow a mix of uses in some districts (F.e. mixed use commercial and residential developments). In many states, zoning enabling legislation does not allow governments to adopt zoning regulations which would apply to existing, versus future land uses.. For this reason, zoning is generally most Useful in directing future development. Other actions may be taken to lessen the impact of existing development (for example, tax breaks for landowners which provide certain environmental benefits). ------- Points Local governments receive their statutory authority to adopt zoning regulations from the state enabling legislation, or in the case of Indian tribes from their tribal constitution Zoning is one of the oldest land use controls used by local governments and has been since the early 1900s Historically, local governments adopted zoning regulations to minimize conflicts between varying land uses Zoning is used to divide a political jurisdiction into zones or districts, with each district being assigned for particular land uses and having different development restrictions. Zoning is most useful in directing future development, as opposed to changing existing development. In some casies, local and tribal governments may be restricted from adopting zoning regulations.applying to existing uses ------- ZONING ORDINANCES/BYLAWS TANEYTOWN, MD, CASE STUDY This case study provides an example of why it is important for local governments to review their zoning ordinances to identify potential, water resource protection conflicts; Taneytown is a small agricultural community located in Carroll County, i north-central Maryland. The town's zoning provides for industrial/commercial development, residential development, and conservation. A major portion of the wellhead protection area, however, is zoned for commercial and industrial development, which poses a major contamination threat to the town's water supply. There have been problems with contamination in the past. The availability of drinking water is a major concern to Carroll County. Previous reports prepared for the county indicated that many communities can expect to experience water shortages jn the future unless action is taken to ensure adequate water quality and quantity. With this in mind, the county commissioned two firms to delineate wellhead protection management strategies. As a result of the dieiineation of Taneytown's^wells, both the town and county realized that current zoning ordinances are actually directing commercial and industrial firms to locate within the community's wellhead protection area. The following are examples of uses that are generally prohibited in wellhead protection areas because they pose major threats to water quality and quantity: o Underground storage tanks that may leak resulting in releases of hazardous materials; o " High risk industries, including those that typically involve the use; storage, or transport of hazardous materials (e.g., dry cleaning establishments, photo processing plants, beauty salons, plastics manufacturing plants, electroplating factories, etc.); o Landfills that may leak, releasing leachate containing hazardous materials; and o Facilities requiring large water withdrawals extract large volumes of water from aquifers thereby reducing:.the water available for public supply purposes; in coastal areas, extraction of large volumes of water can result in salt water intrusion. Depending on the individual circumstances of a local government's wellhead protection area, it may be appropriate to prohibit other uses (e.g., on-site septic systems or open storage of agricultural fertilizers in areas with high-nitrate-nitrogen concentrations). ------- Zoning Ordinances/Bylaws Overlay District Local governments adopt overlay districts to. protect a range of resources includii wellhead protection areas, surface watersheds, and wetlands. They can also protect development from natural threats by identifying floodjrone areas and unstable land. Communities often find that the land areas which are critical for the protection ol resource do not follow existing zoning district boundaries. Therefore, instead of revising zoning district boundaries, overlay districts ma be adopted. Overlay zoni involves taking an already zoned area and overlaying an additional zoning district and regulations on that land area. To establish an overlay district, the community must delineate the area necessary for protection of a resource (i.e. WHPA). Once a community knows which areas impact its water supplies, an overlay zoning district is adopted within which additional controls apply. Landowners located in a zoning district must meet zoni requirements specified in both the underlying zoning district. In cases of conflict, the more restrictive regulation applies. When adopting overlay districts, a local government should tailor its regulations t< address the specific threats to each well. The types of threats may vary for each well in town. For instance, one WHPA may have a considerable amount of programmed industrial development. In another well field, the primary threat may be use of agricultural fertilizers or pesticides. Therefore, different management controls may. be necessary for each Aquifer Protection Zoning District Key Points • Communities adopt overlay districts to protect a range of resources includin wellhead protection areas, surface watersheds, and wetlands or to protect from threats such as floods • . To establish an overlay district, the community/tribe must delineate the are* necessary for protection of a resource (i.e. WHPA) • Once a community knows which areas impact its public ground water supplies, an overlay district is adopted within which additional land use controls apply • Examples of land use controls include prohibiting or restricting certain uses, or imposing performance standards and site design requirements. ------- Overlay zoning involves taking an already zoned area and overlaying an additional zoning district and regulations on that land area A community/tribe may. tailor its management strategies to minimize specific threats to each well (i.e., different management controls apply for each aquifer protection district) ------- Zoning Ordinances/Bylaws Overlay District . Case Study The EPA has conducted training workshops across the nation on management strategies for wellhead protection. A$ a logical step in training; a pilot project was undertaken in Region 9 to provide locally-specific training to a series of rural communities. One of. these communities is Descanso, CA. In Descanso, community officials.were.contacted to collect background information regarding hydrogeologic setting, description of the water supply system, water quality, pumping information, land use and government structure. Wellhead protection are delineations and inventories of potential contamination sources were conducted, li Descanso, the most common source of contamination to wells is septic systems. There is ho public sewer facility and residential dwellings rely on site-septic systems for wastewater disposal. The number of potential septic systems is directly related to the residential density allowed by zoning. Management approaches were evaluated for Descanso, including the adoption of a wellhead protection overlay zoning district. ------- Zoning Ordinances/By jaws Use Prohibition The remaining zoning tools presented are techniques which a local government ma use to protect water quality in its wellhead protection overlay district. Prohibition of land uses such as gas siations, sewage treatment plants, landfills or other activities involving the use, storage or disposal of toxic and/or hazardous materials in areas especially sensitive to environmental harm (such as WHPAs) is one tool available to ensure ground water protection. A community may prohibit uses which threaten ground water once it has determined the boundaries of its wellhead protection overlay districts. The slide presents a photo of a gasoline station. If located in a WHPA; spills and leaks associated with gasoline stations may contaminate underlying ground water. To minimjze this threat, many local governments prohibit gasoline stations using underground fuel storage tanks in their WHPAs. The following are examples of uses that generally prohibited in wellhead protection areas because they pose major threats to water quality and quantity: • Underground storage tanks that may leak resulting in releases of hazardous materials; • High risk industries, including those that typically involve the use, storage, 01 „ transport of hazardous materials (e.g., dry cleaning establishments, photo processing plants, beauty salons, plastics manufacturing plants, electroplating factories, etc.); • Landfills that may ieak, releasing leachate containing hazardous materials; • Facilities requiring large water withdrawals extract large volumes of water from aquifers thereby reducing the water available for public supply purposes; in coastal areas, extraction of large volumes of water can result in salt water intrusion. Depending on the individual circumstances of a local government's wellhead protection area, it may be appropriate to prohibit other uses (e.g., on-site septic systems or open storage of agricultural fertilizers in areas with high-nitrate nitrogen concentration). ------- ZONING ORDINANCES/BYLAWS: SPECIAL/CONDITIONAL USE PERMITS Local/tribal governments may allow some sources of contamination to occt so long as certain conditions are met. Golf courses represent one example of this Because golf course greens are generally maintained with fertilizers and pesticides they represent a threat to ground water quality. By using a special permit process a local government may impose conditions to minimize, potential negative impacts In cases where golf courses are proposed within a wellhead protection area and a special permit or conditional use permit is required, local governments may require an integrated pest management (IPM) program and a monitoring program. As pari of the IPM program, the golf course would be required to develop a specific program to reduce fertilizer and pesticide applications through adoption of non- chemical controls. As part of the IPM, the golf course also would submit a report describing its unique physical setting, typical pest problems, proposed maintenanc practices, and the propiosed strategy to reduce and respond to.pest problems, Th< IPM program also should be supplemented with ground water and surface water monitoring to ensure that water quality is maintained. KEY POINTS o Local/tribal governments may identify uses that are only allowed in wellhead protection areas if certain conditions are met (e.g., if the uses do not threaten the well's water quality). o These uses require a special use or conditional use permi o These permits provide an added opportunity for evaluation of a project's potential impacts before it is approved: o A special/conditional use may be required to meet specific performance standards before a permit is issued (e.g., no handling of toxic or hazardous materials). o The special/conditional use permit process is useful when a particular use may not pose a major threat to-a water supply, provided certain precautions are taken. ------- ZONING ORDINANCES/BYLAWS: PERFORMANCE STANDARDS Performance standards are based on the assumption that a given resource has a threshold beyond which its ability to function deteriorates to an unacceptabU level. Performance controls assume that uses are allowable in a designated area provided that the use or uses do not and will not overload either natural or man- made resources. The gdvanioyc ui using penormance sxanaaras is mat they focus additional regulations on specific impacts without burdening all uses in a zoning district; therefore, they regulate development impacts without prohibiting development. A good example of performance standards designed to protect water supplies from excessive contaminant loading is the establishment of "critical" threshold limits as the bottom line of. acceptability. The Falmouth, Massachusetts, case study, which foljows, provides an example of this type pf performance standard. One of the disadvantages of performance standards is that there is no assurance that the standards will be met over time. Therefore, monitoring and enforcement are necessary. Review standards also must be clear and objective. To prevent potential court challenges, performance standards should not be subjective. Both the land owner and the decision making body must be able to determine definitively whether an action meets a mandated performance standard. Performance standards have been adopted nationwide to protect ground water. One example of this is the limits on nitrogen loading to ensure sufficient time of travel and allow remediation of spills as well as reduce overall risks associated with projects (e.g., a nitrogen loading standard of 10 milligrams per liter (mg/l) per house lot could be used to limit the number of bedrooms per house). The Falmouth case study also provides an example of the use of a nitrogen loading standard. KEY POINTS o Performance standard establish thresholds beyond which the impact of a use or activity is unacceptable. Such standards may be qualitative or quantitative, but should, not be arbitrary. Selection of the thresholds requires supporting information, such as from the scientific literature or state or federal documents. Reference to other communities' standards also may be useful. o Performance standards.may be adopted to limit the impact of allowed tises located in wellhead protection areas. ------- o There is some risk in relying on performance standards to protect ground water because there is no assurance that standards will be met over time. Therefore monitoring and enforcement are necessary to ensure compliance. As a condition of approval, developments must meet nutrient loading performance standards specified in the Water Resource Protection District and Coastal Pond Overlay District. Land owners and decision makers must take the following steps to determine if a development is subject to the nutrient loadina nerformanre standard: ------- Zoning Ordinances/ Bylaws Performance Standards Case Study Falmouth, MA The Falmouth, MA case study provides an example of the use of nitrogen loading performance standards to protect water quality. The town of Falmouth is located .on Cape Cod in Massachusetts. This coastal town is bordered to the south and west by water and contains several coastal ponds and pubiic supply wells. In the early 1980's, town leaders biecame concerned about the impact of future development on their water supplies. In 1983, the town conducted a water resource study to assess potential impacts of existing and future development on water quality. The zone of contribution to the town's wells and recharge areas to its ponds were delineated, and one of the first land use/buildout analyses were conducted to predict development impacts to the town's waters. The build out analysis indicated that their current zoning provided for a level of development which w,ou|d exceed the carrying capacity of its water supplies. Through zoning, the town adopted a water resource protection district and a coastal pond overlay district to limit development impacts to its wells and ponds. The Water Resource Protection District was adopted to prevent degradation of the town's public water supplies. This district was adopted as an overlay district and includes specific use regulations, site design regulations, density regulations, and lot coverage limitations. The Coastal Pond Overlay District was adopted to protect the quality of the town's coastal ponds and harbors. As a condition of approval, developments must meet nutrient loading performance standards specified in the Water Resource Protection District and Coastal Pond Overlay District. Land owners and decision makers must take the following steps to determine if a development is subject to the nutrient loading performance standard: The developer must determine whether the proposed development is located in the Water Resource Protection District or Coastal Pond Overlay District; If the development is located in one of these districts, the developer must project future levels of nitrogen loading for the proposed development; If the projected level of nitrogen loading is within the limits specified in the zoning ordinance, the project may be accepted; If the projected level of nitrogen exceeds mandated levels, the developer must propose mitigating measures which will reduce nitrogen loading to below the threshold standard; and 1. 2. 3. 4.. ------- 5. The decision-maker reviews the proposed development and mitigation measures and determines whether the nutrient loading standard is met. Typical sources of nitrogen include on-site sewage disposal systems, lawn fertilizers, agricultural fertilizers, storm water runoff and atmospheric deposition. Mitigation measures would include actions aimed at reduciiig each of these nitrogen sources. For instance, a reduction in housing density or provision of public sewer service would reduce nitrogen loading from on-site sewage disposal systems. A limitation on lawn sizes would reduce nitrogen released due to lawn fertilization. Agricultural nitrogen loading assessments may be conducted to more accurately determine the amount of nitrogen necessary for the production of healthy crops, thereby discouraging excessive application levels. Storm water may be pre-treated to reduce nitrogen levels before it is discharged to nearby waters. The available nitrogen loading models predict an average concentration. Actual concentrations are expected to vary above and below the average over time, therefore, 5 mg/l is commonly selected as a planning goal.* For example, nitrogen concentrations may be expected to vary seasonally because while wastewater (septic systems) flows remain constant year-around, diluting natural water recharge from precipitation is large during the non-growing season and minimal during the summer growing season. Key Points • Town leaders became concerned about the impact of future development on their water supplies • In 1983, the town conducted a water resource study to asses potential water quality impacts • The zone of contribution to the town's wells and the recharge areas to its ponds were delineated • Through zoning, the town adopted water resource protection districts and a coastal pond overlay district to limit development impacts to its wells and ponds • • As a condition for approval, developments must meet nutrient loading performance standards specified in the town's water resource protection districts and coastal pond ,overlay district • The developer must estimate future levels of nitrogen loading for proposed development ------- Typical sources of nitrogen loading include use of on-site sewage disposal systems, lawn fertilizers and storm water runoff The development may be accepted if projected levels are below the performance standard Mitigating measures must be proposed if the projected levels exceed the • performance standard threshold Mitigating measures might include a decrease in density, a reduction of dwelling size (number of bedrooms), extension of public sewerage service, ;o restrictions on lawn fertilizers. The available nitrogen loading models predict an average concentration. Actual concentrations are expected to vary above and below the average over time, therefore 5 mg/l is commonly selected as a planning goal. For example, in much of the country nitrogen concentrations may be expected t< vary seasonally because while wastewater (septic system) flows remain constant year around, diluting natural ground water recharge from precipitation is large during the non-growing season and minimal during the , summer growing season ------- Zoning Ordinances/Bylaws Cluster and Planned Unit Development (PUD) Cluster and Planned Unit Development (PUD) are two tools which are similar in concept and serve as an alternative to standard grid-style development. In the following slides the instructor should discuss the advantages of adopting cluster and PUD zoning provisions. Typically, a zoning ordinance will contain two sets of standards, one for standard grid-style developments, and another fnr rincter nr PUDs. Cluster development provisions reduce zoning requirements for minimum lot sizes, frontage and building setbacks, allowing smaller residential lots to be clustered wit resulting land savings preserved as open space. Cluster development is most commonly used to refer to residential subdivisions. The purpose of cluster zoning is to give proponents greater design flexibility, to preserve open space and avoid distributing natural features, to reduce the amount of impervious surfaces allowed thereby promoting ground water recharge and storm water pollutant attenuation^ and to reduce the costs of road and utility construction. PUDs provide a clustered development pattern while allowing a range of land uses or varying residential types within a development. Subdivision and zoning regulations apply to the development as a whole, rather than individual lots. PUDs provide greater flexibility in site design thereby promoting comprehensive site development planning and allow the opportunity for innovative mixed-use developments, larger contiguous open spaces and better retention of natural features. Developments may be designed in a way which places structures in areas with least impact to nearby surface waters and WHPAs. For cluster and planned unit developments, the number of residential units and commercial/industrial square footage may be the same as that allowed in conventional developments, or may include a density bonus if desired features (such as greater open space, water quality protection measures, architectural standards, or affordable housing) are provided. Cluster and PUD zoning provisions must: 1) specify the minimum land size for eligibility, 2) establish guidelines for open space uses, maximum impervious surface areas; ownership and maintenance, and 3) define allowable density and density bonuses, if any. In the past ten years many local governments have realized the drawbacks to conventional grid-style development. Grid-style developments consume large amounts of land and do little to promote retention of open space and natural features. Cluster and PUD provide an alternative to this development pattern. Many local governments require that proponents of large developments provide two sites plans presenting a development with a conventional and clustered design. Through its zoning ordinance, the local government would then reserve . The right to approve the site plan which best protects the government. ------- Key Points Cluster or Planned Unit Development (PUD) requirements may be used through zoning as an alternative to standard grid-style subdivision design Cluster development generally refers to clustered residential subdivisions PUDs provide a clustered development pattern while allowing a range of lane uses or. varying residential types within the development. PUDs may include large-scale developments, for example, a resort community with homes, , restaurants and recreational facilities. ' Cluster and PUD requirements typically allow smaller minimum lot sizes, ^ frontage and building setbacks, thereby allowing lots to be clustered togethei with resulting land savings providing common open space. • Advantages of cluster development and PUD include: greater design flexibility thereby encouraging sensitivity for natural features and protection of open space, increased recharge resulting from reduced impervious surfaces due to reduction of road requirements, and reduced road and utility costs. • The same technique may be used to protect water quality in a case where a portion of a parcel is located in a WHPA. A development may be clustered in the portion of the parcel located outside the WHPA, with the remainder of the parcel remaining as open space • Cluster development may be used to reduce environmental impacts to water supplies while meeting a range of community goals, such as protection of agricultural areas. ------- Zoning Ordinances/Bylaws Transfer of Development Rights (TDR) Note: TDR is an effective, but complex, zoning tool used for wellhead protection. Due to its complexity, this tool should only be introduced to audiences experienced in basic zoning techniques. The idea of TDR is based on the premise that a parcel of land has an assortment of different "rights" associated with it. The value of these rights, such as the right of possession, access, development type and density, are defined, in part, by government actions such as zoning. A TDR program allows a landowner to > separate his or her right to develop the land, as permitted by zoning, from other rights associated with the land, and to sell those development rights. ' To implement a TDR.program, a local government would prepare a plan designating the parcels or districts from which development rights could be transferred (a"sending" or "donor"parcel), and the parcels of districts which would receive those development rights and which could develop at a higher degree than allowed by the underlying zoning district (a "receiving" parcel). A sending parcel or district, typically has some importance to the local government. For instance, the sending district might be a WHPA to its public supply well, or land nearby its surface water bodies. The receiving district should be able to accommodate additional development beyond that allowed as-of-right by zoning In selling his or her development rights, a landowner would gain the cash value of the land's development rights and would retain title to the land. A perpetual easement t)f some other development restriction would be recorded with the deed of the sending parcel. The purchases of the development rights gains the ability to develop the receiving parcel at a higher intensity than that allowed by the underlying zoning district; The instructor may wish to discuss the advantages and disadvantages of a TDR program. Use of TDR has many advantages. TDR promotes development in locations which are best able to haridle more intense use, and allows a community to project lands Which are environmentally sensitive and should not be intensely developed at little public cost. TDR compensates property owners for inequities that may arise when land use regulations restrict the use of land. There are many disadvantages to TDR. To establish a legally defensible program required careful planning and study. Implementation costs are high. TDR will only work in an area with a growth economy and strong real estate development marker capable of profiting from the bonus density given to receiving districts. As a result, the success of this tool in preserving open space is affected by fluctuations in the real estate marker. TDR will only work in an area which possesses strict land controls and enforcement. A landowner will not purchase development rights in an ------- area where increased density limits are freely given upon request to the local zonin< authority. Additional difficulties include assessing the value of development ricihts with appropriate density increases. In the example shown on the slide, the WHPA-is programmed for residential, commercial and industrial development. A local government may use IDR to reduce development in its WHPA without denying the landowner's development rights. TDR is a voluntary program-landowners cannot be forced to sell their development rights. ------- ZONING ORDINANCES/BYLAWS: TRANSFER OF DEVELOPMENT RIGHTS Transfer of development rights (TDR) is an effective, but complex, zoning tool that is based on the premise that land has different rights associated with it (e.g., right of possession, right of access, right of development type and density). The values of these rights are defined in part through zoning. For example, zoning in a community provides a mix of residential, commercial, and industrial development in the wellhead protection area. To protect water quality, thev community may designate industrial and commercially zoned lands located in the wellhead protection area as a "sending" or "donor" area. Development rights in this area may be transferred to another portion of town referred to as the "receiving" area. To implement a i un program, a pian is prepared designating the parcels or districts from which development rights may be transferred (i.e., the sending or donor area). The parcels or districts that would receive those development rights and that are allowed to develop at higher densities than are allowed by underlying zoning are called the "receiving" area or district. Key Points • In the receiving area, a landowner may purchase development rights from landowners located in a donor area. • For example, in the receiving area a landowner may purchase the right to construct a 5,000 square foot business. Based on zoning, the qnwe in the receiving area already has a right-to construct a business on his or her land, Through development rights in the donor area, the landowner may develop an additional 5,000 square feet of business space. • In the example, the donor parcel remains undeveloped and the receiving parcel develops at a higher intensity than is allowed by the underlying zoning district (Le. 10,000 square foot commercial space for 1 acre of land) • The advantage of .TDR is that the community may protect sensitive land with relatively little public cost, while providing economic options to landowners ir sensitive districts ------- Subdivision Control! Introduction Subdivision regulations are adopted to control the division of land into lots suitable for building. .Subdivision controls were first adopted as land platting legislation. toward the end of the 18th century to provide an orderly system for identification of lot boundaries. Over time, it became apparent that subdivision controls could b< used to accomplish additional purposes, such as improving site design and layout, ensuring adequate access and utilities, and protection of environment quality. The approval process for subdivision regulations varies among states; however in most areas subdivision plans are reviewed and approved by a local board before land division may occur. A local government should refer to its state enabling legislation to determine the correct procedure for adoption and amendment of subdivision regulations, and approval of subdivision plans. Subdivisioi) regulations may be adopted by local governments to provide protection of public water supplies and other water resources. Local governments may stipulate subdivision design, utilities, engineering standards and construction practices which must be met in subdivision plans. Two key areas which local governments may stipulate requirements for WHP are drainage standards and impervious surface requirements. In addition, dependent upon state enabling legislation, local governments may be capable of stipulating on-site wastewater controls and erosion and sedimentation control requirements. Key Points- • - Subdivision regulations control the division of land into two or more lots • Depending upon state regulations, subdivision plans usually are reviewed and approved by a local board before land division may occur! • Local/tribe governments may stipulate subdivision design, utilities, engineering standards and construction practices which must be met in subdivision plans • Key areas in which local/tribal-governments may stipulate requirements for WHP arie drainage standards, septic system standards and densities, and impervious surface requirements ------- Subdivision Controls Drainage Standards Poor drainage design may result in water quality degradation. Historically, drainag systems were designed solely to prevent problems of flooding iri subdivisions with little thought being given to the impact of drainage on nearby waters. Site engineers commonly directed storm water drainage to curb and gutter drainage systems which discharged storm water directly to streams. The result was a loss of recharge to ground water underlying a subdivision, and degradation of surface waters due to the discharge of pollutant-laden storm water. Street drainage requirements may be included in subdivision regulations to ensure ground water recharge and minimize surface water degradation. Subdivision regulations may require that arty increase in storm water resulting from development be infiltrated on-site and pre-treated to remove contaminants before it is discharged to ground; water or. surface waters. Typical storm water control measures are discussed with the next slide, Subdivision regulations are useful in controlling the impacts of future, versus existing development since their requirements apply to proposed developments. However^ a local government may work with existing landowners to correct existing problems associated with poorly designed subdivisions, In the case of existing subdivisions, it is likely that the local government would bear the cost for improvements. • • • Key Points • To promote recharge, local/tribal governments may require that storm water drainage be infiltrated on-site versus through a curb and gutter system • Street drainage requirements may also be included in subdivision control regulations to require pre-treatment of road runoff to reduce contaminant levels before it is discharged to ground waters or surface waters. • Subdivision regulations are useful in controlling impacts of future, versus existing, development • With a curb and gutter system", storm water may be released to streams located outside the ground water recharge area to a well, resulting in loss of recharge to the well ------- Subdivision Controls Drainage Controls Several measures are available to ensure that storm water is retained on-site or to provide pre-treatment of storm water runoff to improve water quality. A variety of control structures may be used: storm water ponds, infiltration trenches, infiltratior basins, porous pavement, grassed swales and constructed wetlands. These contra structures take advantage of the following physical and /or biological mechanisms to encourage on-site infiltration and reduce pollutant loadings: sedimentation, biological assimilation, filtration, and adsorption. The following is a summary of measures commonly used by site planners. Storm water Ponds Storm water ponds are designed to hold runoff for ah extended period of time in order to reduce flooding, and to remove suspended solids (silts, etc.) and their associated pollutants (metals or organic compounds adsorbed to particles). History has shown that if storm water is detained for 24 hours or more, as much as 90% removal of pollutants is possible. Therefore, storm water ponds may provide significant, water quality benefits. In addition, storm water ponds may be designed to encourage ground water recharge by infiltrating storm water through the pond bottom after storm events. Infiltration Basins or Trenches Infiltration basins or trenches trap and hold runoff until it percolates into the soil. To function properly a site must have permeable soils and adequate (at least 2-4 feet) depths to bedrock and water table to allow percolation. Porous Pavement Porous pavements, if constructed correctly, can eliminate any need for further pollution treatment because they act to infiltrate precipitation into the ground before it has a chance to become surface run-off. To function properly, porous pavement must be constructed over permeable soils and gfently sloping land to prevent run-off. Porous pavement can remove both suspended and dissolved pollutants. The major disadvantages-to use of porous pavement are its tendency to fill up with sediments and crack during freeze and thaw periods, ------- Grassed Swales Grassed swales are constructed, grass-lined channels that utilize flat slopes or grasses to direct runoff and remove particulates. In many cases, grassed swales serve as an alternative to standard curb-gutter drainage systems since they are generally less expensive and allow at least some storm water infiltration and pollutant removal on-site.Swales aid to control peak discharges through reducing run-off velocities and allowing infiltration. Constructed Wetlands Wetlands may be constructed on-site as an extension to storm water ponds. Whe properly designed and constructed, man-made wetlands mimic a natural wetland's ability to remove large amounts of dissolved and suspended materials from run-off flow. Constructed wetlands are generally very successful at handling storm Water run-off generated on-site, but are expensive to construct and maintain. ------- Subdivision Controls Impervious Surfaces Impervious Surfaces (i.e. paved surfaces and rooftops) function as storm water runoff sources because little or no precipitation can infiltrate through these materials and into the soil. Ground water recharge may be.reduced in cases wh^n storm water runoff is directed to curb and gutter drainage systems or nearby surface waters. Paved surfaces (roads, sidewalks and parking lots) also function a collection areas for a wide variety of pollutants: silts;oils and greases, volatile organic carbons, animal wastes, metals, suspended solids, nutrients and salts. Local governments may adopt impervious surface area requirements to ensure maximum ground water recharge. ------- HEALTH REGULATIONS: INTRODUCTION Health regulations are adopted by local governments to protect public health While zoning and subdivision regulations are adopted to control development in general, health regulations are usually contaminant-source specific (e.g., to minimize impacts from septic systems, underground storage tanks, toxic and hazardous materials, abandoned well, etc.). Depending on the location, health regulations may be adopted by the town/city/county/tribal council or by iocalboards of health. Local governments should review their state enabling legislation to determine the appropriate mechanism and procedures for approval. The following are examples of typical health regulations: • Nitrogen loading standards may be adopted to control the amoUnt or concentration of nitrogen generated on-site due to use of on-site sewage disposal systems. For example, a health regulation may stipulate maximum nitrogen loadings (by limiting sewage flows) per acre of land in WHPAs. • Ground water monitoring may be required for approval of developments utilizing underground storage tanks or on-site disposal systems, or involving storage, handling or generation of hazardous materials. • On-site inspection programs may be adopted to ensure the proper design, construction and operation of disposal systems, wells, underground storage tanks, etc. • Permits may be required for installation of currently private shallow wells to ensure thejr proper placement and construction. Most states do not regulate the placement of new domestic wells with respect to septic systems. Usually, only the reverse is true; new septic systems are regulated within respect to existing domestic wells. • Well cliq&ure requirements may be adopted to ensure that wells are properly abandoned and will not serve as a potential source of ground water contamination. For instance, vandalism may result in contamination of ground water supplies fn cases where wells are not properly glosed and protected after use. • Well installation requirements may be used to minimize cross-contamination between soil layers during installation. These regulations are especially important in protecting ground water supplies in cases where contamination has occurred at the soil surface but the water table is several hundred feet below the land surface. ------- Jnderground fuel storage requirements may be adopted to minimize the risl f spills in WHPAs. Local governments may prohibit use of underground fi torage tanks in WHPAs or may require secondary tank containment and eriodic testing and monitoring. These regulations suDDlement existinn sderal and state laws on USTs. iewage discharge permits may be required by a local government to provid iting and design criteria. A local government ma^rohibit use of on-site ewage disposal systems in cases where existing nitrate nitrogen oncentrations present a health risk: ocal governments may adopt regulations to control the design, location, laintenance and monitorina of small sewanp treatmpnt niarwte eptic tank cleaners typically include hazardous materials. A local overnment may adopt a health regulation banning use of septic tank leaners containing solvents in WHPAs. The instructor may also wish to iscuss the importance in banning septic tank cleaners in .areas dependent o rivate wells for drinking water. t many older areas, septic systems are prone to failure and are not properly esigned and located to minimize ground water contamination. Local overnments may adopt health regulations requiring that older systems be pgraded and/or pumped periodically. oxic and hazardous materials handling requirements may be adopted to linimize the risk of spills in WHPAs. ------- Health Regulations Case Study Merced County, California Merced County is located near San Jose and provides an excellent example of a regulatory program aimed at public and private well contamination and closure. T majority of water used in the county is obtained from ground water, These watei are subject to degradation in quality. Primary cases of water quality degradation < threat to public heajth include the following: a) siting wells in suitable locations (for example; nearby on-site wastewater disposal systems, animal confinement areas or storm water ponds); . - b) improper well construction leading to cross contamination through allowing contaminated water on the surface and subsurface strata to flow down the well casing, thereby contaminating usable ground water; c) poor maintenance and lack of monitoring; and d) . improper well abandonment or destruction leading to potential contamination through vandalism or entry of contaminated water fron surface and subsurface sirata. In response to these concerns, Merced County adopted regulations n 1988 specifying requirements for well location, construction, maintenance and abandonment to ensure protection of ground water quality. To ensure compliance with regulations, a permit is required from the health officer before construction or abandonment of any well. Health Regulations Case Study Chatham, MA The town of Chatham, Massachusetts, is a coastal community located on Cape Cod. The town relies on a sole source aquifer for its drinking water. Nearby coastal waters also provide important fin-fish and shellfish habitat. ------- Septic systems iare a source of ground water contamination. As with many historic communities, several residents rely on out-dated cesspool systems for their wastewater disposal. In response to concern about the impact of failing and improperly functioning wastewater systems, the town passed a health regulation requiring septic system inspections during: 1) real estate transactions or^ 2) before issuance of a permit to expand alter or change any pre-existing structure which does not meet current land use regulations. A disposal system must be replaced in cases where it does not meet current state design requirements. The regulation has led to the upgrade of many on-site disposal systems in towrh ------- NON-REGULATORY WELLHEAD PROTECTION TOOLS i^on-reguiaiory 100.1s .ao not involve land regulation; insteau, mcy muuuc negotiations for land acquisition, ground water monitoring, and public education and also often involve the expenditure of Dublic funds. Land Acouisition Land acquisition -- acquiring title to all or part of the land within the wellhe protection area - is generally regarded as the most effective method of ground water protection. Whereas regulation of land provides some protection, it often i: only temporary. Land acquisition, hovyever, provides permanent protection. The cost of acquiring land within a wellhead protection area often is far less than remediating a contamination incident several years later. There are a range of Ian acquisition techniques available to local governments, including donations, purchases, and conserviation easements. From a financial perspective, land donations are attractive means of acquirii land. Incentives for land donation include a variety of tax savings such as elimination of estate or capital gains taxes and real estate taxes as well as loss of insurance and maintenance costs. A portion of the value of the donation also ma' be deducted from federal and state income taxes. It is unlikely, however, that a coordinated land acquisition strategy will be accomplished through donations aloni Many local/tribal governments are willing to purchase selected parcels of lai that are considered especially significant for wellhead protection. Market value an bargain.sale purchases are two types of land sale options. Market value purchase occurs when a buyer pays a landowner the full market value of his or her land, given current market conditions. With a bargain sale, the property is sold at less than its fair market value. The difference between the fair market price and the bargain sale price often qualifies as a charitable contribution and frequently qualific for a deduction from federal and state income taxes. An easement is a restriction in the use of a landowner's property. Easements can be positive (e.g., the right of access across someone's land) or negative (e.g., the requirement that land remain as undisturbed open space). Through an easement, the local government can restrict all or a portion of property to open space or limited development uses. Often, the local government pays the landowner for the value of the easement. The landowner retained ownership, and the property is usually taxed at a lower rate because of its restricted use. The easement remains in effect (it runs with the land) as the landownership changes in the future. ------- Ground Water Monitoring Ground water monitoring is an essential element of any wellhead protection program. Monitoring helps a local government measure the effectiveness of it's source controls, demonstrate compliance with drinking water standards and provides early detection of contamination thereby alio vying adequate response time for remediation. A ground water monitoring program consists of regular sampling of Wells for contaminants. When setting up.a monitoring program,"a local government must identify the types of contaminants being measured. The correct three dimension) placement of monitoring wells and screens varies depending on the type of contaminant measured, as well as the ground water flow systems. A monitoring program should be designed to identify all sources of contamination of concern ft a public supply well. Ground water monitoring programs can be coordinated with other, on-going monitoring efforts in the community. For example, EPA regulations require leak detection systems for commercial underground storage tanks, and monitoring requirements exist for several other federal and state environmental programs, Key Points • A ground water monitoring program consists of regular sampling of wells f< contaminants • The program may apply to all or a portion of the wellhead protection area • Monitoring helps a local/tribal government measure the effectiveness of its source controls and compliance-with drinking water standards, and provide; advance warning of contamination. • A local/tribal government should identify the contaminants which will be monitored. The correct placement of monitoring wells varies depending on the type of contaminant being monitored. • Monitoring wells must be correctly screened to pick up contaminants ------- Water Withdrawal: A local government may limit water withdrawals in order to ensure adequate recharge to an aquifer, protect against saltwater intrusion, and reduce contaminan movement. The importance ot maintaining adequate recharge to ensure adequate water storag and to protect against saltwater intrusion is discussed in detail in the contaminatio module of the workshop. A local government may restrict water withdrawals in order to restrict contaminan- transport. This may be a very effective technique in a situation where a significant source of contamination is identified within the ZOC to a public water supply. Through reducing the rate of water withdrawal, the ZOC may be reduced in size to the point where the contaminant source is no longer a threat--i.e. is ho longer within the ZOC to the well. The"Instructor should explain that this technique may be used effectively by a local government to maintain an existing supply, which otherwise would have to be shut down due to contamination. Key Points • Limiting water withdrawals serves to: 1) ensure adequate recharge to an aquifer; 2) protect against saltwater intrusion in coastal arbas; and 3) reduce contaminant movement ------- Water Withdrawals A local government may limit water withdrawals in order to ensure adequate recharge to an aquifer, protect aaainst saltwater intrusion. anH tpHi movement. The importance ot maintaining adequate recnarge to ensure adequate water storage and to protect against saltwater intrusion is discussed in detail in the contamination module of the workshop. A local government may restrict water withdrawals in order to restrict contaminant transport. This may be a very effective technique in a situation where a significant source of contamination is identified within the ZOC to a public water supply. Through reducing the rate of water withdrawal, the ZOC may be reduced in size to the point where the contaminant source is no longer a threat--i.e. is no longer within the ZOC to the well. The Instructor should explain that this technique may be used effectively by a local government to maintain an existing supply, which otherwise would have to be shut down due to contamination. Key Points • Limiting water withdrawals serves to: 1) ensure adequate recharge to an aquifer; 2) protect against saltwater intrusion in coastal areas; and 3) reduce contaminant movement ------- Water Withdrawals Case Study Yarmouth MA The case study demonstrates the advantage of controlling water withdrawals to maintain an existing water supply. The Town of Yarmouth, MA is a coastal community which relies entirely on grour water to provide public water. After delineating WHPAs for two of the town's public supply wells, officials realized that an abandoned landfill was located in the ZOC to one of its welis. By reducing the pumpjng rate of the well, the ZOC is reduced to the point where the abandoned landfill no longer represents a direct threat to the water supply. The town is reduced its pumping rate, and reduced th threat to its public water supply. Withdrawal control may also serve to assure equitable distribution of the ground water resource. It may be in the public's best interest to allow a private landowm to take water for private enterprise at the expense of a safe municipal water suppl or the retention of an endangered species habitat. Water Withdrawals Case Study Eastern Shore of Virginia The eastern shore of Virgii no is a iuiai ^uasiai area wnicn aepenas on a auei aqum system to supply water. The dual aquifer system consists of a shallow and confined system. The region currently uses the confined aquifer to supply water for«human consumption, industrial processing and agricultural irrigation. A recent study projected that water shortages will occur in the future due to watei demand from competing uses. It is estimated that the confined aquifer receives 1' million gallons per day (mgd) of recharge. Current withdrawals, from the confined aquifer for public water supply wells and industrial uses demand 8 mgd however, current permits allow uses to increase withdrawal to 16 mgd, resulting in a projected deficit of 5 mgd. Agricultural withdrawals do not require permits, and therefore, the current level of withdrawals is unknown. If pumping levels increase to their permitted levels, problems of drawdown, well interference and saltwater intrusion are anticipated. In order to alleviate demand for water from the confined system, scientists and planners participating in the study recommended that agricultural uses be encouraged to relocate their wells in the shallow aquifer system, thereby reducing demand in the confined system. The voluntary relocation of water withdrawals for agricultural purposes Is an example of a non- regulatory strategy for protection of this water supply. ------- Hazardous Waste Collection Days While most citizens understand the threat of leaking underground fuel storage tanl and inductrial chemical spills to water supplies, many citizens do not understand the threat typical household hazardous wastes. Several typical household products contain hazardous materials including: lawn pesticides and herbicides, solvents, septic system cleaners, metal cleaners, pool chemicals, paints and paint thinner. Historically, citizens dumped these products into sinks and storm drains. In recent years, local governments nation-wide have sponsored programs to educate local residents about the risk of dumping these • materials, they must be given a means of properly disposing these materials. Hazardous household waste collection days may be arranged by local/tribal governments to provide citizens the opportunity to drop-off hazardous materials fo proper disposal. The event also serves to education citizens about the the types o househould products which are toxic or hazardous. Hazardous household waste collection days are typically announced in the local newspaper. The local government individually, in contract with abutting communities, or under the guidance of a regional authority, usually contracts with a reputable hazardous waste disposal firm which is responsible for accepting and properly disposing of collected products. Key Points • Hazardous waste collection days and public education programs are aimed al getting citizens involved with ground water protection efforts • Household hazardous wastes are potential sources of contamination. Common household wastes include pesticides; herbicides; solvents; septic system cleaners; metal cleaners; pool chemicals; paints and paint thinner • Hazardous waste collection days remove small quantities of waste from home owners, avoiding the possibility that these sources of contamination would be deposited on the land surface or in septic systems. Although attractive to^he home owner, community costs are high to run a collection day • The event also serves to educate citizens about typical household products which are toxic-or hazardous ------- Public Educatio Public education efforts are necessary to teach the public about proper disposal of hazardous wastes (e.g., returning used motor oil to service stations) as well as about safe alternatives for currently accepted products or procedures! For example, improper use of lawn chemicals or poor maintenance of septic systems may lead to problems of nutrient contamination of ground water. Public education efforts also are important in building public support for regulatory chanaes and the USe Of DUblic funds in wellhead nrntpirtinn artix/itioc Another form of public education involves the , .a awareness of where wellhead protection areas are iocated. In addition to serving as an educational device, wellhead protection signs serve as notification in case of an accidental contaminant release. The latter is particularly useful along roadways in the event of an accident that results in a spill of hazardous materials The responses to spills in two different communities illustrate the importance of having a contingency plan. A leaking underground gasolirie storage tank was discovered in Community 1, which did not have„a contingency plan.. A public health official was forced to make a decision while being barraged by a bewildering array of unevaluated information and opinion. He decided to pump the well and see what happened. More than $5 million later, the resulting contamination of the well is under control. When a similar event occurred in Community 2, which had a contingency plan, the responsible official followed the plan. He ordered the removal of the contents of a-leakipg underground tank and then initiated vapor purging of the unsaturated zone above the tank as well as removal'of the tank and the contaminated soil. The well in Community 2 never became contaminated. Officials are better able to make judgements of how to respond in an emergency when they are properly informed and have'sufficient time to consider all factors. Having a plan to follow further increases the likelihood that the potential for damage will be minimized. Because a contingency plan may not be able to cover all of the details of a potential incident in advance (i.e., there is such a large variety of materials that potentially could be involved in spills), the response team may need assistance to design specific actions for an incident at the time it occurs. For this reason, the contingency plan should include identification of agencies, departments, aind consultants as well as the scope of their services and expertise. It also might be useful to include information on sources of financial support for emergency response (e.g., the Federal Emergency Management Agency [FEMA], the Department of Housing and Urban Development, etc.). ------- Legislative Introduction Management strategies presented thus far identify tools which local/tribal governments may use for wellhead protection. However, in many cases the WHPX to a well straddles several jurisdictions and, because it is rare that local governments are empowered to adopt regulations outside their jurisdictions, the result is often a patchwork of varying regulations. Legislative ground water management strategies are those created by individual state legislative bodies. Legislative ground water management strategies focus on approaches that states deem appropriate for state-wide or regional land. management. For example* six communities sharing a common aquifer for drinking water supplies nr\ay find that methods of protecting the various wellhead areas frotr contamination vary from community to community. Town 1 may have enacted stringent land use controls within the WH PA. J own 2, however, fading an economic decline, may be encouraging commercial growth in the wellhead area. Legislative strategies provide ;ari ideal mechanism to ensure that resource protection issues are addressed on a regional basis. Key Points • Management strategies presented thus far include tools which local/tribal governments may use for WHP • • _ • In cases where a WHPA straddles several jurisdictions, protection measures are often adopted locally in a piece-meal fashion • Legislative action may be used to provide a coordinated protection effort for WHPAs located in several jurisdictions by establishing a regional entity responsible for protection • Legislative action may also be necessary to grant additional powers an functions to local governments or a regional entitv ------- Legislative WHPA Management District Case Study Spokane, Washingtor The Rathdrum Prairie/Spokarie Aquifer straddles counties and municipalities in Idahi and Washington and is a sole source aquifer for the region. More than 285,000 people live over the aquifer in Washington alone. Rapid urbanization is occurring; studies indicate that sources of water quality degradation include failing septic systems and industrial and agricultural contaminants. In response to identified water quality threats, a water quality management program was established in Spokane County (as well as in Idaho by the Panhandle Health District) and a comprehensive land use plan and wastewater management plan was finalized. Ground water protection is provided through regulatory requirements and sewer facility improvements. One goal of the wastewater management plan is to minimize reliance on septic systems in order to reduce its associated nutrient loading. To meet this goal, the County sought to provide sewer extensions to existing developments which rely on septic systems. But, the County lacked funding for these improvements. Spokane County petitioned the state legislature for additional authority to create an aquifer protection area and to finance improvements in this area through imposing a fee on ground water and septic tank users. In 1985, the legislature passed on an act granting this authority to Spokane County, as well as air other counties in the state. Key Points • The Raxnarum rrairte/bpokane valley Aquifer straddles counties and municipalities in Idaho and Washinaton. and is the reoion's nniv wnrr» nf drinking water • Past studies indicate that sources of water quality degradation include failing septic systems and industrial and agricultural contaminants. • Spokane County, Washington developed a comprehensive ground water protection plan which includes regulatory requirements and sewer facility improvements • As part of its sewer facilities plan, the County planned to provide sewer extensions to existing developments which rely on septic systems but, the County lacked funding for these improvements. ------- Spokane County petitioned the state legislature for additional authority to create an aquifer protection area and to finance improvements through imposing fees on ground water and septic tank users. In 1985, the legislature passed an act granting this authority to Spokane County as well as all counties in the state. ------- |