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»

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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.

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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.

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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

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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.

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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.

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" 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.

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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.

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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.

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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.

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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.

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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

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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).

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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

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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).

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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.

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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)

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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.

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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).

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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.

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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.

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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:

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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..

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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

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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

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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.

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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.

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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

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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.

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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

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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

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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

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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,

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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.

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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.

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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.

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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.

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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.

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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

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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.

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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

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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

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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

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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.

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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

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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.).

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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

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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.

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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.

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