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HomeMy WebLinkAboutNYS Wellhead Protection 1990Department of Environmental Conservation NEW YORK STATE WELLHEAD PROTECTION PROGRAM Submittal to United States Environmental Protection Agency New York State Depadment of Environmental Conservation MARIa M. CUOMO, Governor THOMAS C. JORLING, Commissioner September 1990 NEW YORK STATE WELLHEAD PROTECTION PROGRAM SUBMrlTAL TO UNITED STATES ENVIRONMENTAL PROTECTION AGENCY IN APPUCATION FOR IMPLEMENTATION FUNDS NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF WATER ALBANY, NY SEPTEMBER 1990 TABLE OF CONTENT~ PREFACE ACKNOWLEDGEMENTS CHAP I I=R 1 WI=I ! HEAD PRO'FECTION PROGRAM SUMMARY AND PURPOSE 1.1. Introduction 1.2. Background - Groundwater and Groundwater Management in New York State 1.3. Wellhead Protection Program: Purpose and Goal 1.4. Wellhead Protection Program: Summary 1.5. Evaluation of Wellhead Protection Program Progress CI-IAy, ~-H 2 2.1. 2.2. 2.3. 2.4. 2.5 2.6. 2.7. 2.8. CHAPTER 3 3.1. 3.2. 3.3. 3.4. CHAPTER 4 4.1. 4.2. CHAFTER 5 5.1. 5.2. 5.3. 5.4. DUTIES AND RESPONSIBIUTIES Introduction Federal Agencies: General Responsibilities State Agencies: General Responsibilities Regional Planning Agencies County and Local Governments Public Water Supply Systems Coordination Summary W~=I "HEAD PROTECTION AREA DEUNEATION Introduction and Institutional Processes Delineation Criteria, Thresholds and Methods Phasing Considerations Summary ,SOURCE IDENTIRCATION Categories of Potential Groundwater Contamination Sources Contamination Source Inventory Procedures Completion, Refinement and Update of Contamination Source Inventory SOURCE M.N~IAGEMENT Introduction Existing Source Control Programs Future Management Considerations Summary 1 3 4 6 7 7 8 10 10 11 11 12 15 17 25 25 26 31 31 38 43 TABLE OF OON ~ J:NI'S OHAi~ii~I 7 OHAI"'i I~1 8 CONTINGENCY PLANNING 6.1. Introduction 6.2. Emergency Planning Program 6.3. Emergency Equipment Stockpiles 6.4. Wellhead Protection Program Submittal NEW W~ ~ -~ 7.1. Instltutlona~ Processes 7.2. Wellhead Protection for New Wells SUMMARY OF PUBUC PARTICIPATION IN THE DEVELOPMENT OF THE WI~ I HEAD PROTECTION PROGRAM 48 48 49 50 51 52 PREFACE This report represents a revision of the Proposed New York State Wellhead Protection Program, submitted to the U.S. Environmental Protection Agency on June 19, 1989. Following the June 1989 submittal, there was an additional review by the New York State Wellhead Protection Advisory Committee (see ACKNOWLEDGEMENTS1 and by key program managers and regional staff of the NYS Department of Environmental Conservation. The Initial comments of the USEPA concerning the submittal were received by New York in January 1990. In March 1990, the USEPA, in accordance with the provisions of the Safe Drinking Water Act amendments, notified the state that the submittal was Incomplete. A public hearing was held in August, 1990 to complete the process. Comments received were used in revising this document, and are also discussed in an attachment to this Submittal. The revisions contained in this document primarily include many clarifications of statements made in the original document, but also Include additional items to complete the original submittal (e.g., public participation summary) and items to address the adequacy concerns of USEPA. The wellhead protection activities of the Department of Environmental Conservation In the intervening pariod have Included further development of new source management pro- grams (e.g., chemical bulk storage), Incorporation of wellhead protection In existing programs (e.g., water supply permit program), assistance to regional planning agencies In wellhead protection activities (e.g., 205(j) projects on source identification), regional and statewide outreach and education efforts, and providing geologic information and unconsolidated aquifer delineation information. Most importantly, the Interest of county agencies and municipal governments in New York in well- head protection has grown considerably elnce the June 1989 submittal, with significant activity by key counties and municipalities In Upstate New York, by the Long Island Regional Planning Board concerning Long Island's Special Groundwater Protactlon Areas, and by Long Island's major water suppllera. Substantial interest In training (including delineation models and management tools), and In developing protection ordinances has been expressed. Agencies and local govemment associations apart from the Department of Environmental Conser- vation have initiated public discussion and training activities concerning wellhead protection and groundwater management. These activities demonstrate the desired evolution of local wellhead protection programs that the New York State Wellhead Protection Program is designed to foster. A(~KNOWLED(~EMENTS The New York State Department of Environmental Conservation gratefully acknowledges the assistance and recommendations of the members of the Wellhead Protection Advisory Committee. To date, these members have Included the following: - Aldo Andreoll, Suffolk County Dept. of Health Services - Donald Beavers, Temporary Commission on Tug Hill - Donald Blngham, U.S. Geological Survey - Jesslca Bralten, Herklmer-Oneida Planning Dept. - James Coon, NYS Dept. of State; - Robert Denz, Broome County Health Dept o Hope Donovan, League of Women Voters - John Edwards, Long Island Water Conference - James Feuss, Cortland Co. Dept. of Health - Robert Fickles, NYS Geological Survey - William Gollnitz, Chautauqua Co. Health Dept. - Bernard Gorman, Long Island Water Conference - Nancy Jarvis, Cortland Co. Planning Dept. - Richard Kasprowicz, NYS Dept. of Health - Margaret Kavanaugh, Schenectady Co. Planning Dept. - John Kent, Herklmer-Onaida Planning Dept. - William Lee, American Water Resources Association - Sarah Meyland, Suffolk Co. Water Authority - Todd Miller, U.S. Geological Survey - Jacquelina Moody, NYS Dept. of Agriculture & Markets - James Napoll, Dutchess Co. Health Dept. - Donald O'Dell, NYS Dept. of State - Francis Padar, Nassau Co. Dept. of Health - Kenneth Pokalsky, Business Council of NYS - Keith Porter, NYS Water Resoumes Institute-Cornall University - George Proios, NYS Legislative Comm. on Water Resoume Needs of L.I. - Thomas Reamon, NYS Dept. of Health - Joseph Salvato, American Water Works Association - Ronald Slotkln, Broome Co. Health Dept. - David Stern, NYS Legislative Comm. on Water Resource Needs of L.I. - John Stonabanks, Suffolk Co. Water Authority - Edith Tannanbaum, Long Island Regional Planning Board - Mark Walker, NYS Water Resources Instltute-Cornell University - Patrlcia Walsh, Association of Towns of the State of New York - John Williams, U.S. Geological Survey - Donald Zlzzi, Schenectady Co. Planning Dept The original submittal (June 19, 1989) was prepared by Allan Tedrow, Kevln Roberts and James Lister of the NYS Department of Environmental Conservation, Division of Water, Groundwater Management Section. The revised document (September, 1990) was prepared by Kevin Roberts and Allan Tedrow. The typing of this document by Barbara J. Crier, of the Department of Environmental Conservation, is also gratefully acknowledged. CHAPTER 1 WELLHEAD PROTECTION PROGRAM SUMMARY AND PURPOSE 1.1. Introduction Responsible and effective environmental management demands careful focus on geographic areas where resource management is most needed to achieve the greatest benefit for a given level of effort. This is the overriding objective of wellhead area protection. The resource is groundwater. The benefit is reducing the risk of contamination of drinking water supply wells for the greatest number of people. The level of effort includes the cost of activities ranging from planning and assessment to the implementation and enforcement of appropriate groundwater quality protection controls at all levels of government. The issues to be evaluated and resolved include better defining the federal, state and local government partnership in groundwater protection, sstablishlng the most rational geographic targeting and preventive management framework, and determining the optimum allocation of funds, if they become available, to achieve results. This report is intended to satisfy the requirements of Section 1428 of the Safe Drinking Water Act in describing New York State's overall goal and plan for groundwater resource and wellhead area protection. Many important elements of wellhead area protection will evolve as local plans are designed and evaluated, especially aspects involving education, local government roles, and data collection and assessment. This submittal Is intended to serve as supporting information in application for assistance funds from EPA to further develop and implement the plan. It presents the basic direction for using additional support obtained through new funding or reallocation of existing resources. The elements of this report Include the following: Duties of state agencies, local governments and public water supply systems (Chapter 2). Delineation of wellhead protection areas (Chapter 3). Identification of potential groundwater con- tamination sources (Chapter 4). Discussion of groundwater management ap- preaches (Chapter 5). Discussion of groundwater-dependent pub- lic water system contingency planning (Chapter 6). Discussion of wellhead protection planning for new wells (Chapter 7). Discussion of public participation aspects (Chapter 8). It is Important to recognize that the proposed Wellhead Protection Program is not the first groundwater resource protection program in New York State. It does not replace the state's existing groundwater management program. Indeed, its goals and structure are already contained within that comprehensive program. This submittal refines and extends the geographic targeting framework already adopted as a principal groundwater protection policy. The basic groundwater program will continue to apply to the entire groundwater resource of the state and thus will provide a significant degree of protection for all groundwaters. The remainder of this chapter provides additional introductory background on New York State's groundwater resources, Its existing groundwater management program, and the general meaning of wellhead area protection. 1.2. Bacicaround: Groundwater and Ground- water Manaaement kl New York State Groundwater is a critically important and uniquely vulnerable source of drinking water for over six million people In New York State, roughly one- third of the state's residents. These people draw their water from over 5,000 community wellfields or wells (serving over four million people), and more than 10,000 non-community public wells and an unknown number of private wells (serving -1- over two million people). In recent years, increased use of chemicaJs in our society has been accompanied by increasing evidence of contamination of groundwater resources. This contamination, in some cases, has been caused by chemicals of significant toxicological concern and has been sufficient to require closure or treatment of public and private water supplies. New York State recognized the Importance of groundwater resource and drinking water protection relatively early and began the development of Its groundwater quality management programs In the years following World War II. Groundwater blassifications and standards evolved into groundwater discharge limitations and early wellhead protection area approaches. The adoption of 83 ambient groundwater quality standards in 1978, supplemented by drinking water quality standards, coincided with the development of comprehensive groundwater protection programs. This culminated in the final publication of two major reports, the Long Island Groundwater Management Program (1986), and the Upstate New York Groundwater Management Program (1987). These comprehensive programs form the foundation for all groundwater management efforts in the state. They encompass many major groundwater protection programs, including but not limIted to solid waste, hazardous waste, pesticides, petroleum, hazardous substances, mining, and wastewater disposal and discharge. They include the activities of all relevant state agencies and form a bridge to local government activities. Most Importantly, the comprehensive program reports specifically describe geographic targeting frameworks for groundwater protection that are the basis for wellhead area protection. More recently, the New York State Water Resources Planning Council published a comprehensive New York State Water Resources Management Strategy (1989). This Strategy, prepared wIth major Input from the New York State Departments of Environmental Conservation and Health, from local govemment and public representatives, and from slx other state agencies, comprises 14 volumes and addresses specific issues in 13 regions of the state. It endorses the geographic targeting frameworks of the previous Groundwater Management Program reports and supports the adoption of Watershed Rules and Regulations as a protective management approach for public water supplies. As a general rule, wellhead area protection is a targeting approach to protect groundwater supplying specific wells. In certain cases, wellfields with multiple wells or regions with high densities of wells and complicated recharge characteristics must be considered together. Aquifer-level or aquifer segment targeting is a potentieliy useful approach for wellhead pro- tection in New York because the aquifers are typically not geographically extensive (Upstate New York) or are pumped using a great number of wells (Long Island). An important aspect of New York State's ground- water program is that all fresh groundwaters in the state are classified for best usage as a source of potable water supply (Class GA) regardless of location or current use. The comprehensive set of ambient groundwater quality standards and guidelines apply to all groundwater. These stan- dards and guidelines (which include drinking water standards) underlie all major groundwater protection programs currently operating or under development. New York's groundwater management programs have either already adopted or have begun to set a targeting framework that goes beyond common- ly recognized wellhead area concepts, in Nassau and Suffolk counties (which share a single aquifer system on Long leland), considerable effort has been devoted to the delineation and revision of the boundaries of eight hydrogeologic zones. The Deep Flew Recharge Area (which comprises three of these zones) is considered to be the highest priority area for protecting wells in the deeper Magothy and Uoyd aquifers. Manage- ment program targeting on Long Island is keyed to these eight zones. Additionally, nine Special Groundwater Protection Areas ($GPAs) have been delineated on Long island and are the subject of an extensive planning effort funded in part by New York State and by the Long Island Regional Planning Board. Suffolk County has also defined 'Water Supply SensItive Areas' for protecting wells in the Glacial aquifer. The implementation of wellhead area -2- protection on Long Island will not replace this targeting approach. Additional geographic assessment may be included in the Wellhead Program for Long Island. It Is important to emphasize that management program targeting and Implementation are ultlmatalythe most critical aspects of wellhead protection. The groundwater protection accomplishments of county-wide ordinances on Long Island must also be recognized. In Upstate Now York, unconsolidated aquifers are not as extensive as on Long Island. A consid- erable degree of geographic targeting has been achieved by the mapping and categorizing of Upstate aquifers. Many of these are ralatively thin deposits of glacial drift In narrow valleys (less than one or two miles wide). Certain state4eval programs, particularly waste management and disposal, ars already strongly tied to these delineations. The partnership between federal, state and local government is perhaps the most Important part of a successful wellhead protection effort. Certain local land use control elements of a successful program are not within the state's statutory authority and are more appropriately implemented at the local level. Under the home rule provisions of New York State Law, towns, cities and villages ara responsible for regulating land use. Land use controls ara an important component of wellhead protection plans. The state/local partnership is also Important In adjusting protection efforts to be sensitive to local and regional differences In the groundwater resources and vulnerability, uses, programs, and local capacity for management. Local authorltlea in many areas of the state also have the principal authority for inspecting and testing potential contamination sources and have Important roles in enforcement. 1.3. Wellhead Protection Prooram: The purpose and goal of Now York State's Wellhead Protection Program are to protect wellhead areas within Now York State from contaminants which may have any adverse effects on the health of persons, as described in the federal Safe Drinking Water Act. This goal is more explicitly described in the adopted New York State Groundwater Management Program as follows: Protect and conserve aroundwater resoureea for the best use as ddnldna water suadv. 2. Emphasize oroblem orevention. T~et ~ araundwe~er amamm to ma~ ~tively use ~w~de amamm resour~e~ bv focuelna soec~l emofm.~s on ~ hiah-vleldina a~uifer svetems. 4. FoYer a ~ate/iooal eartnershlo. The quantity management goal of the compre- hansive program has been deleted from this list. However, the Wellhead Protection Program, essentially a quality management effort, is Indirectly supportive of the quantity goal because protection of existing wells reduces the need to abandon supplies and develop now sources. The key goal for emphasis In the Wellhead Protection Program is the third, that of geographic targeting, which has been left in the original groundwater program wording above. Part of the emphasis of the Wellhead Protection Program will be to refine and strengthen this goal. The Wallhead Protection Program will promote targeting of staffing and funding resources and adjust program oparatlona to achieve the maximum water quality protection benefits. Determining the optimum balance between expenditures on geographic assessment (dalineatlon and mapping) and expenditures on Improved enforcement of existing programs and development of new programs is the key challenge In developing the wellhead protection effort. This balance will differ In different areas of the state. In all areas of the state, a major need Is actual program implementation and enforcement. Wellhead protection cannot be viowed In a discrete, piecemeal fashion. The steps of delineation, source inventory and source management and control must be considered together. A scheme of very costly groundwater flow delineation analyses cannot be consistent -3- with the overall wellhead protection objectives if they unduly diminish funds available for management program implementation or if the management program does not require great sophistication. Increased refinements of delin- eations are justifiable to the extent that corresponding refinements in management and enforcement are practical and possible. 1.4. Wellhead Protection Prooram Summary This summary is an overview of material developed in more detail in Chapters 2 through 8. 1.4.1. The Department of Environmental Conservation (DEC) is the principal agency responsible for developing and Implementing state-level aspects of the Wellhead Protection Program and for coordination. The Department of Health (DOH) is responsible for certain aspects related to public water supply well data, contingency planning, new well planning, and Watershed Rules and Regulations. Regional and county planning agencies and county governments are responsible for county-level planning, management and educational outreach elements in the overall program, in addition to any county- level ordinances developed for wellhead protection. Town, village and city governments ara responsible for local land use control, local ordinances and other local-level aspects of wellhead protection. Water suppliers will have a role in developing local Watershed Rules and Regulations, education, land acquisition and other program aspects determined by DEC and DOH. The educational effort will be shared by all levels, including Cooperative Extension, the universities and the State Education Department. Federal agencies and other state agencies will participate as appropriate, as coordinated by DEC with the assistance of EPA for federal agencies. 1.4.2. Wellhead Protection ~ Delineation The Safe Drinking Water Act defines a Wellhead Protection Area ONHPA) as 'the surface end subsurface area surrounding a water well or wellfield, supplying e public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfields." This definition is not specific because there is no time framework and because there is a requirement that contaminants be reasonably likely to reach the well, a condition that is very difficult to accurately predict. States are given flexibility by the Safe Drinking Water Act in determining delineation approaches. New York State proposes that unconsolidated aquifer boundaries serve as the fundamental delineation of wellhead protection areas and that a multiple zone approach be used within the total WHPA for varying management relative to risk. This approach is modified for Long Island and for bedrock aquifers, as described in Chapter 3. New York's approach proposes to allow local flexibility in an evolutionary process of delineation refinements, and to allow utilization of previously delineated protection areas, where appropriate. There are many distinct advantages In this overall approach. A very important advantage is that considerable aquifer characterization and mapping work has already been accomplished. Second, it is consistent with the evolution and principal policies of both the comprehensive New York State Groundwater Management Program (1987) and New York State Water Resources Management Strategy (1989), in addition to the New York State Watershed Rules and Regulation policies. Third, it focuses attention of local governments on the entire aquifer resource and facilitates contingency planning and new (or future) well protection. Finally, it provides a base within which more sophisticated delineations (e.g., subdividing the overall WHPA) can be made as programs require and funding permits. A possible drawback of using aquifer boundaries-- that aquifers may be broad regional systems-is not a major problem in most of New York State. In Upstate New York most public water supplies using groundwater ara in unconsolidated aquifers of rather limited areal extent. Most important recharge areas ara within the boundaries of the unconsolidated aquifers, another advantage of this approach. Chapter 3 provides further details and back- ground on wellhead protection area delineation. -4- 1.4.3. Po~'~del Contamination Source The New York State Wellhead Protection Program proposes to use the classification of potential contamination sources based on process or operation proposed by the Office of Technology Assessment and endorsed by USEPA. Many source Inventory and identification programs are already In place or are being developed for Individual groundwater protection programs. These Include but are not limited to registries of h~emlous waste disposal sites, petroleum storage locations, the Industrial Chemical Survey, records of the State Pollutant Discharge Elimination System (SPDES), and the hazardous material storage registry (in development). Similar information is available for other potential sources (mining, municipal waste, etc.). Other inventories (pesticides, salt storage) are needed and certain improvements (Iocational data, data formats) are needed In the existing registries. The effort expended in pinpointing and mapping any possible source will be determined In balance with the effort needed to manage the most important sources. The current registries will be used as much as possible at the greatest level of geographic detail feasible within the constraints of the registry. Using these registries, some soumes outside of the actual wellhead protection areas may be listed. An effort will be made to explore new formats for processing ava~able registry data to maximize compatibility and ease of interpretation. Chapter 4 provides further detail on potential contaminatlon source Inventory. 1.4.4. The emphasis in groundwater management efforts from the state level will be to continue to develop and implement the program recommendations made as part of the comprehensive groundwater management program, with a special focus on aspects relevant to geographic targeting of program elements. Groundwater protection for ail fresh groundwaters in New York is accomplished in the existing state regulatory programs by classifying all fresh groundwaters as potential drinking water sources, and using the stringent 6 NYCRR Part 703 groundwater standards as the management objectives statewide. Solid and hR~rdous waste management programs formally utilize geographic targeting as a management tool. Other state-level programs (e.g., spill response) have integrated major water supply aquifer targeting into day-to- day functions even though such targeting may not be explicitly stated in written policy. Current and developing state-level programs will be evaluated to determine useful new approaches or cost-effective methods for targeting management practices. The needs identified will be considered in allocating available funds or staff, soliciting new funds, and in regulatory and program development. Local governments, with the authority to regulate land use, have the capability of controlling new facilities through zoning and site plan review. Density of new development can also be controlled through zoning. Adoption of specific groundwater protection ordinances is also an avenue available to municipal and county governments, through sanitary codes or other approaches. Finally, land acquisition for groundwater protection is a viable management tool for local governments and water suppliers. Watershed Rules and Regulations can be promul- gated by the New York State Health Department following initiation and development by public water puweyors, whether municipal or privately- owned. The WHPA delineation proposals in this submittal are compatible with the models for Watershed Rules and Regulations. The state will also uss its available resources and explore new approaches for technical assistance, outreach and education to local govamments to encourage participation and local initiatives. The potential for using "facilitated training", or training intermediate parties to train local groups, will be considered. Management aspects are described in further detail In Chapter 5. -5- t.4.5. The existing contingency planning requirements of the New York State Department of Health's emergency planning program meet and exceed the requirements of Section 1428(a)(b) of the Safe Drinking Water Act. The existing New York program deals with ell forms of water supply emergencies. In addition, the Superfund Amendments and Reauthorization Act (SARA) Title III emergency planning actlvitias In New York support contingency planning needs for wellhead protection. Chapter 6 further discusses contingency planning. The existing New York State Water Supply Permit Program enables the Department of Environ- mental Conservation to require, as part of the permit approval process, the adoption of a groundwater (or wellhead) protection plan for proposed new wells. The New York State Wellhead Protection Program proposes that development of such a plan be required for new wells. The plan may include Watershed Rules and Regulations, local ordinances (town, village, or city), or county ordinances. Such plans often will entail the collection of hydrogeofogic information to support WHPA delineations. Such plans must be consistent with existing authorities of the water supplier and they may include Intermuniclpat or county-level agreements or Watershed Rules and Regulations (NYSDOH). This aspect of the Wellhead Protection Program is further discussed in Chapter 7. 1.4.7. P~ Pa~c~43alJon There has been substantial public participation in the evolution of these proposals, particularly in the two major planning and strategy development projects from which New York's Wellhead Protection Program was derived. The public participation In both the New York State Groundwater Management Plan and the New York State Water Resoumes Management Strategy fully adhered to public participation procedures. In addition, the Wellhead Protection Program development has estabitshed a Wellhead Protection Advisory Committee to assist in development of the submittal. Public participation is further discussed in Chapter 8. 1.5. Evalualk~ ~ Wellhea¢l ~ Program progress reports which evaluate Wellhead Protection Program development and implementation will follow one of two alternative approaches, in the event that an Assistance Agreement is adopted between EPA and DEC in accordance with the provisions of the Safe Drinking Water Act, three types of reports will be submitted to EPA which are specific to the Wellhead Protection Program and which follow the "Guidance for Applicants for State Weiihaad Protection Program Funds Under the Safe Drinking Water Act" (EPA 440/6-87-011). These are: a. Interim and End-of-Year Progress Reports; b. Biennial Status Report; and c. Annual Financial Status Report. The precise content and schedule for these reports would be negotiated as part of the Assistance Agreement. If EPA does not provide assistance and an Assistance Agreement is not established, the progress of the Wellhead Protection Program will be reported within the context of the already established procedures for reviewing the DEC Division of Water Management Plan between DEC and EPA. -6- CHAPTER 2 DUTIES AND RESPONSIBILITIES 2.1. Introductlo~ New York State's designation of the wellhead area as the highest priority area for groundwater protection is documented in New York State's Groundwater Management Program. Wellhead protection is a concept that has been utilized by a number of environmental and public health programs in New York State for decades. The passage of the 1986 Amendments of the Safe Drinking Water Act creating the Wellhead Protection Program serves as an opportunity for New York State to build on previous efforts and to foster a coherent and consistent statewide approach for a wellhead protection program through additional management efforts. New York State's proposed Wellhead Protection Program 0NHPP) has been developed from existing regulatory and management structures. Within the state there are agencies and programs at all levels of government established to regulate, enhance and manage natural resources and protect the public health. As in the State's Groundwater Management Program, it will be largely these agencies and programs that will be called upon to implement an effective WHPP. There are two principal federal agencies with important roles and responsibilities relating to groundwater protection In New York State. These are the U.S. Environmental Protection Agency (USEPA) and the U.S. Geological Survey (USGS), a unit of the Department of Interior. 2.2.1. Envlro~mefltal Pr~ecflon Aoencv The USEPA is the agency responsible for most of the major federal regulatory programs which provide for protection of the environment and public health. These include: the Clean Water ACt (CWA), the Safe Drinking Water Act (SDWA), the Resource Conservation and Recovery Act (RCRA), Superfund (CERCLA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act ('FSCA), and the Clean Air Act (CAA). EPA generally delegates many of the specific program activities to the states upon request and upon attainment of legislative requirements. This allows the state to be flexible in tailoring the program to local environmental needs (to the extent permitted by statute). EPA continues to play a role in overseeing state performance in carrying out delegated national programs which use federal grants and in supporting the states through technical expertise and research. New York State has received delegation of programs under the Clean Water Act, the Safe Drinking Water Act, RCRA, and the Clean Air Act. The authorities in the Acts are generafly mirrored by comparable state legislation, and the delegated programs have in the past decade provided essential funding support to assist strong state programs in water pollution control, public water supply regulation, air pollution control, and solid and hazardous waste management. Not all elements of federal programs have been delegated. Examples of program activities for which USEPA maintains direct responsibility in New York include: Development of national drinking water quality standards (note that New York maintains a more comprehensive set of state drinking water standards); Designation of "sole source" aquifers under the Safe Drinking Water Act; Underground injection control under the Safe Drinking Water Act; Registration of pesticides for use under FIFRA; -7- Administration of federal Superfund. 2.2.2. . . The second federal agency with major responsi- bility relating to groundwater in New York State is the U.S. Geological Survey - Water Resources Division (USGS-WRD). The mission ofthe USGS- WRD, which is a non-regulatory agency, is to develop and disseminate scientific knowledge and understanding ofthe Nation's water resources. In cooperation with federal, state and local agencies, the USGS-WRD maintains an observation-well network for collection of groundwater levels and conducts interpretive investigations of the groundwater resources in New York State. The USGS-WRD maintains extensive files of groundwater data Including computerized databases containing information from over 40,000 wells In the state. The USGS-WRD will provide technical support to the Wellhead Protection Program by providing groundwater data and through cooperatively funded investigations. Wellhead protection-related investigations include regional studies of the hydrogeology and water quality of the state's aquifers and demonstration projects involving the delineation of contributing areas and sources of recharge to wellflelds In selected representative hydrogeologic settings. 2.2.3. F ' Several other federal agencies have Indirect relationships to wellhead protection in New York. With respect to technical support, the soil information collected by the U.S. Department of Agriculture - Soil Consewation Service (SCS) may be utilized in various aspects of the program. This information is generally available in published form. Coordination between NYS and the SCS State Office In Syracuse is generally routine and direct, and no new arrangements are needed. Them is relatively little federal land In New York State outside of several military facilities. Of these, only Fort Drum in Jefferson County is a significant user of groundwater for public water supply. In such cases, the policies described in this submittal apply. The WHPA's have already been determined according to the delineation approach in Chapter 3. General coordination with the facility will be through the Department of Environmental Conservation's Regional Office. Such coordination has been routine in the past. For other coordination with federal agencies not related to site-specific concerns, the USEPA- Region Ii office (New York City) will be responsible for assisting the Central Office of the Department of Environmental Conservation in communications and issue resolution. 2.3. State A(]eflctea: GenemJ Rss~xmsibllltise There am a variety of state agencies with interests and responsibilities relating to groundwater and wellhead protection. The two agencies with the most direct responsibilities are the Department of Environmental Conservation (DEC) and the Department of Health (DOH). 2.3.1. Deomtment ~ Environmental Conse~ation The DEC is the state's environmental agency, with responsibility for administering a full army of environmental quality and natural resource programs. The Department is the state's cus- todian for water in the environment. It is charged with the 'coordinated management of water resources' (ECL Section 3-03031), the control of water pollution and the maintenance of reasonable standards of purity of the state's waters, both ground and surface (ECL Article 17). The DEC is also the agency that has been delegated authority to administer a number of EPA programs under the CWA and RCRA such as the SPDES program and the municipal and hazardous waste programs. The DEC has been designated by the Governor to be responsible for the wellhead protection elements of the Safe Drinking Water Act. Integral elements of the Department's groundwater management and wellhead protection programs include water resources planning, issuing water supply permits, setting ambient water quality standards and classifications, water quality monitoring and surveillance, issuing municipal and industrial -8- wastewater discharge permits (SPDES), spill response, regulating hazardous substance and petroleum bulk storage, regulating the development, operation and maintenance of municipal wastewater facilities, and the nonpolnt source management program. Several other programs regulate important potential sources of groundwater contamination. Principal among these are programs in the areas of solid and hazardous waste (including waste facilities regulation) permitting of industrial waste transport, state Superfund (relating to hazardous waste site remediatlon), and hazardous waste enforcement. Other programs which have a relationship to wellhead protection Include those in the areas of pesticides and other hazardous substances regulation, mineral resources, and oil and gas regulation. 2.3.2. Del3artment of Health The Department of Health (DOH), under the New York State Public Health Law, Is responsible for the protection of public health and more particularly, to assure a potable supply of drinking water for the state's citizens. Genarally, it Is responsible for water which has been withdrawn by public water suppliers for distribution to the consumer. EPA delegated the water system supervision aspects of the Safe Drinking Water Act to the DOH inthe late 1970's. The DOH implements thls aspect of the SDWA through Part $ of the State Sanitary Code. Under the Public Health Law and Part 5, the DOH inspects public water supply systems in the state to ensure proper operation and maintenance and delivery of a potable and adequate supply of water. This program includes regulation of public water supply facility design and construction; monitoring of the quality of waters delivered to the tap; inspection surveillance, and evaluation of all public water systems; emergency response to water supply systems experiencing critical water quality or quantity problems; laboratory services; establishment of state drinking water standards; and enforcement of both state and federal drinking water standards. In addition, the DOH plays an Integral role In DEC's water supply permit program through the review of water quality and plans for any needed treatment process, well construction or other Improvements needed as part of the water supply permit. The DOH evaluates available health effects data and establishes appropriate drinking water standards and guidelines. Standards for installing on-site domestic sewage disposal systems ara promulgated by the DOH with protection of public health and groundwater protection as goals. The DOH has statutory authority for two programs which will play a significant role in the state's WHPP. These two programs ara the Emergency Planning Program, and the Watershed Rules and Regulations Program. 2.3.3. Other State Aeenciea Other state agencies also have roles and responsibilities which form parts of the state's current program for groundwater management and thus have a role in the state's WHPP. For example, the Department of State Is responsible for many aspects related to local government, particularly training of zoning and planning board officials. The NYS Geological Survey is responsible for mapping the bedrock and surficial deposits of the state, and providing geologic advice and data to the various federal, state and local agencies concerned with protection of the state's groundwater resource. The Attorney General represents the state in cases of litigation to enforce regulatory controls and obtain clean-up by responsible parties. The New York State Soil and Water Conservation Committee provides guidance and training for managing certain nonpolnt source threats. The NYS Legislative Commission on Water Resource Needs of Long island Is authorized to recommend groundwater protection approaches, new legislative or administrative actions for groundwater protection, and to investigate and evaluate water resource studies. -9- 2.4. R~nal Plannin~ A(~nciea Regional planning agencies exist in many areas of New York State, including most of the areas which contain heavily utilized aquifer systems. These agencies prepare regional plans for a variety of public purposes, and undertake planning-related studies. In many cases, their activities have included water quality management planning under Sections 208 and 205(j) of the federal Clean Water Act. Regional planning agencies have supported wellhead protection program goals through assisting in coordination with counties, towns and municipalities, compiling hydrogeologic and contamination soume location data, and applications of geographic information systems. Land use controls are within the regulatory jurisdiction of local government, and are an important aspect of groundwater protection. Such land use controls may prohibit or otherwise manage activities that adversely affect wellhead areas and sensitive aquifer systems. County agencies In many parts of New York State play an important role in assisting the administration of state-level regulatory programs, thereby effectively augmenting the effort devoted to these activities, as well as carrying out important management activities which cannot be accomplished within available state or federal resources. 2.5.1. ~,ountv Government ~ Planning agencies and health agencies exist in most of New York State's counties. County health agencies may administer major elements of state-level (DEC and DOH) programs for water pollution control and water supply regulation. In some cases, county health agencies also administer their own programs, resulting in a more comprehensive overall program than that administered by the state. A major example is Suffolk County on Long Island, where the County's Article 12 Program provides for comprehensive regulation of the storage and handling of toxic and h~7~rdous chemicals. County planning agencies are often involved in environmental or natural resource planning activities, as well as in providing expertise and technical assistance to local government on the development and implementation of local land use controls. In many cases, these agencies can assist in tailoring environmental management activities, such as wellhead or groundwater management, to best meet local needs and conditions. They also may be able to provide an important program linkage with local government on the development and implementation of land use controls to better protect wellheads and groundwaters. County planning boards, under the General Municipal Law (Sections 239:1, m, n), must review certain municipal zoning actions and, where the county legislative body has so authorized, subdivision plats before the municipal board can take final action. While this is a limited power (if the county planning board opposes a certain action, the municipal board needs a majority plus one of the full board to approve said action), it can serve as a tool to raise the awareness of municipalities concerning groundwater and wellhead protection. Several counties, such as Chautauqua and Cortland, have established the position of county groundwater coordinator. This position may be located either in the County Health Department or Planning Department. The general role of the position is to serve es a focal point for all groundwater protection and ralated activities within the county and to provide assistance to towns and municipalities. These positions are proving to be significant positive steps in furthering groundwater protection efforts in these counties. All counties, except those in New York City, in New York State have County Soil and Water Conservation Districts (SWCDs) as well as Cooperative Extension offices. These agencies have strong working relationships with the rural/agricultural community in the state and increasingly with local governments in urbanizing -10- areas. The SWCDs work directly with farmers to develop farm conservation plans which include soil erosion control and nonpoint source control. SWCDs also review environmental data pertaining to soil properties, terrain, and associated watershed characteristics. Cooperative Extension is an important vehicle for providing public education and Information in rural areas. In its work with individual farmers, Cooperative Extension implementslntegrated Pest Management and soil testing programs through- out the state. Where fertilizer and pesticide use in wellhead areas or over critical aquifer systems may be an issue, or where public education may be an appropriate means of addressing wellhead concerns generic to rural areas, these agencies represent Important potential participants in the wellhead program. 2.5.2. Towns. Cities and Vlllaae~ Towns, cities and villages in New York State are vested under state law with responsibility for regulation of land use. Local land use controls (e.g., zoning) are not used widely at present for wellhead/groundwater protection, although a few important examples have recently emerged. In the future, however, effective local land use control powers must be an important element of management programs. Zoning requirements which have been used for groundwater and wellhead area protection include: use restrictions; density limits; lot coverage; setbacks; special use permits; and performance standards. In addition to zoning, municipalities also have authority for site plan and subdivision review and local ordinance adoption, all of which can play a significant role in wellhead/groundwater protection. 2.6. Public Water Suo~v Systems While public water system purveyors generally do not have regulatory authority, they do have roles to play in the protection of water supply sources. Two specific areas of responsibility fall to the water purveyor; compliance with terms of the water supply permit authorizing the taking of water (administered by DEC), and the decision to develop Watershed Rules and Regulations (which are ultimately promulgated by the State Department of Health). Water supply permits for wells generally require the control of lands close to the well through ownership or easement. Water purveyors also share the responsibility to educate their consumers about wellhead protection and what the consumer can do to promote groundwater and wellhead protection. It is therefore essential that the officials of public water supply systems be aware of potentially contaminating activities within their wellhead areas. It is further Incumbent on these officials to identify the need for local wellhead protection programs. Without strong support by these officials, local programs may be difficult to establish. The Department of Environmental Conservation will have the central coordination role in the Wellhead Protection Program. Wellhead protection activities of the U.S. Environmental Protection Agency within New York State, including those related to local governments and the New York State Water Resoumes Institute's activities in New York State's WHPP, will be coordinated through the Department of EnvironmentaIConservation'sWellhead Protection Program unit. The DEC's interactions with local governments will be through its existing agency structure, including both the DEC regional offices and direct coordination bytha Central Office. The Department of Environmental Conservation will also be responsible for coordination with other NYS agencies and with other adjacent states concerning wellhead protection issues. Interstate wellhead protection issues In actuality will be a rare concern in New York State. A review of public water supply well locations shows that very few systems are in the vicinity of state boundaries. In addition, there are relatively few interstate aquifer systems. The Department of Environmental Conservation will have the lead -11- responsibility for interstate coordination, where needed. Chapter 5 further discusses this issue. 2.8. Summaw The existing institutional structure in New York State can accommodate the program activities required to provide wellhead protection. Most of the required program elements already exist. Major new programs are not required. It is more important to provide adequate funding and carry out existing programs and responsibilities, with appropriate adjustment and targeting to provide a high level of wellhead protection. The following listing summarizes ma]or responsibilities in wellhead protection. SPECIFIC DU'rlE~ IN WEM.HEAD PROTECTION PROGRAM Federal Aclenclea 1. EnvironmentaJ Pro~ectJon Agency Oversight and approval of WHPP's Technical guidance and assistance Funding Assist NYS in coordination with federal agencies 2. U.S. GeologicaJ Suwey Development of information on groundwater resources Assessing utility of various technical procedures for delineating wellhead areas Determining usefulness of generic wellhead delineations using aquifer classification systems or other parameters Implementation of NYS WHPP (as appropriate) 1. Department of Environmental Lead agency responsibility for WHPP as delegated by Governor. Administering the major statewide environmental protection programs which regulate potential sources of groundwater contamination. Installing and implementing wellhead protection concepts in environmental management programs. Establishing wellhead protection area delineation policies, and review of enhanced local delineations. Providing available records of potential contamination sources to local wellhead protection programs. Providing guidance for local agencies for wellhead protection area delineations and management and promoting local WHPP's. Reviewing and commenting on local programs. Funding assistance for regional and local efforts to develop wellhead programs. Oversight of reporting requirements and recordkeeping for Superlund Amendments and Reauthorization Act Title III data. Planning oversight is the responsibility of the State Emergency Management Office. Oversight of the Water Supply Permit Program for new wells, and coordination with wellhead protection. -12- Coordination (local governments, other state agencies, EPA and federal agencies, other states). Funding USGS cooperative program to continue groundwater and wellhead infor-cna'tion development. ~. I~u~mmen~ ~ H~h Promulgating watershed rules ara regula:lons for groundwater' supplies. Promoting local initiatives for watershed rules and regulations. Administering emergency planning requirements of State Law and SDWA. ~roviding assistance for water supply pr~rams administered by counUas. Local government interactions and training of zoning and planning officials. 4. State Geological Suwey Miscellaneous aspects of geologic information management and assessment. New Ymk State W~ar R___~c4Jmes Univen~llea Community and local govemment education. · Research Guidance and outreach for certain nonpoint source threats. 7. New YoU( Slate LegislalNe on Win_m- Resource Needs of Long Island Education. Recommending State legislation. 1. M~Govemments Adopting local groundwater protection ordinances (including delineation), Implementing and enforcing the ordinances. Using zoning, site plan review, subdivision review powers to protect groundwater and wellhead areas. Inventorying sources of contam- Ination, as coordinated with water supplier and other state and local agencies, and as determined by local management programs for wellhead protection. P- CourW Govemmants Implementing NYSDEC and NYSDOH programs that are related to wellhead protection (as coordinated by the relevant state agency). Adopting ordinances to supplement existing state regulations (6 NYCRR and 10 NYCRR), as appropriate, and Implementing and enforcing the ordinances. Providing local assistance to municipal and town govemments related to wellhead protection. Inventorying sources of contam- Ination, as coordinated with water supplier and other state and local -13- agencies, and as determined by local management programs for wellhead protection. Educating county citizens and commercial sector concerning groundwater and wellhead protection. 3. Regional Planning Agencies Promoting and supporting local wellhead protection efforts. Inventorying sources of contam- ination, as coordinated with water supplier and other state and local agencies, and as determined by local management programs for wellhead protection. 4. Public Water Supply Systan Purveyors Evaluating need for and initiating (if appropriate) adoption of watershed rules and regulations including definition of prote~ion zones. Inventorying sources of contam- ination, as coordinated with other state and local agencies, and as determined by local management programs for wellhead protection. Enforcing Watershed Rules and Regulations, in coordination with relevant state and local agencies. Implementing conditions of water supply permits, in coordination with relevant state and local agencies. Complying with emergency planning requirements of DOH. Participating in water user and public education efforts. -14- CHAFTER 3 WEI [HEAD PROTECTION AREA DEUNEATION 3.1. Introduction and Institutlonal Processes 3.1.1. Introduction The comprehensive New York State Groundwater Management Program, developed in the early 1980's and published in revised and final documents in 1986 (for Long island) and 1987 (for Upstate), recommended key policies and program initiatives endorsing geographictargefing and critical area protection. These concepts were forerunners of the Safe Ddnklng Water Act's Wellhead Protection Program. Significant pro- grass has been made in different aspects of geographic targeting of programs and in different parts of New York State. New York acknow- ledges these accomplishments as an integral part of its overall Wellhead Protection Program. Delineation determines geographic areas for which different levels of groundwater protection activities ara to be Instituted. The Wellhead Protection Program in New York State Is Intended to accomplish a wider recognition of targeting objectives by all levels of government, by citizens in general, and to begin an evolutionary process toward improved targeting and protective program Implementation. The basic wellhead protection dallneation approach in New York State recognizes aquifers as the fundamental geographic unit for targeting management efforts. This approach must be modified where aquifers are broad regional systems (DEC considers this case to occur only on Long Island), or where aquifers are not well character[zed (considered to be the case for bedrock aquifers, In general), Elsewhere, the unconsolidated aquifers of New York tend to be of limited areal extent and they generally include the Important recharge areas within their boundaries. These unconsolidated aquifers also are the source of the large majority of groundwater-derived public water supply systems. The New York State Wellhead Protection Program proposes that unconsolidated aquifer boundaries (the land surface overlying the aquifer) serve as the baseline definition for the overall wellhead protection area (WHPA). For the baseline definition, both confined and unconfined unconsolidated aquifers are grouped together. Revisions are allowable based on site-specific evaluations. This aquifer boundary approach is proposed to be modified on Long Island and for wells in bedrock aquifers as described in Section 3.2. For all public water supply wells, specific proposed WHPA delineation policies are described in Section 3.2. The aquifer boundary approach for the overall WHPA has several distinct advantages. It takes advantage of considerable recent and ongoing work in mapping and detailed assessments of aquifer boundaries. Incorporating this work directly Into the Wallhead Protection Program provides a practical way for more effective targeting to move forward rapidly rather than being constrained by the need to perform modaling to delineate protection areas. The aquifer approach also encompasses other non-public walls and potential future well sites, and places major focus on the high-yielding groundwater resources which are most important and most vulnerable. This last aspect is considered very important in the education component of wellhead protection, both for local officials and for the general public. Wellhead protection area dalineation is an evolutionary process. The first need for refinement is the further subdivision of the total wellhead protection area, as required for differentiated management objectives. A second area for potential refinement is delineation of the overall WHPA in the Glacial Aquifer on Long Island and in bedrock aquifers. Issues related to these topics are reviewed In both Sections 3.2 and 3.3. Flexibility for refinement or revlelon is very Important due to the wide variability in -15- hydrogeologic settings, data availability, and local degree of contamination threat in New York State. 3.1.2. Institutl(mal Proceseas for (;)vemll Delineation PoIIole~ Advisory committee and work group input into the originalcomprehensiveGroundwaterManagement Program was substantial. The basic concept of geographic targeting was set forth in that program. The groups included: · Federal Agencies (EPA, USGS) State Agencies (DEC, DOH, DOT, Agriculture & Markets, Energy Office, Geological Survey) · Cornell University · County Agencies (Health, PLanning) Associations (Conference of Mayors, American Water Works Association, Business Council) · Citizen Groups (NRDC, League of Women Voters) DEC reconvened most of the original contributors into an advisory committee to assist in guiding the Wellhead Protection Program, with particular emphasis on delineation issues. Added to the original group have been: · State Agencies (Department of State) · County Agencies (a wider range of county participants) Regional Agencies and Commissions (additional planning and legislative commissions) · Associations (Association of Towns, American Water Resources Association) The new group, the Wellhead Protection Advisory Committee, has also included additional partic- ipation from the U.S. Geological Survey and DEC geological staff. The delineation approach proposed in this submittal was recommended by the DEC Groundwater Management Section (responsible for developing the program) and agreed to by the Wellhead Protection Advisory Committee (members listed in front of submittal). The delineation approach directly conforms with the policies in the formally adopted Upstate New York Groundwater Management Program and Long Island Groundwater Management Program. The DEC has also established a Memorandum of Understanding (MOU) with the DOH concerning the development of the Wellhead Protection Program. Additional MOU's will be developed as needed to institutionalize interagency working arrangements. To support the technical needs of DEC and of local governments in carrying out and refining delineations, DEC plans to convene an ongoing Delineation Technical Workgroup consisting of geologists and groundwater management staff of DEC, DOH, State Geological Survey, USGS, and local governments. This group would consider revisions or improvements in the overall delineation approach, and would essentially be concerned with hydrogeologic aspects of the program rather than administration or contamination source control. The mission of this group is to provide recommendations to the DEC staff responsible for the overall Wellhead Protection Program. it will be convened upon EPA approval of New York State's submittal and will meet on at least a semi-annual basis or as needed. Local authorities Involved in wellhead protection may vary, as discussed elsewhere in this submittal. Therefore, uniform institutional processes at the local level will not be proposed across the entire state. Local agencies may act according to their own needs and authority. However, in ell oases where Watershed Rules and Regulations are utilized as the local wellhead protection approach, the existing requirements of the New York State Department of Health (DOH) will be followed. Similarly, for all new wells, the institutional requirements of the New York State Department of Environmental Conservation's (DEC) Water Supply Permit Program will apply. -16- The proposed responsibility for initiating refine- ments of the baseline delineations described in this submittal will depend upon the regulatory approach adopted. Delineation refinements to be incorporated in Watershed Rules and Regulations approaches will be initiated and performed by water purveyors. Delineation refinements to be incorporated in county, town, village or city ordinances (including local public health ordinanc- es) will be initiated and performed by the corre- sponding political authority. Delineation refine- ments to be incorporated in stata-iavel regulatory programs will be performed by DEC. In practice, most local activities will involve coor- dination with the State DEC and DOH. Each Department routinely reviews local activities to ensure that there are no conflicts with respect to policies and procedures and advises on the availability of technical information for delineation purposes. The overall coordination for aspects specifically related to the WHPP Is the responsibil- ity of DEC. Other institutions, particularly the U.S. Geological Survey and Comell and other universities, may be involved in special projects or case studies, as coordinated by DEC. 3.2. Delineation Cr~er~. Thresholds and Methods The existing, and still evolving, geographic target- ing framework for groundwater protection pro- vides a priority system for managing risks to groundwater. Following is a brief summary: Groundwater Classification - 6 NYCRR Part 703 Ambient water quality standards and guide- lines apply to all Class GA (fresh) groundwaters. Class GA groundwaters are defined as having best use as a source of drinking water and must meet New York State's drinking water standards In addition to the ambient standards. State manage- ment programs use this framework for -17- protection of all fresh groundwaters In New York State. · Unconsolidated Aouifers Mapping of unconsolidated aquifers has progressed significantly including State- defined primary and principal aquifers which are subsets of the unconsolidated aquifers. Site-specific detailed mapping is still in progress. Primary and principal aquifers are generally similar geologically (both ara highly produc- tive unconsolidated deposits); primary aquifers are those which have large popula- tions using them as drinking water sources. Pdmary aquifers have high priority for mapping additional hydrogeologic data through the DEC/USGS cooperative pro- gram, and in special Long Island programs. These delineations are used in the process for siting new waste disposal facilities. · Lon~ Island Hvdrooeofoofc Zones Eight hydrogeologic zones have been delineated, covering all of Long Island. Three of these together comprise the Deep Flow Recharge Area. Management pro- gram initiatives (e.g., h~7~rdous substance storage) ars based on this Deep Flow Re- charge Area. Special Groundwater Pro~ecflon Ar- eas Nine Special Groundwater Protection Areas have been delineated within the Deep Flow Recharge Area in both Nassau and Suffolk Counties and are currently the subject of a planning project by the Long Island Region- al Planning Board. Suffolk County has specifically defined "Water Supply Sensitive Areas' which In- clude zones 500 feet downgradiant to 1,500 feet upgradient of public wells In the Upper Glacial Aquifer. Watershed Rules and Regulations are promulgated by the NYS Department of Health upon initiation by local water pur- veyors. These include delineations of protection management zones for public water supply wells. The WRR delineations do not conflict with the wellhead protection area delineation policies proposed in this submittal. The NYS Solid Waste Management Program, in 6 NYCRR Part 360, has defined "public water supply wellhead area" as the surface and subsurface area between a public water supply well or wellfield and the 99% theoretical maximum extent of the stabilized cone of depression of that well or wellfleld considering ell flow system boundaries and seasonal fluctuations. New landfills ara banned in these areas, in addition to all primary and principal aquifers in the Upstate area. Special provisions are defined in law for Long island siting. As with the Watershed Rules and Regulations, there is no conflict in terminology between the Part 360 public water supply wellhead area and the overall wellhead orotection area proposed in this submittal. The overall protection area includes, and is larger than, the Part 360 wellhead itself. For landfill siting, Part 360 regulations will prevail. Part 360 determinations ara made only for proposed landfill siting cases. Other setback requirements have bean utilized in various state or local management programs. When used, such as for pesticides (e.g., aldicarb) or septic tanks, the setbacks apply to all wells, public or private. As with the other targeting approaches, such setbacks do not conflict with the proposed wellhead protection area policies. Direct protection of the wellhead itself is achieved through adoption of construction specifications and standards. These are administered by the New York State Department of Heelth and follow the "Recommended Standards for Water Works' (NYS Health Department Bulletin · 42, 1982). They apply to public water supply wells. 3.2.2. W P Defineation Obieeffves The USEPA guidance for development of wellhead protection programs (Guidance for Applicants for State Wellhead Protection Program Assistance Funds under the Safe Drinking Water Act, EPA 440/6-87-011) contains the expectation that proposed programs will be designed to provide protection from three types of threats: direct introduction of contaminants in the immediate well area, microbial contaminants, and chemical contaminants. The first is dealt with through well construction and completion standards to be applied at the wellhead itself. The second is managed by delineating a zone to keep potential sources sufficiently distant from the well to allow die-off of the microorganisms. Establishing a minimum distance by measurement or by time-of-travel is the most common procedure for delineating areas for protection against microbial contamination. To achieve protection against chemical contamination, EPA suggests three delineation approaches: delineation of weltfield management areas, contamination attenuation zones, or remedial action zones. Since chemicals can travel long distances, all or part of the recharge area for a well becomes the zone to be delineated for protection efforts. The overall goals of New York State's delineation approach ara essentially a combination of the wellfield management and remedial action zone goals described by EPA. Wellfleld management is used to define areas where heightened levels of protection will be -18- emphasized. A number of different zones may be delineated for a single water supply to provide different levels of management. The management options may range from selected land use prohibitions to specialized design specifications, enhanced facility Inspections, or Increased monitoring and education. The remedial action area approach excludes high risk actlvitlas from a specifically defined zone but still allows them in more distant recharge areas. This may be refined by varying exclusions in different zones according to risk or the importance of the activity. The remedial action area concept Is best applied to new or changing land uses, whereas wellfleld management may be applied to existing or new land uses. The contamination attenuation zone approach described by EPA Is difficult to strictly apply due to limited capabilities to accurately predict chemical migration and persistence. In addition, the New York State groundwater standards apply to all fresh groundwatars, reducing the utility of an attenuation zone approach. 3.2.3. Delineation Poligy The underlying objective of delineation is to use different degrees of management to contro/risks to water supplies. The significant diversity in geological conditions, aquifer use, and In local govemment capabilitlas across New York State indicates that the approach to delinaation can not be uniform and rigid for ell locations. The ideal technical goal of wellhead delineation is to have sufficient knowledge of the hydrogeology of each public water supply well or wellfleld to allow precise determination of the catchment area elong with accurate timas-of-travel for the entire flow system. Such information is not uniformly available across the state. New Information will become available unevenly as funding from various local, state and federal sources Is applied to specific priority areas. In this setting, the New York State Wellhead Protection Program proposes general recognition of high-yielding aquifers (both confined and unconfined) as the fundamental wellhead protection area units. As described in Sectlon 3.2.4., this policy recognizes that more targeted delineations will be necessary on Long Island because it is entirely an aquifer. AJso, bedrock aquifers are not adequately characterized now to ellow this approach; however, most of the major, high-yielding aquifers in New York are in unconsolidated deposits. Within the wellhead protection area, delineation of an area designated as the remedial action area is proposed, as described in Sectln 3.2.5. This policy is Intended to reinforce public and management program recognition of the need to protect high-yielding aquifers. It takes advantage of considerable pest and ongoing work on aquifer mapping and delineation and will permit further progress in communities which have elready delineated aquifer boundaries and protection areas. These communitlas may directly proceed to management Implementation or may utilize available funds on more advanced hydrogeologlc eveluations within the WHPA, depending on local needs and goals. Within this framework, utilization of elternative delineation approaches (such as time-of-travel) is ellowed and encouraged. In most cases, such elternative approaches would be applied to subdividing the WHPA within the unconsolidated aquifer boundaries for applying different levels of management The WHPA Itself would remain the area defined by aquifer boundaries. In some cases, such as for bedrock aquifem, the alternative approaches may be used to redefine the WHPA Itself. The Department of Environmental Conservation will be responsible for providing guidance for such elternative approaches. 3.2.4. ~aEiJ..E~E~ Delineations The wellhead protection area delineation approach is summarized In Table 3.1. It recognizes that the aquifer system on Long Island and bedrock aquifers In Upstate New York must be treated differently than the unconsolidated aquifem in Upstate. The unconsolidated aquifer boundaries for the wellhead protection areas are those delineated on a series of maps titled -19- TABLE 3.1. WELLHEAD PROTECTION AREA DELINEATION SUMMARY Wellhead Protection Area Geographic Region Aquifer Area Baseline Delineation Long Island Magothy & LJoyd Aquifers Deep Flow Recharge Area Glacial Aquifer Simplified Variable Shape: 1,500 ft. radius upgradient 500 ft. radius downgradient Upstate Unconsolidated Aquifers Aquifer Boundaries (land surface) Bedrock Aquifers Fixed Radius: 1,500 ft. radius -20- 'Potential Yields of Wells In Unconsolidated Aquifers in Upstate New York' by the U.S. Geological Survey. Specifically, these maps, distributed for sale by the U.S. Geological Survey, are as follows: Bugliosl, E.F., et al.. 1988. Potential Yields gf Wells Itl Unconsolidated Aauffers in ~lnstate New York - Lower Hudson Sheet. Water Resources Investigations Report 87- 4274. U.S. Department of the Interior, Geological Survey, Albany, NY. Bugliosi, E.F., et al.. 1988. Potential Yields of Wells in Unconsolidated Aouifers In Uostate New York - Hudson Mohawk Sheet. Water Resources Investigations Report 87-4275, U.S. Department of the Interior, Geological Survey, Albany, NY. Bugllosl, E.F., et al.. 1988. P~t~ntlal Yields of Wells in Unconsolidated Aouifers In I, Jnstate New Ygrk - Adirond{~:k Sheet. Water Resources Investigations Report 87- 4276, U.S. Department of the interior, Geological Survey, Albany, NY. Miller, T.S., 1988. I,Jn(:Onsblidated Aauffers in Uostate New York - Finaer Lakes Sheet. Water Resources Investlgatlona Report 87- 4122, U.S. Department of the Interior, Geological Survey, Albany, NY. Miller, T.S., 1988. PQtentlal Yields of Wells In Unconsolidated Aauifers In Uostate New York - Nlaaare Sheet. Water Resources Investigations Report 88-4076. U.S. Department of the Interior, Geological Survey, Nbany, NY. The boundaries Illustrated on these maps serve as the total wellhead protection areas for public water supplies utilizing those aquifers. In certain cases, more detailed aquifer boundary maps or determinations for primary or principal aquifers (subsets of the full range of unconsolidated aquifers) have been or will be made by the U.S. Geological Survey or NYS Department of Environmental Conservation. These more detailed boundary determinations will generally supersede boundaries illustrated on the above referenced maps as "revised" delineations of wellhead protection areas. Both unconfined and confined unconsolidated aquifers are included on these maps and both are included in this definition of the overall wellhead protection area. For all public water supplies utilizing groundwater, the overall wellhead protection area (WHPA) delineation will be subdivided into two parts. The Innermost zone is referred to as the Remedial Action Area. The remainder of the WHPA is referred to as the Wellfield Management Area. The terminology is derived from the EPA guidance referenced eadier. Depending on local management objectives for groundwater protec- tion, local hydrogeology, and data availability and resource availability, the Welifield Management Area may be further subdivided. This further subdivision of the Welifield Management Area would be considered a refinement of the 'baseline' delineation. Methodologies, criteria and thresholds used for such revisions are flexible. Approaches proposed by local water purveyors will be evaluated and approved or disapproved upon submittal to the New York State Department of Environmental Conservation. The term "baseline" delineation, as used In this submittal, Is Intended to represent the Initial WHPA delineation advocated by the Department of Environmental Conservation. The delineation may be directly utilized in implementing manage- ment activities for groundwater protection. However, if sEe-specific conditions suggest that alternative delineations are appropriate (including the further subdivision of the Wellfield Management Area already cited), those delin- eations may be accepted by the Department of Environmental Conservation. The evolution of Improved delineation techniques, the growing availability of hydrogeologlc Information, and the longer-term enhancements of groundwater protec- tion programs may lead to a redefinition of the baseline delineations by the Department of Environmental Conservation. These basalina delineations apply to public water supply wells. Applicants for new public water supply wells may be required to perform -21- alternative sEe-specific delineations according to conditions stipulated through the Water Supply Permit Program (refer to Chapter 7). The proposed WHPA delineations are described according to the following geographic and hydrogeologic settings. They are also summarized in Table 3.1. Unconsofidated Aaulfem - Uastate New Y~;~rk 1. WHPA Definition: The boundaries of wellhead protection areas for public water supplies in unconsolidated aquifers in Upstate New York are the land surface boundaries of the aquifers as illustrated on the five-aquifer sheet maps for Upstate published and distributed by the U.S. Geological Survey (see earlier reference). These boundaries may be revised in accordance with more detailed primary and principal aquifer maps and boundary determinations as approved by the Department of Environmental Conservation. The maps provide definition for both unconfined and confined aquifers. Revisions of these boundaries may be made, pending approval by the Department of Environmental Conservation. 2. Rationale: The delineations proposed above are hyd rogeologically-based and are consistent with the policies and goals of the Upstate Groundwater Management Program already adopted and certified by the Governor of New York as an element of the New York State Water Quality Management Plan. 3. Maooln(~ and Case Studies: Mapping of these areas is already completed and published. Case studies are not considered appropriate, as the maps have been reviewed and approved by the U.S. Geological Survey and the Department of Environmental Conservation as part of the publication process. 4. Public Water SUODIV Sionificance: The large majority of public water supplies using groundwater, particularly for municipal and community systems, are located in unconsolidated aquifers. It is expected that a significant proportion of additional future supplies will also tap these systems. Bedrock A(~uifem - Uostate New York 1. WHPA Definition: The baseline boundaries of wellhead protection areas for public water supplies in bedrock aquifers are fixed radius areas with a radius of 1,500 feet from the wellhead. Revisions based on site-specific information are desirable, with the goals being to identify and delineate principal recharge areas. Revisions may be developed, pending approval by the Department of Environmental Conservation. 2. Rationale: The fixed radius approach for the initial WHPA is not based on estimated times-of- travel or drawdown. It provides a substantial increase in protection over more commonly existing protection zones (typically 100 feet or 200 feet). The principal rationale is that the baseline delineation gives a basis for immediate action on wallfiald management without requiring expensive site-specific delineations. Revisions based on local conditions are encouraged, particularly for municipal community systems, of which there are relatively few in the State. The geographic targeting benefits of uniformly delineating substantially larger fixed radius areas for all bedrock wells are very questionable. Many of the bedrock public water supply wells are among the approxi- mately 10,000 non-community public wells (e.g., isolated public buildings, roadside rest areas, etc.). There will be little geographic targeting advantage for groundwater protection programs if -22- numerous 3 to 12 square mile WHPA's (1-2 mile radius) for non-community wells intersect or nearly intersect across the State. It must be recognized that all fresh groundwaters in bedrock aquifers ara classified as GA groundwaters and thus are already protected by substantial statewide protection programs which use rigorous ambient water quality standards In their design. 3. Maccino and Case Studle~: Mapping will be performed according to the phasing priorities described in Section 3.3. Case studies of fixed radius approaches are not considered to be of significant benefit. As proposals for revisions based on alternative approaches are submitted to the Department of Environmental Conservation, they will be evaluated for potential use as models for comparable hydrogeologic conditions. 4. Public Water SUDOIV Sionificance: Relatively few municipal community systems utilize bedrock aquifers In New York State and those that do are generally with Iow population dependence. Public water supplies in bedrock aquifers are typically non-community wells serving small numbers of people. Ma(xXhv and Uovd A~uifera - ~ Island 1. WHPA Definltign: The boundaries of the wellhead protection area for public water supplies using the Magothy and Uoyd aquifers are the boundaries of the Deep Flow Recharge Area as recognized by the Department of Environmental Conservation. Refinements within the overall WHPA may include further definition of Wellfleld Management Areas, pending approval by the Department of Environmental Conservation. 2. Rationale: The Deep Flow Recharge Area was determined to be the most important overall groundwater protection araa for wells in the Magothy and Lloyd aquifers in the Long Island Groundwater Management Program already adopted and certified by the Governor of New York as an element of the New York State Water Quality Management Program. The delineations have also been adopted in the Suffolk County Sanitary Code. 3. In t I : Mapping of the Deep Flow Recharge Area Is already completed. Additional case studies are not considered appropriate. 4. Public Water SUDclV Slonificance: Most public water in Nassau County is withdrawn from the Magothy aquifer. The majority of public water supplies in Suffolk County ara also withdrawn from the Magothy aquifer. Of those public water supplies in Suffolk County utilizing the Glacial aquifer, approximately half are located within the Deep Row Recharge Area. Thus, these wells ara included within the overall wallhead protection area for the deeper aquifers. Glacial Aoul u' - Lon Ill,and 1. WHPA Definition: The boundaries of the wellhead protection area for public water supplies using the Glacial aquifer ara defined as a fixed variable shape zone with a fixed radius in the upgradient groundwater flow direction of 1,500 feat and a fixed radius In the downgradient direction of 500 feet. Revisions may be made, pending approval by the Department of Environmental Conservation. 2. Rationale: Fixed-shape zones are not based on calculated time-of-traval or drawdown. The proposed definition is consistent with Water Supply Sensitive Areas already dellnaated by Suffolk County (which contains nearly all of the Glacial wells on Long island) and for which enhanced protection programs have already bean implemented in the Suffolk County Sanitary Code. Approximately half of the Glacial wells ara within the Deep Flow Recharge Area and are thus protected within a larger overall WHPA. Significant expansion of the WHPA for all Glacial wells may not provide any reasonable geographic targeting benefits, as most of the WHPA's would intersect or nearly intersect. All frash groundwaters in the Glacial aquifer are already covered by substantial protection programs which utilize a rigorous set of ambient water quality standards. 3. MaDDina and Case Studies: Mapping of the WHPA's for Glacial wells in Suffolk County has been completed through the Water Supply Sensitive Area dalinaations. For the relatively few Glacial wells In Nassau County, mapping will be completed according to the phasing priorities described in Section 3.3. Case studies of fixed-shapa delineations ara not considered to be of significant benefit. As proposals for revisions based on alternative approaches are submitted to the Department of Environmental Conservation, they will be evaluated for potential use as models for other Glacial well dallneations. 4. Public Water SUDOlV Sionlflcance: As stated previously, approximately one- fourth of the public water supplies in Suffolk County are based in Glacial wells that are outside of the Deep Flow Recharge Area. If Nassau County is included, only about one-eighth of the water supply dependency is from Glacial wells outside of the Deep Flow Recharge Area. For all community public water supply wells, regardiass of setting, a remedial action area will be delineated within the WHPA. For those supply wells, the proposed baseline delineation of this area will be a fixed radius zone of 200 feat radius from the wall Revisions may be made after evaluation by the Department of Environmental Conservation. For non-community public water supply wells (e.g., isolated public buildings, etc.), the existing New York State Department of Health standards for well separations (e.g., from waste disposal facilities) ara to be fbllowed. The rationale for this baseline delineation is based upon general observations in the past that such a zone has been adequate for protection against microbiological contamination. An alternative time-of-travel basis for dalineating revised remedial action area boundaries would be to use a time-of-traval from a minimum of 60-days up to one year. The 60-day period has been used in New York State and in many European countries (USEPA, EPA 440/6-87-010, Guidelines for Delineation of Wellhead Protection Areas). A one- year period is considered conservative. In certain cases, the site-specific hydrogeoiogy (e.g., confined aquifer conditions or tong times-of-travel) and the nature of existing land uses and management options may allow ramedial action areas smaller than 200 feat radius. 3.?-6. P ' Table 3.1 summarizes the baseline delineations for wellhead protection areas. Refinements may include: Subdivision of the Wallflald Management Area portion of the WHPA, to allow application of different levels of management within the WHPA. Revision of the RemecliaJ Action Area portion of the WHPA, according to alternative methods, including time-of-travel or drawdown analysis. -24- Revised boundary determinations of the unconsolidated aquifem in Upstate, Including primary and principal aquifers, or of the Deep Flow Recharge Area on Long Island. Alternative hydrogeologlc determinations of appropriate WHPA's in bedrock aquifers or for wells in the Glacial aquifer on Long Island. 3.3. Phasing Consid~ The published unconsolidated aquifer maps cited in the previous section complete the baseline WHPA delineations for all public water supply wells within those aquifers. The completed delineation of the Deep Row Recharge Area on Long Island has been defined according to read boundaries. That delineation defines the WHPA for all public water supply wells In the Magothy and Uoyd aquifers. The baseline WHPA boundaries for public water supply wells using the Glacial aquifer in Suffolk County have been determined by the Suffolk County Department of Health Services through its Water Supply Sensitive Area designations. The remaining baseline WHPA boundary determinations that are needed consist of a relatively small set of Glacial aquifer wells and public water supply walls In bedrock aquifers. The phasing priorities for these groups are, in order: 1. Municipal community walls 2. Non-municipal community wells 3. Non-community public wells Within each priority group additional phasing may be generally ordered by population dependency with modifications made if there are significant known or suspected threats to the wells. It is emphasized that the baseline WHPA delineations for the very large majority of public water supply wells (by population served) are completed. The delineations for the remaining bedrock wells and Glacial wells will be performed as resources permit. 3.4. Summary The baseline wellhead protection area delineations are considered to be completed through the published aquifer maps cited in this chapter. These cover both confined and unconfined aquifers and Iow- and high-yielding aquifers. The Deep Flow Recharge Area on Long Island has also been delineated. It Is noted that the Deep Flow Recharge Area on Long Island also Includes many wells using the shallow Glacial aquifer, and thus provides an added layer of protection. Refinements (i.e., delineation of additional sub- zones of the overall WHPA) have been completed in many areas. However, such refinements are optional. Their evaluation and delineation will be a goal of future efforts in wellhead protection -25- CHAPTER 4 SOURCE IDENTIFICATION 4.1. Cate(reties of Potanlial Groundwater 4.1.1. I~uction Potential contamination sources as described in the federal Safe Ddnking Water Act include those anthropogenic sources, both point and nonpoint, which involve the manufacture, usa, storage, handling, transport, or disposal of toxic and hazardous substances which may have any adverse effect on human health. Certain activities (e.g., mining) may also be considered potential soumes, becausa they may Increase vulnerability to contamination and may be associated with other activities of concern. In the broadest sense, potential contamination sources may include nearly all commercial, and many governmental and domestic activities. To be useful in guiding the management of contamination sources to maximize groundwater protection benefits, some differentiation or priority system is needed. Priorities are based on the significance of the source and the intended management application of the inventory. Source significance is based on the type of contaminant (mobility in groundwater, known impacts on public water supplies, toxicology, pathogenicity), the quantity of the contaminant at that location, and the potential of that source type to releasa contaminants to groundwater and impact water supplies. The management applications of the source inventory may include: Developing local awareness and support for groundwater protection program adoption; Emergency response planning; Inspection planning or sequencing; Monitoring design; Enforcement; tracking compliance; Targeting education efforts; · Regional and local planning; · Local land use regulations development; and Identifying new program or program improve- ment needs. 4.1.2_. Cla~ of= Sou~ Potential contamination sources may be classified in many ways. The major need for groundwater protection is to provide a structure for collecting and interpreting data regarding existing contamination sources which is readily useable in a variety of programs. The United States Office of Technology Assistance developed a comprehensive listing of potential contamination sources, including 33 types within six major groups (1'able 4.1). This classification has bean included in wellhead protection program guidance manuals prepared by USEPA. All of thesa source types occur within New York State, although mine tailings, mine waste and mine drainage are less important than in many other states. Mining (e.g., sand and gravel) is still considered to be a potential source in that may be associated with other activities (fuel usage) that can contaminate groundwater. The OTA classification in Table 4.1 is endorsed by the Department of Environmental Conservation as a usafui structure for collecting data related to potential contamination sources. A long-term goal of contamination source inventory is to utilize computer geographic information systems (GIS) to manage and interpret the data collected. The mapping keys of GIS methods or other maps wilt not be required to explicitly duplicate the OTA classification, as this would be counterproductive if more efficient -26- T/~BLE 4.1 SOURCES OF GROUNDWA[P-~ CONTAMINATION CATEGORY 1: ff~.J~J~{~l~ - Subsur[ace pemolatlon (e.g., septic tanks and cesspools) - Injection wells · Hazardous waste · Non-hazardous waste (e.g., brine disposal and drainage) · Non-waste (e.g., enhanced recovery, artificial recharge solution mining and in-situ mining) - Land application · Wastewater (e.g., spray Irrigation) · Wastewater by-products (e.g., sludge) · Hazardous waste · Non-hazardous waste CATEGORY 2: Sources Deslanatad to Store. Treat. and/or Dispose 'l'hrou~h Unolanned Release - Landfills · Industrial hazardous waste · Industrial non-hazardous waste · Municipal Sanitary - Open dumps, Including litega[ dumping (waste) - Residential (or local) disposal (waste) - Surface impoundments · H~Tnrdous waste · Non-hazardous waste - Waste tailings - Waste piles · Hazardous waste · Non-hazardous waste - Materials stockpiles (salt, coal, etc.) - Graveyards - Animal burial - Aboveground storage tanks · Hazardous waste · Non-hazardous waste · Non-waste (petroleum, etc.) - Underground storage tanks · Hazardous waste · Non-hazardous waste · Non-waste (petroleum, etc.) - Containers · Hazardous waste · Non-hazardous waste · Non-waste - Open burning and detonation sites - Radioactive disposal sites CATEGORY 3: Sources Deslaned to R~aln oat or Transmission - Pipelines · Hazardous waste · Non-hazardous waste · Non-waste (petroleum, etc.) SOURCE: Offi~TechnologyAssessme~,protectlnatheN~ion'sGrou~waterEomCo~amln~ion, October1984. TABLE 4.1 8OURCE$ OF GROUNDINATER CONT/~IINATION (Continued) - Materials transport and transfer operations · Hazardous waste · Non-hazardous waste · Non-waste (petroleum, etc.) CATEGORY 4: ,~jrces Di~charaina Substances as a Consequence of Other Planned Activities - irrigation practices (e.g., return flow) - Pesticide applications - Fertilizer applications - De-icing salts applications - Urban runoff - Pemolation of atmospheric pollutants - Mining and mine drainage · Surface mine-related · Underground mine-related CATEGORY 5: Sources Provtdina Conduit or Inducir~ Dtscharae Thrmmh - Production wells · Oil (and gas) wells · Geothermal and hast recovery wells · Water supply wells - Other wells (non-waste) · Monitoring wells · Exploration wells - Construction excavation CATEGORY 6: Naturally occurrina ,~ Whose Discharae 19 - Groundwater-surface water interactions - Natural leaching - Saltwater intrusion/brackish water upconing (or intrusion of other poor quality natural water) SOURCE: Office of Technology Assessment, Protectino the Nation's Groundwater from Cont~min{tti0n, October 1984. -28- keys are developed. However, the goal of all acceptable source inventory approaches will be to include the categories in the OTA listing. 4.2. Contamination Source Inventory Procedures Mapping of sources should use a minimum base map scale of 1:24,000 for printed map or map overlays. The use of alternative larger scale base maps which enable more precise locations (e.g., tax maps) should be considered on a case-by~ case basis. GIS methods may be accepted, pending approval by the Department of Environmental Conservation. Overall GIS compatibility will be a major concern. Extensive source-related data systems and registries for the most important potential contamination sources already exist in New York State. However, these vary in design and geographic specificity. These important data systems include, but are not limited to: · Groundwater discharge permits Industrial Chemical Survey: Locations of usage, handling and storage of industrial and toxic chemicals Underground Injection Control (UIC) Prograrn data, especially UlC Class V wells (USEPA program) Emergency management and response data, including the Superfund Amendments Reauthorization Act (SARA) Title III data · Solid waste facility locations Hazardous waste site Iocatlona (inactive and active) · Hazardous waste generators · Mining operation locations Oil and gas production locations · Petroleum storage locations · Petroleum and chemical spill or leak locations · Hazardous substance storage locations · Radioactive waste storage locations The recommended procedure for contamination source inventory at the local leval is as follows: The lead responsible local authority obtains the location data for the major categories listed above with the assistance of DEC and other local, state and federal agencies. The lead responsibility is determined by the Intended management approach (e.g., county agency if county ordinances are intended, town officials if town ordinances are intended, water purveyor if Watershed Rules and Regulations are intended, etc.). Lead responsible local authority collects available information on other categories of sources listed in the OTA classification in Table 4.1. General field survey performed to confirm or revise collected Information and to fill in information gaps. 4. If used, GIS mapping methods are coordinated with DEC to ensure compatibility. If GIS methods are not directly used, hard copy maps ara prepared on a 1:24,000 scale or larger. Baseline wellhead protection areas have already been determined by the policies described in Chapter 3. In certain cases, where a locality has further subdivided the overall wellhead protection area into higher priority and lower pdorlty areas, source inventory activities may be phased to focus on the higher pdority area. Contamination source inventories should generally follow delineation activities to focus those efforts. The inventory stage may collect information from areas larger than the WHPA itself, depending on the geographic specificity of the available data bases cited above. The general priorities for source Inventory, if phasing Is necessary, should be to focus on waste disposal sites, petroleum storage sites, hazardous/toxic substance usage, storage and handling locations first, as most known public water supply well contaminations have been related to these sources. Out of the wide array of hazardous substance locations, first priority should be given to the chlorinated solvents, because these are the most common type of public water supply well contamination. Alternatively, higher priorities may be placed on inventorying sources of chemicals Included in the New York State drinking water quality standard category known as "Principal Organic Contaminants" (10 NYCRR Part 5), which includes the chlorinated solvents and other high priority chemicals of concern to public water supplies. 4.3. Comoletiolt Reltnement and Undate of Contamination Source Inv~orV A major goal of source inventory is to support the needs of a groundwater prote~ion management program. Therefore, the ideal completion target for source inventory is prior to final adoption or promulgation of groundwater protection ordin- ances or Watershed Rules and Regulations. Source inventory should be performed in support of and as pert of the overall management planning process for local protection programs. In some cases, as in complex commercial or industrial areas, phasing of source inventory activities will be necessary. The first level should be identifying industrial or commercial zones. More detailed phases may categorize the industrial or commercial land uses. The ideal, exhaustive inventory of all specific sources may not ultimately reside within a wellhead protection program data base. Rather, the most detailed data bases will reside with the appropriate regulatory program (e.g., petroleum bulk storage registry, etc.). Unnecessary duplication of efforts should be avoided. The adoption of GIS mapping procedures will allow continuous updating of the source inventory. In the absence of GIS capebilitias, printed or overlay updates should be completed at least every five years by the entity assuming the lead role in local protection program implementation (county, town, municipality, or water supplier). Management program staff at the local and state level ordinarily maintain continuously updated files regarding regulated sources of contamination. The Depertment of Environmental Conservation has initiated systematic inventories for several areas of the state by contracting with regional planning and development boards or councils utilizing Clean Water Act, Section 205(j)(5) pess- through funds. In eight different regions, the boards have selected municipal water supply systems and are inventorying contamination threats generally within a mile of the wells. This will be a beginning for a statewide system with some of the boards prepering their information in a GIS format as well as on 1:24000 maps. For Nassau and Suffolk Counties on Long Island, Region 1 staff of DEC has been perticipeting in a GIS user's group, comprised of representatives of federal, state, county, and local agencies. The group is building a shared data system which will result in an inventory of many groundwater contamination threats and of known groundwater quality problem areas in relation to public water supply wells. Additionally, the Long Island Regional Planning Board, in conjunction with other local agencies, is assessing major threats to groundwater as pert of a comprehensive planning project for nine Special Groundwater Protection Areas covering large areas of Long Island. -30- CHAP[ER 5 SOURCE MANAGEMENT 5.1. Water resource protection programs in New York State have a long history. It was largely within the structure of New York State's existing programs and institutions that the state's groundwater management program was developed and it is within this structure that the Wellhead Protection Program will evolve. The provisions of the New York State Environmental Conservation Law and Public Health Law provide adequate authorities and mechanisms for Wellhead Protection Program implementation in New York at both the state and local levels. For example, statutory authority exists for promulgating watershed rules and regulations for local programs. The principal local needs are for local governments (including counties) to obtain staff resources to further implement protection activities. Adoption of local ordinances may be needed as well as support from the state through technical assistance, financial assistance and training. The foundation of needy all groundwater protection programs Is New York's stringent sets of standards and guidelines for ambient groundwater quality and drinking water quality. The standards themselves include broad classes of compounds, substantially reducing the possibility of unforeseen problems and the need for their revision. The availability of guidelines as a tool enables quick response to concerns with new substances. All fresh groundwatare In New York State are classified as potential sources of ddnking water and are protected through statewide application of programs designed to prevent degradation with respect to these stringent standards. Anti-degradation goals are applied to all groundwater. It is important to recognize that groundwatars outside of wellhead protection areas are not left unprotected. New York State has already adopted stringent protection programs for the most important categories of potential contamination sources. Certain nonpolnt source cetegodes are not directly controlled through specific state-level regulatory overelght (e.g., fertilizer applications, road salt applications). However, for these soume categories (and anv source category) any harm (e.g., contamination) Is actionable through 'public nulsence", a long standing common law doctrine in New York State. Liability, therefore, does exist even for sources not diractJy regulated. In these cases, best management practices (BMPs) and other tools may be more viable than direct regulation. The New York State Nonpoint Source Management Program, a new effort, is designed to address these needs. A complete identification and evaluation of all existing federal, state and local source management programs that have bearing on groundwater protection or potential contamination sources Is far beyond the scope of this submittal or of any single work. Rather, major programs ara briefly summarized In Section 5.2. Section 5.3. summarizes future source management considerations and management coordination. 5.2. Extstlna Source Control Proorams 5.2.1. ~ Aaonclea The USEPA is responsible for most of the major federal regulatory control programs for groundwater protection. These programs are given authority under tha Ciean Water Act (CWA), the Safe Drinking Water Act (SDWA), the Resource Conservation and Recovery Act (RCRA), SuperhJnd (CERCLA), the Federal Insecticide, Fungicide, and Rodentlclde ACt (FIFRA), and the Toxic Substances Control Act ('I'SCA). An overview of the coverage of these Acts is provided in Table 5.1. EPA policy in administering these programs is generally to delegate many of the specific program activities to the states upon request and upon attainment of legislative requirements; to provide flexibility for states to tailor the programs -31- Table 5.1 OVERVIEW OF USEPA STATUTORY AUTHORITY RELATING TO GROUNDWATER Clean Water Act Safe Drinking Water Act Resource Conservation and Recovery Act Superfund (Comprehensive Environmental Response Compensation, and Liability Act of 1980) Toxic Substances Control Act FIFRA (Federal Insecticide, Fungicide and Rodenticide Act) Principal regulatory programs focus primarily on surface water. The Act contains only general references to groundwater. However, the Act provides major sources of funding for state water pollution control programs. Authorizes EPA to set maximum contaminant levels and monitoring requirements for public water systems; provides for regulation of underground injection wells to protect drinking water aquifers; provides for designation of 'sole source" drinking water aquifers; provides source of funding for sts~e programs of public water supply regulation. Authorizes states to develop Wellhead Protection Programs. Provides for establishment of standards for hazardous waste treatment, storage, and disposal facilities; and requirements for ensuring that land disposal of solids or hazardous waste protects groundwater. Establishes the Federal Underground Storage Tank Program. Creates a trust fund to provide for emergency dean-up of chemical spills or h~TArdous waste dumps for which no responsible perb/can be immediately found. Trust fund money is derived from taxes on oil and 42 other specific chemical compounds. Authorb. es EPA to restrict or prohibit the manufacture, distribution, or use of products which may aclven~ affect the environment. Gives EPA the responsibility to oontrol the use of pesticides; specifioally, EPA is responsible for registering, canceling, suspending, or changing the classification of Individual pesticides for use, and considering a broad range of environmental impacts Including impacts as groundwater. -32- to most effectively meet environmental needs within each state, to the extent permitted by statute; to oversee state perl:ormance In carrying out delegated national programs which use federal grants; and to support the states through provision of technical expertise and research. The Underground Injection Control (UIC) program, a program not delegated to New York State, may benefit the Wellhead Protection Program through Inventory activities, particularly for existing UtC Class V wells. The DOH must also approve the subdivision of land when more then 4 new lots ara created within a three-year time period and when the lots are smaller then 5 acres each. Through this review process, development within a protection zone of a public water supply well is strictly control[ed or prohibited. The two state agencies with the major responsibility for managing potential threats to groundwater are the Department of Environmental Conservation (DEC) and the Department of Health (DOH). DEPARTMENT OF ENVIRONMENTAL CONSERVATION The DEC is responsible for administering a full array of environmental programs to be used in implementing the Wellhead Protection Program, An overviaw of these programs follows: · SPDES The New York State Pollutant Discherge Elimination System (SPDES) Is a program for the Issuance of permits and regulaton/ control of dlschergas of appropriately treated sanitary, Industrial, or commercial wastewater into the surface or groundwaters of the state. It is a comprehensive program for protecting water quality encompassing effluent limitations, monitoring requirements, and, for existing discherges not yet meeting effluent limitations, a schedule for achieving compliance. The SPDES Program is authorized by Article 17, Title 8 of the New York State Environmental Conservation Law (ECL) as amended in 1973. All groundwater discherges must be permitted with the exception of those which are less then 1,000 gallons per day and are composed entirely of domestic wastewater. Pc:Moleum Bulk Stomue In effect since December 1985, the program regulates the storage and hendling of petroleum. Major provisions of the program include registration of all stationary tanks over 1,100 gallons thet store petroleum; establishment of standards for retrofitting; operation and closure of existing facilities; and establishment of standards for new and substantially modified petroleum facilities. The program is authorized by Article 17, Title 10 of the ECL. H~Ious ~ubetance Stomoe and Handllm ~Che~ical Bulk Storaoe) Phese I of the program (effective July 15, 1988) and Phese II (expected to be effective during 1991) will regulate the storage and handling of h~TArdous substances. Phase I requires the registration of all underground tanks and those abovegrouod stationary tanks storing 185 gallons (750 kilograms) or greater. Phese II will regulate the storage and hendling of h.~TArdous substances and Include standards for dikes, piping systems, vents, transfer stations, monitoring, Inventory record keeping, closure, container storage and the storage of bulk solids. The program is authorized under Articles 37 and 40 of the ECL The program, started in 1978, is designed to protect both public health and the environment from the effects of petroleum and chemical spills and leaks. Major -33- omponents of the program include reporting requirements, a 24-hour hotline telephone/responea network, on-site response by regional staff, stand-by clean-up contractom, a data management system, and coordination with the other public agencies. The program also provides assistance to local governments in emergency planning related to spills and leaks and monitors compliance with Superfund Amendments and Reauthorlzatlon Act Title III requirements. The Department maintains geotechnical services to assist the program, both in the central off'me and in regional offices. The program is authorized by Article 12 of the Navigation Law. The Water Supply Permit Program, also discussed in Chapter 7, Is primarily a quantity management program. How- ever, it indirectly controls potential contamination sources by controlling the influences on groundwater flow. The most important is the control on intrusion of naturally-occurring saline groundwater. The program is authorized by the ECL Article 15, Title 15 and is regulated under 6 NYCRR Parts 601 and 602. The program, which Is consistent with the Natural Flood Insurance Program, includes performance standards for water supply systems. Water systems within the lO0-year flood plain are required to be dealgned to minimize or eliminate inf'~ration of flood waters into the systems. Over 1,350 cifles, towns and villages In New York State have adopted local laws containing the federal standards for flood protection of water supply systems. In addition, the state flood plain regulations (6 NYCRR Part 500) are applicable within 136 towns and villages. The New York State Flood Plain Management Program maintains an outreach and education effort to assist local govemments in implementing flood protection, including water supply protection. The program is authorized by ECL Article 36. The program regulates the collection, transport, processing, incineration and ultimate disposal of municipal solid waste. Pertinent landfill requirements include: limitations on acceptance of hazardous waste; geological siting standards, including a minimum verticle separation between the base of the constructed landfill liner and groundwater of five feat and between the base of the constructed landfill liner and bedrock of ten feet; environmental monitoring of facilities; engineering standards, including design provisions for impermeable liners and leachata collection systems to restrict subsurface migration of contaminants and closure provisions for Iow permeability caps to minimize infiltration in the waste mass and subsequent leachate generation; and hydrogeologic siting restrictions on new landrdls and landfill expansions including prohibitions within public water supply wellhead areas and primary and principal aquifers. The program is authorized by the ECL, A~ticle 27. The program regulates the entire scope of industrial and commercial h~Tnrdous waste management. Hazardous wastes ara identified, regulated at the point of generation, tracked in transport from generation to point of ultimate disposal, and regulated with regard to treatment, storage and disposal. The siting of new facilities for eff-Nte treatment, storage and disposal (i.e., those facilities receiving h~7~rdous waste from other facilities) must conform to stringent siting requirements in accordance with 6 NYCRR Part 361. The overall program is authorized by the ECL, Articles 19, 23 and 27. The program deals with the problems associated with inactive hazardous waste sites. The three major aspects of the program include identifying, evaluating and remediating h~TArdous waste sites. The 1986 Environmental Quality Bond Act provided the program with access to $1.2 billion for remediation costs. The program is authorized by the ECL, Article 27, Title 13. The program develops and Implements Iow-level radioactive waste regulations, reviews permit applications for radioactive waste discharges, Issues permits for transporters of Iow-leval radioactive waste, provides technical support on Iow- level radioactive waste and assists in the siting of a Iow-level radioactive waste disposal facility. The program is also responsible for oversight of ground and surface water quality at extant disposal sites such as West Valley, New York, and potential new sites such as the proposed Iow-level radioactive disposal facility. The existing siting regulations ban new sites overlying primary and principal aquifers and require evaluation of potential groundwater impacts In all other areas. The program is authorized by the ECL, Articles 27 and 29. Pesticides Under the state program, pesticides must be registered, and a permit is required for the distribution, sale, or offer-for-sale of 'restricted use' pesticides, as defined by DEC. A permit is also required for the purchase, possession, or use of these products, and all applicators must be cartEied. The primary emphasis of the program is on the certification of pesticide users and on Issuing permits to distributors of *restricted use' products. Nearly all pesticides registered in New York State have bean previously registered by EPA. The existing registration procedure in New York State relies heavily on EPA review, supplemented by additional state DEC and DOH review. The USEPA's pesticide registration procedures include the evaluation of a variety of chemical characteristics, such as water solubility and chemical persistence, relating to potential leaching to groundwaters. The New York State program is authorEed by the ECL, Articles 15 and 33. The DEC administers New York State's Mined Land Reclamation Program under Article 23, Title 27 of the ECL The program Involves the permitting of all mining operations In the state from which more than 1,000 tons of mineral ara extracted within twelve successive calendar months. DEC's rules and regulations require the praperatlon and ·lng of plans and, through the process of an application review and field Inspection, the detarmlnatlon that the mining operation will be conducted in an envlronmantally sound manner and that upon completion of mining, the affected land will be returned to a condition which encourages future productive use. Provisions for protection of ground and surface waters from potential adverse Impacts of mining activity are included within the program. The program regulates the drilling, operation, and plugging and abandonment of o11, natural gas, underground gas storage, solution salt mining, brine disposal, geothermal and stratlgraphlc wells. Pertinent parts of the program include Inspections of operations and facilities; financial security requirements that ensure availability of -35- funds for wall plugging and surface restoration costs; wall construction and plugging requirements; drilling, completion and production requirements; and the Imposition of supplementary permit conditions for all drilling in primary and principal aquifers and other environmentally sensitive areas. The program is authorized under the ECL, Article 23. The Now York State Department of Health is responsible for the protection of public health and assuring provision of potable public water supplies. While most of the DOH's water supply program attention is on water delivered to the consumer, the Public Health Law authorizes the Commissioner of Health to promulgate rules and regulations for the protection of any public water supply from contamination. It Is under this authority that the DOH's Watershed Rules and Regulations Program is based. Under the program, the DOH enacts state regulations to protect a specific water supply upon request from the water supplier. Existing and proposed Watershed Rules and Regulations for groundwater sources limit specific activities, set requirements for existing operations and facilities, and prohibit potential sources of contamination from locating within specifically defined areas and may include design specifications for groundwater protection for new facilities allowed in the areas. The level of protection for each ares reflects the vulnerability of the source to contamination by activities within the area. Watershed Rules and Regulations are considered to be fully compatible with the Wellhead Protection Program. 5.2.3. County health agencies in many of the counties in New York State assist, through delegation, in administering major elements of state level (DEC and DOH) programs for water pollution contrci and water supply regulation. In some cases, county health agencies administer more comprehensive overall programs than those administered by the state. One example is Suffolk County, which provides for enhanced regulation of the storage and handling of toxic and h~:'~rdous chemicals. A similar program is also provided by Nassau County. In such cases, county health agencies perform the bulk of the day-to-day activities required for groundwater management, either through delegation from the state or directly under their own statutory authority. Although these counties have more extensive programs than most Upstate New York counties, they illustrate the important role potential for county health agencies in groundwater management. An important management role may also be assumed by county planning departments, either through overall coordination of groundwater protection activities among towns or through direct assistance in drafting ordinances or other activities. Among the examples are Schenectady County and Corlland County. Each county also maintains a County Emergency Management Office as part of the statowide network of emergency planning, data management and response. Their activities are an integral part of local wellhead protection efforts. A key management issue for counties is to evaluate the potential adol~lon of county-wide groundwater protection ordinances. Such approaches may be more efficient than town-by- town ordinance implementation. Examplos where this has been utilized include counties on Long Island. TOWNS. CITIES AND VILLAGES Municipal and town govemments have two significant management tools that can be used to provide protection of groundwater and wellhead areas - land use controls and municipal or town ordinances. Under state law, towns, cities and villages are vested with the power to regulate land ~se. By the home rule provisions of NOW York State law, the state government will not impose zoning controls and land use requirements on Iocel governments. The enactment of land use controls or zoning allows a municipality to prescribe the type of permitted land use and related activities in a specific land area. Thus, it can prohibit Inappropriate land uses such as industrial use in sensitive groundwater areas, while allowing more appropriate land uses. Within this framework, the site plan review mechanism may be used to require specific engineering designs to protect groundwater for an allowed land use. In addition to zoning, municipalities can adopt local ordinances to control or prohibit activities which may contaminate groundwater such as sewage disposal, hazardous material storage, etc. The devalopment of zoning ordinances and other groundwater protection ordinances at the local government level is voluntary. Statewlde groundwater protection controls prevail In all areas. In New York State, the Office of Local Government Services of the Department of State provides training and guidance to local officials in the use and development of zoning and site plan review. The groundwater management activities of water purveyors, whether municipally-owned or privately-owned, are described in Chapter 2, under "'Public Water Supply Sy~_ _~ns'. Briefly, these include compliance with conditions of the water supply permit, initiation and development of optional Watershed Rules and Regulations for submittal to the state DOH, and consumer and water-user education. Because of their exclusive responsibility for providing a potable water supply, water purveyors can and should play a central role in motivating other local officials to implement groundwater protection efforts, and motivating the general public to assist in the effort. 5.2.4. Existin~ Technical Technical assistance is available for local govamments and water purveyors from a variety of sources. This assistance varies from basic information about groundwater resources to assistance with data Interpretation and analysis. · Groundwater Re~xxts and Maps The DMslon of Water maintains a limited inventory of reports and maps which are available for loan or poesesalon. In some cases, when a particular item Is scarce and cannot leave the office, citations are provided for library seamhes. The USGS also has much of the same information. Data regarding the potential contamination sources controlled by the various programs described in Section 5.2.2., above, are available to local management agencies. The nature, size, and location of the facility, in addition to requirements Imposed by permits, can be retrieved on request. There are limitations with the ease of retrieval and with the Ioc. ational information, as discussed in Chapter 4. Assistance from geologists in the Division of Water is available on a limited basis to interpret and analyze groundwater information. This can include modelling ot groundwater flow. · [~ A~]uiai~on ~ Intem~an The Division of Water maintains a cooperative program with the USGS whereby water resources data are co#ected, organized, and interpreted. Information developed In this program can be used In the creation of local wellhead protection programs. Other types of useful data are available from such sources as county Soil and Water Conservation Districts (soils, land usa) and the NYS Geological Survey (geology). Various data sets are available In a geographic Ioformatlon system format through the State Office of Equalization and -37- NYSDEC has contracted with a number of regional planning and development agencies to undertake a series of demonstration projects in association with the Wellhead Protection Program. The projects include collection and Information on public groundwater supplies, inventorying and mapping contamination threats, and meeting with local officials to explore the development of local protection programs. , Ns, w York State F_nviranmenlM Quelitv Bond Act ~f 1986 The Act provides money for acquisition of aquifer recharge areas when in association with an appropriate local groundwater protection program. · NonD~int Source Control Pro.mm Under both the federal Section 319 Program and the state-enacted Nonpoint Source Law, there is the potential for funding wellhead protection activities. Federel Clean Wator Act - Secl~n 106 Funds The 1990 appropriation of 106 funds provides monies for wellhead protection. 5.2.6. Exiatlna Education and Trainino Education and training activities are carried out by a number of agencies through publication and distribution of guidance materials, presentations at meetings, and direct 'one-on-one' assistance. NYSDEC has underwritten the preparation of a document for guiding the development of local water supply protection programs and distributes it on request and at relevant workshops. The NYSDOH provides guidance on the writing of watershed rules and regulations, which are a pdmary tool for implementing water supply protection measures. The State Water Resources institute at Comell University (WRI) produces written materials and computer software products to provide self-help support to local government. The NYS Department of State distributes a range of guidance manuals on zoning, site plan review, and other aspects of land use control and instructs local officials on these tools at statewide and regional conferences and workshops. Presentations on wellhead protection options are made by DEC staff at such places as the meetings of the NYS Planning Federation and the Association of Towns of New York State where training workshops for local officials are held. WRI stages short courses and training sessions as part of their educational programs. Finally, direct assistance is provided by NYSDEC and WRI as resources are available and as demand exists. 5.3. Futura Manaaement Considerations Given the variety and extent of programs available at the federal, state and local level, there are no totally uncontrolled sources of contamination for wellhead areas. The basic structure exists for addressing ail formats. The primary task for the future is to bring the available program toola to bear on the threats to wellheads, and improve the controls end regulations where needed. This will be accomplished as a result of increased recognition of threats, outreach and training programs to inform government officials at all levels concerning contrbl options, further development of information on groundwater resources, and development of efforts to focus particular attention of existing programs on wellhead areas. The future management conalderations for wellhead protection areas may be divided into state-level activities and local govemment activities. In New York State, the principal needs for state-level activities do not entail developing new legislation or regulations, as the existing structure is eseantiaJly adequate for protection of all fresh groundwatere, Including the wellhead comprehensive implementation of the existing groundwater protection programs and carrying out the remaining implementation recommendations of the adopted Groundwater Management Program relevant to wellhead protection. Local government activities have a broader range of future management considerations, because current activities are not usually as highly developed as the state-level protection programs. The needs range from coordination and education to developing, implementing and enforcing the appropriate mix of land use controls and contamination source controls. Generally, the greatest need is implementation and enforcement staff development. Local groundwater and wellhead area protection plans and ordinances, including the preparatory delineation and source Inventory, will have little benefit If Implementation and enforcement staff resources are Inadequate. Education and provision of guidance to local governments are important responsibilities of the state programs. The key recommendation to local govemraents in developing wellhead protection management Is to first assess local needs and goals for groundwater protection. As part of this process, local officials should familiarize themselves with the basics of the existing groundwater protection efforts at all levels of government and establish a communication and coordination 'network' with the many parties that may assist them. These include county health and planning officials, regional planning agencies, DEC, DOH, Soil and Water Conse~/ation Districts, Cooparetive Extension, and many of the other parties cited In this document. The importance of communica- tion cannot be overemphasized. Local offlclaJs would benefit from the experience of other communities within the state. From this needs and goals assessment, and from a basic knowledge of available state programs and local management options, local officials can best select a preferred 'framework' and general plan for local wellhead protection (e.g., Watershed Rules and Regulations, zoning, local ordinances, county ordinances, etc.). The basic stages of a wellhead protection effort described In the Safe Drinking Water Act (e.g., delineation refinements, Inventory, etc.) should be executed within this framework. It is anticipated that localities could waste considerable resources If they proceed directly into advanced delineation refinements or inventories without doing any preliminary goal assessment or coordination with other groundwater management officials. The following sections briefly highlight three aspects of wellhead protection management relevant to future program considerations. 5.3.1. State Environnlmltal Quality SEQR is a required review process for all levels of govemment within the state for considering the environmental impact of various decisions early in the planning stages. It applies to actions which are undertaken, funded, or approved by state, regional, and local government agencies. A particular feature of SEQR which may have use in wellhead protection and groundwater management is the provision for designation of Crlticei EnvironmentaJ Areas. Any unlisted action proposed In a CEA must be reviewed as a Type I action under SEQR. This means that any state or local agency action within or contiguous to the Area will be more likely to be considered environmentally significant and requires the preparation of a full environmental assessment form and coordinated review. This provision of SEQR has potential application in areas with sensitive groundwater resources, especially wellhead protection areas. The Division of Regulatory Affairs in the DEC oversees the SEQR program and provides training and assistance conceming SEQR procedures. 5.3.2. Onttons and Tools for Pr~ectlen The o~ and tools for protection program enhancement may have applicability In both state- level and local government programs. They include both regulatory and non-regulatory approaches. The following review is necessarily brief. Further details ere available through the appropriate programs (e.g., zoning assistance -39- from Department of State, emergency planning from State Emergency Management Office and DEC, source reduction from DEC Resource Recovery Program and Pollution Prevention Program, etc.). Among the options and tools are: s~g~;~g~]~: New facilities may be designed, or existing facilities may be retrofitted, with specific groundwater protection barriers or controls that enable continued operation or siting of facilities. Examples Include: secondary and/or tertiary containment for petroleum or h~7~rdous materials storage; structural coverage of stockpiles; leak detection systems; etc. Approaches may include special permitting, performance standards, septic system upgrades, and other methods. Continued enforcement is needed for these approaches. .~: A wide range of management options may be titled source reduction. Existing facilities may continue to operate with emphasis on reducing the threat to groundwater by methods that supplement prohibitions and engineering design. Among the source reduction options are: (1) reducing quantities of chemicals used; (2) conversion to lower-risk alternative chemicals; (3) modifying methods of use to Increase efficiencies, Including better targeting of applications (e.g., pesticides, coatings, cleaning operations); (4) waste reduction and recycling; (5) updating equipment, replacing storage tanks and container, and more frequent equipment calibration and Inspection; (6) improving site plan and layout to reduce accident probability; and (7) Improving site to reduce rainfall or runoff entedng critical areas. There are many other options. Education and specifically targeted technology transfer and outreach (e.g., material prepared for specific types of businesses) are Important tools In soume reduction. Approaches may include both voluntary and mandatory elements. T : Increasing the frequency or intensity of inspections and testing of facilities and oparetlons is a straightforward approach to enhancing protection. Options for managing the costs of these approaches should be explored, including the potential for utilizing consulting 'environmental monitors" as inspectors, funded by a fee system. R._~: More frequent or more detailed reporting requirements for specific facilities and oparations is a potential protection tool. However, this option is only useful to the extent that the information can be evaluated and propedy stored, and that appropriate responses can be cerr~d out. Staff resources for public agencies is again an important concern. The key need is for improvements in electronic data management, automated transfers of information, developing automated interpretive techniques, and in quality assurance efforts. Improved accuracy and completeness of reporting is an important concern. Solutions may include redesign of reporting requirements and formats and improved guidance. prolMbitions: Prohibitions are evaluated based on the relative risk of the facility or oparetion and the availability of engineering design alternatives. Prohibitions may also target specific chemicals themselves, such as solvent septic tank oleanars, rather than entire types of land use. Prohibitions may be adopted es part of Watershed Rules and Regulations, zoning ordinances, or other municipal, county or state ordinances. ~ Land use controls Include c~her options and tools beside prohibitions. Zoning density changes for residential development may be used. Transfer of development rights, whereby certain commercial or Industrial development rights are transferred -40- outside of wellhead protection areas (or portions of the overall WHPA) or designated groundwater protection districts, Is another tool. Cluster or planned unit development (PUD) design may also be used to guide residential development outside of more sensitive groundwater areas or to allow better management of wastewater disposal and nonpoint sources. Various growth controls may be utilized to allow more comprehensive development of local groundwater and wellhead protection programs. Subdivision rules may be used to better control drainage and runoff in subdivisions in sensitive groundwater areas. Site plan review may be utilized to require engineered contamination prevention barriers and other designs for permitted development. These opportunities provide a diverse menu of tools that enable more sophisticated local protection programs than generalized land use prohibitions. W~ter Withdrawal Conlmls: Water withdrawal controls are commonly recognized as a primary tool for water quantity management, but they also may play a role In water quality management. The DEC Water Supply Permit Program, described In Chapter 7, regulates water withdrawals for both objectives. Water withdrawal management is particularly Impo~ant for cootrblllng saltwater intrusion in coastal areas, for controlling the influences of withdrawals on migration of contaminants from nearby contamination plumes or contaminated aquifers (in multiple aquifer systems), and for altering groundwater flow patterns and consequently the relevant shapes and sizes of existing wellhead protection areas. ~ Groundwater sample collection and analysis Is a potential option associated with others cited above. Monitoring ia useful to the extent that the sampling is truly representative of the groundwater regime of concern, that frequency Is adequate, that data variability does not prevent determination of actual contamination, and that reported data are managed In a retrievable and interpretable fashion. The greatest potential for monitoring applications is in 'source moniforing'; that Is, monitoring at or very close to known high priority potential contamination sources. Generalized ambient monitoring of aquifers or wellhead protection areas (i.e., not targeting a potential source or the water supply well Itself), sometimes called "early wamlng monitoring', may be conceptually desirable but is very likely to be impractical and very inefficient if attempted for all systems. It may be appropriate in special circumstances. The major problem is that truly representative sampling would require many locations, several depths at each location, frequent sampling, and many chemical constituents. Data variability and statistical interpretations are serious concerns In property using monitoring results. Associated with this Is the major burden of well installation, hydrogeologic characterization, proper sample collection and handling, and data management. The total analytical costs, themselves, would be enormous. AJthough ambient monitoring can have special vaiua in specific locations and In research, the total resources for universal adoption would be far better spent on other options cited above to achieve greater degrees of groundwater protection. ~: Emergency planning Is an ongoing activity to plan for response to accidents, spills, and other emergencies. The principal goal in this case is to facilitate the fastest, most efficient and most effective proper response to emergencies that threaten groundwater quality. The existing emergency planning and response programs can be enhanced by various options including: (1) requiring risk management and emergency planning for -41- a wider range of facilities or operations than at present; (2) requiring cleady visible posting at ell facilities of key contacts (Owners/operators, hazmat response teams, standby cleanup contractors, fire departments, etc.); (3) fire department preplanning for responses at all important facilities; and (4) instituting county or regional hazmat (emergency response) teams to assist in local emergencies. The keys are speed and appropriate response. Any approach that enhances these may have potential. Facilities and industries may have standby emergency cleanup contractors that can mobilize faster than state government contractors. Local authorities should maintain records of these cases. Knowledge of who to contact is a critical concern. I.and Acauteltk~ and Censenra~ Easements: Land acquisition is the most effective method for ensuring control of sensitive groundwater areas. However, it is very urgent that lands acquired for such purposes not be misused for government activities which represent potential contamination threats (e.g., waste disposal, petrofaum storage, salt storage, etc.). Donations and conservation easements should elso be explored. The passage of a special additional 0.25% sales tax by a public vote In Suffolk County to provide funds for land acquisition should demonstrate the interest and concern of citizens to support this approach. Best Manaaeme~ Pra~m~ IBMPs) and Guidance: To supplement regulatory overalght, best management practice documents and other types of guidance may be developed and distributed to specffioally targeted types of facilities or operatlona, concerning risk reduction and other forms of protection against groundwater contamlnetion. These approaches may require follOw-through, redistribution and special training to maintain or enhance their effectiveness. Educal~n. Guidance and Technical Assistance: Citizen education, guidance for local govemment officials and technical assistance have obvious benefits for enhancing wellhead protection efforts. Despite this generally accepted notion, the potential cost savings by providing well targeted guidance are often overlooked. Good guidance will avoid unnecessary costs and overspending on less important elements, and, most importantly, can save considerably by getting the job done right much more quickly. Technology transfer and training assistance are key areas where a state- federal partnership can improve local protection programs. Road sign posting of protection areas may be a useful approach to promote public recognition of wellhead protection. ~lre~n: Directly related to the issue of guidance and assistance is the subject of coordination at all levels of government, in New York State, the level of govemmant which generally has the greatest potential for enhancing groundwater protection through coordination is the county level. County agencies ara best suited to assist their towns and villages directly and frequently. They are elso an excellent link with state agencies. It is most cost-efficient for towns, villages and small cities to rely on county staff for groundwater coordination. Counties which have developed this capability in either their health or planning agencies (or In environmental agencies, if thay exist) have benefitted considerably. The skills that may be tapped or developed at this level Include both technical skills (hydrogeology, environmental chemistry, environmental engineering) and management skills (ordinance drafting, public speaking and writing, enforcement techniques). Coordination is futther discussed in the following section. -42 - 5.3.3. ,Jurisdic~on~ Coord~natk)n in W P As with most facets of government and public authority, multi-jurisdictional issues may occur with wellhead protection areas. Given the existing governmental structure In New York State, the locations of public water supply wells, and other factors (existence and nature of federal lands, the nature and extent of aquifers, availability of State Watershed Rules and Regulations, etc.), significant problems are considered to be unlikely. First, one means for resolving multi-jurisdictional issue among municipalities or counties Is the promulgation of Watershed Rules and Regulations. Coordination is directly achieved through promulgation of the regulations, which are considered by New York State to represent an acceptable wellhead protection program. County govemment is generally strong in New York State and a significant portion of multi- jurisdictional coordination Is achieved directly by county agencies. Among counties, coordination is achieved through several avenues. First, regional planning agencies are well established In New York State and have been increasingly involved with groundwater protection In recent years. Second, the State Department of Environmental Conservation, In particular, and the State Department of Health have strong regional presence in New York State with responsibilities for local coordination with both counties and municipalities. Finally, coordination is provided by a wide range of assisting associations and agencies (including the Association o~ Towns, Association of Counties, Conference of Mayors, New York Planning Federation, Cooperative Extension, Soil and Water Conservation Districts, Water Resoumes institute, etc.). Concerning International jurisdictional issues, problems are nonexistent because public water supply wells In the general border ama are extremely fete. Those located there would have appropriate protection areas entirely within New York State. Nearly the same conditions occur along the interstate borders. Interstate coordination has not been a problem with respect to groundwater. In the event that such coordination Is needed, New York's interstate borders are covered by the following Interstate compacts of which New York is a member: New England Interstate Water Pollution Control Commission (NEIWPCC) Ohio River Valley Water Sanitation Commission (ORSANCO) Susquehanna River Basin Commission ($RBC) Delaware River Basin Commission (DRBC) Federally-owned land is very limited In New York State, and the occurrence of public water supply wells on or in the vicinity of federal land Is very rare. Coordination with other federal agencies concerning wellhead protection will be accomplished by the Department of Environ- mental Conservation working through the U.S. Environmental Protection Agency - Region II Office, and direct Interaction with the federal authorities on-site where poeslble. This approach has been successful In the past and no problems are anticipated. 5.4. Surnma A simplified summary of existing Institutions responsible for management of potential groundwater contamination soumes is presented in Table 5.2. TABLE 5.2 EXISTING IN~III UTIONAL RESPONSIBIUTIES FOR SOURCE M/~NAGEMENT SOURCE CATEGORY 1: ~ - SubsurFace percolation (e.g., septic tanks and cesspools) - Injection wells · Hazardous waste · Non-hazardous waste (e.g., brine disposal and drainage) · Non-waste (e.g., enhanced recovery, artificial recharge solution mining and In-sltu mining) - Land application · Wastewater (e.g., spray Irrigation) · Wastewater by-products (e.g., sludge) · Hazardous waste · Non-hazardous waste CATEGORY 2: Sources Desionated to St~re. T~ ~ IJnl31anned Ralease - Landfills · Industrial hazardous waste · Industrial non-hazardous waste · Municipal Sanitary - Open dumps, including illegal dumping (waste) - Residential (or local) disposal (waste) - Sur[ace impoundments · Hazardous waste · Non-hazardous waste INSTITUTIONS (See Key) CHD*, DOH*, MUN DOH*,EPA*, DEC DEC*, DOH* DOH DEC* DEC* DEC* DEC*, DOH DEC*, DOH*,EPA*, CHD*, MUN DEC*,CHD*,DOH, EPA, MUN DEC*, CHD*, MUN*,EPA DEC*,CHD*,DOH, MUN DEC*,CHD*,MUN DEC*,CHD*,DOH DEC*,CHD*,DOH -44- TN31.E 5.2 EX]STING IN;~I'UTIONAL RESPON$1~Lfl'IES FOR SOURCE MANAGEMENT SOURCE - Waste tailings - Waste piles · Hazardous waste · Non-hazardous waste - Materials stockpiles (salt, coal, etc.) - Graveyards - Animal burial - Aboveground storage tanks · Hazardous waste · Non-hazardous waste · Non-waste (petroleum, etc.) - Underground storage tanks · Hazardous waste · Non-hazardous waste · Non-waste (petroleum, etc.) - Containers · Hazardous waste · Non-hazardous waste · Non-waste - Open burning and detonation sites - Radioactive disposal sites CATEGORY 3: Sources De~dmmd to Retain - Pipelines · Hazardous waste · Non-hazardous waste · Non-waste (petroleum, etc.) INS'm'uTION (S~e Key) DEC* DEC*,DOH*,CHD*,EPA DEC*, CHD*, DOH DEC*,CHD*,DOT, MUN, DOH DOH*,CHD* DOH*, DEC* DEC*, MUN, CHD DEC*, MUN, CHD DEC*, MUN, CHD DEC*,MUN, CHD DEC*,MUN, CHD DEC*,MUN, CHD DEC*,MUN, CHD DEC*,MUN, CHD DEC*,MUN, CHD DEC*, CHD*, MUN DEC*.DOH*,MUN DEC* DEC* DEC* -45- T~LE 5.2 EXISTING I1~ I I, U'FIONAL RESPONSIBIMTIES FOR SOURCE ~EMENT (Continued) SOURCE INSTITUTION (See Key) - Materials transport and transfer operations · H~7~rdous waste · Non-hazardous waste · Non-waste (petroleum, etc.) CATEGORY 4: ~ Substances as ~, ~,gnseauence - Irrigation practices (e.g., return flow) Pesticide applications Fertilizer applications De-icing salts applications Urban runoff Percolation of atmospheric pollutants Mining and mine drainage · Surface mine-related · Underground mine-related CATEGORY 5: S~3orces Provldina Conduit or - Production wells · Oil (and gas) wells · Geothermal and heat recovery wells · Water supply wells · Solution Mining Wells DEC*, DOH DEC*, DOH, MUN DOT*, DEC CE, SWCD DEC*, DOH, CE, SWCD CE, SWCD DEC, DOT, MUN DEC, MUN DEC* DEC*, SWCD DEC*, SWCD DEC* DEC* DOH*, DEC*,CHD*, MUN* DEC* -46- TABLE 5.2 EXISTING IN~l I i crrlONAL RESPONSIBILITIES FOR SOURCE MN~GEMENT SOURCE - Other wells (non-waste) · Monitoring wells · Exploration wells - Construction excavation CATEGORY 6: N~urallv occuwino Sources H n - Groundwater-surfaca water Interactions - Natural leaching - Saltwater intrusion/brackish water upconing (or intrusion of other poor quality natural water) INSTITUTION (See Key) DEC, DOH, CHD DEC*, DOH MUN*, DEC, SWCD DEC* DEC* DEC* KEY: * = Major Responsibility CE ~ Cooperative Extension CHD = County Health Departments DEC == NYS Department of Environmental conservation DOH = NYS Department of Health DOT == NYS Department of Transportation EPA = U.S. Environmental Protection Agency MUN = Municipal Government SWCD = Soil and Water conservation Dlstdct Absence of a designation does not preclude additional or related responsibilities of similar or other local, state or federal institutions. -47- CHAFTER 6 CONTINGENCY PLANNING In New York State, the Department of Health, through the authorities provided to it in the Public Health Law (PHL), oversees and regulates the development of contingency or emergency plans for public water systems. In addition, the New York State Division of Military and Naval Affairs, Office of Disaster Preparedness, oversees and coordinates the stockpiles of emergency equipment that are available to assist in responding to public water supply emergencies. The federal Safe Drinking Water Act requirements for contingency planning (Subsections 1413(b)(5) and 1428(a)(5)) are satisfied by the program administered by the Department of Health. An additional aspect of contingency planning is required under the federal Superfund Amendments and Reauthorization Act (SARA) Title II1. The SARA emergency planning program, which requires reporting of routine and accidental releases of toxics to air, water and land, is administered by the New York State Department of Environmental Conservation. In actual practice, this program is most useful for indicating potential problem areas. Response to immediate public water supply threats is coordinated with DOH and water suppliers. 6.2. Ememencv Plannin~ Pro.mm The new emergency (or contingency) planning program administered and coordinated by the New York State Department of Health contains all four elements suggested by USEPA for consideration by states in the Wellhead Protection Program along with additional items. The first two elements, temporary and Iong4erm alternate water supply assessment, am included in the DOH requirement for identification of existing and future water supply sources in both emergency and non-emergency conditions. The final two, coordination and financial responsibility assessment, are included in the DOH requirement for specific action plans. The key responsibilities ara with the water purveyor, with oversight by the New York State Department of Health. On September 24, 1988, revisions to Section 5- 1.33 of Part 5 of the New York State Sanitary Code were promulgated. This section entitled "Water Supply Emergency Plans" requires the following: 1. All community water systems with an annual gross obereting revenue of greater than $125,000 must develop and submit to the state a water supply emergency plan by December 31, 1990 and update the plan every five years. 2. The plan must Include at a minimum: The development of procedures for providing consumer notification during all phases of the water supply emergency; The development of criteria and procedures for determining the subsequent reporting of critical water levels of safe yield of the source or sources of water; The identification of existing and future sources of water ava#able during normal non-emergency and water supply emergency conditions; The identification of all available water storage, including source, transmission and distribution system storage; The identification, capacity and location of existing interconnections. Identification of additional interconnections needed to provide potable water during a water supply emergency; The development of a specific action plan outlining all the steps to be implemented, taken or followed during a water supply emergency, including state notification, emergency notification rosters of key water supply personnel with current telephone numbers (both business and home), and follow-up correction action to minimize the reoccurrence of an emergency; The identification and implementation of procedures for water conservation and water use restrictions to be put In place during a water supply emergency; The identification of and the procedures for prioritization of potable water use during a water supply emergency; The identification of availability of emergency equipment needed during a water supply emergency; A development of criteria and procedures for determining and the subsequent reporting of the water supplier's capacity and ability to meet peak water demands and fire flow conditions concurrently. 3. A vulnerability assessment must be per[ormed for the source or sources of water supply, the public water system, disinfection stations and water treatment plants to determine the vulnerability of these water supply components to a water supply emergency. The water supplier shall take whatever steps are necessary to ensure that potable water can be and is available during a water supply emergency. 4. The state can require any other community or non-community water system to develop emergency plans. The NYS Department of Health currently is revising its guidance available for use by public water systems In developing their emergency plans. It is not expected that the revised guidance will deviate significantly from the existing guidance. The existing guidance includes a generic outline or framework of worksheets and checklists that will assist the water system In developing its plan. This outline includes topics such as: map of the entire public water system, including source locations and activities that may affect the system such as contamination threats, transportation corridors, etc.; data on sources; assessments of types of emergencies; component vulnerability assessment forms; notification roster; and h~rdous material spill vulnerability checklist. The DOH has also developed statewide policy procedures and guidance for dealing with ongoing water supply emergencies. These include procedures for dealing with community water system emergencies, reporting water borne disease outbreaks and guidance on boil water notices and blending of sources. 6.3. E~ Eautoment ~toclmilea The New York State Division of Military and Naval Affairs, Office of Disaster Preparedness (ODP), coordinates the New York State Emergency Equipment Stockpiles. This equipment is available on an emergency loan basis to local political subdivisions and other state agencies primarily to assist In responding to potable water supply emergencies. The stockpiles consist of high oapaclty pumps, water filters, chlorination equipment, generators, light weight-quick coupling aluminum pipe, water couplings, and adapters necessary to provide delivery of an emergency source of drinking water. In addition to the stockpile maintained by New York State at Waterford (near Albany) and Pittaford (near Rochester), each District Office of Disaster Preparedness coordinates a district stockpile which is maintained by various counties in each District. The Distdct stockpile equipment is federal property and ia considered a Civil Defense resource. District stockpiles of emergency equipment are not intended to be under direct state control In times other than an emergency. However, this equlpreent is a district resource available on a cooperative basis to any jurisdiction which is In need of it. District stockpile equipment loans are coordinated through the ODP District Offices. ~.4. Weffheed Pral~ Praoram ,~.d~ Section 1428(a)(5) of the SDWA requires that the State WHP Program include contingency plans "for the location and provision of aitemate drinking water supplies for each public water system In the event of well or wallfield contamination.' The requirements of NYSDOH's emergency planning program not only meet the state's requirements of Section 1428(a)(5) of the SDWA, but actually go beyond them since the state's program deals with all forms of water supply emergencies. For the purposes of meeting the federal Wellhead Protection Program, New York State will define those community water systems with an annual gross operating revenue of greater than $125,000 as 'major' public water systems. The federal guidance calls for all major public water systems to have a completed contingency plan at the time of the state's Wellhead Protection Program submittal. The recent promulgation of the revisions to the State Sanitary Code required plan submittals to the NYSDOH by December 31, lg90. It is not feasible to revise this schedule, nor does New York State consider It reasonable or necessary. Implementation of the emergency plan requirements at other groundwater source community and non-community public water systems should be accomplished as resources permit. Remaining community water systems should be dealt with first on the basis ot population served - the greater the population served, the higher the priority. Non-community systems should then be addressed. -50- CHAFTER 7 7.1. The protection of new public water supply wells will be accomplished through a variety of methods from state-level contamination source controls, to county, town and village or city land use controls. The Institutional mechanism that will guide the protection and management of new wells is the set of procedures for the Public Water Supply Permit Program, operated by the New York State Department of Environmental Conservation. This program, authorized by the Environmental Conservation Law Article 15, Title15 and regulated under 6 NYCRR Parts 601 and 602, Is more thoroughly described In DEC's Division of Water Technical Operation Guidance Serlse (TOGS) 3.2.1., 'Public Water Supply Permit Program Application Processing.' This document contains complete descriptions of responsibilities, technical review, pr(~7,edures for objections and hearings, and permit conditions along with other information. The permit conditions currently Include elements that ara consistent with Wellhead Protection Program objectives. The permit conditions will be revised to strengthen wellhead protection principles at the time that a new well permit is approved. Currently, these permit conditions Include, but ara not limited to, the following: 4 [;)lr~ot Controf o~ the Wefihead Construction and installation standards (NYS Health Department Bulletin 42, 'Recommend- ed Standards for Water Works'; administered by NYSDOH). A strict protection zone of a minimum 200- foot radius (variances possible in special circumstances, If approved by DEC) shall be protected and controlled by direct ownership of the land, by the acquisition of protection easements or by other appropriate measures (to be approved by DEC). This area shall further be protected from pollution by surface watem by the construction of suitable diversion ditches or embankments, and the development of the wells shall be carried out that there shall be no opportunit~ for pollution to enter the wells. · Water Quality Mon'~o~na Reeuireme~ Prior to permit approval. · Watershed Protection Requirement The permlttee Is required to adopt Watershed Rules and Regulations, pursuant to Section 1100 of the NYS Public Health Law, for all surface water sources. However, this requirement may be waived by the DEC Water Supply Permit Program for groundwater sources If the degree of protection provided by a specifically defined zone (fixed radius or calculated) and other existing control measures is considered adequate by DEC. The permit procedure and the permit conditions designated by DEC provide the best and simplest means for Including new wells In the Wellhead Protection Program. The watershed protection permit conditions, Including potential enhancements of the above conditions, afford the best opportunity for refinement of wellhead protection for new wells. Permit conditions, for example, enable DEC's Public Water Supply Permit Program to require new surl~aca water supply permitteas to adopt Watershed Rules and Regulations even though they ara otherwise voluntary under New York State Department of -51- Health programs, This and other aspects ara discussed in the next section. 7.2. Wellhead Protection for New Wells The current procedures for permit conditions allow applicants for new wells the option of not adopting Watershed Rules and Regulations if the protection zone (fixed radius or calculated) and other measures are considered adequate by the DEC Water Supply Permit Program. The New York State Wellhead Protection Program proposes that the new well permit conditions be amended to require the permittes to develop and adopt a wellhead protection plan to be approved by DEC. DEC recognizes that these plans may vary depending on local conditions and capabilities and that implementation will be an evolutionary process. This plan may take the form of local ordinances (town, village, city, county) or protection program enhancements, or the form of Watershed Rules and Regulations (DOH approval), or other options described in Chapter 5. The local program should be consistent with the proposed State Wellhead Protection Program. In cases where privately-owned public water systems ara the permltteas, the supplier is still proposed to be responsible for developing the required wellhead protection plan. Adoption and implementation of such a plan will, however, typically require the endorsement and cooperation of local govemment authorities. In such cases, it is proposed that the Water Supply Permit Program require the permlttes, In cooperation with the appropriate local authorities, to provide a wellhead protection Implementation plan. This may include Watershed Rules and Regulations or other appropriate agreements with local authorities, and is sub)eot to DEC approval. It is also proposed that the permit conditions be amended to require the permittea to show site- specific hydrogeologic evidence that the remedial action area (or Inner zone proposed in the local plan) is adequately protective against biological contamlnatlon. For this portion of the wellhead protection area, a guideline of a 60-day minimum time-of-travel may be allowed. The 60-day criterion has been used in New York State and many European nations to provide adequate die- off of microorganisms. Time-of-travel should be considered from the point of potential contamination discharge. AJternative methods and criteria may be accepted in delineating this zone. In certain cases, existing land uses may be considered in delineating the remedial action zone as approved by DEC. Finally, it is proposed that all applicants for new well permits file a well log with the DEC Water Supply Permit Program at the time of completion of the well. This approach for new wells will still allow local flexibility for delineating further subdivisions with the overall WHPA, and in determining the appropriate local management controls. The overall delineation for the total wellhead protection area and other policies of the State Wellhead Program would be retained. Such ifexibility is necessary due to considerable variation in hydrogeologlc conditions, contamination threats, and local authorities and capabilities. However, the approach is stronger in that wellhead protection plan adoption is mandatory for new well permit approval. Many existing wells are covered or will be covered by local wellhead protection plans. The Water Supply Permit Program may reopen the permit process to include existing wells in this process. The delineations performed as part of this procedure may utilize the baseline delineations described in Chapter 3, but should preferably utilize a three- zone approach. Finally, the program accomplishments and strategies described In the Upstate and Long island Groundwater Management plans (Department of Environmental Consen/ation) ara recognized as part of the W~haad Protection Program for new wells. Spec~c projects, such as the Special Groundwater Protection Area project by the Long Island Regional Planning Board, target planning for additional protection of groundwater resounds with potential for future use. Slmllerty, in Upstate New York, inclusion of aquifer areas In the Wellhead Protection Program provides a means of protecting groundwater resources that may be utilized for future public water supplies even though specific well locations may not yet be known. -52- The NYS Water Resources Management Strategy (NYS Water Resources Planning Council, 1989; 14 volumes) also Includes elements related to new wells. The recommendations of this strategy for water supply source protection, endorsed by the Water Resoumes Planning Council representing both public members and eight New York State agencies, support the 'multiple-layer"manage- ment concepts (state and local controls) and the Watershed Rules and Regulations and local ordinance options. Comprehensive water supply system management, which Includes an analysis of future water needs and creation or revision of Watershed Rules and Regulations, Is a major recommendation of the Water Resource Strategy. The Water Supply Permit Program itself does not specificeJly manage the sources of contamination. The permit program Is used to require adoption of local programs for wallhead protection. The man- agement of the sources is accomplished first and most importantly by the comprehensive state4evel management programs described elsewhere In this submittal. Local government protection programs may take various forms, Including county4eval sanitary codes, town ordinances, water supplier watershed rules and regulations, and zoning ordinances. The implementation and enforcement of these local programs provide additional levels of source controls, and are the responsibility of corresponding local authority. CHAPTER 8 SUMMARY OF PUBUC PARTICIPATION IN THE DEVELOPMENT OF THE WEII HEAD PROTECTION PROGRAM Section 1428(b) of the Safe Drinking Water Act requires that state wellhead protection programs be developed with the participation of the public including technical and citizens' advisory committees. For partial compliance with the federal re- quirements and to gain the benef~ of expertise of people outside the Department, a Wellhead Protection Advisory Committee was convened by the Director of the Division of Water October 12, 1988. The advisory committee con-sisted a broad spectrum of parsons active and interested in groundwater protection efforts. Included were representatives of water purveyors, county government, regional planning boards and commissions, legislative staff, state agencies and private citizens. The roster is presented in the ~J~J~,~l~ at the front of this report. The committee met formally three times to discuss the issues to be addressed in the wellhead program. The members also reviewed draft materials as the document took shape. Issues which the Advisory Committee raised included the following: 1. The level of knowledge about groundwater vahes enormously among local officials across the state. Some have a soph- istioated understanding of groundwater and the tools available to protect public supplies; some need a basic knowledge of ground- water hydrology. The wellhead program must reach both extremes of the audience. 2. DEC should have its data bases on facilities it regulates organized and available for use by others to facilitate the understanding of sources of potential groundwater contamination. Authorization for the Wellhead Protection Program In New York State will not require new legislation or regulations. Guidance, education, and promotion should be the primary means of establishing local programs. To effectively daliver the wellhead protection message, there must be an aggressive outreach program which goes beyond printing brochures and reports, Delineation procedures must be considered in the context of what is to be accomplished on the management programs. They are not purely technical exercises. For implementing local protection programs, flexibility should be provided in having choices available to municipal officials and water purveyors. Watershed Rules and Regulations may be appropriate in many instances, but alternative protection schemes such as groundwater protection ordJoances, zoning and site plan review procedures should be recognized as legitimate elements of a wellhead protection program. While baeatlne delineations are needed, the program must recognize that where tech- nical justification is available, deviations from the basaline criteria must be allowed. For instance, deep wells in confined aquifers that tap a horizontal groundwater flow regime may gain no increased protection from a 200-ff. radius Zone I than one of lesser area. In densely developed areas and in many areas where critical aquifer segments cross municipal boundaries, a county-wide ap- proach to groundwater protection may be appropriate. Outreach and education programs should also focus on groups outside of govemmont end the water supply industry. Bankers, Insurance agents and other business persons should be aware of wellhead protection issues. 10. To assist the development of a consistent approach to creation of data bases and geographic information systems, the state should provide guidance and specification. 11. The outreach effort should Include input from other capable agencies such as Cooperative Extension, Soil and Water Conservation Districts, the Department of State, the Water Resources institute, and others. 12. In selecting source control programs for adjustment for wellhead protection con- cerns, the occurrence of problems should be reviewed so that the most significant sources am addressed first. The public hearing procedures and the results of the Wellhead Protection Program Public Heating held on August 7, 1990, are provided in an attachment to this Submittal. -55-