Protecting Domestic Users of Nonpublic Water Wells Elizabeth Ablah, PhD, MPH

Long-Term Goal Ensure safe water supplies for domestic well owners

Need for Nonpublic Water Well Policies in Kansas

Public Water In Kansas, public water supplies are defined as a: "system for delivery to the public of piped water for human consumption that has at least 10 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year.” (Kansas Statutes Annotated (K.S.A.) 65-162a and Kansas Administrative Regulations (K.A.R.) 28-15a-2) We are evaluating non-public water wells

Nonpublic Drinking Water Wells

Nonpublic Wells Approximately 1 in 6 US households rely on private water supplies, such as wells, for drinking water.1 Regulations to protect public water supplies (Safe Drinking Water Act) do not apply to domestic water wells.2-3

Kansas Water Well Database

Water Well Potential Contamination Sources Different sources of contamination of nonpublic water well water that different policies can impact include: Broad-scale background contaminants impacting large areas of the aquifer; Point source contamination causing a contamination plume impacting an area or region in a path from a source of pollution, such as contamination from an industrial source (mine, dry cleaner) or agricultural operation (concentrated animal feedlot); and Contamination from localized sources of contamination impacting very small area or an individual nonpublic well, such as a well contaminated from a private wastewater treatment operation or personal livestock.

Contamination Threats Water wells are subject to several types of contamination, through poor well construction or location, or from chemical compounds: Malfunctioning wastewater treatment systems (e.g., sewer overflows) Local land use practices (e.g., pesticides, chemicals, animal feeding operations) Naturally-occurring chemicals and minerals (e.g., arsenic, radon) Industrial

Contaminants Studies in Pennsylvania, Wisconsin, and the USGS have revealed contamination from at least one substance in 38% to 47% of domestic water wells.7-9 There are minimal protections in place for domestic water well owners to protect their own wells from an array of potential contaminants. Wichita does

Several Contaminated Sites in Wichita Area Gilbert Mosley North Industrial Corridor Haysville 57th & N. Broadway Four Seasons Dry Cleaners

Methods Members of the Kansas Environmental Health Association (KEHA) were asked to complete a survey. Respondents were provided an opportunity to complete the survey: in person at spring conference (April 2016) or via an online survey in (July 2016)

Respondents Of the 61 potential respondents, 50 completed the survey, a 82% response rate. 64% completed at the meeting 36% completed online Respondents were most likely to report serving a county (42%) or city (14%).

When Inspect Wells 24% do not inspect private wells, 2% report not knowing

When Collect Samples

Analysis Capabilities

Discussion Some are unable to sample or analyze for bacteria and nitrates. Infrequent sampling for VOCs, pesticides, arsenic, and hardness. The lack of comprehensive and standardized sampling procedures and policies in Kansas is consistent with other states.10

Conclusions Important gaps in Kansas’ water well procedures and policies. The patchwork approach of local sampling procedures contributes to a lack of standardization for water well sampling and analysis for private well owners in Kansas.

Our Team University of Kansas School of Medicine-Wichita Public Health Law Center Funding for this project has been provided by the Kansas Health Foundation.

Methods We seek to identify and enhance public health policies within Kansas that protect domestic nonpublic water well users.

Reviewed of all Kansas county sanitary codes and 23 city codes Methods Reviewed of all Kansas county sanitary codes and 23 city codes

Sampling of Promising Nonpublic Water Well Policies

Nonpublic Water Well Categories Nonpublic – Applies to all water wells that do not meet federal or state public water source definition Semipublic -Used inconsistently as a sub-category of nonpublic water wells; usually based on the number of service connections (2 to 9) Private - Used inconsistently to distinguish between semipublic and those with fewer service connections

Nonpublic Water Well Definition 1 Nonpublic water wells - all private, semi-public, and other designations of water wells that are not regulated as a public water supply under Kansas state law. Any requirements in this code impacting nonpublic water wells used for domestic household purposes, but not including nonpublic water wells used exclusively for irrigation, shall apply, irrespective of number of service connections or other distinction. This does not apply if the nonpublic water well has been properly plugged or is registered with KDHE as an inactive water well. We propose combining private, semi-public (anything not regulated) = > classify them as nonpublic

Requirements for Property Owners When Constructing/Reconstructing Nonpublic Water Wells 2 No person shall drill, develop, or construct any nonpublic water well on any premise subjected to regulations of this sanitary code until they have obtained a permit approved by the designated [Health Officer/Administrative Agency]. Permit requirements shall include specifications regarding reporting well construction, reconstruction or plugging activities. A property owner must have a permit to construct or reconstruct a well

Permit Requirements for Construction or Reconstruction of Nonpublic Water Wells 3 Inspect Site. Before issuing a permit to drill a nonpublic water well, and prior to authorizing the drilling of a well, the [Health Officer/Administrative Agency] shall inspect the proposed site for the well to ensure that it can be safely drilled and that it does not interfere with already existing city utilities or easements. Well inspection. After the well is completed, but before it is put into use by the owner, a 2-part inspection is to be conducted by the Health Officer/Administrative Agency to ensure that: 1) the well meets physical structural requirements and 2) the well water meets established water quality requirements. Site needs to be inspected before a well is permitted Needs to be a 2 part inspection

Nonpublic Water Well Required 2 Part Inspection 4 1) Physical inspection of well Shall include, at a minimum, an inspection to assess the: Proximity of the well to different sources of contamination (state minimum separation distance requirements); and Physical integrity of the well structure to identify any structural deficiencies, including cracks, crumbling grout, soil erosion around well, standing water, and other concerns with the physical structure of the well

Nonpublic Water Well Required 2 Part Inspection 4 2) Water quality sampling and analysis Shall at least include: Total coliform bacteria Fecal coliform or e. coli bacteria Nitrates Pesticides and other organic chemicals Lead and other metals (e.g., arsenic, mercury, cadmium) Nuisance contaminants: chloride, copper, iron, manganese, sulfates, total dissolved solids (TDS) and zinc pH, hardness, hydrogen sulfide, and salinity Other contaminants, depending on local conditions

Triggering Events for Nonpublic Well Inspection and Water Sample/Analysis 5 Well construction or reconstruction When the physical integrity of the well is compromised (e.g. such as by a falling tree, vehicle collision, flood) Putting an inactive well back into active status Any property transaction (transfer of ownership, leasing or rental, or refinancing) Environmental encroachment from nearby source of contamination Flooding of wellhead Occurrence of a waterborne disease outbreak Other waterborne emergency, as determined by the Administrative Agency Abandonment of any existing active or inactive water well 2 part inspection needs to occur after any of these triggering events

Requirement to Disconnect Existing Nonpublic Water Wells Any existing water well shall cease to be used for domestic use if the [Administrative Agency/Health Officer] determines that: the well is in a contaminated area, or the cessation of use of the water well for personal use is in the best interest of public health, safety and welfare. 13 Requirement to disconnect if the well is in a contaminated area

Maintaining Records of Nonpublic Wells, Contact Information of Property Owners 15 Responsible local government agency/department shall maintain records of: All active nonpublic water wells in jurisdiction and names/addresses of property owners List and maps of active, abandoned, and inactive nonpublic water wells Results of nonpublic water well 2-part inspections (physical well inspection and water quality sampling) Triggering events and corresponding inspections of nonpublic water wells Local government shall provide this information to KDHE. KDHE shall maintain these records in a statewide, publicly accessible database. Local gov keeps records of nonpublic water wells + results of 2 part inspections Will provide this info to KDHE, statewide database

Maintaining Records of Potential Sources of Groundwater Contamination 16 [Responsible local government agency/department] shall maintain records and maps of potential sources of groundwater contamination, including: private wastewater systems - dry cleaners abandoned private wastewater systems - feedlots (CAFOs) underground storage tanks - mining operations injection wells - hazardous waste sites petroleum exploration and fracking other local and regional vulnerabilities The local government shall provide this information to KDHE annually. KDHE shall maintain these records in a statewide database which shall be maintained on a publicly accessible website and available to the public on request. Local gov maintains records and maps of potential sources of groundwater contamination Provides data to KDHE annually

Questions? Elizabeth Ablah, PhD, MPH eablah@kumc.edu