Local Aquifer Protection Regulations F&ES 851b Lisa Botero Bruce Ho 20 April 2004

Why protect aquifers? Save money Save money Protect health Protect health Preserve the environment Preserve the environment

Aquifer protection authority Federal Federal Legislative (CWA, SDWA) Legislative (CWA, SDWA) Provide resources (financial, advisory) Provide resources (financial, advisory) State State Legislative (rights, standards) Legislative (rights, standards) Provide resources (financial, advisory) Provide resources (financial, advisory) Sub-State Regional Sub-State Regional *Legislative (planning, zoning) *Legislative (planning, zoning) Provide resources (financial, advisory) Provide resources (financial, advisory) Local Local Legislative (planning, zoning) Legislative (planning, zoning)

Why local level protection? Geographic location Geographic location Municipal water supply facilities Municipal water supply facilities Local threats/local solutions Local threats/local solutions

Research methods Spam Spam Personal contacts Personal contacts University centers/professors University centers/professors Non-profits Non-profits EPA identified communities EPA identified communities Phone networking Phone networking F&ES contacts F&ES contacts

Types of aquifer ordinances Fee-based (Users) Fee-based (Users) Specific use prohibitions (Polluters) Specific use prohibitions (Polluters) General protection criteria (Pollutants) General protection criteria (Pollutants)

Fee-Based: Spokane County, WA Pay for public sewer improvements Pay for public sewer improvements Aquifer use fee Aquifer use fee Why regulate this way? Why regulate this way? Simple Simple Relatively non-controversial Relatively non-controversial

Specific Use Prohibitions: Hatfield, MA Permitting of uses Permitting of uses Lists prohibited and restricted activities Lists prohibited and restricted activities Automotive service stations Automotive service stations Sand and gravel operations Sand and gravel operations Wastewater treatment facilities Wastewater treatment facilities Why regulate this way? Why regulate this way? Target specific problems Target specific problems Clear standards Clear standards

General Protection Criteria: Pekin, IL Individually evaluate activities Individually evaluate activities General standards General standards Impervious surfaces Impervious surfaces Hazardous materials Hazardous materials Setbacks Setbacks Why regulate this way? Why regulate this way? More inclusive More inclusive Longevity Longevity

Sample Ordinance: Austin, TX: Save Our Springs Citizen initiative adopted in 1992 Citizen initiative adopted in 1992 “To preserve a clean and safe drinking water supply…” “To preserve a clean and safe drinking water supply…” “To prevent further degradation of the water quality in Barton Creek, Barton Springs, and the Barton Springs Edwards Aquifer…” “To prevent further degradation of the water quality in Barton Creek, Barton Springs, and the Barton Springs Edwards Aquifer…”

Save Our Springs Initiative Pollution prevention (NPS) Pollution prevention (NPS) Application: Site-by-site review of new development and modifications within the aquifer recharge zone Application: Site-by-site review of new development and modifications within the aquifer recharge zone Requirement: No net increase in site runoff pollution Requirement: No net increase in site runoff pollution Method: Impervious surface cover standards and water quality controls Method: Impervious surface cover standards and water quality controls

Additional provisions Additional provisions Save Our Springs… Critical waterway areas Critical waterway areas Expiration of prior approvals Expiration of prior approvals Conflict with other laws Conflict with other laws Future standards Future standards

Save Our Springs: Innovation Why is this innovative? Why is this innovative? Strong, scientific standards Strong, scientific standards Regulates water quality… Regulates water quality… …not specific activities …not specific activities Flexible implementation Flexible implementation Room to grow Room to grow

Save Our Springs: Enforcement Issues State legislation State legislation City government City government Legal challenges Legal challenges

Change agents Government Government Federal: EPA, USGS Federal: EPA, USGS State: State Geological Surveys State: State Geological Surveys Sub-State Regional: Water Quality/Natural Resource Districts Sub-State Regional: Water Quality/Natural Resource Districts Academic Academic Non-Profit Non-Profit

How is change happening? Crisis driven: prevention or response Crisis driven: prevention or response Vulnerable resource Vulnerable resource Contamination Contamination Government mandate Government mandate EPA standards EPA standards State standards State standards

Observations Public education and outreach Public education and outreach Regional aquifers and coalitions Regional aquifers and coalitions Water rights issues Water rights issues