A bill to protect ground water resources of the United States.
Ground Water Protection Act - Part A: Policy - States that it is the purpose of this Act to protect and enhance the physical, chemical, and biological integrity of the Nation's groundwater resources and ensure that such resources are not degraded in any way.
Part B: Detection - Provides that when it is not feasible or reliable to monitor the soils and waters in an unsaturated zone where the hazard from a source of contaminants is substantial the Administrator of the Environmental Protection Agency (Administrator) shall require leachate collection systems for such source.
Directs the Geological Survey to establish and conduct an ongoing program to identify, assess, monitor, and project changes in the quantity and quality of national groundwater resources. Authorizes the Geological Survey to undertake other groundwater research and appraisal programs, including programs involving: (1) Federal-State cooperative research projects; (2) the analysis of regional aquifer systems; and (3) the investigation of processes which control the movement, fate, and alteration of groundwater contaminants.
Requires each State to develop a report, within two years of this Act's enactment, characterizing the groundwater resources of such State and including comprehensive mapping of all aquifer systems in the State and identification of the principal sources of contaminants and groundwater withdrawals. Requires that such report be updated annually.
Directs each State to establish a water well drilling program which, at a minimum, requires that: (1) water well drillers be licensed; (2) waters from new or altered wells be analyzed for contaminants; (3) drinking groundwater wells be isolated from sources of contamination and other wells not be located or constructed in a manner which spreads contamination; and (4) information concerning completed or abandoned wells be recorded.
Requires that before real property is transferred, wells used for drinking or household needs be analyzed for contaminants and the results of such analysis be provided to prospective buyers. Prohibits transfer of such property until abandoned wells are plugged. Directs the Administrator to conduct a survey and report to the Congress by July 1, 1990, on abandoned water supply and other production and injection wells, including recommendations for the prevention of water contamination from abandoned water supply and other wells.
Directs the Administrator to conduct national groundwater quality surveys to determine the effect various contaminant sources have on groundwater quality and the measures that may be effective in preventing contamination. Authorizes the Governor of any State to petition the Administrator to initiate a nationwide survey of additional sources. Requires the Administrator to notify: (1) public water systems and private households of the presence of contaminants in their water; and (2) government officals of the need for corrective action. Sets forth reporting requirements.
Authorizes the Administrator to require the owner or operator of a source or potential source of contaminants, or a source of contaminants abandoned within the previous ten years to notify a designated State or local agency of such source and the effects of contaminants from such source. Subjects owners and operators who knowingly fail to submit accurate information to a civil monetary penalty.
Requires each State to undertake a continuing program to compile, publish, and submit to the Administrator an inventory describing the location of each drinking water well within such State which has been closed or restricted for use because the groundwater is nonpotable. Requires the owners and operators of such wells to provide the State with specified information regarding such wells. Subjects owners and operators who knowingly fail to submit accurate information to a civil monetary penalty.
Authorizes the Administrator to: (1) conduct programs and provide technical assistance to other governmental or nonprofit programs monitoring contaminants and other parameters in groundwater and soil, water, and vapors in the unsaturated zone; and (2) establish protocols for, and train and certify persons who will engage in groundwater sampling, analysis, and data management.
Provides that where the discharge from a source or potential source of contaminants has the potential to contaminate ground within the vicinity, the source owner or operator must monitor groundwater, and, where appropriate, soils and water in the unsaturated zone. Authorizes the Administrator to: (1) issue rules and guidelines for such site-specific monitoring; (2) require owners and operators of sources or potential sources of contaminants to install conduct monitoring of soil, water, and vapors in the unsaturated zone whenever such monitoring is practicable and reliable and discharges present a substantial threat of groundwater contamination; and (3) require manufacturers or importers of substances which contaminate or have the potential to contaminate the groundwater to monitor groundwater and soil, water, and vapor in the unsaturated zone at a representative number of substance sites and conduct a national exposure assessment to determine the public health risks of groundwater contamination when such substances may present an imminent and substantial endangerment to public health.
Authorizes the Administrator to issue an order requiring the owner or operator of a contaminant source which is presenting or may present a threat of injury or damage to human health, welfare, or the environment, or exceeds this Act's groundwater protection standards to assess the nature and extent of contamination. Requires the owner or operator to submit a source monitoring plan to the Administrator within 15 days of issuance of the order. Provides that where the contaminant source is the application of a pesticide in accordance with label instructions or widespread and usual practice, the Administrator may require the registrant of the pesticide to conduct the contamination assessment. Subjects owners and operators who fail to comply with an order of the Administrator to a civil monetary penalty.
Part C: Prevention - Directs the Administrator to publish guidance, within 30 months of this Act's enactment, for the establishment of State Control Programs applicable to categories of sources or potential sources of contaminants. Provides that such guidance may include requirements: (1) relating to source location, design, installation, operations, operator training, maintenance, leak detection, groundwater monitoring, record-keeping, corrective action, closure, and financial responsibility; and (2) varying among source types, different regions of the country, and new and existing sources. Requires the Governor of each State to prepare and submit to the Administrator for approval State Control Programs for the prevention of groundwater contamination. Requires that contaminant sources be in compliance with all requirements of a State Control Program within two years of the Program's approval unless the owner or operator has been granted a variance which will not result in unreasonable risk to human health or the environment. Provides for the waiver of Program requirements with respect to a particular source in certain cases where a waiver will not pose an unreasonable risk to human health or lead to adverse economic consequences which are not significantly outweighed by resulting social and economic benefits. Requires each Program to monitor the compliance of sources with Program requirements, enforce such requirements, and describe the authorities and resources available to the State to take corrective action when a discharge or threatened discharge from a source may present an imminent and substantial endangerment to human health or the environment. Requires that Programs be evaluated at least quadrennially to ensure that they are of sufficient stringency and effectiveness to prevent the violation of this Act's primary groundwater protection standards. Authorizes the Administrator to withdraw approval of a Program when the State is not administering and enforcing it in accordance with the guidance of the Administrator and does not take appropriate action to bring the Program into compliance within 90 days after notification of noncompliance. Waives this Act's discharge permit requirement for source owners or operators who are in compliance with Program requirements.
Subjects new contaminant sources to a second set of requirements written by the Administrator calling for use of the best practicable technology in controlling discharges. Authorizes States to develop and submit to the Administrator a program for enforcing such requirements.
Directs the Administrator to promulgate regulations, within 30 months of this Act's enactment, which reflect the greatest degree of control economically achievable through the application of the best available technology or management practice for sources or potential sources of contaminants. Requires that the Administrator, in establishing performance requirements, give priority to measures which reduce the volume and toxicity of contaminants handled or discharged over processes which merely contain, capture, or treat contaminants prior to discharge. Requires the Administrator to review and revise such regulations at least once every five years. Makes it unlawful for any person to install, operate, or close a source or potential source of contaminants in a wellhead protection or primary aquifer protection area without employing the best available technology and management practices.
Directs the Administrator to promulgate regulations, within one year of this Act's enactment, for State identification of wellhead protection areas in such a manner that any source of contaminants the discharge from which may reach a drinking water well or wellfield is encompassed within such an area. Requires each State to identify wellhead protection areas, within two years of this Act's enactment, and compile an inventory of the sources and potential sources of contaminants within such areas, within 36 months of this Act's enactment, for subsequent transmittal to the Administrator. Requires States to notify owners and operators of contaminant sources located within a wellhead protection area of the boundaries of such area and the requirements such location entails. Prohibits the location and requires the closure of injection wells, or sources or potential sources of contaminants which are not in compliance with best available technology and management practices, and facilities for the treatment, storage, or disposal of hazardous or nuclear wastes within wellhead protection areas.
Directs the Administrator to establish criteria for the establishment of boundaries for areas which may be designated as primary aquifer protection areas. Authorizes the Governor of each State or, if the Governor fails to act, the chief elected local government officials within the area to designate the boundaries of a primary aquifer protection area and designate a management agency for such area. Requires each State or consortium of local governments to submit to the Administrator for approval or disapproval the designations of primary aquifer protection areas. Requires the management agency of an approved primary aquifer protection area to: (1) conduct a comprehensive hydrogeological assessment of the area; and (2) within two years of the Administrator's approval of the area, compile an inventory of the sources or potential sources of contaminants within such area for transmittal to the Administrator. Provides that before regulations shall apply to contaminant sources within such an area a State act or statute must confirm the area's boundaries. Requires States to notify owners and operators of contaminant sources located within a primary aquifer protection area of the boundaries of such area and the requirements such location entails. Prohibits the location and requires the closure of injection wells, sources or potential sources of contaminants which are not in compliance with best available technology and management practices, and facilities for the treatment, storage, or disposal of hazardous or nuclear wastes within primary aquifer protection areas.
Provides for the implementation of a discharge permit program by July 1, 1992, under which permits shall: (1) be issued for terms of up to five years; (2) include a requirement that the owner or operator of the source certify, at least annually, that there is a program in place to reduce the volume, quantity, or toxicity of the discharge to the maximum extent practicable; (3) include requirements assuring that no contaminants enter water in sufficient quantity so as to exceed this Act's primary or secondary groundwater protection standards; (4) include requirements for assessing the source, discharges from the source, and the soil and water within the vicinity of the source in addition to giving the Administrator's representatives certain investigatory powers; (5) include requirements for assuring that the source meets all performance requirements and utilizes appropriate control technologies and management practices; and (6) include requirements for reporting permit violations, and source modifications and closures. Prohibits the dilution or dispersion of a discharge in groundwater as a means satisfying this Act's primary or secondary groundwater protection standards.
Sets forth the required content of discharge permit applications, including information regarding; (1) the source owner or operator and the nature of the source and its discharge; (2) the hydrogeology of the site; and (3) an assessment of the impact of the discharge that would be permitted. Lists contaminant sources which must obtain a discharge permit provided they are not subject to a deferral of such requirement or in compliance with State Control Program requirements. Gives the public and other affected States notice and the right to a hearing before the issurance, modification, revocation, or renewal of a discharge permit.
Requires that contaminant sources be in compliance with all requirements of a permit by July 1, 1994, and on the date the permit is issued thereafter unless the source owner or operator has been granted a variance which will not pose an unreasonable risk to human health or the environment. Provides for the waiver of permit requirements with respect to a particular source in certain cases where a waiver will not pose an unreasonable risk to human health or lead to adverse economic consequences which are not significantly outweighed by resulting social and economic benefits. Exempts certain sources which have obtained a permit pursuant to other Federal law provisions. Authorizes the revocation of a discharge permit for cause, after notice and an opportunity for hearing, including a determination that a permitted discharge is presenting or may present a threat or damage to human health, welfare, or the environment. Authorizes the immediate suspension of a permit when danger to human health or the environment is imminent and substantial. Requires the Administrator to impose fees for permits to cover the costs of the permit program.
Authorizes States to conduct their own discharge permit programs provided the programs furnish protection for human health, welfare, and the environment at least equal to the protection afforded by the Federal program and follow guidelines to be promulgated by the Administrator. Gives the Administrator 90 days after receipt of a permit proposed to be issued by the State to object to the permit as outside this Act's requirements.
Requires the Governor of each State to submit, within two years of this Act's enactment, for the Administrator's approval a groundwater protection strategy which includes a schedule of activities for the succeeding four-year period. Sets forth the required elements of such strategy providing for the implementation and enforcement of requirements imposed elsewhere in the Act and requiring that States establish a schedule for developing a State Control Program for each of specified contaminant source categories and identify Federal financial assistance programs and development projects which will be reviewed for their effect on groundwater quality. Requires the Federal Government to accommodate the concerns of each State regarding the effect such programs and projects have on groundwater quality.
Directs the Administrator, in making grants to States for water protection programs, to give priority to States with strategies which reduce the generation of waste and minimize the toxicity, mobility, and volume of wastes. Requires State strategies to identify the measures which will be taken to reduce on-land disposal of solid waste by 25 percent during the four-year period covered by the strategy.
Requires the Governor of each State and the Administrator to jointly appoint a Commission, at least 12 months before an existing strategy expires, to review the adequacy of and recommend modifications to the State's comprehensive strategy. Directs the Administrator to give great weight to the Commission's recommendations when deciding on renewal of the State groundwater protection strategy.
Requires the Administrator and each State to establish an annual work program, before a groundwater protection grant is made to the State, which sets forth the obligations the State incurs by accepting such assistance and reflects national priorities while accommodating State priorities.
Amends the Safe Drinking Water Act to require the Secretary of Agriculture to establish a groundwater protection reserve program during the 1990 through 1995 crop years under which the Secretary enters into ten to 15-year contracts with owners and operators of farms and ranches containing land in aquifer protection areas to place such land in the groundwater protection reserve. Provides an annual rental payment to such owners and operators to compensate them for converting land normally devoted to the production of an agricultural commodity to a less intensive use in accordance with a plan approved by the local groundwater management or conservation district.
Part D: Correction - Directs the Administrator to promulgate primary groundwater protection standards for each contaminant which may have an adverse effect on a person's health and include in each standard a numerical value expressing the concentration of the contaminant in water. Requires that such numerical value be set at a level at which no known or anticipated adverse effect on a person's health will occur and which allows for a margin of safety, except that for carcinogens such level must reduce the risk of cancer for exposure to the contaminant to no more than one in one million. Directs the Administrator to promulgate secondary groundwater protection standards for each contaminant for which a secondary standard, which is more stringent than a primary standard, is necessary to prevent adverse effects on public welfare or the environment. Directs the Administrator to promulgate correction standards which include numerical values or a range of values expressing the concentration of the contaminant in groundwater or the percentage reduction in the contaminant from groundwater treatment achievable through application of best available treatment technology and remediation methods. Prohibits the Administrator from finalizing a standard before being advised by the Ground Water Protection Standards Board (Board) that an appropriate research program for the applicable contaminant has been completed and the data has been incorporated into the Board's recommendations. Requires the Board and the Administrator to review and, if appropriate, revise standards at least once every five years.
Directs the Administrator to publish a list, within six months of this Act's enactment, of the contaminants which are known to occur in groundwater and which may have an adverse effect on a person's health or the environment. Provides for additions to such list.
Requires the Board to: (1) develop and transmit to the Administrator interim and final standards for listed contaminants; (2) transmit to the Administrator a research program for each listed contaminant within 120 days of its listing; and (3) publish a document containing criteria for each contaminant, including an analysis of the risk posed by the contaminant at various concentrations in water and with respect to various uses of the water. Requires manufacturers and importers of listed chemical contaminants to register with the Administrator reporting the amount of such substance manufactured or processed in each of the previous five years and in each of the five succeeding years. Gives such manufacturers and importers notice of and the opportunity to undertake Board-recommended research programs which have been approved by the Administrator. Provides that the Administrator shall undertake such research and allocate its costs to appropriate manufacturers and importers if the latter do not undertake such research within 90 days of receiving notice of the research program's approval.
Requires the Administrator to publish the Board's standard for a contaminant within 30 days after receiving it from the Board, but authorizes the Administrator to modify the Board's standard in promulgating a standard for the contaminant within 180 days thereafter.
Provides that upon receipt of evidence that a source or potential source of contaminants is presenting or may present an imminent and substantial endangerment to human health or the environment and that State or local authorities have not acted to abate such sources, the Administrator may bring a civil action to effect such abatement or, if more prompt protection is required, issue necessary protective orders.
Requires the Administrator to notify appropriate State and local government agencies and persons relying upon affected drinking water wells of imminent and substantial dangers from contaminant sources.
Authorizes the Administrator to: (1) require the owner or operator of a contaminant source, or the generator of contaminants, to promptly take the corrective action necessary to protect human health, welfare, or the environment or comply with this Act's groundwater protection standards; and (2) take corrective action when the owner or operator cannot be found, is incapable of taking prompt action, or refuses to take such action. Sets forth examples of such actions. Requires an owner or operator of a contaminant source who obtains information indicating that the source is contaminating groundwater to report to the Administrator on the concentration of the contaminant detected, its location, and such other information the Administrator requires to determine whether corrective action is required. Requires that such owners or operators also notify persons relying upon the groundwater for drinking or household needs of the contamination if it poses a threat to human health.
Provides that when a contaminant is present in groundwater at a concentration that reaches or exceeds 50 percent of a primary groundwater protection standard, the owner or operator of the contaminant source must implement a plan to cease or modify operations so that the contaminant will not reach such standard. Directs the Administrator to issue an order prohibiting further operation of or discharges from a contaminant source which reaches and exceeds such standard and requiring that action be taken to prevent the spread of the contaminant. Provides that when a contaminant is present in groundwater at a concentration that substantially exceeds the correction standard for such contaminant or otherwise threatens human health and the environment, the Administrator shall order the source owner or operator to conduct a remedial investigation and feasibility study for the Administrator's use in selecting remedial measures. Requires the Administrator to order post-remedial care, after the successful implementation of remedial measures, which may include monitoring of soil and water within the vicinity of the source or maintenance of systems preventing contaminant discharge. Authorizes the imposition of corrective action requirements as part of the discharge permit pocess.
Subjects owners and operators of contaminant sources to liability for: (1) corrective action costs incurred by Federal, State, or local governments or other persons; (2) all damages for economic loss or loss due to personal injury or loss of natural resources resulting from a discharge which contaminates groundwater resources. Sets forth defenses to such liability. Subjects persons who are liable for a release or threatened release of contaminants and fail without sufficient cause to take corrective measures upon the Administrator's order to punitive damages.
Provides that, when it is not technically impractical, corrective measures shall be designed to prevent the concentration of a groundwater contaminant from reaching or exceeding the primary groundwater protection standard for such contaminant and if this is not possible, to prevent it from exceeding the correction standard for such contaminant. Authorizes the Administrator to select alternative corrective action measures when the preceding measures are technically impractical from an engineering perspective. Sets up an appeals process for individuals adversely affected by such alternative measures. Authorizes the Administrator to select corrective measures designed to prevent the exceeding of a secondary groundwater protection standard, but only where such measures would provide cost effective protection of groundwater. Requires that corrective measures incorporating treatment to permanently and significantly reduce the volume, toxicity, or mobility of contaminants be selected in preference to measures which merely contain such contaminants or remove them to other sites.
Authorizes States to conduct their own corrective action programs provided the programs furnish protection for human health, welfare, and the environment at least equal to the protection afforded by the Federal program and follow guidelines to be promulgated by the Administrator. Gives the Administrator the authority to review and disapprove State corrective action orders prior to their implementation. Requires States which are conducting their own programs to bear 50 percent of the corrective action costs not borne by source owners or operators.
Provides for public participation in the development of the administrative record on which the Administrator or State will base selection of corrective action measures.
Authorizes appropriations to a revolving fund to be established in the Department of the Treasury to carry out the corrective action program.
Subjects source operators who knowingly violate a primary groundwater protection standard, and owners or operators who fail to report information indicating that the source is contaminating groundwater, to civil monetary penalties.
Establishes a Federal program, in partnership with the States, to compensate owners or lesses of property which is not served by a public water supply for the costs of testing, treating, or replacing contaminated wells supplying drinking water or water suitable for other household uses. Requires owners or lessees to pay 20 percent or $500 of such costs, whichever is lesser. Provides for the recovery of such costs from liable third parties.
Part E: Management - Ground Water Recharge Research and Demonstration Act of 1986 - Authorizes the Secretary of the Army, acting through the Chief of Engineers, to conduct a program of research, development, and demonstration projects to determine the usefulness and economic viability of artificial groundwater recharge, and develop new and more efficient techniques for the transfer of surface water to water bearing underground strata. Requires the Secretary to report to the Congress regarding such program by May 30, 1993. Authorizes appropriations for such program. Amends the High Plains States Ground Water Recharge Demonstration Program Act of 1983 to double authorized appropriations for groundwater recharge demonstration project planning.
Part F: Research - Directs the Administrator to establish a national research, development, and demonstration program for the protection, maintenance, and restoration of the groundwater resources of the United States. Requires such program to include, and promote the coordination and acceleration of, research, demonstrations, and surveys into causes, prevention, and correction of groundwater contamination. States that priority shall be given to projects which demonstrate the fate of contaminants in groundwater and develop methods and procedures for controlling contaminant sources, monitoring water quality, restoring contaminated groundwater, and reducing the contaminating effects of waste materials. Directs the Administrator to investigate the effects of contaminated groundwater on human health and the environment, and on the Nation's water supply needs. Requires peer review of all studies conducted under the national program. Authorizes the provision of facilities and equipment for research, development, and demonstration projects under such program, but limits the construction of facilities on non-Federal land.
Vests in the United States any patent rights resulting from inventions created in the course of or under contract of the Administrator under the national groundwater research, development, and demonstration program.
Authorizes the Administrator to waive such rights in the best interests of the public and the United States, based on the need to encourage participation and other factors. Authorizes a reserve of limited rights, such as a nonexclusive license, to a contractor or inventor. Permits the Administrator to grant exclusive licenses if to do so would bring an invention to the point of commercial or practical application, so long as competition is not substantially lessened. Retains to the United States certain rights even when a waiver of rights or grants of an exclusive license is made, including reports, foreign sublicensing, and termination rights.
Direct the Administrator to establish a media-specific research committee for groundwater resources which shall develop, and submit to the Congress by January 15 of each year, a management plan for the groundwater research program that lists all pending or foreseeable major groundwater policy decisions, specifies the type and adequacy of information relevant to such decisions, and defines the research necessary to address deficiencies in available information. Requires the Administrator to appoint a Ground Water Research Manager in the Office of Research and Development to carry out such management plan.
Directs the Administrator to establish a program of research to develop technologies for the control of groundwater contamination. Requires that such program be carried utilizing demonstration projects through contracts, cooperative agreements, or grants. Requires the Administrator to evaluate projects on the basis of the potential of the proposed method to effectively control sources of contaminants presenting the greatest risk to human health, the environment, or groundwater and such method's potential application in other locations and circumstances as well as the technical and financial capacities of the project's proposer. Requires the Administrator to supervise and monitor such projects. Limits the Federal share to 75 percent of costs. Limits any State's share of available funds to 15 percent.
Directs the Administrator to conduct a technology transfer program, including a central reference library. Requires such program to protect trade secrets from public disclosure.
Requires the Administrator to make grants to universities or research institutions to establish and operate four groundwater research institutes to conduct research and training and disseminate information on the protection and restoration of groundwater. Bases selection on whether such institute would be located in a region making significant use of groundwater with significant contamination problems and the capacity of such institute to carry on and lead such research. Limits the Federal share to 75 percent of costs. Designates the National Center for Ground Water Research as one of the institutes. Requires another to serve an area of primarily karstic topography and a third to serve an area of primarily intermountain glaciated geology. Earmarks funds for technology transfer. Requires the Administrator to approve and evaluate each institute's research.
Directs the Secretary of Agriculture, acting through the Agricultural Research Service, to establish a national research, development, and demonstration program with respect to the impact of agricultural practices on groundwater quality, including the application of pesticides and nutrients, irrigation practices, and the operation of animal feedlots. Requires the Secretary to address: (1) chemical and biological interactions and processes, including the fate and transport of substances released by agricultural practices; (2) analytical models and testing methodology; and (3) management and control.
Directs the Secretary of Agriculture to conduct research and investigations and report to the Congress within two years of this Act's enactment on practices for improving the efficiency of fertilizer uses in agriculture, including timing and rate of applications. Authorizes appropriations for FY 1988 and 1989. Requires the Secretary to study and report to the Congress on the chemical constituents of commercial fertilizer products sold in the United States. Authorizes appropriations.
Requires the Secretary to study and report on the public health effects of nitrates, nitrosamines, and other metabolites of nutrients and nitrogen in drinking water supplies, including sources, levels of exposures, and methods and costs of control. Authorizes appropriations.
Directs the Administrator to conduct research and report to the Congress on developing a cost effective leak detection system for underground storage tanks containing petroleum. Requires the use of best available technology. Authorizes appropriations.
Requires the Director of the Geological Survey to study and report to State and local governments on the existing and projected use of geothermal wells on groundwater. Authorizes appropriations.
Requires the Administrator to study and report to the Congress on the impact of agricultural drainage wells on groundwater, including alternatives for drainage. Authorizes appropriations.
Authorizes appropriations to the Agricultural Research Board to study and report to the Congress on the impact of conservation tillage and other soil and water conservation practices on groundwater quality.
Part G: Assistance - Directs the Administrator to: (1) provide technical assistance and training to States, local governments and planning agencies, and groundwater management districts to enable such entities to maintain and restore groundwater quality; and (2) establish a national groundwater information clearinghouse.
Authorizes the Administrator to make grants to States to support the development and implementation of State or local government programs and plans to detect, prevent, and correct groundwater contamination. Includes among acceptable grant activities; (1) the identification of groundwater resources and contaminant sources; (2) the research, development, and demonstration of methods effective in the prevention, detection, and correction of groundwater contamination; (3) groundwater monitoring; (4) data collection and management programs; (5) the assessment of State or legal authorities for groundwater protection and management; (6)the enforcement of permits, standards, and requirements related to groundwater protection; (7) public education programs; (8) groundwater personnel training programs; and (9) program planning and administration. Bases the amount of each State's allotment on the extent of groundwater contamination in such State or the number and nature of contaminant sources in such State. Limits a State's allotment to 50 percent of State groundwater protection program costs. Conditions a State's eligibility for such grants, after FY 1990, on its compliance with this Act's groundwater protection measures. Provides that, in addition to making general groundwater protection program grants, the Administrator is authorized to make grants to States for: (1) the supervision of the contaminant discharge permit program; (2) the identification of wellhead protection areas and inventories of contaminant sources; (3) compliance monitoring and enforcement activities; (4) the review of State groundwater protection strategies and Source Control Programs; (5) the administrative costs of corrective action programs; and (6) the sampling and analysis of drinking water. Sets forth grant application requirements. Requires States receiving such grants to encourage public participation in developing groundwater protection policies, programs, and plans and report annually to the Administrator on the use of grant funds.
Authorizes the Administrator to make grants, from the Community Water Supply Mangement Trust Fund, to a groundwater management district designated by the Governor of the State in which it is located and headed by a popularly elected governing board. Prohibits the provision of a grant to such district unless as a part of its program there has been completed: (1) within 12 months of the district's designation, a detailed hydrogeologic assessment of the ground and surface water within the district; (2) within two years of this Act's enactment, an identification of all wellhead protection areas within the district; (3) within three years of this Act's enactment, an inventory of all contaminant sources within such wellhead protection areas; (4) within two years of the district's designation, a comprehensive groundwater management plan for the district which contains specific programs and policies that assure compliance with primary groundwater protection standards. Directs the Administrator to review comprehensive groundwater management plans prepared by each district to assure that district activities are consistent with this Act's objectives. Requires districts to coordinate their activities with other federally-assisted water protection programs. Allocates funds among districts in a manner which takes into account: (1) the number of residents residing in each district who use groundwater; (2) the number of contaminant sources in each district; (3) the number of wellhead protection areas in each district and the district's responsibility, if any, for implementing this Act's requirements regarding such areas; and (4) the vulnerability of district groundwater to contamination. Sets forth reporting requirements.
Part H: Authorities - Sets forth the Administrator's authority to administer this Act's groundwater protection program. Authorizes the Administrator to impose a reasonable fee on persons applying for a contaminant discharge permit or seeking data collected and managed under this Act.
Requires the President, by and with the advice and consent of the Senate, to appoint an Assistant Administrator for Ground Water Protection of the Environmental Protection Agency to head the Office of Ground Water Protection which is to be established within the Agency by the Administrator.
Directs the President to clarify and, where appropriate, reorganize agency responsibilities for Federal groundwater protection and management programs, and provide for interagency coordination of such programs. Requires the President to report to the Congress within 30 months of this Act's enactment on such activities. Establishes an Interagency Task Force on Ground Water Protection which is to convene at least four times each fiscal year and submit an annual report to the President and to the Congress detailing its activities in coordinating the groundwater protection policies, programs, and plans of the various member agencies of the Task Force.
Directs the Administrator to establish, within 90 days of this Act's enactment, a Ground Water Protection Advisory Committee composed of the Administrator and 14 members appointed by the Administrator who are not Federal officers or employees.
Establishes an independent regulatory board within the Environmental Protection Agency to be known as the Ground Water Protection Standards Board. Sets forth reporting requirements.
Subjects the owner or operator of any contaminant source to liability for damages to natural resources and costs incurred by the Federal or State or local governments pursuant to this Act in: (1) monitoring, testing, and analyzing groundwater and its environs; (2) taking corrective action; and (3) testing, treating, or replacing water wells. Sets forth denses to such liability. Subjects persons who are liable for a release or threatened release of contaminants and fail without sufficient cause to take corrective action upon the Administrator's order to punitive damages.
Authorizes individuals who are responsible for carrying out this Act's provisions to require owners or operators of contaminant sources to furnish and provide them with access to information and documents relating to: (1) the nature and quantity of contaminants and their discharge; (2) discharge monitoring; (3) corrective action taken; and (4) the ability of the owner or operator to take corrective action. Authorizes individuals acting pursuant to this Act to enter, at reasonable times, contaminant sources and inspect and obtain contaminant discharge samples. Authorizes the Administrator to issue compliance orders when requests for information or access are denied. Subjects individuals who fail to comply with such orders to civil monetary penalties. Provides for the confidentiality of certain information protected by Federal law.
Authorizes the Administrator to: (1) issue orders requiring persons to comply with this Act's requirements, after giving the State 30 days to obtain compliance; (2) commence a civil action for appropriate relief for any violation for which the Administrator is authorized to issue a compliance order; (3) impose an administrative civil penalty of not more than $10,000 per day for each violation, up to a maximum administrative penalty of $125,000. Subjects violators of this Act's requirements to civil monetary penalties of up to $25,000 per day for each violation. Subjects persons who negligently or knowingly violate this Act's requirements to criminal penalties.
Permits citizen suits against violators of this Act's requirements and against the Administrator or Board for failing to perform nondiscretionary acts or duties under this Act. Prohibits a citizen suit if the Administrator or State is diligently prosecuting an action to require compliance with such requirement. Authorizes public water systems to bring actions against contaminators to recover costs incurred in treating drinking water so that it complies with Federal regulations or obtaining alternative water supplies by reason of such contamination. Authorizes the Federal Government, any State, or the owner of any well to bring an action against a contaminator to recover costs incurred in replacing such well, treating the water from such well, or obtaining alternative water supplies. Authorizes the court to award litigation costs to the prevailing party.
Provides for judicial review of: (1) any final regulation, requirement, guideline, or standard promulgated pursuant to this Act; (2) the Administrator's denial of any petition for the promulgation, amendment, or repeal of such regulations, requirements, guidelines, or standards; (3) the Administrator's issuance, denial, modification, or revocation of a discharge permit; and (4) the Administrator's approval or disapproval of a State Control Program.
Requires the Administrator to request the Attorney General to represent the United States in any civil or criminal action instituted under this Act.
Provides for the separability of any provisions of this Act from a provision or the application of a provision which is held invalid.
Sets forth audit and record-keeping requirements applicable this Act's assistance recipients. Requires officers and employees of the Agency and Board to disclose their financial interests annually to the Administrator. Prohibits individuals who have certain connections with contaminant sources from serving as members of the Agency or Board.
Prohibits discrimination against or the firing of an employee representative participating in a proceeding which is part of this Act's administration or enforcement. Authorizes such individuals to apply to the Secretary of Labor for review and abatement of such firing or discrimination.
Makes this Act's provisions applicable to contaminant sources which are under Federal jurisdiction, but permits the President to exempt such a source when it is in the paramount interest of the Nation to do so.
Provides for public: (1) participation in the promulgation, amendment, or repeal of this Act's regulations, requirements, guidelines, and standards; and (2) review of discharge abatement and corrective actions.
Sets forth administrative rule-making and risk assessment requirements.
Provides for interstate agreements and Federal cooperation with State and local governments in implementing this Act's provisions.
Directs the Administrator to treat Indian Tribes as States for the purposes of groundwater protection, except that Federal funding shall cover all tribal groundwater protection costs. Authorizes Indian Tribes and States to enter into cooperative agreements, subject to the Administrator's approval, for this Act's administration. Requires the Administrator to report to the Congress within one year of this Act's enactment on a survey of tribal groundwater protection program needs.
Requires that laborers and mechanics working on construction projects assisted under this Act be paid wages at rates which are no less than rates for similar work in the locality.
Directs the Administrator to transmit to the Congress, beginning on January 15, 1990, and within 105 days after the end of each fiscal year thereafter, a comprehensive and detailed report on measures taken to implement this Act's goals and requirements.
Introduced in Senate
Introduced in the Senate and read twice and held at the desk by unanimous consent. Until the close of business Monday February 29, 1988.
Referred to the Committee on Environment and Public Works.
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