Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-45 - Water Resources (Water Supply)
Chapter 0400-45-01 - Public Water Systems
Section 0400-45-01-.34 - DRINKING WATER SOURCE PROTECTION

1. Ground Water Source

A PWS using a ground source shall prepare a Wellhead Protection Plan which determines a wellhead protection area and identifies significant potential contaminant sources which may have any adverse effect on the health of persons and potential contaminant sources within the area. Each PWS using a ground water source must implement the approved Wellhead Protection Plan and a Wellhead Protection Program. Each PWS using a ground water source shall also develop and maintain a contingency response plan as further specified in paragraph (4) of this rule. The wellhead protection plan shall be submitted for approval by the Department and be available for inspection during subsequent sanitary surveys or other inspections.

2. Surface Water Source

A PWS using a surface water source shall prepare and annually update a contaminant source inventory of significant potential contaminant sources which may have any adverse effect on the health of persons and potential contaminant sources within the source water protection area. The contaminant source inventory and subsequent updates for surface water based systems shall include the notifications roster, response committee designees and other portions of the emergency operations plan pertaining to source water protection implementation. The contaminant source inventory with the required information from the emergency operations plan shall be submitted to the Department every three (3) years starting on December 31, 2006 and be available for inspection during subsequent sanitary surveys or other inspections.

1. "Abandoned well" means any well the use of which has been accomplished or permanently discontinued because necessary operating equipment has been removed or a well is in such a state of disrepair that continual use for the purpose for which it was constructed is impractical. A well shall be considered permanently discontinued if it has not been used for a two (2) year period and is not included as a part of the wellhead protection plan as either an emergency backup well or future growth well for the water system. Emergency backup wells and future growth wells must be properly maintained and/or secured. Emergency wells that are not in continuous use must be properly maintained, pumped and tested at least annually. Wells used for the regular, ongoing, collection of water-levels, water-quality, or other scientific measurements are not abandoned, but are considered observation wells. Observation wells must be properly maintained and have adequate protection to prevent their becoming a route for contamination.

Aquifers of Tennessee

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2. "Aquifer" means a geologic formation, portion thereof, or group of formations (including overlying unconsolidated material) which contains and is capable of yielding a sufficient quantity of ground water to serve as a domestic or public water supply or other use.

3. "Confined Aquifer" means an aquifer bounded above and below by layers of geologic material with sufficiently low hydraulic conductivity to hamper movement of water into and out of the aquifer.

4. "Critical Source Water Protection Zone" means the surface water body and adjacent land area from one half (1/2) mile downstream of the intake to five (5) miles upstream of the public water system intake, including a one thousand (1000) foot corridor parallel to the designated stream banks and any perennial streams which are tributaries to that stream.

5. "Ground Water" means any waters of the State as defined in T.C.A. § 69-3-103 (Tennessee Water Quality Control Act), occurring below the surface of the ground not contained by artificial barriers.

6. "Leaky Confined Aquifer" means a confined aquifer whose bounding layer of geologic material of lower hydraulic conductivity is sufficiently permeable to transmit water from the overlying unconfined aquifer into the semi-confined (leaky) aquifer.

7. "Karst" means limestone, shaley limestone, dolomite, and/or shaley dolomite rock terrain characterized by highly directional ground water flow in discrete channels or conduits in the form of solutionally enlarged fractures, faults and/or bedding planes. It is not required for karst surface features to be present in the form of sinkholes, disappearing streams, caves and springs for the karst definition to be applicable. This definition includes both conduit flow conditions and flow conditions through microfractures and along bedding planes. Areas of the State of Tennessee which are considered to meet this definition are further identified in Figure 1.

8. "Significant Potential Contaminant Source" means a facility or activity that involves the handling of materials that could readily be introduced into the water supply source via spill, leakage, intentional discharge or other release of contaminants and presents a likely threat to drinking water quality and the public health. Significant potential contaminant sources would include, but not be limited to, the following: automotive shops, service stations, automotive body shops, junkyards, salvage yards, machine shops, metal fabrication shops, chemical manufacturers, electronic and electrical equipment manufacturers, boat manufacturers, oil distributors, petroleum bulk stations and terminals, bus and truck terminals, storage or mixing areas for commercial fertilizers, pesticides and herbicides; landfills, construction debris landfills, dumps, sludge spreading or landfills; facilities that generate, treat or dispose of hazardous waste; concentrated animal feedlots, golf courses, and mining areas.

9. "Source Water Management Zone (SWMZ)" means the surface water body and adjacent area that encompasses the water body, tributaries and adjacent land area more than five (5) miles upstream of a public water system intake that includes the remainder of the appropriate watershed within that hydrologic unit.

Zone A (Inner SWMZ) is the surface water body and adjacent area that is five (5) to fifteen (15) miles upstream of a public water system intake, including a one thousand (1000) foot corridor parallel to the designated stream banks and any perennial streams which are tributaries to that stream.

Zone B (Outer SWMZ) is the surface water body and adjacent area that is more than fifteen (15) miles upstream of a public water system intake, including a one thousand (1000) foot corridor parallel to the designated stream banks and any perennial streams which are tributaries to that stream.

10. "Source Water Protection Area" means the area upgradient of a public water supply source through which contaminants are reasonably likely to reach such water source. "Source water protection areas" specifically include those areas defined as source water protection areas for surface water intakes and wellhead protection areas for public ground water withdrawal sources.

11. "Wellhead Protection Area" means the surface and subsurface area surrounding a waterwell, wellfield or spring supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well, wellfield or spring.

1. Each PWS shall take photographs and perform field measurements, pursuant to the appropriate size category, in the delineation of their wellhead protection area (Zones 1 and 2 in part 2. of this subparagraph).

2. Each PWS shall designate two zones of protection for their ground water source:

3. The Wellhead Protection Zone (Zone 1) shall be designated as the following radius:

4. The Wellhead Management Zone (Zone 2) for Category 1 systems shall be designated as the area encompassed from the 250 foot radius (Zone 1) to a 750 foot radius. For PWS Categories 2 through 4, Zone 2 shall be as set forth in paragraph (2) of this rule.

5. Each PWS shall notify the governing county body and county/regional planning commission of the designation of the Zones in parts 3. and 4. of this subparagraph, per the Tennessee Safe Drinking Water Act, T.C.A. §§ 68-221-701 et seq. once a wellhead protection plan has been developed and approved and at each update of the plan. The PWS shall describe the concept of Wellhead Protection and Wellhead Management Zones and provide a topographic map or other suitable map of a scale of 1:24000 (1 inch=2000 feet) or better with the designated area marked. The PWS shall also provide a statement of the intent to pursue a Wellhead Protection Program, soliciting the governing body and planning commission's cooperation. PWS are encouraged to provide representatives for local emergency planning committees.

6. Each PWS shall perform a Potential Contaminant Source Inventory within its designated Wellhead Protection and Wellhead Management Zones to identify all potential contaminant sources located within those zones. For the purposes of this rule, a potential contaminant source shall be defined as any facility, structure, enterprise, function or activity occurring or present within a wellhead protection or management zone which may, as a result of either the normal or abnormal operation thereof, release to the ground waters any pollutant, material or contaminant substance as defined in T.C.A. §§ 69-3-101 et seq. (Tennessee Water Quality Control Act). Examples of land uses and activities which are considered to be potential contaminant sources will be further described in the guidance document to be published by the Department. The potential contaminant source inventory must be submitted to the Department by the time set forth in subparagraph (g) of this paragraph.

7. Each PWS shall submit a Wellhead Protection Plan for Department approval. Plans shall consider hazardous chemical use, storage, spill response notification and contingency planning. In addition, plans shall include public education and participation, proposed local ordinances, proposed zoning changes and other institutional controls. The Plans shall also include provisions for periodic updating. The PWS shall implement the Wellhead Protection Plan as set forth in subparagraph (g) of this paragraph.

8. As the Wellhead Protection Plan is implemented, the PWS shall document any land management strategies available to it which have been employed. Documents may include, but are not limited to the following: ordinances, codes, permits, memoranda of understanding, and public education programs.

9. A PWS may apply to the Department for an extension of the time frame to submit the wellhead protection plan to the Department. The request must be in writing and set forth the basis for the request. A system must provide the following information and data to the Department with a request for an extension:

10. The Department shall determine whether to grant an extension of this requirement. The Department shall consider the following factors in its determination:

11. The Department shall either grant or deny a request for an extension of the timeframe to submit the wellhead protection plan. The term of the extension shall be set by the Department, however, the term of the extension shall not exceed three (3) years. A system may request, in writing, that the extension be continued for an additional three (3) years upon good cause shown. The Department shall review and, where appropriate, revise its determination when relevant data or information becomes available.

12. PWS which do not comply with this rule in the development of a Wellhead Protection Plan shall not be eligible for waivers from monitoring requirements for chemicals for which MCL's have been established as set forth in Rules 0400-45-01-.09 and 0400-45-01-.10.

13. A change within the Wellhead Protection area will require an updated Plan. A significant increase in average daily production rates (greater than 25%) and significant new potential contamination sources shall require alteration of the Plan. For purposes of this rule, a significant potential contamination source is defined as any facility, structure, enterprise, function or activity occurring or present within a wellhead protection or management zone which due to an activity or the release of contaminant substances resulting from the normal or abnormal operation of such activity, may present an immediate or increased risk of contamination of the ground waters supplying a spring, well, or wellfield. Updates regarding potential contaminant source inventories shall be performed at least every three years or when significant new potential sources are discovered. The revisions should address any changes in the hydrogeology, delineation of the protection areas, potential contamination sources, and land management strategies. The Department may request an update to the Plan due to change in hydrogeologic conditions (including increased pumping rates) or changes in potential contamination sources which may increase the risk of contamination of the PWS.

14. The PWS shall comply with the terms set forth in paragraph (2) of this rule, to delineate the Wellhead Management Zone. The Department must be notified prior to dye traces being run which may impact a public water system. A dye trace plan must be submitted to the Department for approval. The plan must include the date of the test, the duration of the test, the type and amount of the dye to be injected and any other information the Department requires for evaluation of the test. Dye trace results must also be submitted to the Department.

15. The Wellhead Protection Plan shall include a procedure for notifying the Department of any condition which may impact the provisions of the wellhead protection plan or water supply. The PWS shall establish a procedure for notifying the owner or operator of any potential contaminant source which is believed to be discharging substances which may endanger the water supply of the PWS.

This notification shall cite the provisions of the Tennessee Safe Drinking Water Act specifically including the language in T.C.A. § 68-221-711(5) (i.e., "The discharge by any person of sewage or any other waste or contaminant at such proximity to the intake, well or spring serving a public water system in such a manner or quantity that it will or will likely endanger the health or safety of customers of the system or cause damage to the system" is prohibited) and this rule, as well as any local ordinances which implement or support the wellhead protection plan. Such notification to the owner or operator shall also request the owner or operator to abate the activity or discharge. A copy of such notification shall be submitted to the Department.

1. Water systems with new ground water supply sources shall have source approvals in writing by the Department prior to initiation of operation as a public water supply source. An existing water system that was previously not designated as a public water system shall have sixty (60) days upon notification of the determination as a public water system to submit source approval documentation for the Department's review. Source approvals shall include a one-mile radius inventory of significant potential contaminant sources for Category 2, 3 and 4 ground water supplies.

2. Category 2, 3 and 4 public water systems shall submit a wellhead protection area for Department approval within 6 months of operation of the new source. Where the source is in close proximity to an existing withdrawal source such that the wellhead protection area does not require modification, a request to include the new source in the existing wellhead protection area may be submitted. Within one (1) year after the initial operation of the new water source, a contaminant source inventory from within the wellhead protection area and a wellhead protection plan shall be submitted for Department approval. Category 1 ground water PWS shall have wellhead protection plans submitted to the Department within ninety (90) days of initial operation or notification of designation as a public water system by the Department. Each ground water PWS shall notify in writing the governing county body and county/regional planning commission of the designation of the Zones in parts (f)3. and 4. of this paragraph, under the Tennessee Safe Drinking Water Act, T.C.A. §§ 68-221-701 et seq. upon completion of the wellhead protection plan and at subsequent updates.

3. A review of the potential contaminant source inventory must be performed at minimum annually by the category 2, 3, and 4 community systems. Such review shall be documented and kept on file at the water system office. Wellhead protection plans shall be submitted to the Department on a three year cycle. Category 1 community systems shall perform the reviews as a part of their required submittals to the Department every three years with the submittal dates coinciding with the category 2, 3, and 4 community submittals.

1. Photographs: Category 1 systems are required to provide clear photographs of the spring/wellhead and photographs taken North, Northeast, East, Southeast, South, Southwest, West and Northwest from the spring/well vantage point (facing outward from the spring or well). If the well or spring is enclosed in a building, the photographs shall be taken at a point as near as possible to the well/spring that allows a view of the surrounding property.

2. Area Delineation: The minimum Zone 1 area for Category 1 PWS shall be set as a 250 foot radius of the well or spring. The minimum Zone 2 area shall be set as the area from the 250 foot radius to a 750 foot radius of the well or spring. If the Department determines these radii do not provide sufficient protection for a specific PWS, these zones may be enlarged or modified.

3. Contaminant Source Inventory: Category 1 PWS are required to perform a potential contaminant source inventory within Zones 1 and 2. These sources are to be indicated on a topographic map or other suitable map with a scale of 1:24000 (1 inch=2000 feet) or better. The wellhead/spring and Zones 1 and 2 must be clearly marked, along with an inventory of sources in tabular form. Guidelines for performing a contaminant source inventory will be included in the published guidance.

4. Wellhead Protection Plan: The Plan to be provided by Category 1 PWS shall consist of the required photographs, Zone 1 and 2 marked on the topographic map, the contaminant source inventory, and the steps the PWS is taking to protect the area within Zone 1. The steps must include plans for hazardous chemical storage on the property, hazardous chemical use within Zone 1, plans for spill response and may include posting as a wellhead protection area in the immediate vicinity of the well or spring. Other provisions may also be included. Two copies of the Plan shall be provided to the Division of Water Resources.

5. Wellhead Protection Program: Once the Wellhead Protection Plan has been approved by the Department, the PWS shall notify the governing county body and county/regional planning commission that a Wellhead Protection Program is in place and deliver copies of the Plan to such bodies. The PWS shall then implement the Plan and document progress. As a part of wellhead protection, the PWS shall maintain proper management of potential contaminant sources under its control and the proper construction of the spring or well and associated devices as specified in Design Criteria for Community Water Systems as developed under paragraph (3) of Rule 0400-45-01-.05 and in compliance with the provisions of the Water Well Act, T.C.A. § 69-11-106(10).

1. Field Measurements/Photographs: Category 2 systems are required to collect water level elevation data from area wells to determine local ground water flow directions, water table slope (hydrologic gradient) and local ground water recharge basins. Category 2 PWS's are also required to provide the same photographs specified for Category 1 in part (2)(a)1. of this rule.

2. Area Delineation: The minimum Zone 1 area for Category 2 shall be set as a 500 foot radius of the well or spring.

3. Contaminant Source Inventory: Category 2 PWS are required to perform a potential contaminant source inventory within the Zones 1 and 2 as further specified in part (a)3. of this paragraph. The Wellhead Protection Plan should establish procedures to eliminate or minimize the risk to the PWS from potential contamination sources.

4. Wellhead Protection Plan:

5. Wellhead Protection Program: Once the Wellhead Protection Plan has been approved by the Department, the PWS shall notify the governing county body and county/regional planning commission that a Wellhead Protection Program is in place and deliver copies of the Plan to such bodies. If the Wellhead Protection Zones cross county lines, that adjacent county must be notified. The PWS shall then implement the Plan and document progress. As a part of wellhead protection, the PWS shall maintain proper management of potential contaminant sources under its control. The PWS shall request that it be allowed to review and comment on land management issues in Zones 1 and 2 which may impact the ground water quality from all appropriate local governing bodies.

1. Field Measurements/Photographs: Category 3 systems are required to collect water level elevation data from area wells to determine local ground water flow directions, water table slope (hydrologic gradient) and local ground water recharge basins. This information shall be used by the PWS to generate a model of the wellhead protection area. Category 3 PWS are required to provide the same photographs as set forth for Category 1 in part (a)1. of this paragraph. In addition, Category 3 PWS are required to provide aerial photographs of the well/wellfield or spring for Zones 1 and 2.

2. Area Delineation: The minimum Wellhead Protection Zone for Category 3 shall be set as a 750 foot radius of the well or spring.

3. Contaminant Source Inventory: Category 3 PWS are required to perform a potential contaminant source inventory within the Wellhead Management (Zone 2) and Wellhead Protection Zones (Zone 1) as set forth in part (a)3. of this paragraph. The Wellhead Protection Plan should establish procedures to eliminate or minimize the risk to the PWS from potential contamination sources.

4. Wellhead Protection Plan:

5. Wellhead Protection Program: Once the Wellhead Protection Plan has been approved by the Department, the PWS shall notify the governing county body and county/regional planning commission that a Wellhead Protection Program is in place and deliver copies of the Plan to such bodies. If the Wellhead Protection Zones cross county lines, that adjacent county must be notified. The PWS shall then implement the Plan and document progress. As a part of wellhead protection, the PWS shall maintain proper management of potential contaminant sources under its control. The PWS shall request that it be allowed to review and comment on land management issues in Zones 1 and 2 which may impact the ground water quality from all appropriate local governing bodies.

1. Field Measurements/Photographs: Category 4 systems are required to collect water level elevation data from area wells to determine local ground water flow directions, water table slope (hydrologic gradient) and local ground water recharge basins. Category 4 PWS are required to provide the same photographs as set forth for Category 1 in part (a)1. of this paragraph. In addition, Category 4 PWS are required to provide aerial photographs of the well/wellfield or spring for Zones 1 and 2.

2. Area Delineation: The minimum Zone 1 area for Category 4 PWS shall be set as a 750 foot radius of the well or spring.

3. Contaminant Source Inventory: Category 4 PWS are required to perform a potential contaminant source inventory within the Wellhead Management (Zone 2) and Wellhead Protection Zones (Zone 1) as set forth in part (a)3. of this paragraph. The plan should establish procedures to eliminate or minimize the risk to the PWS from potential contaminant sources.

4. Wellhead Protection Plan:

5. Wellhead Protection Program: Once the Wellhead Protection Plan has been approved by the Department, the PWS shall notify the governing county body and county/regional planning commission that a Wellhead Protection Program is in place and deliver copies of the Plan to such bodies. If the Wellhead Protection Zones cross county lines, that adjacent county must be notified. The PWS shall then implement the Plan and document progress. As a part of wellhead protection, the PWS shall maintain proper management of potential contaminant sources under its control. The PWS shall request that it be allowed to review and comment on land management issues in Zones 1 and 2 which may impact the ground water quality from all appropriate local governing bodies.

1. For a ground water source, the PER must include significant potential contaminant sources within a one-mile radius. The PWS shall submit the PER with the Engineering Plans and Specification to the Department for approval. After a new ground water source is constructed, a Wellhead Protection Plan shall be developed pursuant to these rules. The PWS shall implement the Wellhead Protection Plan within twelve (12) months of completion of construction of the new source.

New ground water supply sources shall have source approvals in writing by the Department prior to initiation of operation as a public water supply source. An existing water system that was previously not designated as a public water system shall have sixty (60) days upon notification of the determination as a public water system to submit source approval documentation for the Department's review. Source approvals shall include a one-mile radius inventory of significant potential contaminant sources for Category 2, 3 and 4 ground water supplies.

2. For a surface water source, the PER must include significant potential contaminant sources within the Critical Source Water Protection Zone five miles upstream of the surface water source and tributaries to that stream as well as an inventory of wastewater and stormwater discharges permitted by the Department within Zone A of the Source Water Management Zone, which is five to fifteen miles upstream of the surface water source and tributaries to that stream. The PWS shall submit the PER with the Engineering Plans and Specification to the Department for approval. After a new surface water source is developed, the PWS shall establish and maintain a potential contaminant source inventory and the source water provisions of the emergency operations plan. The potential contaminant source inventory and the source water protection provisions of the emergency operations plan shall be submitted to the Department within twelve (12) months of completion of construction of the new source. Each PWS shall notify the governing county body and county/regional planning commission in writing of the intake, critical source water protection zone and source water management zone in parts (1)(d)4. and 8. of this rule, per the Tennessee Safe Drinking Water Act, T.C.A. §§ 68-221-701 et seq.

New surface water supply sources shall have source approvals in writing by the Department prior to initiation of operation as a public water supply source. An existing water system that was previously not designated as a public water system shall have sixty (60) days upon notification of the determination as a public water system to submit source approval documentation for the Department's review. Surface water intake inventories shall include significant potential contaminant sources within the Critical Source Water Protection Zone and an inventory of wastewater and stormwater discharges permitted by the Department within Zone A of the Source Water Management Zone.

1. Public Water Systems Using a Ground Water Source

A PWS using a ground water source shall consider potential contamination sources in determining the location of the new source. The PER shall include a list of significant potential contamination sources within the potential Zone 1 area for new ground water sources. Additionally, the PWS will work with appropriate local governing bodies to limit the future location of any potential contamination source or activity within Zone 1.

2. Public Water Systems Using a Surface Water Source

A PWS using a surface water source shall consider potential contamination sources in determining the location of the new source. The PER shall include a list of significant potential contamination sources within the Critical Source Water Protection Zone. Additionally, the PWS will work with appropriate local governing bodies to limit the future location of any potential contamination source or activity within the Critical Source Water Protection Zone.

1. Owners or operators of facilities or properties with potential or actual contaminant sources within close proximity to a public water supply intake, well or spring or its source water protection area so as to cause a threat to the water supply may be required by the Department to develop and implement a pollution prevention plan or implement best management practices appropriate for the activity. The pollution prevention plan shall be prepared in accordance with good engineering practices and shall identify potential sources of contamination at the facility that may reasonably be expected to affect the water quality. The plan shall be updated annually and submitted to the Department at no more than 3 year intervals. The plan shall describe and ensure implementation of practices including, but not limited to: diking, liners, covering, containment, relocation of the contaminant source or other actions that are to be used to reduce the likelihood of the contaminants entering the drinking water source. A copy of the pollution prevention plan shall be maintained onsite. A pollution prevention plan developed as a part of storm water management activities under Rule 1200-04-10-.04, T.C.A. §§ 69-3-101 et seq. shall be considered as fulfilling this requirement provided that potential ground water contaminant sources are also addressed within the plan.

2. The Department may require onsite or offsite water quality monitoring, removal or remediation of the contaminant source by the property owner or other responsible party for contaminant sources within source water protection areas which have caused contamination of the ground water or surface water at levels that have adversely impacted the public water source to the point that additional monitoring and treatment are required for the public water system. Sites undergoing active investigation pursuant to remediation under the Hazardous Waste Management Act Parts 1 and 2, T.C.A. §§ 68-212-101 et seq. and §§ 68-212-201 et seq., respectively or the Voluntary Cleanup, Oversight and Assistance Program Act, T.C.A. § 68-212-224 shall be considered as fulfilling this requirement for remediation activities to protect the impacted public water system.

3. Abandoned wells within wellhead protection areas which are a potential threat to contamination of the public water supply shall be properly plugged and closed in compliance with provisions in the Water Well Act, T.C.A. § 69-11-106(11) by the property owner or other responsible party. A well that has not been in use for a period of more than two (2) years shall be considered abandoned unless the owner of the well can demonstrate a need for the well and provide adequate protection to ensure the well will not be a discharge point for contamination. Wells used for the regular, ongoing, collection of water-levels, water-quality, or other scientific measurements are not abandoned, but are considered observation wells. Observation wells must be properly maintained and have adequate protection to prevent their becoming a route for contamination.

1. New water withdrawal sources within source water protection areas, including those that are required to register under the Water Resources Information Act, T.C.A. § 69-8-103, shall be required to demonstrate through modeling, testing or other hydrologic means that the public water supply will not be adversely impacted by the withdrawal. Existing water withdrawal sources within source water protection areas, including those that are required to register under the Water Resources Information Act may be required to perform modeling, testing or other hydrologic investigations to determine any adverse impact on a specific public water supply.