Current through Bulletin 2024-18, September 15, 2024
(1) Before constructing a new groundwater
source of drinking water, each PWS shall develop a PER which demonstrates
whether the source meets the requirements of this section and submit it to DDW.
Additionally, engineering information in accordance with Subsection
R309-515-6(5)(a) or Subsection R309-515-7(4) must be submitted to DDW. The
Director will not grant plan approval until both source protection and
engineering requirements are met. Construction standards relating to protection
zones and management areas, including fencing, diversion channels, sewer line
construction, and grouting, are found in Rule R309-515. After the source is
constructed a DWSP Plan must be developed, submitted, and implemented
accordingly.
(2) Preliminary
Evaluation Report for New Sources of Drinking Water - PERs shall cover each of
the four zones or the entire management area. PERs should be developed in
accordance with the "Standard Report Format for New Wells and Springs." This
document may be obtained from DDW. PWSs shall include the following four
sections in each PER:
(a) Delineation Report
for Estimated DWSP Zones - The same requirements apply as in Subsection
R309-600-9(6), except that the hydrogeologic data for the PER must be developed
using the best available data which may be obtained from: surrounding wells,
published information, or surface geologic mapping. PWSs must use the Preferred
Delineation Procedure to delineate protection zones for new wells. The
Delineation Report for Estimated DWSP Zones shall be stamped and signed by a
professional geologist or professional engineer unless the Optional Two-Mile
Radius Delineation Procedure is used for a new spring.
(b) Inventory of Potential Contamination
Sources and Identification and Assessment of Controls - The same requirements
apply as in Subsections R309-600-10(1) and (2). Additionally, the PER must
demonstrate that the source meets the following requirements:
(i) Protection Areas Delineated using the
Preferred Delineation Procedure in Protected Aquifers - A PWS shall not locate
a new groundwater source of drinking water where an uncontrolled potential
contamination source or a pollution source exists within zone one.
(ii) Protection Areas Delineated using the
Preferred Delineation Procedure in Unprotected Aquifers - A PWS shall not
locate a new groundwater source of drinking water where an uncontrolled
potential contamination source or an uncontrolled pollution source exists
within zone one. Additionally, a new groundwater source of drinking water may
not be located where a pollution source exists within zone two unless the
pollution source implements design standards which prevent contaminated
discharges to groundwater.
(iii)
Management Areas Delineated using the Optional Two-Mile Radius Delineation
Procedure - A PWS shall not locate a new spring where an uncontrolled potential
contamination source or a pollution source exists within zone one.
Additionally, a new spring may not be located where a pollution source exists
within the management area unless: a hydrogeologic report in accordance with
Subsection R309-600-9(6)(b)(ii) which verifies that it does not impact the
spring; or the pollution source implements design standards which prevent
contaminated discharges to groundwater.
(c) Land Ownership Map - A land ownership map
which includes the entirety of land within zones one and two or the entire
management area. Additionally, include a list which exclusively identifies the
land owners in zones one and two or the management area, the parcels of land
which they own, and the zone in which they own land. A land ownership map and
list are not required if ordinances are used to protect these areas.
(d) Land Use Agreements, Letters of Intent,
or Zoning Ordinances - Land use agreements which meet the requirements of the
definition in Subsection R309-600-6(15). Zoning ordinances which are already in
effect or letters of intent may be substituted for land use agreements;
however, they must accomplish the same level of protection that is required in
a land use agreement. Letters of intent must be notarized, include the same
language that is required in land use agreements, and contain the statement
that "the owner agrees to record the land use agreement in the county
recorder's office, if the source proves to be an acceptable drinking water
source." The PWS shall not introduce a new source into its system until copies
of each applicable recorded land use agreements are submitted to DDW.
(3) Sewers Within DWSP Zone One -
A new groundwater source shall not be located where a sanitary sewer line,
sewer lateral, or sewer maintenance access exists within zone one unless the
criteria identified in Subsection R309-600-13(3)(a) or Subsection
R309-600-13(3)(b) are met. If sewer lines, sewer laterals, or sewer maintenance
access are located or planned to be located within zone one, the PER must
demonstrate that they comply with these criteria. Sewer lines that comply with
these criteria may be assessed as adequately controlled potential contamination
sources.
(a) Unprotected Aquifers - In zone
one, each sewer line, sewer lateral, and sewer maintenance access shall be
constructed in accordance with Subsection R309-515-6(4) and shall be at least
50 feet from the wellhead or margin of the collection area.
(b) Protected Aquifers - In zone one, each
sewer line, sewer lateral, and sewer maintenance access shall be constructed in
accordance with Subsection R309-515-6(4), and shall be at least 10 feet from
the wellhead or margin of the collection area.
(4) Use waivers for the VOC and pesticide
parameter groups may be issued if the inventory of potential contamination
sources indicates that the chemicals within these parameter groups are not
used, disposed of, stored, transported, or manufactured within zones one, two,
and three or the management area.
(5) Replacement Wells - A PER is not required
for proposed wells if the PWS receives written notification from the Director
that the well is classified as a replacement well. The PWS must submit a letter
requesting that the well be classified as a replacement well and include
documentation to show that the conditions required in Subsection R309-600-6(24)
are met. If a proposed well is classified as a replacement well, the PWS is
still required to submit and obtain written approval for any other information
as required in:
(a) DWSP Plan for New Sources
of Drinking Water, refer to Subsection R309-600-13(6); and
(b) the Outline of Well Approval Process,
refer to Subsection R309-515-6(5).
(6) DWSP Plan for New Sources of Drinking
Water - The PWS shall submit a DWSP Plan in accordance with Subsection
R309-600-7(1) for any new groundwater source of drinking water within one year
after the date of the Director's concurrence letter for the PER. In developing
this DWSP Plan, PWSs shall refine the information in the PER by applying any
new, as-constructed characteristics of the source, for example pumping rate and
aquifer test.
