§300h–6 Sole Source Aquifer Demonstration Program

Summary

Creates a program to set up, run, and test projects that protect important underground drinking water areas inside places already listed as sole or principal source aquifers. A "critical aquifer protection area" means either part of an area that has been applied for or approved as a sole or principal source aquifer and meets the Administrator’s rules, or part of an aquifer that was designated and had an approved Clean Water Act section 208 plan before June 19, 1986. States, local governments, or planning groups that have authority over a proposed area can apply, but they must talk with other officials first and, if not the Governor, apply together with the Governor. The Administrator must make rules within 1 year after June 19, 1986 that set criteria for choosing these areas. Those rules must look at how vulnerable the aquifer is, how many people depend on it for drinking water, the benefits of keeping the water clean, and the costs if it gets polluted. Applications must show area boundaries, name a public planning agency with elected local and State officials on it, explain public participation, include a study of surface and ground water, give a full management plan, and list actions and a schedule to carry out the plan. The plan’s goal is to keep the groundwater clean to protect health, the environment, and the resource. Required plan parts include a detailed map, sources of pollution, how land use affects groundwater, specific protection actions, who can enforce the plan, cost estimates, and sources of State matching funds. The plan may also include water quality tests, limits on projects that could harm recharge, land-use controls, special techniques like clustering or transfer of development rights, a State funding institution idea, and pollution cleanup steps. The Administrator must approve or deny an application within 120 days and explain any denial. If approved, the Administrator can make a cooperative agreement and may give matching grants covering 50% of implementation costs and reimburse up to 50% of plan development costs (not for plans approved under section 208). No more than $4,000,000 in grants may go to any one aquifer in a single fiscal year. Funds cannot pay for things already paid for under other federal environmental laws. Nothing here changes existing water rights under compacts, court decrees, or State law. Authorized appropriations are: 1987 $10,000,000; 1988 $15,000,000; 1989 $17,500,000; 1990 $17,500,000; 1991 $17,500,000; 1992–2003 $15,000,000. Matching grants may also be used to implement or update any water quality plan for a sole or principal source aquifer approved before June 19, 1986 under section 208.