CHAPTER 7 STATE CONSTRAINTS ON CONTAMINATION OF GROUND WATER
Jurisdiction | United States |
(May 1991)
STATE CONSTRAINTS ON CONTAMINATION OF GROUND WATER
Assistant Attorney General, Utah
Salt Lake City, Utah
Rocky Mountain Mineral Law Foundation
Institute on Ground Water Contamination
Outline — Panel Discussion
I. Utah State Groundwater Rules
A. Statutory Authority
Utah Water Pollution Control Act — Utah Code Annotated (UCA) §26-11-01 et seq.
UCA §26-11-6 defines the powers of the Utah Water Pollution Control Committee which include the authority to:
(1) Develop programs for the prevention, control and abatement of new or existing pollution of the waters of the state.
(2) Promulgate standards of quality of the waters of the state and classify such waters according to their reasonable uses.
(3) Promulgate rules governing water pollution including effluent limitations and standards.
The definition of "waters of the state" means "all streams, lakes, ponds, marshes, water courses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground... (UCA § 26-11-2(17) ). UCA § 26-11-8 and UCA § 26-11-11 provide authority for a) issuance of construction and discharge permits and b) establishing classifications for waters of the state which would include groundwater.
[Page 7-2]
B. Ground Water Quality Protection Rules
Pursuant to its statutory authority, the Utah Water Pollution Control Committee promulgated Utah Administrative Code, R448-6 (copy attached as Appendix A). The rules contain five major sections: 1. Ground water quality standards, 2. Ground water classification, 3. Protection levels, 4. Ground water classification procedures, and 5. Ground water discharge permit system.
(1) Ground Water Quality Standards — The standards are based on the maximum contaminant levels (MCLs) established for drinking water under the federal Safe Drinking Water Act. The MCLs do not define the acceptable level of contamination, but are a baseline from which numerical criteria are developed and used in writing permits and determining compliance with the rules.
(2) Ground Water Classes — The system uses background levels of total dissolved solids (TDS) and absence of contaminants in excess of the standards, to classify ground waters of the state as follows: Class IA-Pristine (less than 500 mg/1); IB-Irreplaceable; IC-Ecologically Important; II-Drinking Water Quality (500 to 3,000 mg/1); III-Limited Use...
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- Ground Water Contamination (FNREL)
- TABLE OF CONTENTS
- CHAPTER 1 OVERVIEW OF GROUNDWATER CONTAMINATION AND BASIC CONCEPTS OF WATER LAW
- CHAPTER 2 FEDERAL LAW GOVERNING GROUND WATER PROTECTION AND REMEDIATION
- CHAPTER 3 GROUND WATER FLOW AND CONTAMINANT MIGRATION
- CHAPTER 4 TOWARDS MORE EFFICIENT GROUNDWATER REMEDIATION
- CHAPTER 5 TECHNICAL METHODS OF REMEDIATION AND PREVENTION OF GROUND WATER CONTAMINATION
- CHAPTER 6 LIABILITY FOR GROUND WATER CONTAMINATION
- CHAPTER 7 STATE CONSTRAINTS ON CONTAMINATION OF GROUND WATER
- CHAPTER 8 STATE CONSTRAINTS ON CONTAMINATION OF GROUND WATER IN ARIZONA
- CHAPTER 9 PROTECTION OF GROUND WATER IN NEVADA FROM IMPACTS BY MINING
- CHAPTER 10 COLORADO REGULATIONS
- CHAPTER 11 WATER RIGHTS CONSIDERATIONS AND THE TENSION BETWEEN WATER QUANTITY AND WATER QUALITY
- CHAPTER 12 PREVENTION OF USE OF CONTAMINATED GROUND WATER
- CHAPTER 13 CONSIDERATIONS IN RESPONDING TO HAZARDOUS WASTE REMEDIATION OBLIGATIONS
- CHAPTER 14 GROUND WATER CONTAMINATION, EXTRACTION, AND INJECTION ISSUES AFFECTING THE OIL AND GAS INDUSTRY
- CHAPTER 15 GROUNDWATER ISSUES AFFECTING THE MINING AND MILLING INDUSTRIES
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