CHAPTER 7 STATE CONSTRAINTS ON CONTAMINATION OF GROUND WATER

• Jurisdiction: United States

Ground Water Contamination
(May 1991)
CHAPTER 7
STATE CONSTRAINTS ON CONTAMINATION OF GROUND WATER
Fred G Nelson
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.

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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...