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IDAHO GROUND WATER QUALITY REGULATIONS AIC Water Re-Use Task Force By Ed Hagan, Idaho Dept. of Environmental Quality October 11, 2017 Boise, Idaho 1

IDAHO GROUND WATER QUALITY REGULATIONS · 2018-04-02 · IDAHO GROUND WATER QUALITY REGULATIONS AIC Water Re-Use Task Force By Ed Hagan, Idaho Dept. of Environmental Quality October

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IDAHO GROUND WATER QUALITY REGULATIONS

AIC Water Re-Use Task Force

By Ed Hagan, Idaho Dept. of Environmental Quality

October 11, 2017Boise, Idaho

1

IDEQ Ground Water Program

Conduct activities specifically authorized or required by statute, rule or agreement.

Ground Water

– Maintain and protect the existing high quality of the state’s ground water.

Source Water

– Protect surface water and ground water that is the source for public drinking water.

2

IDEQ Ground Water Program Responsibilities

3

Ground Water Quality Monitoring

Public Outreach & Technical Assistance

Rule Implementation

4

DEQ Authorities for Ground Water Protection

• Ground Water Quality Protection Act of 1989 (Title 39, Chapter 1, Sections 102, 120, 126)

– Now Environmental Protection and Health Act (Title 39, Chapter 1, Sections 39-101 through 39-130 Idaho Code) – 1991 -2000?

• Idaho Ground Water Quality Plan – 1992 & 1996

• Ground Water Quality Rule (IDAPA 58.01.11) -1996

Idaho Ground Water Quality Plan

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The Plan provides guidance and direction to state agencies, local governments, and citizens in preventing ground water contamination.

▪ Authorized by Ground Water Quality Protection Act of 1989

▪ Prepared by Ground Water Quality Council

▪ Approved by Legislature in 1992

▪ Agriculture portion added in 1996

6

Idaho Ground Water Quality Plan

Six Policy Categories, 22 policies, and 102 discrete implementation tasks

I. PROTECTION

a) Maintain & protect GW quality, b) Protect beneficial uses, c) GW categories, d) establish standards

II. PREVENTION

a) Prevent contamination to Max extent practical, b) Agricultural Chemical and Nutrients, c) Mining

III. PUBLIC EDUCATION

a) Provide education on GW, b) Conduct research on GW

7

Plan Components

Six Policy Categories, 22 policies, and 102 discrete implementation tasks

IV. GOVERNMENT INTERACTION/PUBLIC PARTICIPATION

a) Public participation in GW activities, b) Local/state govt. interaction, c) Local/state consistency, d) Federal consistency, e)Interstate/Interprovincial /Tribal agreements, f) Agency roles, g) State/Local/Federal Coordination

V. GROUND WATER QUALITY MONITORING/DATA INFORMATION SYSTEM

a) Statewide GW Monitoring Network, b) Regional & Local GW monitoring, c) Artificial Recharge, d) GW data standards, e) EDMS

VI. REMEDIATION OF CONTAMINATION

a) Remediation, b) Liability for Costs of Remediation

8

Plan Components – IV - VI

State Agency Roles

• Idaho Ground Water Quality Plan

– Identifies roles and responsibilities of state agencies most involved in ground water protection.

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10

Environmental Protection and Health Act

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Environmental Protection and Health Act

• Statute (Idaho Code 39-102)

• Goals contained in statute:

– Maintain existing ground water quality

– Protect existing and projected beneficial uses

• Drinking water, aquaculture, agriculture, industrial

– Restore degraded ground water where feasible

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Environmental Protection and Health Act

• Statute (Idaho Code 39-102)

– Contamination of ground water should be prevented to the maximum extent practical

– All persons in the state should conduct their activities so as to prevent the nonregulated release of contaminants into ground water

– Education of the citizens of the state is necessary to preserve and restore ground water quality

13

Environmental Protection and Health Act

• Statute (Idaho Code 39-126)

• Mandates ground water protection

– All state agencies shall incorporate the adopted ground water quality protection plan in the administration of their programs.

– Cities, counties and other political subdivisions of the state shall incorporate the ground water quality protection plan in their programs.

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Idaho Ground Water Quality RuleIDAPA 58.01.11

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Ground Water Quality Rule - Policies

• Protections and Prevention Sections of the Ground Water Quality Plan01. Ground Water Protection

02. Existing and Projected Future Beneficial Uses

03. Categorization of Ground Water

04. Ground Water Quality Standards

05. Prevention of Ground Water Contamination

06. Mining

16

Ground Water Quality Rule

• Main sections

–150 Implementation

–200 Ground Water Quality Standards

–300 – 350 Aquifer Categorization

–400 Ground Water Contamination

–401 Mining

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Section 150 - IMPLEMENTATION

01 -Ground Water Quality Standards are minimum levels of protection

02 - Three aquifer categories/ levels of protection

– Sensitive resource – Rathdrum Prairie

– General resource – all other ground water

– Other resource – none designated

03 – Ground Water-Surface Water Interaction

04 – Interagency Coordination

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Section 200 Ground Water Quality Standards

01. Numerical Standards– Primary and Secondary – Drinking Water standards

with a few exceptions (arsenic and uranium)

02. Narrative Standards– Allows for determination of standard for additional

chemicals

03. Natural Background Level» Arsenic

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Sections 300 -350Aquifer Categories

• 300 – Categorized Aquifers of the State

• 301 – Management of Activities with the Potential to Degrade Aquifers

• 350 – Procedures for Categorizing or Recategorizing Aquifers

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Section 400 Ground Water Contamination

01 – Releases Degrading Ground Water Quality

02 – Measures Taken in Response to Degradation

03 – Contamination Exceeding a Ground Water Quality Standard

04 – Agricultural Chemicals

05 – Site-Specific Ground Water Quality Levels or Points of Compliance

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Section 401 Mining

01 – Request for Setting Point(s) of Compliance and Standards Applicable to Mining Activities

02 – Application Process

03 – Setting Point(s) of Compliance

04 – Ground Water Monitoring and Reporting

05 – Coordination with Other State of Federal Agencies/Public Notice

06 – Limitations

07 – Application of Provisions

08 – Change in Point(s) of Compliance/Ground Water Monitoring

22

Managed Aquifer Recharge

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• Authorities

– Ground Water Quality Plan - State Policy

– Ground Water Quality Rule – IDAPA 58.01.11

– Wastewater Rule – IDAPA 58.01.16.600

– DEQ Recharge Guidance

Managed Aquifer Recharge

C. “The policy of the state of Idaho is that any program designed specifically for the artificial recharge of ground water, existing or proposed, be consistent with the policies and management objectives for water quality and quantity.”

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Policy V-C - Artificial Recharge of Ground Water

• Policy V-C was adopted because “artificial recharge has the potential to significantly impact the quality of ground water.”

• DEQ is directed to work cooperatively with other state agencies to:

– Develop guidelines,

– Develop management practices, and

– Develop rules to insure that artificial ground water recharge projects comply with the Ground Water Quality Plan (1992).

Managed Recharge

Water Quality Standards and Wastewater Treatment Requirements

Land Application of Wastewater or Recharge Waters

Section 600. Five subsections: 02-04 apply to wastewater and recharge water

01. Land Application rules for wastewater, not required for recharge

02. Restrict water to premises

03. Hazards or Nuisances Prohibited

04. Monitoring – ground water quality

05. Site evaluation

DEQ approval of GW monitoring plan is required.

Reuse - Recharge

• Wastewater Reuse –

– Class A Wastewater can be used for ground water recharge

– Disinfection - 5 log Removal for Viruses

– 1000 feet from Drinking Water Well

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Summary

• Ground water quality is regulated by states.

• All persons should prevent contamination of ground water (Title 39-102).

• All government entities should incorporate ground water quality protection plan in the administration of their programs (39-126).

• Many agencies have responsibility for protecting Idaho’s ground water quality.