Wellhead Protection: General Policies
(1)It is the policy of the state to promote the protection of the quality of the groundwater resource from contamination by encouraging public water systems and/or governmental entities to voluntarily develop local Wellhead Protection Plans to protect the groundwater resources which a Public Water System relies upon for its drinking water.
(2)A certified Wellhead Protection Plan will be recognized as meeting the Wellhead Protection requirements under the Federal Safe Drinking Water Act (1986), Section 1428 (42 USC 300F to 300J–26).
(3)The Department will coordinate and work cooperatively with the Health Division, Department of Agriculture, Water Resources Department, Department of Land Conservation and Development, and other governmental entities to promote the voluntary development of Wellhead Protection Plans.
(4)Other state rules may apply and may or may not pertain to the delineated Wellhead Protection Area, including but not limited to the rules of those agencies listed in section (3) of this rule.
(5)The Department will, within available resources, provide information and technical assistance to local Wellhead Protection Teams and other interested parties in the development of their Wellhead Protection Plans.
(6)All Responsible Management Authorities who have jurisdiction within a Wellhead Protection Area are encouraged to work together to develop a Plan to manage those activities that may have the potential to contaminate groundwater within that Wellhead Protection Area.
(7)Implementation of a Wellhead Protection Plan shall rely upon existing enforcement capabilities of the Responsible Management Authorities within the delineated Wellhead Protection Area. Nothing in these rules will modify or change existing authorities or requirements put in place through other statutes or rules.
(8)The Department shall maintain guidance material to assist Responsible Management Authorities and Wellhead Protection Teams in the development of a state certifiable Wellhead Protection Plan. This material is intended solely to provide information and assistance in identifying strategies for developing a Wellhead Protection Plan. The guidance material provides examples of how a protection plan could be developed to meet the requirements of these rules to gain Department certification as a Wellhead Protection Plan. It does not contain mandatory standards or other legal requirements nor does it include binding statements or interpretations of law or agency policy.
Rule 340-040-0160 — Wellhead Protection: General Policies,