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GeoInsighter
Fall/Winter
2004 Newsletter
Aquifer Protection Through
Land Use Controls Return to the Newsletter
Index
In an ongoing effort to
protect and preserve the quality of drinking water of existing and
future supplies, states and municipalities in the northeast are
continuing to move toward stricter land use regulations. Regulations and
ordinances are being adopted to regulate and even restrict commercial
and industrial development and expansion activities. The commercial /
industrial sector and commercial real estate will be directly impacted
by stricter land use and aquifer protection requirements. Moderate to
high-risk activities that can cause ground water impacts will be under
added scrutiny.
Several states are in the process of passing legislation and developing
model ordinances. Aquifer
protection responsibilities are likely to be shared by state government,
municipalities, and water utilities. Municipal officials, local boards,
and commissions will be authorized to implement regulations at the
siting, building, and zoning level. States, municipalities, and water
companies may share the responsibility of completing land use
inventories and registration of existing regulated activities,
publishing model municipal ordinances, conducting wellhead protection
mapping and delineating aquifer protection areas for boundary zoning
mapping, and adapting land use regulations.
Land use activities that may be impacted, prohibited, or fall under
additional regulated oversight within aquifer protection areas include,
but are not limited to: waste disposal and handling facilities
(landfills, transfer stations, salvage / recycling, hazardous waste
treatment, storage and disposal facilities, non domestic or sanitary
water discharges), underground storage facilities (storage of hazardous
materials, wholesale chemical and petroleum product storage warehouses
and tank farms), industrial processing (use of hazardous chemicals),
commercial services (using and storing hazardous materials such as gas
stations, fleet garages, fuel oil dealers, dry cleaners, furniture
strippers, mixing of pesticides, and printers), regulated uses if
connected to municipal sewers (car washes, funeral homes, crematoriums,
laboratories, and photo finishing), earthwork (removal of earthwork to a
minimum depth of the historic high water table, except for the
excavations of foundations, or roads), farming and agriculture (storage
and application of animal manures, fertilizer, and pesticides), and
stockpiling and disposal of snow and ice containing deicing materials.
Regulations will directly impact potential new development and the
ability to expand existing facility operations. These regulations may
include siting controls and prohibitions on new high risk land use,
while placing registrations, permits, standards and best management
practices for hazardous material use and storage upon existing uses.
Alterations or expansions of existing operations may be prohibited or
require additional regulated permitting within identified aquifer
protection and buffer boundaries. Proposed added regulated activities to
existing facilities may be prohibited. Existing facilities that may
require additional registrations or permits may include facilities with
National Pollutant Discharge Elimination System permits; State Pollution
Discharge Elimination System (SPDES) permits; Resource Conservation and
Recovery Act Treatment, Storage and Disposal Facility permits; and
generators of hazardous waste.
Aquifer areas that may be affected by these regulations and ordinances
will be large capacity water supply wells that are typically within
stratified drift, a geologic formation consisting of sand and gravel. It
is these typically shallow aquifers that can be quickly impacted by
contaminates when released. Identification of areas, which contribute to
water supplies, the zone of influence, and buffer boundaries, will
dictate wellhead protection and identify areas to be impacted by these
land use regulations.
Wellhead protection areas are typically identified through delineation
of geologic formation and the pump testing of well fields to confirm the
zone of influence, the area that contributes water to the well. In New
England, areas of contribution can range from tens of acres to hundreds
of acres in size depending on the well yields, amount of sustainable
water, and aquifer characteristics.
Other actions that may be taken as a result of land use protection may
include education and incentive programs, mapping and protection of
future well fields, additional land acquisition wellhead protection,
guidelines and assistance to the commercial and industrial sector,
contaminate transportation studies, strategic monitoring regulations,
and stricter agricultural regulatory oversight.
Aquifer protection will continue to promote the health, safety, and
welfare of communities by providing and protecting clean water. The goal
of these programs will be to prevent temporary and permanent
contamination to the environment.
Prior to expansion of existing facilities or the siting of new
commercial / industrial activities, facilities, developers, and
municipal agencies need to be aware of existing and upcoming ordinances
and regulations. For additional information regarding existing and
proposed land use aquifer protection, state environmental protection
agencies, health departments, and water companies should be contacted.
Timothy O. Myjak, L.E.P.
tomyjak@geoinc.com Return to the Newsletter
Index
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