Amends the Safe Drinking Water Act ("the Act") to provide for protection of aquifers which are the sole or principal source of drinking water for public water systems by establishing a program for protection of critical ground water recharge areas.
Authorizes municipalities within a sole or principal source area to petition the Governor of the State to designate a part of such area as a "special protection area." Requires that the petition propose boundaries for the special protection area and make certain evaluations.
Directs the Governor to approve or disapprove the petition, based on a consideration of specified criteria, within 180 days after receipt. Requires the Governor, upon approving the petition, to: (1) propose the boundaries of the special protection area; (2) designate or establish an entity to develop a comprehensive management plan; and (3) establish procedures for public participation in plan development, for plan review, approval, and adoption, and for assistance to municipalities and other public agencies for plan implementation. Directs the Governor to submit to the Administrator of the Environmental Protection Agency approved petitions and summaries of actions taken with respect to petitions.
Directs the Administrator, within 60 days after receipt, to approve or disapprove the petition on the basis of specified findings relating to the proposed boundaries and the planning entity's qualifications.
Authorizes the Administrator, upon approving the petition, to make a 50 percent matching grant to the State for the costs of preparing the petition and developing the plan.
Requires the plan to maintain the quality of the ground water recharged through the special protection area by maintenance, to the maximum extent possible, of the natural vegetative and hydrogeological conditions. Lists several requirements to be included in the plan.
Directs the Governor to approve or disapprove the plan. Requires the Governor to submit an approved plan to the Administrator.
Directs the Administrator, within 120 days after receipt, to approve the plan or to submit to the Governor the reasons for disapproving the plan. Allows the Governor to resubmit a plan.
Authorizes the Administrator, upon approving the plan, to make a 50 percent matching grant to the State for the costs of implementing the plan. Prohibits such grant from exceeding $20,000,000.
Authorizes appropriations: (1) for FY 1985 through 1987 for plan development; and (2) for FY 1986 through 1988 for matching grants for plan implementation.
Allows a public water system which relies on a principal or sole source aquifer designated under specified provisions of the Act to bring an action in the appropriate U.S. district court against any person causing or contributing to the presence of any contaminant in such aquifer if such system is required to: (1) treat drinking water derived from the aquifer in order to comply with national drinking water regulations under the Act; or (2) obtain alternative water supplies. Authorizes the court to issue an order requiring such person to: (1) abate such contamination; and/or (2) reimburse all or part of the costs of compliance with national drinking water regulations and/or the costs of obtaining alternative drinking water supplies. Authorizes the court to award litigation costs to the prevailing party.
Authorizes the Administrator (or any State with primary enforcement responsibility for public water systems under the Act) to issue an order requiring a person to provide adequate supplies of potable drinking water to the persons served by a public water system, if the Administrator (or such State) finds that: (1) such person has caused or contributed to the presence of any contaminant in any designated sole or principal source aquifer which supplies, or can reasonably be expected to supply, such public water system; and (2) the presence of such contaminant in such water system may adversely affect the health of persons unless such water is treated or alternative water supplies are provided. Permits any interested person to obtain judicial review of such an order issued by the Administrator (or the State) within 30 days after issuance of the order. Provides for civil penalties of not more than $5,000 per day of violation for violations of such orders.
Introduced in House
Introduced in House
Referred to House Committee on Energy and Commerce.
Referred to Subcommittee on Health and the Environment.
For Further Action See H.R.5959.
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