§ 46-13.1-9 - Wellhead protection.
SECTION 46-13.1-9
§ 46-13.1-9 Wellhead protection. –(a) The director is hereby authorized to promulgate rules and regulations forthe implementation of a wellhead protection program for public water supplywells that has received approval from the federal Environmental ProtectionAgency pursuant to § 1428 of the Federal Safe Drinking Water Act, 42U.S.C. § 300h-7, and provided that the state shall be responsible forfulfilling program requirements with respect to the state lands located withinwellhead protection areas designated as supplying public wells which are ownedby the state. The wellhead protection program shall include, but not be limitedto:
(1) Identification of the rules and responsibilities of stateagencies, local governments, and the suppliers of public water in thedevelopment and implementation of the state wellhead protection program;
(2) Identification within each wellhead protection area ofpotential sources of contaminants that may have an adverse effect on the publichealth and the environment;
(3) Management approaches at different levels of governmentand by the supplier to protect the groundwater within each wellhead protectionarea;
(4) Contingency plans for the response to well or wellfieldcontamination and for the provision of alternate drinking water supplies;
(5) A process of managing potential sources of contaminationwithin the expected wellhead protection area of new public water supply wells;
(6) Delineation of wellhead protection areas.
(b) The director is authorized to require by regulation thatmunicipalities and suppliers carry out action to implement subdivisions (3)through (5) in subsection (a) of this section. In the case of agriculturaloperations as defined in § 2-23-4, the director will retain authority andresponsibility for regulating, managing, and implementing approaches inwellhead protection areas.