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Safe Drinking Water Act (“SDWA”)

Safe Drinking Water Act (“SDWA”). Compare CWA & SDWA. Where Does My Drinking Water Come From?. 53% from groundwater individual wells community wells 47% from surface water river lakes reservoirs. Hydrologic Cycle. Evapotranspiration. Pumping Well. Precipitation. Road with

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Safe Drinking Water Act (“SDWA”)

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  1. Safe Drinking Water Act (“SDWA”)

  2. Compare CWA & SDWA

  3. Where Does My Drinking Water Come From? • 53% from groundwater • individual wells • community wells • 47% from surface water • river • lakes • reservoirs

  4. Hydrologic Cycle Evapotranspiration Pumping Well Precipitation Road with Catchbasin Septic System Recharge Stream Aquifer Ground Water / Surface Water Interaction

  5. More about ground water

  6. Sources of Drinking Water • Surface water • Ground water • Ground water under the direct influence of surface water • Desalinated sea water • Rain water

  7. The Drinking Water Cycle Homes or Businesses Source (aquifer, lake, etc.) Water System Distribution System Sewer Lines Septic System Wastewater Plant Infiltration Discharge

  8. •••• Pathways of Contamination

  9. Topics • General Approach of SDWA • Standards • Public Disclosure

  10. Protecting Drinking Water • Historically responsibility of individual states • 1974 Congress passed Safe Drinking Water Act • SDWA amended again in 1986 and 1996

  11. History of Drinking Water Regulation First-known treatment EPA established Regulation as local health issue Early Federal involvement Early State regulations 1974-1996 Early1800’s Mid-1900s 300 BC Early 1900s 1970 Evolving Federal involvement SDWA and amendments enacted Early recognition of water-disease link

  12. Basic Approach of SDWA • Minimum national standards • Established by EPA • To protect citizens from • Harmful contaminants • In drinking water • Enforced and implemented by states

  13. Two Types of DW Standards • Primary • Health based • legally enforceable • form= Maximum Contaminant Levels (“MCL”) • Secondary • Cosmetic or aesthetic based • non-enforceable guideline

  14. Who Must Comply With Standards? • Public Water Systems • 15 or more service connections; or • serve 25 or more people for at least 60 days • Individual Wells • NOT regulated

  15. Transmission

  16. Four Step Process to Set Primary Standards • Identify list of water contaminants • Establish priorities from list • regulate 5/ monitor 30 every 5years • Set Maximum Contaminant Level Goal • “MCLG” • Finalize Maximum Contaminant Level • “MCL”

  17. MCLG and MCL • Maximum Contaminant Level Goal (“MCLG) • health based number with margin of safety • ignores limits of detection & technology • carcinogen = 0 • non-enforceable

  18. MCLG and MCL • Maximum Contaminant Level • MCL • Enforceable • Set as close to MCLG as feasible • technologically • economically

  19. MCL In Place • EPA has issued over 80 MCL’s • 170,000 public water systems in the United must test for these 80 contaminants • How many Systems are violating the MCL’s? • About 8% nationally

  20. Is Bottled Water Safer Than Tap Water? • EPA regulates tap water under SDWA • Food and Drug Administration regulates bottled water as a food product • Should meet same health standards • NSF International, an independent non-profit organization , certifies some brands of bottled drinking water

  21. Public Disclosure • Notification of Violations • PWS must notify customers of any MCL violation • Within 24 hrs if serious short term human health effects • Consumer Confidence Reports

  22. Consumer Confidence Reports • Added by 1996 amendments to SDWA • Required annually starting in 1999 • By mail, newspaper & Web [depending on size]

  23. Content of CCR • Source of Drinking Water • Susceptibility to contamination • Level of contamination • Likely source of contamination • Potential health effects

  24. Legal Options To Improve Drinking Water • SDWA provides Funding to improve systems • Citizen suit under SDWA is available • SDWA contains “imminent hazard” authority for EPA

  25. North Carolina GroundwaterStatutes & Regulations • Public Water Systems [SDWA] • Capacity Use & Interbasin Transfers • Water Resources Statute • GW Standards

  26. Water Resources StatuteBasic Approach • Groundwater Classification • Groundwater Quality Standards • Enforcement of the Standards

  27. Groundwater Classifications • Best Use = Drinking Water • GA [freshwater] • GSA [saltwater] • GC [contaminated]

  28. Groundwater Standards • Maximum Allowable Concentration • 80 Plus listed chemicals • “2L” standards • Non- Listed Chemicals • Not permitted above detection

  29. Groundwater EnforcementTwo Steps • Notification • Corrective Action

  30. Other NC Groundwater Statutes • Oil Pollution & Hazardous Substance Control Act [OPHSCA] • Underground Storage Tanks (UST) • NC Well Construction Act

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