Effective 28 Aug 1989
640.418. Special water protection area, procedure to establish. — 1. The department may establish special water quality protection areas where it finds a contaminant in a public water system in concentration which exceeds a maximum contaminant level established by the environmental protection agency pursuant to the Safe Drinking Water Act, as amended, or a maximum contaminant level established by the department pursuant to this chapter or sections 640.400 to 640.435 or a contaminant in surface or groundwater which exceeds water quality standards established pursuant to chapter 644, which presents a threat to public health or the environment. In making such a determination, the department shall consider the probable effect of the contaminant or contaminants on human health and the environment, the probable duration of the elevated levels of the contaminant, the quality, quantity and probable uses of surface or groundwater within the area, and whether protective measures are likely to prevent, mitigate or minimize the level of the contaminant in the surface or groundwater.
2. If the department determines that a special water quality protection area should be established, it shall consult with the interagency task force and with the public water system or systems affected and determine the boundaries of such area. When the boundaries of any such areas have been determined, the department shall, after a public hearing, issue an order designating the area as a special water quality protection area. Such an order shall include a geographic, hydrologic and stratigraphic definition of the area.
3. The department shall hold a public hearing or a public meeting within the area under consideration for designation as a special water quality protection area. The department shall notify every city and county within the proposed area and shall notify the public by press release and by publication of a notice in a newspaper of general circulation in the region.
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(L. 1989 S.B. 112, et al. § 7)
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