§ 46-13.1-9. Wellhead protection. (a) The director is hereby authorized to promulgate rules and regulations for the implementation of a wellhead protection program for public water supply wells that has received approval from the federal Environmental Protection Agency pursuant to § 1428 of the Federal Safe Drinking Water Act, 42 U.S.C. § 300h-7, and provided that the state shall be responsible for fulfilling program requirements with respect to the state lands located within wellhead protection areas designated as supplying public wells which are owned by the state. The wellhead protection program shall include, but not be limited to:

(1) Identification of the rules and responsibilities of state agencies, local governments, and the suppliers of public water in the development and implementation of the state wellhead protection program;

(2) Identification within each wellhead protection area of potential sources of contaminants that may have an adverse effect on the public health and the environment;

(3) Management approaches at different levels of government and by the supplier to protect the groundwater within each wellhead protection area;

(4) Contingency plans for the response to well or wellfield contamination and for the provision of alternate drinking water supplies;

(5) A process of managing potential sources of contamination within 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 that municipalities and suppliers carry out action to implement subdivisions (3) through (5) in subsection (a) of this section. In the case of agricultural operations as defined in § 2-23-4, the director will retain authority and responsibility for regulating, managing, and implementing approaches in wellhead protection areas.

History of Section. (P.L. 1990, ch. 320, § 6; P.L. 1995, ch. 149, § 2.)