
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300h-6]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
       Part C--Protection of Underground Sources of Drinking Water
 
Sec. 300h-6. Sole source aquifer demonstration program


(a) Purpose

    The purpose of this section is to establish procedures for 
development, implementation, and assessment of demonstration programs 
designed to protect critical aquifer protection areas located within 
areas designated as sole or principal source aquifers under section 
300h-3(e) of this title.

(b) ``Critical aquifer protection area'' defined

    For purposes of this section, the term ``critical aquifer protection 
area'' means either of the following:
        (1) All or part of an area located within an area for which an 
    application or designation as a sole or principal source aquifer 
    pursuant to section 300h-3(e) of this title, has been submitted and 
    approved by the Administrator and which satisfies the criteria 
    established by the Administrator under subsection (d) of this 
    section.
        (2) All or part of an area which is within an aquifer designated 
    as a sole source aquifer as of June 19, 1986, and for which an 
    areawide ground water quality protection plan has been approved 
    under section 208 of the Clean Water Act [33 U.S.C. 1288] prior to 
    June 19, 1986.

(c) Application

    Any State, municipal or local government or political subdivision 
thereof or any planning entity (including any interstate regional 
planning entity) that identifies a critical aquifer protection area over 
which it has authority or jurisdiction may apply to the Administrator 
for the selection of such area for a demonstration program under this 
section. Any applicant shall consult with other government or planning 
entities with authority or jurisdiction in such area prior to 
application. Applicants, other than the Governor, shall submit the 
application for a demonstration program jointly with the Governor.

(d) Criteria

    Not later than 1 year after June 19, 1986, the Administrator shall, 
by rule, establish criteria for identifying critical aquifer protection 
areas under this section. In establishing such criteria, the 
Administrator shall consider each of the following:
        (1) The vulnerability of the aquifer to contamination due to 
    hydrogeologic characteristics.
        (2) The number of persons or the proportion of population using 
    the ground water as a drinking water source.
        (3) The economic, social and environmental benefits that would 
    result to the area from maintenance of ground water of high quality.
        (4) The economic, social and environmental costs that would 
    result from degradation of the quality of the ground water.

(e) Contents of application

    An application submitted to the Administrator by any applicant for a 
demonstration program under this section shall meet each of the 
following requirements:
        (1) The application shall propose boundaries for the critical 
    aquifer protection area within its jurisdiction.
        (2) The application shall designate or, if necessary, establish 
    a planning entity (which shall be a public agency and which shall 
    include representation of elected local and State governmental 
    officials) to develop a comprehensive management plan (hereinafter 
    in this section referred to as the ``plan'') for the critical 
    protection area. Where a local government planning agency exists 
    with adequate authority to carry out this section with respect to 
    any proposed critical protection area, such agency shall be 
    designated as the planning entity.
        (3) The application shall establish procedures for public 
    participation in the development of the plan, for review, approval, 
    and adoption of the plan, and for assistance to municipalities and 
    other public agencies with authority under State law to implement 
    the plan.
        (4) The application shall include a hydrogeologic assessment of 
    surface and ground water resources within the critical protection 
    area.
        (5) The application shall include a comprehensive management 
    plan for the proposed protection area.
        (6) The application shall include the measures and schedule 
    proposed for implementation of such plan.

(f) Comprehensive plan

    (1) The objective of a comprehensive management plan submitted by an 
applicant under this section shall be to maintain the quality of the 
ground water in the critical protection area in a manner reasonably 
expected to protect human health, the environment and ground water 
resources. In order to achieve such objective, the plan may be designed 
to maintain, to the maximum extent possible, the natural vegetative and 
hydrogeological conditions. Each of the following elements shall be 
included in such a protection plan:
        (A) A map showing the detailed boundary of the critical 
    protection area.
        (B) An identification of existing and potential point and 
    nonpoint sources of ground water degradation.
        (C) An assessment of the relationship between activities on the 
    land surface and ground water quality.
        (D) Specific actions and management practices to be implemented 
    in the critical protection area to prevent adverse impacts on ground 
    water quality.
        (E) Identification of authority adequate to implement the plan, 
    estimates of program costs, and sources of State matching funds.

    (2) Such plan may also include the following:
        (A) A determination of the quality of the existing ground water 
    recharged through the special protection area and the natural 
    recharge capabilities of the special protection area watershed.
        (B) Requirements designed to maintain existing underground 
    drinking water quality or improve underground drinking water quality 
    if prevailing conditions fail to meet drinking water standards, 
    pursuant to this chapter and State law.
        (C) Limits on Federal, State, and local government, financially 
    assisted activities and projects which may contribute to degradation 
    of such ground water or any loss of natural surface and subsurface 
    infiltration of purification capability of the special protection 
    watershed.
        (D) A comprehensive statement of land use management including 
    emergency contingency planning as it pertains to the maintenance of 
    the quality of underground sources of drinking water or to the 
    improvement of such sources if necessary to meet drinking water 
    standards pursuant to this chapter and State law.
        (E) Actions in the special protection area which would avoid 
    adverse impacts on water quality, recharge capabilities, or both.
        (F) Consideration of specific techniques, which may include 
    clustering, transfer of development rights, and other innovative 
    measures sufficient to achieve the objectives of this section.
        (G) Consideration of the establishment of a State institution to 
    facilitate and assist funding a development transfer credit system.
        (H) A program for State and local implementation of the plan 
    described in this subsection in a manner that will insure the 
    continued, uniform, consistent protection of the critical protection 
    area in accord with the purposes of this section.
        (I) Pollution abatement measures, if appropriate.

(g) Plans under section 208 of Clean Water Act

    A plan approved before June 19, 1986, under section 208 of the Clean 
Water Act [33 U.S.C. 1288] to protect a sole source aquifer designated 
under section 300h-3(e) of this title shall be considered a 
comprehensive management plan for the purposes of this section.

(h) Consultation and hearings

    During the development of a comprehensive management plan under this 
section, the planning entity shall consult with, and consider the 
comments of, appropriate officials of any municipality and State or 
Federal agency which has jurisdiction over lands and waters within the 
special protection area, other concerned organizations and technical and 
citizen advisory committees. The planning entity shall conduct public 
hearings at places within the special protection area for the purpose of 
providing the opportunity to comment on any aspect of the plan.

(i) Approval or disapproval

    Within 120 days after receipt of an application under this section, 
the Administrator shall approve or disapprove the application. The 
approval or disapproval shall be based on a determination that the 
critical protection area satisfies the criteria established under 
subsection (d) of this section and that a demonstration program for the 
area would provide protection for ground water quality consistent with 
the objectives stated in subsection (f) of this section. The 
Administrator shall provide to the Governor a written explanation of the 
reasons for the disapproval of any such application. Any petitioner may 
modify and resubmit any application which is not approved. Upon approval 
of an application, the Administrator may enter into a cooperative 
agreement with the applicant to establish a demonstration program under 
this section.

(j) Grants and reimbursement

    Upon entering a cooperative agreement under subsection (i) of this 
section, the Administrator may provide to the applicant, on a matching 
basis, a grant of 50 per centum of the costs of implementing the plan 
established under this section. The Administrator may also reimburse the 
applicant of an approved plan up to 50 per centum of the costs of 
developing such plan, except for plans approved under section 208 of the 
Clean Water Act [33 U.S.C. 1288]. The total amount of grants under this 
section for any one aquifer, designated under section 300h-3(e) of this 
title, shall not exceed $4,000,000 in any one fiscal year.

(k) Activities funded under other law

    No funds authorized under this section may be used to fund 
activities funded under other sections of this chapter or the Clean 
Water Act [33 U.S.C. 1251 et seq.], the Solid Waste Disposal Act [42 
U.S.C. 6901 et seq.], the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 [42 U.S.C. 9601 et seq.] or 
other environmental laws.

(l) Savings provision

    Nothing under this section shall be construed to amend, supersede or 
abrogate rights to quantities of water which have been established by 
interstate water compacts, Supreme Court decrees, or State water laws; 
or any requirement imposed or right provided under any Federal or State 
environmental or public health statute.

(m) Authorization of appropriations

    There are authorized to be appropriated to carry out this section 
not more than the following amounts:


                      Fiscal year:                            Amount

    1987................................................   $10,000,000
    1988................................................    15,000,000
    1989................................................    17,500,000
    1990................................................    17,500,000
    1991................................................    17,500,000
    1992-2003...........................................     15,000,000.


Matching grants under this section may also be used to implement or 
update any water quality management plan for a sole or principal source 
aquifer approved (before June 19, 1986) by the Administrator under 
section 208 of the Federal Water Pollution Control Act [33 U.S.C. 1288].

(July 1, 1944, ch. 373, title XIV, Sec. 1427, as added and amended Pub. 
L. 99-339, title II, Sec. 203, title III, Sec. 301(f), June 19, 1986, 
100 Stat. 657, 664; Pub. L. 104-66, title II, Sec. 2021(g), Dec. 21, 
1995, 109 Stat. 727; Pub. L. 104-182, title I, Sec. 120(a), title V, 
Sec. 501(b)(2), (f)(3), Aug. 6, 1996, 110 Stat. 1650, 1691.)

                       References in Text

    The Clean Water Act, referred to in subsec. (k), is act June 30, 
1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 
1972, 86 Stat. 816, also known as the Federal Water Pollution Control 
Act, which is classified generally to chapter 26 (Sec. 1251 et seq.) of 
Title 33, Navigation and Navigable Waters. For complete classification 
of this Act to the Code, see Short Title note set out under section 1251 
of Title 33 and Tables.
    The Solid Waste Disposal Act, referred to in subsec. (k), is title 
II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally 
by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is 
classified generally to chapter 82 (Sec. 6901 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 6901 of this title and Tables.
    The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, referred to in subsec. (k), is Pub. L. 96-510, 
Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified 
principally to chapter 103 (Sec. 9601 et seq.) of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 9601 of this title and Tables.


                               Amendments

    1996--Pub. L. 104-182, Sec. 501(f)(3), made technical amendment to 
section catchline and subsec. (a) designation.
    Subsec. (b)(1). Pub. L. 104-182, Sec. 120(a)(1), struck out ``not 
later than 24 months after June 19, 1986,'' after ``by the 
Administrator''.
    Subsec. (k). Pub. L. 104-182, Sec. 501(b)(2), substituted ``this 
section'' for ``this subsection''.
    Subsec. (m). Pub. L. 104-182, Sec. 120(a)(2), inserted table item 
relating to fiscal years 1992 through 2003.
    1995--Subsecs. (l) to (n). Pub. L. 104-66 redesignated subsecs. (m) 
and (n) as (l) and (m), respectively, and struck out heading and text of 
former subsec. (l). Text read as follows: ``Not later than December 31, 
1989, each State shall submit to the Administrator a report assessing 
the impact of the program on ground water quality and identifying those 
measures found to be effective in protecting ground water resources. No 
later than September 30, 1990, the Administrator shall submit to 
Congress a report summarizing the State reports, and assessing the 
accomplishments of the sole source aquifer demonstration program 
including an identification of protection methods found to be most 
effective and recommendations for their application to protect ground 
water resources from contamination whenever necessary.''
    1986--Subsec. (n). Pub. L. 99-339 added subsec. (n).

                  Section Referred to in Other Sections

    This section is referred to in section 300j-14 of this title.
