GR O U N D W ATE R PROTECTION AND MANAGEMENT IN PENNSYLVAN I A

An Introductory Guide for Citizens and Local Offi c i a l s

Pre p a r ed by:

Robert Merideth Joy R. Drohan Charles W. Abdalla Joan R. Jessen Edith D. Stevens

June 2001 Th i r d Edition

League of Women Voters of Pennsylvania Citizen Education Fund Water Resources Education Network Proj e c t 226 Forster St. Ha r r i s b u r g, PA 17 1 0 2 Table of Contents

Ac k n o w l e d g m e n t s ...... ii i Introduction: Groundwater and Local Government ...... 1 The Threat of Contamination ...... 1 Take Action Before a Crisis Occurs...... 1 Chapter 1: Background Information: Groundwater and Its Contamination ...... 3 The Basics of Hydrog e o l o g y ...... 3 How Contamination Occurs ...... 7 Principal Sources of Contamination in Pennsylvania...... 7 After Contamination Occurs...... 9 Why Wat e r s h e d s ? ...... 12 Chapter 2: The Basics of Groundwater Protection for Local Governments ...... 13 A Five-Step Process for Groundwater Prot e c t i o n ...... 13 Involving the Community...... 13 Identifying Sources and Uses of Local Water Supplies and Defining the Groundwater Protection Are a s ...... 15 Information Source s ...... 16 Identifying Possible Contamination Source s ...... 18 Establishing Goals and Priorities ...... 18 Developing and Implementing a Management Plan ...... 18 Chapter 3: Groundwater Protection Tools for Pennsylvania’s Local Governments ...... 21 Planning Prog r a m s ...... 21 A.1 Planning Commission or Department ...... 21 A.2 Comprehensive Plan ...... 21 A.3 Official Map ...... 22 A.4 Sewage Facilities Management ...... 22 A.5 Storm Water Management...... 23 A.6 Source Water Assessment and Prot e c t i o n ...... 23 Subdivision Regulation ...... 26 B.1 Mandatory Dedication of Open Space ...... 26 B.2 Site Design Standards ...... 26 Zoning Regulation ...... 26 C.1 Conditional Uses and Special Exceptions ...... 26 C.2 Agricultural Zoning Districts ...... 27 C.3 Cluster (or Open Space) Zoning ...... 27 C.4 Planned Residential Development ...... 27 C.5 Wellhead and Aquifer Protection Districts...... 27 C.6 Performance Zoning...... 28 C.7 Transfer of Development Rights (TDR) ...... 28

i Other Regulatory Tec h n i q u e s ...... 30 D.1 Source Proh i b i t i o n s ...... 30 D.2 Well Construction Standards ...... 30 No n - r egulatory Prog r a m s ...... 30 E.1 Agricultural Security Are a s ...... 30 E.2 Land and Easement Purchases and Donations ...... 31 E.3 Environmental Advisory Councils ...... 32 E.4 Public Education ...... 32 E.5 Monitoring...... 32 E.6 Contingency Plans ...... 33 E.7 Household Hazardous Waste Collection ...... 34 Additional Considerations ...... 34 F.1 Intergovernmental Cooperation...... 34 F.2 Financing Options ...... 36 Appendices A. The Legal Basis for Groundwater Protection in Pennsylvania ...... 39 B. Publications and Videos about Groundwater and Groundwater Prot e c t i o n ...... 49 C. Gl o s s a r y ...... 55 D .S o u rces of Information and Help...... 56

ii Ac k n o w l e d g m e n t s

This booklet was first published in 1993 by the Pennsylvania Groundwater Policy Education Pr oject, a joint activity of Penn State Cooperative Extension and the League of Women Voters of Pennsylvania- Citizen Education Fund. The LWV P A-CEF Water Resources Education Network Pr oject, which publishes this third edition, grew out of the PA Gr oundwater Policy Education Pr oject. Financial support for this third printing comes from the Pennsylvania Department of En v i r onmental Protection. We are indebted to many people who have made important contributions to the prod u c t i o n of this document. Betty Conner of the League of Women Voters of Pennsylvania-Citizen Education Fund con- tributed an update of a section of the text and provided many helpful comments, leads, and advice during her reviews of the manuscript. Thanks to Jennifer Bandura, Bureau of Wat e r s h e d Management, Pennsylvania Department of Environmental Protection (DEP) for providing infor- mation and for reviewing the third edition. Stuart Reese, Bureau of Watershed Management, DE P , also reviewed part of this edition. We would like to thank Stanford Lembeck, Professor of Rural Sociology, Penn State, for his review and comments on an earlier draft of the text and for his analysis of the effects of the amendments to the Municipalities Planning Code on natural res o u r ces. In addition, we thank the various reviewers of the first edition of the guidebook: Pa t r i c k Bowling, Joseph Lee and James Ulanoski, Pennsylvania Department of Environ m e n t a l Pr otection; Dawna Yan n a c c i , Bureau of Topographic and Geologic Survey, Pennsylvania Depart- ment of Conservation and Natural Resources; Dale Long and Virginia Thompson, Grou n d w a t e r Pr otection Section, Region III, U.S. Environmental Protection Agency; Sean Conley, Environ m e n - tal Health Services, Allegheny County Health Department; Beth Marshall, League of Wom e n Voters of Pennsylvania; R. Winfield Smith, Marlborough Township, Montgomery County, PA; and Robert Crum, Ce n t r e Region Council of Governments.

ii i In t r o d u c t i o n

Groundwater and Local Government

Groundwater is a vital resource for many community groundwater supply wells Pennsylvania communities, whether it is used with volatile organic compounds for household water, industrial and commer- (VOCs) and manganese. Some VOCs cial uses, or agriculture. Groundwater con- are known or suspected to be carcino- tributes nearly 70 percent of the state’s water genic. The site is now in the Superfund resources. And Pennsylvanians increasingly program for cleanup of sites contami- depend on groundwater: groundwater nated with hazardous chemicals, and a resources are developed at three times the cleanup plan is in the works. rate of surface water. • The primary drinking water source for • About 4.5 million Pennsylvanians Abbottstown Borough, Adams County, (37 percent of the population) use was threatened when excavations at a groundwater from wells and springs nearby golf course ruptured a pipeline for their drinking water and other and released 25,000 gallons of gasoline. domestic uses. The well was removed from service for six months because of the proximity of • Nearly 75 percent of the roughly 2,400 the spill. This caused severe disruption community water systems in the state in the community because water had to rely on groundwater as their source of be trucked in. supply. • Groundwater sources used by • In rural areas, most people depend en- Whitehall Township in Lehigh County tirely on groundwater for their water have been affected by chemical releases supply. And in some of the densely from a sinkhole in a chemical compa- populated suburban areas around ny’s lagoon. During a warehouse fire at Philadelphia, 60 percent of the popula- the company, runoff from fire fighting tion uses groundwater. operations also entered the sinkhole. It is not known whether this • Many campgrounds, restaurants, event caused contamination schools, factories, and other institutions of the drinking water source, have private water supply systems that but it demonstrates the importance of rely on groundwater. contingency planning to prevent impacts from unanticipated • Seventy-eight percent of the water used releases. by agriculture in Pennsylvania is groundwater. Take Action Before a Crisis Occurs

The Threat of Contamination Once groundwater contamination occurs, restoring its original quality can be very diffi- Pennsylvania’s groundwater supplies are cult and costly. Often, hydrologists must find increasingly threatened with contamination new sources of supply. Therefore, taking steps by various sources. For example: now to prevent contamination from occurring will help ensure that your town will have • In West Caln Township, Chester groundwater resources for the future. County, seepage from an old landfill But who has the authority and responsi- site contaminated private home and bility to protect groundwater? The answer

1 may surprise you. Although the state and Protecting groundwater makes sense because federal governments have some responsibility it enhances the potential for economic growth to regulate certain activities that affect and development, protects the health of resi- groundwater, local officials have the most dents, and avoids the costs associated with direct influence on the resource through their cleanup, emergency response, or acquisition authority to regulate land use. Whether or not of alternative sources of drinking water. it is their intent, local governments in effect For local government officials and citi- set groundwater policy when they make deci- zens interested in informed and responsible sions about subdivision and land develop- government, this publication serves as an ment regulation, zoning, road design and introduction to the issue of groundwater pro- maintenance, sewage management, and tection and as a guide to developing local emergency spill response plans. groundwater protection programs. The hand- Counties develop comprehensive plans book provides a very brief description of for their future land use and management. hydrogeology and describes the major sour- Municipalities then develop their own com- ces of groundwater contamination in Penn- prehensive plans based on their county’s sylvania. It then describes how to go about guidelines. Amendments to the Pennsylvania developing a protection program and details Municipalities Planning Code passed in June the specific tools or measures that local offi- 2000 require that comprehensive plans cials can use. “include a plan for the reliable supply of It is hoped that this handbook convinces water...” (Section 301, 7b). you not only about the importance of local Few Pennsylvanians think about ground- groundwater protection programs, but also water and our dependence on it until a crisis that building such programs is possible! occurs. But local officials should not wait for Action can and must be taken to preserve this a public outcry to take action to protect their invaluable resource for the future. community’s groundwater resources.

2 Chapter 1:

Background Information : Groundwater and Its Contamination

The Basics of Hydrogeology amounts; and granite aquifers, small amounts. Water moves in a continuous cycle, called The recharge area consists of the land the hydrologic cycle. As rain and snow, water surface from which water seeps into an falls on the land surface and infiltrates the aquifer. The amount of precipitation that soil or runs off the land into streams, lakes, seeps into the ground depends on several and oceans. It then evaporates and transpires variables: the composition of the soil, the time (is released as water vapor through the leaves of year, the soil’s moisture content prior to a of plants) back into the atmosphere where it rain or snowfall event, and what covers the condenses and again falls to earth (Figure 1). land surface. For example, the soil absorbs The water that seeps into the ground and about 50 percent of the precipitation received is not absorbed by plant roots eventually in wooded areas, but an average of only 32 reaches the zone of saturation. Here, water percent of precipitation seeps into the ground completely fills the spaces between soil parti- in developed areas. This lower percentage is cles or rocks; this is groundwater. Aquifers caused by runoff into storm sewers or direct- are rock or soil layers within the saturated ly into streams and lakes from hard surfaces, zone that contain enough water to be tapped such as roofs, parking lots, and roads. for wells. They are classified into two general categories: The ground absorbs about 50 Consolidated aquifers, consisting of lime- pe r cent of the prec i p i t a t i o n stone, sandstone, granite, or other rock, received in wooded areas, but hold water in interconnected fractures, small cracks, pore spaces, spaces between only about 32 percent of rock layers, and/or solution channel pr ecipitation seeps into the openings. gr ound in developed area s . Unconsolidated aquifers, consisting of rock debris or weathered bedrock, i.e., Groundwater does not remain forever in soil particles, hold water in spaces aquifers. Groundwater, like surface water, is between the particles. constantly on the move. It usually flows toward a low elevation area of discharge—a Most aquifers in Pennsylvania are consol- spring, stream, river, lake, or wetland. idated (Table 1 and Figure 2). The amount of Groundwater generally flows at a rate water contained in an aquifer and its speed of between five feet per day and five feet per movement depend on the type of soil or rock year and in a direction that mimics the sur- forming the aquifer. Clay, fine-grained sand, face topography. It may flow in a different and silt hold a lot of water and release it very direction, however, if it encounters an slowly; coarse-grained sand and gravel hold obstructing geologic formation or if the zone somewhat less water, but the water moves of saturation lies deep within the earth. more freely. The amount of water held and Because of the above complications, yielded by consolidated aquifers depends on determining the path of groundwater flow the size of the rock’s openings and cracks. can be difficult, especially in Pennsylvania’s Limestone aquifers yield substantial amounts complex geology. Therefore, determining the of water; sandstone aquifers, moderate movement of groundwater depends on data

3

Figure 1: Hydrologic cycle

4 Table 1.

Pe n n s y l v a n i a ’ s Aquifers Pennsylvania’s complex geological history has resulted in a diverse set of rock types and a varied physical geography that make generalizations about the groundwater in our state diffi c u l t . Nevertheless, hydrogeologists have identified four principal types of aquifers in the state: sand and gravel, sandstone and shale, carbonate rock, and crystalline roc k .

• Sand and gravel aquifers are located in the southeastern coastal plain along the Delaware River, along the Lake Erie shoreline, and in most major stream valleys. Those in the Delaware estuary we r e deposited when oceans covered the area millions of years ago. Those in the rest of the state are glacial outwash and alluvial (stream) deposits from the time when part of the state was co v e r ed by glaciers. Sand and gravel aquifers contain large quantities of water that can be easily withdrawn; well yields of 1000 gallons per minute (gal/min) are common. The natural quality of the water is good to excellent.

• Sandstone and shale aquifers are dominant in Pennsylvania. Shales, sandstones, and siltstones ar e interlayered, and more than one water-bearing zone can occur in a vertical sequence. Where sandstones dominate, the water is soft, or low in calcium and/or magnesium content; where shales predominate, the water is hard, or high in calcium and/or magnesium. Yields from these aquifers are lower than sand and gravel aquifers; shale yields 5-20 gal/min and sandstone yields 5-60 gal/min. However, drilling on a fracture intersection—the meeting of two or more cracks in the bedrock—can increase these yields substantially.

• Located in the valleys of central and southeastern Pennsylvania, carbonate roc k aquifers contain limestone and dolomite. The caves, solution channels, and sinkholes of these regions res u l t when water dissolves portions of the carbonate rock. Consequently, this water contains rel a t i v e - ly large amounts of dissolved solids and is described as “hard.” Yields of several thousand gal- lons per minute are possible.

• Crystalline roc k aquifers are located in most of southeastern Pennsylvania. These rocks include igneous and metamorphic rocks, such as granite, gneiss, and schist, with very small fractures , so storage capacity and yield are relatively low. Water is generally soft, and yields are common- ly 5-25 gal/min.

5 Figure 2: Pennsylvania's aquifers

6 derived from detailed, site-specific hydrogeo- 1. Underground and aboveground storage tanks logic investigations. Public agencies have constitute a serious pollution risk. these data and much of it is available to download from the Internet. See Chapter 2 • Tanks, pipes, and fittings may leak. for more information. • Leaks may not be detected for a How Contamination Occurs long time.

Contamination of groundwater usually •Very small leaks can contaminate a begins with activities on the land surface in large area. the aquifer’s recharge area. Although a con- taminant or contaminated water may enter Although many industrial and commer- the soil at just one place, the contaminated cial storage tanks have been removed, many water may expand underground into a wider others remain in the ground. Of particular plume, which moves with the groundwater concern are old tanks for agricultural and flow. personal use for which records are sketchy or nonexistent. Contaminants from storage tanks include hydrocarbons, especially gasoline, Contamination of grou n d w a t e r solvents, and other organic chemicals, some usually begins on the land of which are known or suspected carcinogens. surface in the rec h a r ge area of Federal and state regulations required that all existing tank systems be upgraded, an aquifer. replaced, or closed by December 1998. Owners of non-compliant tanks may be Wells that pump water from a depth forced to shut down operations. Through this above or below the plume are unlikely to be program, many problem tanks should have affected unless they draw enough water to been remedied. For more information, about divert the plume into the well. But wells in storage tank regulations, see the Pennsylvania the path of the plume will draw contaminat- Department of Environmental Protection’s ed water and may be useless as water sources (DEP) Storage Tank Cleanup Homepage for years or decades afterward. (www.dep.state.pa.us, subject “storage tanks”). Principal Sources of Contamination in Pennsylvania 2. Oil and gas drilling operations frequently cause contamination, chiefly from petroleum The potential for groundwater products and brine, the brackish water con- contamination varies across Pennsylvania and taining sulfates and chlorides that may be depends on the types of land use activities in injected into the ground during oil and gas an area, as well as the area’s geologic charac- production operations. If not managed cor- teristics. For example, in western, northeast- rectly, this brine may migrate to an aquifer. ern, and north-central Pennsylvania, leaking Oil spills on the land surface are also danger- storage tanks, acid mine drainage, and oil ous. Although the amounts may be small, oil and gas drilling operations pose the greatest from equipment failures can degrade a shal- threats to groundwater. In the coastal plain of low aquifer. extreme southeastern Pennsylvania, indus- Pipelines should be monitored as trial waste sites create the major problem; in well. For instance, polychlorinated biphenyls the south central and southeastern regions, (PCBs), which are used as fire retardant agricultural activities are the greatest threat to lubricants at pipeline compressor stations, groundwater. In the state as a whole, howev- can get into fluids released from storage er, the most significant sources of con- pits and enter surface water and groundwa- tamination are listed below. ter. Pennsylvania has at least 15 pipelines and 133 compressor stations that could cause problems.

7 3. Agriculture can contribute significantly to 5. Waste disposal sites (including landfills for groundwater pollution. Problems include: municipal and hazardous waste), storage pits, la- goons, and other surface impoundments pose an • nitrates from fertilizers and manure, obvious risk of contamination. Although new which are soluble and easily get into installations must meet stricter standards groundwater. Excess nitrogen in water than were previously required, especially for can reduce the oxygen-carrying capaci- monitoring to detect leaks quickly, pollution ty of blood and can be fatal to infants. from abandoned sites and illegal dumping remains a critical problem. State and federal • herbicides and pesticides, some of agencies have targeted nearly 100 such sites which are soluble. in Pennsylvania as Superfund sites (see Table 2). • disease-causing microorganisms (such as Giardia lamblia and Cryptosporidium) 6. Industrial production sites, as well as smaller from animal waste and improperly industrial and retail sites (such as dry cleaners treated sewage. Both of these parasites and gas stations), can also cause contamination can cause diarrhea, vomiting, and from leaky storage tanks, hazardous material cramping a week or two after ingestion spills, runoff from unprotected stockpiles, or of the pathogens. improper handling of waste.

• irrigation water, which can carry miner- 7. Coal mining has contributed to water pollu- al salts, metals, nitrates, phosphates, tion problems in broad areas of the state. Acid and pesticides to groundwater. mine drainage releases iron, manganese, and Although irrigation is not as widely sulfates to groundwater and surface water. used in this state as in other sections of Although current mining methods aim to pre- the nation, if its use increases, so will vent pollution from acid mine drainage, they the potential threat. still pose a threat. The scope of the acid mine drainage problem left from earlier years is Similar threats to groundwater contami- overwhelming: despite efforts to seal old nation can result from management activities deep mines and reclaim strip-mined land, (using fertilizers, herbicides, pesticides, and thousands of acid mine drainage points irrigation) on golf courses and playing fields. remain active. Deep mining of coal also can affect the 4. Malfunctioning on-lot sewage systems, which amount of groundwater available for use. serve one or a few private households, pose Removal of a coal seam may cause drastic one of the largest threats to groundwater in changes in an aquifer, for example, by fractur- Pennsylvania. Although properly installed ing a rock layer that confines the aquifer, and maintained systems can help recharge causing the water to drain to a deeper aquifer. the groundwater, DEP estimates that 35 per- With long-wall mining in particular, rapid cent of on-lot sewage systems malfunction water loss may occur. Although this water and cause groundwater pollution. Problems loss is often temporary and well yields may with these systems result from poor design be restored after a time, sometimes another and improper installation and maintenance. water supply must be found. In addition, although all on-lot systems depend on soil to treat the wastewater, many 8. Household, lawn, and garden activities pose areas of Pennsylvania have soils unsuitable yet another threat to groundwater because of for this use. improperly used and/or disposed of chemi- Possible contaminants from malfunction- cals. Cleaning compounds, paints, pesticides, ing on-lot systems include harmful microor- oil, and antifreeze are often improperly sent ganisms such as bacteria, viruses, and proto- to landfills with garbage, dumped on the zoa, nitrates, detergents, household chemi- ground, or in sewers or septic tanks. Lawn cals, pesticides, and even the organic solvents fertilizers and pesticides frequently are used to clean the systems. applied too liberally or at the wrong time,

8 and the excess washes off to the nearest • chemical reactions that change the con- stream or migrates through the soil to taminant; groundwater. Although the amount of con- taminants coming from any one household • biological action by plants, soil fauna, may be small, the combined total from many and bacteria, which can be especially households warrants concern. effective in breaking down organic compounds; and 9. Abandoned oil and gas wells and municipal and commercial water wells represent a more seri- • dilution by the uncontaminated water ous threat than generally recognized. of the aquifer. Improperly plugged and sealed wells are sometimes used for illegal waste dumping. Few natural mechanisms, however, can They serve as a path for contaminants to remove contamination once water reaches the reach groundwater. Inadequate or deteriorat- saturated zone. Therefore, treatment of con- ed well casings or grouting can result in the taminated water in aquifers depends on contamination of more than one aquifer or human intervention. Researchers have the spreading of contaminants from one achieved some success in groundwater aquifer to another. “remediation” by introducing bacteria capa- ble of breaking down unwanted material (a 10. Poorly constructed or deteriorated private process called biodegradation or bioremedia- wells present a similar problem. Depending tion) and pumping the contaminated water on the specifications used, between 40 and 80 out of the ground. Then clean groundwater is percent of private wells in Pennsylvania have allowed to refill the aquifer gradually or the structural deficiencies and could provide a soil is “steam cleaned” to remove contami- way for polluted surface water to contami- nants clinging to soil particles. However, nate groundwater. There is no statewide and remediation by any method is typically a little local regulation of the design or con- slow and expensive task. struction of private wells.

11. Road deicing operations can result in Few natural mechanisms groundwater contamination from salt spread can remove contamination on roads or stored without adequate protec- tion against runoff. once water reaches the saturated zone. 12. Over pumping of wells can lead to ground- water contamination as, for example, in To date, rather than treating water while southeastern Pennsylvania, where seawater in the ground, most individuals and commu- has been pulled into drinking water aquifers. nities have coped with contamination by:

After Contamination Occurs • finding another source (a new well or a public water supplier); Several natural processes can lessen con- tamination as water moves from the ground • blending the water with uncontaminat- surface to an aquifer. These include: ed water to reduce contamination to an acceptable level; or • filtration, or entrapment, of suspended solids as contaminated water seeps • treating the water after withdrawal through the soil; from the aquifer.

• sorption, the physical or chemical cap- All these ways of coping with the prob- ture of contaminant molecules on soil lem are costly. Rather than waiting for a crisis particles (a reversible process limited in to happen, many communities in capacity); Pennsylvania already have taken the initia-

9 Table 2. Pennsylvania Superfund Sites by County (Updated February 2001)

COUNTY MUNICIPALITY SITE Adams Gettsyburg Westinghouse Elevator Co. Hanover Keystone Sanitation LF Straban Twp. Shriver’s Corner Straban Twp. Hunterstown Rd. Armstrong Perry Twp. Craig Farm Drum Allegheny Coraopolis Breslube-Penn (new site 6/17/96) Harrison Twp. Lindane Dump Jefferson Boro Resin Disposal Neville Twp. Ohio River Park Berks Bally Boro. Bally Groundwater Hereford Twp. Crossley Farm Longswamp Twp. Berks Sand Pit Spring Twp. Berks LF Tildon Twp. Brown’s Battery Breaking Union Twp. Douglassville Disposal Worman Cryochem Blair Antis&Logan Twps. Delta Quarries Bradford Terry Twp. Bell LF Bucks Bridgeton Twp. Boarhead Farms Bristol Twp. Croydon TCE Dublin Dublin TCE Nockamixon Twp. Revere Chemical Warminster Twp. Fischer & Porter Warminster Twp. Naval Air Development Cntr Carbon Nesquehoning Tonolli Corp Palmerton Palmerton Zinc Piles Centre State College Centre County Kepone Chester E. Whiteland Twp. Foote Mineral E. Whiteland Twp. Malvern TCE Honeybrook Twp. Welsh Road LF Kimberton Kimberton Site Newlin Twp. Strassburg LF Paoli Paoli Rail Yard Parker Ford Recticon/Allied Steel W. Whiteland Twp. A.I.W. Frank West Caln Twp. Blosenski LF West Caln Twp. Old Wilmington Road West Caln Twp. William Dick Lagoons Clinton Lock Haven Drake Chemical Crawford Saegertown Saegertown Industrial Area Cumberland Mechanicsburg Navy Ships Parts Control Cntr Delaware Haverford Twp. Havertown PCP Lansdowne Austin Ave. Radiation Site Marcus Hook East 10th St. (proposed) Erie Girard Twp. Lord Shope LF Mill Creek Twp. Mill Creek Dump Franklin Chambersburg Letterkenny Army Depot Chambersburg PDO Area Chambersburg SE Area

10 Table 2. (continued) Pennsylvania Superfund Sites by County (Updated February 2001)

COUNTY MUNICIPALITY SITE Lackawanna Old Forge Lackawanna Refuse Scott Twp. Aladdin Plating Taylor Taylor Borough Dump Lancaster Columbia UGI Columbia Gas Plant Denver Berkley Products Co. Dump W. Donegal Twp. Elizabethtown LF Lebanon Jackson Twp. Whitmoyer Labs Lehigh Emmaus Rodale Manufacturing N. Whitehall Twp. Heleva LF S. Whitehall Twp. Novak Sanitary LF U. Macungie Twp. Dorney Road LF Weisenberg Twp. Hebelka Auto Salvage Yard Luzerne Foster Twp. C & D Recycling Pittston Butler Mine Tunnel Lycoming Williamsport AVCO Lycoming Mercer Hermitage River Road LF Hickory Twp. Sharon Steel Pine Twp. Osborne LF Sharon Westinghouse Electric (Sharon) Mifflin Maitland Jacks Creek/Sitkin Smelting Monroe Jackson Twp. Butz LF/North Road Stroudsburg Brodhead Creek Tobyhanna Tobyhanna Army Depot Montgomery Hatboro Raymark Hatfield North Penn 2 King of Prussia Stanley Kessler Lansdale North Penn 6 Lower Pottsgrove Occidental Chemical Corp Lower Providence Twp. Moyers LF Lower Providence Twp. Commodore Semiconductor Grp Montgomeryville North Penn 5 North Wales North Penn 7 Salford Twp. Salford Quarry (proposed) Souderton North Penn 1 Upper Merion Twp. Crater Resources Upper Merion Twp. Tysons Dump Willow Grove Willow Grove Naval Air Station Worcester North Penn 12 (Transicoil) Montour Valley Twp. MW Manufacturing Northampton Hellertown Hellertown Manufacturing Williams Twp. Industrial Lane Philadelpha Philadelphia Metal Banks Schuylkill Frackville Metropolitan Mirror & Glass McAdoo/Kline Twp. McAdoo Associates Tamaqua Eastern Diversified Metals Susquehanna Bridgewater Twp. Bendix Flight Systems York Hopewell Twp. York County Solid Waste LF Spring Twp. Old City of York LF Springettsburg East Mount Zion Windsor Twp. Modern Sanitation 11 tive and adopted specific groundwater pro- resource stewardship, comprehensive tection measures. The purpose of this guide resource-based planning, and integration of then is to describe the management tools that strategies for protecting wetlands, fish and concerned local governments can use to help wildlife, and local lands. prevent contamination of their community’s valuable groundwater resources. Gr oundwater Protection or Why Wat e r s h e d s ? Wellhead Prot e c t i o n ? Why the recent emphasis on planning at This handbook refers to groundwater protec- the watershed scale? Because water knows no tion and wellhead protection somewhat inter- political boundaries. Rivers don’t stop flow- changeably, and indeed, in the real world they are. ing at state lines, and county and municipal In the world of regulations, however, the two boundaries don’t stop groundwater flow.A terms have slightly different meanings. watershed-based approach also assumes that Wellhead protection refers to protecting a all water resources and the water/land con- defined area that contributes groundwater to, and nection are considered as communities plan could contaminate, public water supply wells or their futures. Therefore, it’s important that all springs. Wellhead protection areas may include levels of government whose jurisdiction falls only a portion of the aquifer from which ground- within a watershed act in a concerted effort water is withdrawn. For example, if groundwater toward a common goal. Otherwise, the flows away from the well faster than it may be progress that one municipality makes could pumped out, then the area down-gradient of the be quickly negated by the activities of another well would not be included in the wellhead protec- municipality. EPA’s Office of Water estimates tion area. that nationally at least 4,000 local organiza- Groundwater, or aquifer, protection refers to tions are working on watershed-based issues. protecting the whole water resource on a water- In Pennsylvania, the Department of Envi- shed basis. It considers future uses of water and ronmental Protection has embraced the uses other than public consumption, such as the watershed approach as well. This approach provision of flow to streams and rivers. An area promotes broad-based stakeholder partner- that depends on private wells for drinking water ships, increased understanding of stream will need to consider protecting the entire aquifer, water quality and pollution, drinking water not just the portion of the aquifer that supplies source protection, pollution prevention and public water wells.

12 Chapter 2:

The Basics of Groundwater Protection for Local Governments

A Five-Step Process for continue through the other steps as described Gr oundwater Prot e c t i o n below. Throughout this process, local resi- dents should constantly receive information To develop and put into place an effective and provide feedback. In particular, feedback groundwater protection program, local offi- is needed to determine how the residents per- cials need to use a planned and deliberate ceive the risks to groundwater and what process. This process generally includes five actions they would support to address those steps: risks. Only in this way can officials choose protective measures likely to have public sup- 1. Involve the community by organizing a port. committee of interested individuals from the community, and neighboring communities, if appropriate. For a groundwater prot e c t i o n pr ogram to succeed, it must 2. Determine sources and uses of the have the backing of the people community’s water supply and define the proposed groundwater protection whom it will affect. The proc e s s areas. must start with educating citi- zens about the importance of 3. Identify possible contamination sources—past, present, and future—in gro u n d w a t e r . the groundwater protection areas. One way to get public involvement is to 4. Establish goals and priorities based organize a groundwater protection committee on an evaluation of the groundwater consisting of open-minded residents interest- threats. ed in a wide range of public issues. These people must be willing to commit sufficient 5. Implement appropriate management time to the assigned tasks. The members of measures, including plans for this committee should come from local gov- future needs. ernment, civic groups, and businesses, includ- ing as many diverse interests in the com- Involving the Community munity as possible (Table 3). The experiences of many municipalities across the country For a groundwater protection program to show that broad memberships help in gain- succeed, it must have the backing of the peo- ing public support for groundwater protec- ple whom it will affect, directly or indirectly. tion efforts. To help assure this, community residents, The committee may help gather and businesspersons, and other interested citizens review the information about local water must be involved in the process of develop- sources and the threats to them; make recom- ing such a program. mendations to local governments concerning This involvement should begin with the specifics of a groundwater protection pro- the education of interested citizens about gram; and help build support in the commu- groundwater and the need for its protection. nity for whatever program is eventually Next, the community should gather informa- adopted. tion about local groundwater supplies and

13 Table 3.

Key Individuals, Agencies, and Organizations to Consider for Inclusion on a Local Groundwater Committee

Water supply agency or authority rep re s e n t a t i v e s Planning board members Elected offi c i a l s En v i r onmental offi c i a l s Fi r e officials, emergency management offi c i a l s Zoning offi c i a l s Of ficials of neighboring municipalities County planning offi c i a l s County conservation district offi c i a l s Penn State Cooperative Extension county agents Natural Resources Conservation Service rep re s e n t a t i v e s State water res o u r ces management offi c i a l s County/state department of health rep re s e n t a t i v e s Federal water res o u r ces management offi c i a l s Private water suppliers Agricultural rep re s e n t a t i v e s Chamber of commerce rep re s e n t a t i v e s De v e l o p e r s Industry rep re s e n t a t i v e s Re p r esentatives of local military installations or government facilities Technical experts from nearby universities or government agencies School teachers Members of League of Women Vot e r s Ne i g h b o r hood and civic associations Watershed associations En v i r onmental orga n i z a t i o n s

14 Identifying Sources and Uses of • Wh e r e do the aquifers that provide drink- Local Water Supplies and Defining ing water lie? What geologic characteris- the Groundwater Protection Area s tics (i.e., depth, rock type, typical yield, rec h a r ge areas, vulnerability to contamina- The next step in the groundwater protec- tion) do they possess? tion process requires gathering a good deal of information, a task that should proceed in • In what direction does groundwater flow? stages. First, the sources and uses of local water supplies must be determined. To do • How and where does groundwater con- this, find answers to the following questions nect to the surface—i.e., where are the dis- (potential sources of information are dis- ch a r ge area s ? cussed below): Compiling all the information necessary • Which areas of the community are served to answer the above questions and others is, by community water supplies? (A co m - admittedly, not a quick and easy task, and it munity water supply serves 15 or more can be further complicated by a number of connections or 25 people on a reg u l a r factors. basis.) What is the source of each supply— a river, lake, res e r v o i r , spring, or well? • Many agencies and private orga n i z a t i o n s How many people rely on each water sup- often hold bits and pieces of information. ply system? • Lack of standardization among disparate • Which areas of your community and how data sometimes limits their usefulness. many households rely on private indi- vidual wells? • The scales of maps are often diffe re n t .

• Ar e significant quantities of grou n d w a t e r • The geographic area covered by available used for other purposes in your communi- data may not be readily applied to a mu- ty—by agriculture or industry, for exam- nicipality; for example, the data might be ple? or ganized by quadrangles, watersheds, gr oundwater basins, or physiographic • What is the present quality of the grou n d - pr ovinces. water used in the community?

• If the primary water supply source Pr otective measures can became contaminated or depleted, are alternative water sources available? begin before the fact-finding is completed. • Which uses of surface water, including st r eams, rivers, lakes, and wetlands, might Not surprisingly then, given the size of be affected by a reduction in the quality the task and possible complications, informa- and quantity of grou n d w a t e r ? tion gathering can be quite expensive. Such studies often cost between $35,000 and After this information has been gathered, $250,000, depending on the area under study the committee must obtain the hydrogeologic and the kinds of data needed. See section F.2 data indicating where the groundwater that for information about potential sources of feeds local water supplies comes from and, funds. ultimately, which land surface areas affect the Nevertheless, the task of gathering infor- quantity and quality of this water and there- mation necessary for a groundwater protec- fore need to be protected. The relevant ques- tion program is manageable. Keep in mind tions include: several considerations. Although obtaining the hydrogeologic data will probably require the services of a technical consultant, much of

15 the other material, particularly that pertain- • State and federal government agencies, ing to surface activities, is easily obtainable including the Pennsylvania Department of from local sources by municipal staff and/or En v i r onmental Protection (DEP) interested volunteers. These people can pro- (w w w .dep.state.pa.us., subject “GIS digital vide administrative support and oversight for geographic information”) (see also DEP’s contracted services. This will help keep costs Bu r eau of Watershed Management, which down. For example, in Marlborough Town- maintains a database for some 700 ship in Montgomery County, volunteers com- gr oundwater monitoring wells around the piled information about local wells and creat- state), the U.S. Geological Survey (USGS) ed a computer database and well location Water Resources Division (h2o.usgs.gov), map. the Groundwater Protection Section of the Protective measures can begin before the U.S. Environmental Protection Ag e n c y ’ s fact-finding is completed. Officials can devel- (E P A) Region III office in Philadelphia op a tentative groundwater protection plan (w w w .epa.gov), the U.S. Department of on the basis of information obtained in the Ag r i c u l t u r e, Natural Resources Conser- early stages and modify the plan as new data vation Service (NRCS) emerge. (w w w. n r cs.usda.gov), and the Ar m y Corps of Engineers (www.u s a c e . a r m y. m i l ) . Information Source s • DC N R ’ s Bureau of Topographic and Geologic The Internet is a tremendous resource for Su r v e y maintains rec o r ds of well log data general information and for data specific to and has published a number of Wat e r your watershed. For example, the U.S. Re s o u r ce Reports covering most of the Environmental Protection Agency offers the state. The Pennsylvania Geological Publi- Watershed Academy—a program of live cations catalog lists these reports and pres - courses, publications and training materials, ents a map of Pennsylvania showing the support for statewide watershed manage- ar ea covered by various geologic reports. ment, and a Web site—over the Internet. The program, called Academy 2000 (www.epa.gov/watertrain), contains a num- The Internet is a trem e n d o u s ber of free, self-paced training modules about res o u r ce for general information the tenets of watershed management and and for data specific to your related topics. Also check the Department of Transportation’s Office of Pipeline Safety web wa t e r s h e d . page (ops.dot.gov/usa/dw/dw.htm#pa) for information and links to Pennsylvania water resources data and maps on the Internet. • Regional agencies such as the Susquehanna Some other sources of local groundwater River Basin Commission (www.s r b c . n e t ) , information include: the Delaware River Basin Commission (w w w .state.nj.us/drbc/drbc.htm), the • Local agencies and institutions such as plan- Ohio River Basin Commission ning departments, health agencies, water (w w w. u k y. e d u / Wa t e r R e s o u rc e s / O R B C . h t utilities, county conservation district ml), the Ohio River Valley Wat e r of fices, and Penn State Cooperative Sanitation Commission Extension offices already have a grea t (w w w. o r s a n c o . o r g), and regional planning deal of useful information about commu- agencies can often provide high quality ni t i e s . local data.

• Pennsylvania Spatial Data Access (PAS D A ) • Universities and res e a r ch institutions ne a r (w w w .pasda.psu.edu) is an Internet-based you may house natural scientists and stu- library of geographic information about dents who can help you obtain the infor- Pennsylvania, which is available for free mation and expertise you need. to the public.

16 Table 4.

Common Sources of Groundwater Contamination

Agricultural Industrial (cont’d) animal burial areas machine and metal working shops animal feedlots manufacturing and distribution shops for cleaning fertilizer storage/use areas supplies irrigation sites mining and mine drainage manure spreading/pits petroleum products manufacture, pesticide storage/use storage, and distribution pipelines septage lagoons and sludge Commercial storage tanks airports toxic and hazardous chemical spills auto repair shops wells (operating/abandoned) boat yards wood preserving facilities construction sites car washes Residential cemeteries fuel storage systems dry cleaners furniture and wood strippers and refinishers gas stations household hazardous products golf courses lawn chemicals jewelry/metal plating septic systems, cesspools laundromats swimming pools medical institutions paint shops Waste management photography establishments hazardous waste landfills printers highway spills railroad tracks and yards incinerators research laboratories municipal landfills road deicing operations open burning sites road maintenance depots recycling/reduction facilities scrap and junk yards sewer lines storage tanks storm water drains and retention basins transfer stations Industrial asphalt plants [Source: Wellhead Protection Workbook, chemical manufacture, storage, U.S. Environmental Protection Agency and distribution activities Region III, January 1993.] electronics manufacturing electroplaters foundries/metal fabricators

17 • The Pennsylvania Rural Water Association activity within the groundwater protection (w w w .prwa.com) provides prof e s s i o n a l area. technical support, certified system train- ing, reliable and timely information, and • What risks (for example, reduced water other benefits to rural and small water quantity available for consumption, and wastewater systems throu g h o u t human health hazards, effects on wildlife Pe n n s y l v a n i a . and ecosystems, etc.) does the activity po s e ? For additional contact information, • How close is the activity to the water sup- addresses, and Web sites, see Appendix D. ply well(s) or the rec h a r ge area? • How many people would be affected by Identifying Possible Contamination gr oundwater contamination from the activi- So u rc e s ty ?

After the proposed area of grou n d w a t e r • What characteristics of the soil, geology, pr otection has been delineated, volunteers and drainage patterns at the site of the should conduct an inventory of possible con- activity might affect the aquifer’s sensitivi- tamination sources—past, present, and future. ty to contamination? Such sources include various agricultural, co m m e r cial, industrial, residential, and waste Developing and Implementing a management facilities and activities (see Tab l e Management Plan 4) . Visit the areas of concern to most effec- After the goals and priorities of a munici- tively conduct a pollution source inventory. pality’s groundwater protection program (Of course, you should obtain permission to have been determined, the municipality then visit sites on private property.) should develop a management plan. This In Allegheny County, the health depart- plan sets forth the tools, techniques, and ap- ment cooperated with the Pennsylvania Rural proaches that the municipality has selected to Water Association to sponsor a tour of well- achieve the goals of its program. These tools field sites and groundwater recharge areas for can be divided into two categories: regulatory local officials, water suppliers, and water controls and non-regulatory methods. works operators. As the participants made Chapter 3 describes the management tools the tour by bus, they identified and noted on currently available to local governments in maps the possible sources of groundwater Pennsylvania. pollution located within a one-mile radius of the well fields. Examples of Local Establishing Goals and Priorities Gr oundwater Protection Eff o r t s After the groundwater protection area has been defined and the potential sources of The Lebanon County Groundwater Education contamination identified, the next step is to Team, a coalition including the county conserva- establish goals and priorities for the munici- tion district, planning department, and water pality’s protection program. The local authority, and representatives of Penn State groundwater protection committee should Cooperative Extension, is working on a wellhead make recommendations to local officials as to protection project in Heidelberg Township. The what these goals should be. coalition coooperated with the Army Corps of To make their decisions, the committee Engineers and the Susquehanna River Basin needs to decide which threats to groundwater Commission to assess the interest in wellhead pro- are most significant. To do this, the U.S. tection efforts and regionalization among local Environmental Protection Agency (EPA) sug- water suppliers on wells. The coalition has identi- gests asking the following questions for each fied and signed up farms to participate in the Best

18 Management Practices for Dairy Farms project. The national Groundwater Foundation They have obtained Growing Greener grants to named the borough a Groundwater Guardian implement agricultural best management practices community in 1995 in recognition of the to reduce nonpoint source pollution from farms. Borough’s voluntary measures to protect ground- The group has also conducted numerous public water. Borough staff have also prepared a how-to education meetings and displays. manual on wellhead protection especially for small Kutztown Borough’s (Berks County) forays communities. This manual has been well received into wellhead protection began in 1992 with a across the state and by EPA. Contact Keith Hill, grant from EPA to identify pollution sources in (610) 683-6131, [email protected] for more the watershed. The borough has since adopted a information. wellhead protection ordinance that prohibits cer- These are just two of the groups working to tain regulated land uses within the area covered protect water resources in Pennsylvania. Many by the ordinance or permits them only by Special groups are staffed completely by volunteers. For Exception. more information about active groups in your To educate its citizens, the borough sponsored area, contact the DEP regional office nearest you. a Water Awareness Day in conjunction with a Contact information can be obtained from DEP’s household hazardous waste drop-off. Attractions web site or from the blue pages of the phone book. included water taste testing and displays about the watershed and by water-related vendors.

19 20 Chapter 3:

Groundwater Protection Tools for Pe n n s y l v a n i a ’ s Local Governments

Much of this chapter focuses on tools that According to Article II of the Municipalities local governments can employ in land use Planning Code (MPC), a planning commis- planning. You might wonder about the con- sion consists of three to nine members nection between groundwater quality and appointed by the municipal governing body. land use. In a study commissioned by the A planning commission can conduct land use American Planning Association, Pennsylvania studies to identify, for example, large water ranked second in the nation in acreage devel- users, potential contamination sources, and oped per person (52% increase) between 1982 land use relationships. and 1997. Unplanned land development often At the request of the governing body, the results in a high percentage of the land being planning agency has the power to and is covered with impervious surfaces—areas that required to prepare a comprehensive plan for do not soak up precipitation, such as parking the development of the municipality. This lots, roads, and roofs. Greater impervious commission can make recommendations to area increases the frequency of flooding, the the municipal government regarding zoning transport of nonpoint pollution to waterways, ordinances, subdivision and land develop- the erosion of stream banks and sediment in ment regulations, planned residential devel- the water, and decreases the recharge of opment regulations, and building and hous- groundwater. Consequently, federal, state, ing codes. Among other things, the planning and local officials are realizing that it makes agency can prepare and present to the gov- sense to tackle water quality and quantity erning body of the municipality an environ- issues through better land use management. mental study and a water survey, which must Pennsylvania’s “Growing Greener” and be consistent with the State Water Plan and “Growing Smarter” programs provide fund- any applicable water resources plan adopted ing and guidance to communities interested by a relevant river basin commission. in helping themselves grow “smarter.” Recent amendments to the MPC, Article In selecting methods for groundwater II (212) and Article XI (1101), authorize protection, municipalities should remember municipal governing bodies to engage in in- to choose simple and usable approaches that tergovernmental cooperation and enter into have clear and predictable requirements and joint cooperation agreements. See section F.1 standards. Use the simplest tools that will and Table 9 for more information. accomplish the task. The list of options pre- sented below is by no means exhaustive. It A.2. Comprehensive Plan may be possible to adopt within the context of Pennsylvania law additional tools used in As described in Article III of the MPC, a other states. comprehensive plan states the objectives of a municipality regarding the timing, character, PLANNING PROGRAMS and location of future development in the municipality. It sets forth the vision and goals A.1. Planning Commission or for the community’s growth and develop- De p a r t m e n t ment. It may serve as the “statement of com- munity development objectives” required Any municipality can create a planning under Section 606 of the MPC before any zon- commission, planning department, a combi- ing ordinance can be enacted. nation of the two, or a planning committee. In The comprehensive plan may include an addition, two or more municipalities can cre- indication of the types of land uses desired in ate a joint municipal planning commission. the community.A plan for the reliable supply

21 of water is now required under the June 2000 ing is preferable. Community sewage systems MPC amendments. This can provide a useful might be required for some of these areas if context within which specific policies and other factors, such as nearby existing systems plans for groundwater management can be with sufficient capacity, are present. developed. Permitting and inspection of construc- tion, repair, or replacement of on-lot sewage A.3. Official Map systems are the responsibility of a municipal sewage enforcement officer (SEO). SEOs are An official map is a special, though sel- licensed by the state and employed by a dom used, regulatory tool that allows local municipality. Municipalities may contract governments to place a reservation on private with a Local Agency to provide SEO services land for future public acquisition and use. for its residents. A Local Agency might be a Such uses might include, for example, water municipality, a group of municipalities, a supply, storm water retention, and wastewa- county, or a county department of health. ter treatment facilities. Official maps are au- DEP encourages municipalities to adopt a thorized in Article IV of the Municipalities sewage management program to help ensure Planning Code; elected officials adopt the that on-lot systems are properly maintained map as a land use ordinance. The reservation so as to prevent contamination of groundwa- lapses if a landowner formally applies to ter. Such a program could include regular make private use of the property and the gov- inspection of on-lot systems, pumping of sep- erning body fails to acquire the property or tic tanks, and regulations for disposal of sep- begin condemnation proceedings within one tage. year of the landowner’s application. Official maps also indicate all publicly owned land in the municipality, including public grounds, Ar eas within the municipality recreation areas, and streets. with many types of soils or A.4. Sewage Facilities Management slopes unsuitable for on-lot sewage systems might be area s The Pennsylvania Sewage Facilities Act wh e r e larger lots are req u i re d , (Act 537 of 1965 and its 1994 amendment, Act or areas where cluster zoning is 149) requires municipalities to prepare and adopt an Official Sewage Plan for sewage pre f e r a b l e . services within its boundaries. This plan is commonly known as an Act 537 Plan. DEP DEP provides grants and reimbursements reviews and approves these plans. As of to municipalities and local agencies for costs March 2000, all municipalities were in com- associated with the planning and permitting pliance with this requirement. programs. In addition, the Pennsylvania The official sewage plan can be a valu- Infrastructure Investment Authority (PEN- able tool for groundwater protection since it NVEST: www.pennvest.state.pa.us), the Penn- designates those areas of the municipality sylvania Housing Finance Agency (PHFA), that are suitable for on-lot sewage systems and DEP are co-sponsors of a funding pro- and can include provisions for sewage man- gram that provides low-interest loans to agement districts. Municipal comprehensive homeowners for the rehabilitation, improve- plans, zoning, and official sewage plans ment, repair, or replacement of existing on-lot should be developed together so they set septic systems. The loans are available to forth consistent goals for the municipality. homeowners in areas where a sewer system is Areas within the municipality with many not available and will not be constructed in types of soils or slopes unsuitable for on-lot the next five years. (See www.dep.state.pa.us, sewage systems might be areas where larger subject “grants/loans”). lots are required, or areas where cluster zon-

22 A.5. Storm Water Management A.6. Source Water Assessment and Pro t e c t i o n The Storm Water Management Act of 1978 provides for planning, ordinance devel- Pennsylvania is in the midst of complet- opment, technical assistance, and funding to ing assessments of the sources of drinking manage storm water runoff on a watershed water for all public water systems in the state. basis so as to prevent downstream flooding. These assessments will identify potential However, storm water management also sources of contamination in the area that the relates to groundwater protection because water systems draw from, either groundwater storm water that runs off rooftops, drive- or surface water. When these assessments are ways, streets, and other impervious surfaces complete, water suppliers and municipalities usually goes directly into streams and rivers. will be able to use this information to com- Therefore, this water does not filter through plete programs that protect their water the ground and recharge the groundwater. sources. This can lower the water table (the top of the Wellhead protection is a type of source zone of saturation), which may affect the water protection. A water supplier and/or yields of private and municipal wells. one or more municipalities can undertake Through appropriate site design and man- wellhead protection planning. However, if agement methods, storm water can be re- regulatory programs are included in the plan, tained at certain sites and then gradually implementation is the responsibility of the released so the water has a chance to enter individual municipalities. DEP has developed the soil. guidelines that local wellhead protection (WHP) programs must meet to receive DEP approval. Although voluntary, municipalities Storm water management are encouraged to develop and submit WHP becomes more complicated if programs because it is far less costly to pro- the water is contaminated. tect groundwater than to clean it up after it is contaminated. DEP requires the presence of the follow- Storm water management becomes more ing six elements (www.dep.state.pa.us, direct complicated, however, if the water is contami- link “source water”), at a minimum, to nated with substances such as farm fertilizers approve a local WHP program: or petroleum products deposited on parking lots. Contaminated run o f f poses a particular • A steering committee must be involved in th r eat to groundwater in areas of the state with developing the plan; public participation karst topography—limestone bedrock with and public education must be ongoing sinkholes, caves, and solution channels— th r oughout plan development. because these are direct conduits to grou n d w a - te r . Storm water management planning in the • Ri g o r ous wellhead protection area delin- past has not generally considered water quali- eation must be performed by or under the ty impacts. However, in light of the various supervision of a reg i s t e r ed professional ways storm water run o f f can affect water qual- ge o l o g i s t . ity and quantity, municipalities must begin to do this. DEP’s Division of Water Use Planning • The plan must include a contaminant operates the storm water planning and man- so u r ce inventory and a description of how agement program, which provides technical the inventory was conducted. assistance and funding. (Call (717) 772-5661 or see http://www.dep.state.pa.us, direct link DEP has also adopted wellhead protec- “stormwater”). The Pennsylvania Infrastruc - tion regulations for wells of new community tu r e Investment Authority (PENNVEST) also water systems or for wells to expand existing funds some storm water protection proj e c t s systems. The water supplier must show that (w w w. p e n n v e s t . s t a t e . p a . u s / ) . it owns or controls all the land in the well- head protection zone 1 (Figure 3) before a

23 Wellhead Protection Area Zones

Stream

Groundwater WHPAI Flow (100-400 feet)

Road

WHPA II (capture zone or 0.5 mi. radius WHPA III (if significant)

Fi g u r e 3: Wellhead protection area s

Table 5.

Adopted Wellhead Protection Ordinances in Pennsylvania (Known to DEP)

Mu n i c i p a l i t y Co u n t y Date Adopted Water System

He i d e l b e r g Twp . * Le b a n o n ~1 9 7 5 He i d e l b e r g Twp. Munic. Au t h . East Strou d s b u r g Boro Mo n ro e 19 9 0 E. Strou d s b u r g Boro Water Dept. Cornplanter Twp . Ven a n g o 19 9 4 Rouseville Boro Water Au t h . Kutztown Boro Be r k s 19 9 5 Kutztown Boro Topton Boro Be r k s 19 9 5 Bo r o of Topton Water Supply Upper Mt. Bethel Twp . No r t h a m p t o n 19 9 5 Ev e rg r een Vil l a g e / Tu s c a r ora Vil l a g e Mobile Home Parks Tel f o r d Boro Mo n t . / B u c k s 19 9 7 Tel f o r d Boro Au t h . East Petersburg Boro La n c a s t e r 19 9 7 East Petersburg Water Au t h . Dover Boro Yor k 19 9 7 Dover Boro Water System Dean Twp . Ca m b r i a 19 9 7 Dean Twp . Ca t a s a u q u a Lehigh 19 9 8 Catasauqua Munic. Water Wor k s South Middleton Twp . Cu m b e r l a n d 19 9 8 South Middleton Twp. Water Au t h . West Rockhill Twp . Bu c k s 19 9 8 Tel f o r d Boro Au t h . Ayr Twp . Fu l t o n 19 9 9 Mc C o n n e l l s b u r g Boro Munic. Au t h . Springdale Boro Allegheny 19 9 9 Springdale Boro Water System Bedminster Twp . Bucks 19 9 9 various small community water sys.

Unless otherwise indicated, protection is by overlay zoning. * watershed conservation district (Compiled by G.P. Bowling, DEP, March, 2001)

24 permit for a new or expanded well may be to identify pollution sources in the watershed. issued. Zone 1 includes the area immediately The borough has adopted a wellhead protec- surrounding the well; the radius may range tion ordinance that prohibits certain regulated from 100 to 400 feet, depending on the pump- land uses within the area covered by the ordi- ing rate and depth of the well and the type of nance or permits them only by special excep- aquifer intercepted. This control will allow tion. Kutztown’s primary wells are outside the water supplier to prohibit activities that borough boundaries, but land around the could adversely impact the well. But because wells is owned by the Borough. Therefore, the this requirement applies only to new systems municipality can exercise control over this or to wells to expand existing systems, mu- land. nicipalities, residents, and water suppliers Borough staff, the U.S. Department of must take responsibility for protecting exist- Agriculture Natural Resources Conservation ing water supplies. Service, and the farmer of the land around Because of the overlapping responsibili- the wells collaborated on the development ties and authorities of water suppliers and and implementation of an integrated crop municipalities for ensuring a safe water sup- management plan to protect water quality ply, cooperation in developing wellhead pro- in the wells. The plan includes information tection programs is essential. DEP provides about the types and rotation of crops to be funding through the Source Water Protection planted, kinds of fertilizers and pesticides Grant Program to support development of allowed, establishment of buffer zones, and local WHP plans. (See www.dep.state.pa.us, plans for conservation tillage. Thanks to direct link “source water” for more informa- this careful land management, there have tion.) More than 30 communities have already been improvements in water quality from the taken advantage of this grant. County plans wells. can be useful in outlining the programs need- ed to protect local water supplies. But unless municipal officials understand and accept Summary of a Sample their responsibility to adopt the necessary Wellhead Protection Ordinance controls, the plans will remain unimplement- ed and water sources will go unprotected. The heart of the Kutztown ordinance is sum- More than 160 water supply systems in marized as follows: “Section 3: Regulated Land the state are conducting local wellhead pro- Uses, establishes that certain particular regulated tection activities. More than a dozen systems land uses will be prohibited or permitted only by are protected by wellhead protection (WHP) Special Exception, within Zone 2 or 3, as applica- ordinances (Table 5) adopted by the commu- ble, as set forth in a schedule of these regulated nities they serve. land uses, which is incorporated in the ordinance. The Telford Area Steering Committee has Section 5: Administration, provides that uses of led the charge for wellhead protection with land in existence on the date of enactment of the six of its neighboring municipalities in Bucks ordinance are deemed to be “nonconforming uses” and Montgomery counties. Of these six, so far and may be continued by the present or any sub- only Telford Boro and West Rockhill sequent owners with certain provisions. Some of Township have adopted ordinances, but sev- these provisions are that it be in compliance with eral other municipalities are close to adop- all laws and regulations; that the nonconforming tion. This effort is significant for the cross- use is not discontinued for twelve consecutive county cooperation demonstrated. months; and provisions that the nonconforming Kutztown Borough and neighboring use is not materially altered, changed, or expand- Topton Borough in Berks County have adopt- ed. This section also provides that a regulated land ed similar ordinances. Nearby Maxatawny use is deemed to be new or materially altered, Township and Lyons Borough changed, or expanded under certain conditions. are working on ordinances as well. Kutztown Some of these include the production and/or stor- Borough began working on wellhead protec- age capacity of the regulated land use is increased; tion in 1992 upon receiving a grant from EPA the types of any substances which give rise to the

25 regulated land use are changed; and the quantity ZONING REGULATI O N of any substance which gives rise to the regulated land use is materially increased. Section 4: Zoning is another land use control that Reporting Requirements, provides that for each lot can be helpful in protecting a municipality’s or tract of land within the overlay district, upon groundwater resources. Zoning controls the which is conducted a regulated land use, that cer- location and intensity of land uses so that, for tain reports or information must be submitted to example, activities that have the potential to the Borough’s Code Enforcement Officer.” (D. contaminate groundwater resources can be Kratzer and K. Hill, Pennsylvanian, July 1995. prevented from locating close to sensitive pp. 4-14.) areas. The authority to zone, which comes from the Municipalities Planning Code, is SUBDIVISION REGULATI O N based on a local government’s “police power” to create ordinances to protect and promote Article V of the Municipalities Planning public health, safety, and the general welfare. Code grants authority to municipalities to The Planning Code (Article VI, Section 604) regulate the subdivision of land and the specifically includes among the purposes of improvement of parcels for use as residential, zoning the provision of safe, reliable, and commercial, or industrial building sites. adequate water supplies, and the preserva- These regulations are intended to ensure that tion of forests, wetlands, aquifers, flood- building sites will have adequate water sup- plains, prime agricultural land, and environ- ply, wastewater disposal, and accessibility for mentally sensitive areas. emergency vehicles. Communities without a A state policy enacted in September 2000 zoning ordinance are authorized to use their requires that DEP verify that new proposed subdivision and land development ordinance projects meet local land use ordinances before to set minimum lot area and setback. These about 80 types of environmental permits communities are thus able to control, to some dealing with air, water, waste, and mining degree, development that might impact can be issued. The impetus for the policy groundwater resources. stems from the state’s Growing Smarter legis- lation, which aims to control sprawl. DEP B.1. Mandatory Dedication of also requires permit applicants to give more Open Space notice of their plans to the affected counties and municipalities and to solicit comments on As part of a subdivision and land devel- potential conflicts with local land use plans. opment process, some municipalities require Among the approaches and tech- that a development plan include a specific niques to consider for groundwater protec- amount of land for parks or recreational facil- tion are: conditional uses, agricultural zoning, ities. To make this requirement, however, a zoning to ensure open space, planned resi- municipality must have a formally adopted dential development, wellhead and aquifer recreation plan. The land set aside for recre- protection zoning, performance zoning, and ation might also serve as part of a municipali- transfer of development rights. ty’s groundwater protection area. C.1. Conditional Uses and B.2. Site Design Standards Special Exceptions

Site design standards can help protect Conditional uses and special exceptions groundwater by controlling runoff and poten- require a special review and public hearing tially polluting activities. Examples of such for activities that may have a significant standards include limitations on the amount impact on surrounding areas. Special excep- of impervious surface allowed or on the stor- tion applications are heard and decided by age and stockpiling of potential contami- the local zoning hearing board; conditional nants, as well as requirements concerning use applications are heard and decided by the landscaping or the preservation of forested governing body. In all other aspects, the two areas. techniques are similar. Districts in which

26 these uses may be located are established in al zoning. This allows for the preservation of the zoning ordinance, as are the specific open space and groundwater recharge areas. requirements governing the use. For example, The overall density of development remains to ensure that a wellhead or aquifer recharge the same as for conventional developments, area is not harmed, there might be a “condi- although sometimes an incentive, in the form tion” that gasoline stations located within of bonus lots, is given as a way of encourag- wellhead protection areas install double- ing the use of clustering. The open space pre- walled underground storage tanks. Applica- served can encompass lands the municipality tions that meet the specific requirements in has designated for groundwater protection. the ordinance generally must be approved. Mount Joy Borough in Lancaster County has adopted cluster zoning. The ordinance C.2. Agricultural Zoning Districts specifies a minimum size of 15 acres for a cluster development project, a density of no Municipalities may establish agricultural more than six units per acre, a minimum of zoning districts in which land uses that are 30 percent of each parcel preserved as open incompatible with agriculture are prohibited. space, and other requirements for mainte- Usually these districts are established in areas nance of the common area. of a community with productive soils and active farms. Although many municipalities C.4. Planned Residential have some degree of agricultural zoning, a Development 1995 study funded by the Center for Rural Pennsylvania found 92 municipalities in 14 Planned residential development (PRD) counties with truly effective agricultural zon- offers another way to preserve open space. A ing covering about 725,000 acres. A typical PRD project is usually used for a large-scale restriction associated with agricultural zoning development that includes different types of districts states that agricultural land parcels housing, businesses, offices, open space, and may not be reduced to a size that would be recreational facilities. The plan concentrates economically unviable for farm use. the building activity on the most suitable sites, thereby accommodating natural features and contributing to groundwater protection. Local officials should adopt the simplest controls that will C.5. Wellhead and Aquifer enable the municipality to Pr otection Districts achieve its objectives. Wellhead and aquifer protection districts are specially created zones around wells or Even though a municipality may have above drinking water aquifers that have more agricultural zoning districts, some caution is stringent protection standards than other dis- advised. This type of zoning prevents or tricts in a municipality. Certain land uses may reduces development and associated threats be prohibited entirely, and others may be to groundwater resources, but some agricul- allowed only as conditional uses or as special tural activities can themselves cause contami- exceptions under strict performance stan- nation. Therefore, agricultural districts can dards. help in groundwater protection efforts only if Wellhead protection districts protect the farmers are well educated about and use safe land area that contributes to a single well or methods of pesticide, fertilizer, and animal wellfield. This type of zoning is more useful manure application. for protection of wells in an unconfined aquifer—one that has no impermeable layer C.3. Cluster (or Open Space) Zoning of clay or rock above it. In this case, the aquifer recharge area is more easily defined This flexible zoning approach groups (it generally lies directly above the aquifer) buildings, usually homes, on individual lots and is more apt to lie within a municipality’s smaller than those allowed under convention- boundaries or the boundaries of neighboring

27 municipalities. Conversely, water likely enters C.6. Performance Zoning a confined aquifer, an aquifer with an imper- meable layer above it, at a place some dis- Performance zoning dates from the early tance away. 1970s and is intended to improve land use management for the protection of natural resources. In its purest form, performance Wellhead and aquifer prot e c - zoning would allow all land uses in all zon- tion districts are specially cre- ing districts, provided they conform to estab- ated districts around wells or lished standards. However, municipalities generally use a hybrid version that combines above drinking water aquifers. conventional and full-scale performance zon- ing. Aquifer protection districts safeguard the The Bucks County Planning Commission entire recharge area of an aquifer and there- has advocated performance zoning, and many fore tend to be larger than wellhead protec- of the county’s boroughs and townships now tion districts. The former should provide for use this approach. In addition to natural the possible future construction of additional res o u r ce protection standards, the zoning reg u - wells drawing from that aquifer. lations contain three primary performance crite- These protection zones are often set up as ria for any development: a minimum open “overlay” zones. This means that special space req u i r ement, a maximum density stan- wellhead and aquifer protection criteria are da r d, and a maximum impervious surface ratio. added to the basic underlying restrictions Various natural res o u r ces are protected by limit- imposed on the entire zoning district. East ing the extent of development in each res o u rc e . Marlborough Township in Chester County, For example, no development is permitted in for example, has adopted an ordinance that floodplains and wetlands—100 percent of these established a groundwater protection district ar eas must remain as open space. (See as an overlay on the existing zoning districts. ww w. s u s t a i n a b l e . d o e . g o v / c o d e s / b u c k s . s h t m l According to the special performance stan- for more information.) dards that apply to this district, development must not create a risk of contamination by C.7. Transfer of Development Rights sewage effluent or of structural damage from subsidence and must not result in any addi- Municipalities can provide for transfer- tional storm water runoff. able development rights (TDR) (MPC, Section West Whiteland Township in Chester 619.1) to help protect groundwater supplies County has a Carbonate Area District in a way that uses the mechanisms of the Ordinance the purpose of which is to “protect marketplace and therefore may have more the water resources associated with carbonate public support than governmental regulation geologic formations in [the township] from usually does. land-use and development patterns that The concept of transferable development would threaten their quality and quantity as a rights is based on the idea that the ownership result of pollution and the alteration of natu- of property consists of several separable ral drainage patterns.” The ordinance rights: development rights, mineral rights, the requires that certain measures to prevent pol- right to grant easements, etc. The owner of lution of the aquifer be taken in new or one property can sell development rights to altered construction within the district. Some another property owner, allowing the buyer of the requirements include: possible need to to intensify the use allowed on his or her encase gasoline and other storage tanks in property. The buyer pays the seller the value impervious liners; prohibition of potentially of the development rights. The seller’s prop- contaminating fill material; prohibition of erty remains in its open, unbuilt condition. storage, handling, processing, or disposal of The municipality’s tax base grows because toxic materials; and prohibition of activities the development has occurred, although in a that would diminish the flow of natural different location. TDR allows municipalities springs. to create a financial incentive to landowners

28 in sensitive areas not to develop their proper- “include a plan for the reliable supply of water ...” ties. (see section A.2 for more information). However, the MPC amendments also intro- duced some potential conflict between zoning The concept of transferable issues and water resources protection. For exam- development rights is based on ple, the revised MPC provides for broad placement of mining. Section 603 (c), subpart I states that the idea that the ownership of “[z]oning ordinances shall provide for the reason- pr operty consists of several able development of minerals in each municipali- separable rights. ty.” Coal mining is specifically named as a land use that may not be excluded from each munici- pality’s zoning plan. It is not clear, however, The ability to transfer development rights whether municipalities using joint planning must across municipal boundaries when there is an allow for mining uses in all municipalities. This intergovernmental cooperative agreement pervasive authority could be at odds with a well- (see section F.1) with a plan for growth areas head protection ordinance. and rural resource areas is one of the signifi- Similar conflicts may arise with forestry. cant new provisions of the MPC amendments Section 603 (f) states that forestry activities are to of 2000. In this situation, a joint municipal be treated in zoning ordinances as a “permitted zoning ordinance is not required. The munici- use by right in all zoning districts in every pal ordinance establishing TDR designates municipality.” These changes mark a shift away sending (preservation) areas and receiving from resource conservation toward resource uti- (development) areas and assigns develop- lization. ment rights to the sending areas. The number Section 105, Purpose of Act, was amended to of development rights may be based, for support a farmer’s right to change the operation in example, on the number of dwelling units any way to “remain viable.” This provision effec- allowable under existing zoning regulations. tively protects farmers from community com- The municipality may then encourage pur- plaints, especially about the industrialization of chase of these rights by property owners in farming. the receiving district by allowing higher den- Section 301 (6) (ix) removes municipalities’ sities with the purchase than would other- option to impose stricter nutrient management wise be allowed. standards on farming operations with less than 2 TDR programs have been set up in animal units per acre. This could lead to surface Berks, Bucks, Chester, Lancaster, and York and/or groundwater contamination. counties, although actual transfers have Section 603 (g) (1) states that “zoning ordi- been infrequent and small. As of 1998, nances shall protect prime agricultural land and Buckingham Township in Bucks County may promote the establishment of agricultural se- had protected 280 acres of farmland through curity areas.” It is unclear how this requirement a TDR ordinance enacted in 1994. (See will be implemented, but it may conflict with www.farmlandinfo.org/fic/tas/tafs-tdr.html). landowners who want to convert farm land to other uses. Subpart (h) of this section severely lim- its the application of zoning ordinances to agricul- Impacts of the Revised tural land, especially to control the transition of Municipalities Planning Code traditional operations to industrialized operations, unless there is a direct adverse effect on public on Zoning and Other Wat e r - health and safety. related Regulations

The June 2000 amendments to the MPC make it easier for municipalities to use joint planning and zoning (see section F.1 for more information). They also require that comprehensive plans

29 OTHER REGULATO R Y choose regulatory techniques as a way to imple- TE C H N I Q U E S ment their groundwater protection programs must be prepared and committed to enforcing them. An effective enforcement program involves D.1. Source Proh i b i t i o n s having a record system that lists all limitations, restrictions, and standards included in the regula- In certain instances, municipalities pro- tions, as well as enough personnel to monitor tect groundwater resources by regulating the development activities and enforce the regulations. types of activities that can occur in sensitive And, of course, areas. An example would be the prohibition ongoing education about the regulatory program of gasoline stations using underground fuel and the reasons for it will also aid in enforcement. storage tanks within the wellhead protection area. Other prohibited land uses might NO N - R E G U L AT O R Y PROGRAMS include sewage treatment plants, landfills, or other activities involving the use, storage, or disposal of toxic and hazardous materials (see E.1. Agricultural Security Area s discussion on principal sources of contamina- tion in Chapter 1). Conflicts may arise, how- Farming is the predominant land use in ever, with MPC limitations on how munici- agricultural security areas. Under the provi- palities can regulate some activities, including sions of Pennsylvania’s Agricultural Security mining, forestry, and agriculture. Areas Law, municipal officials designate these areas upon the petition of local farm owners. Participating landowners in agricultural secu- Nothing is accomplished just rity areas receive special consideration so that by placing regulations on the farming is not hampered by state or local books. Local governments that restrictions. The law does not impose any additional restrictions on the use of farm choose regulatory techniques properties, nor does it waive the application to implement their grou n d w a t e r of local ordinances. pr otection programs must be Farmers in an agricultural security area are eligible to participate in the agricultural pre p a r ed to enforce them. conservation easement purchase program. This joint effort between the state and partici- pating counties preserves the land perpetual- D.2. Well Construction Standards ly as farmland, which can be beneficial to groundwater protection efforts. Pennsylvania has no regulations for pri- The Pennsylvania Department of vate well construction. However, counties or Agriculture’s Farmland Protection Program is municipalities can write and adopt their own. the fastest growing program of its type in the Chester County has adopted regulations es- country. Since the program began in 1989, tablishing minimum standards for the loca- about 165,000 acres of prime Pennsylvania tion, construction, modification, or abandon- farmland have been preserved in 42 counties. ment of private and semi-public wells. The The Growing Greener Initiative, a state fund- Chester County Health Department adminis- ing program initiated in 1999, includes about ters the program. $100 million for farmland preservation. In addition, many counties have included fund- ing for purchases in their budgets. A Note About Using Pennsylvania dedicates $0.02 of the state tax Regulatory Measures on the sale of cigarettes to the purchase of de- velopment rights for farmland. This tax Nothing is accomplished just by placing reg- brings in about $20 million per year. ulations on the books. Local governments that

30 E.2. Land and Easement Purch a s e s may cost 75-90 percent of the land’s total and Donations value). However, the municipality does not have the land to use for other public In Pennsylvania and elsewhere in the pu r p o s e s . United States, some municipalities and coun- ties are protecting their groundwater supplies •Donating land and development rights to by buying land, purchasing conservation private, nonprofit land trusts, such as those easements and development rights, and or ganized by nature conservancies, is encouraging donations of land and develop- another way to preserve land and natural ment rights. Bucks, Montgomery, Chester, res o u r ces. Ac c o r ding to the Land Trus t and Monroe are some of the counties that Alliance, there are now at least 90 local have recently passed bond issues dedicated to land trusts in Pennsylvania and as of 1998, purchase of open space. Municipalities in they had preserved a total of 348,239 Bucks, Centre, Chester, Delaware, ac r es—54,014 acres owned in fee, 59,774 Montgomery, and Philadelphia counties ac r es under conservation easements, and passed voter referenda in 1999 or 2000 234,451 acres transferred to government authorizing bond issues or tax increases for agencies. Landowners can receive tax ben- open space preservation. efits from the donation of easements or ba r gain land sales to nonprofit land trusts.

Some municipalities are pro- The LeTort Regional Authority is an tecting their groundwater sup- example of an innovative approach to water plies by buying land, purch a s - quality control through easement purchase. This is a joint effort undertaken by four mu- ing conservation easements and nicipalities (Carlisle, South Middleton, North development rights, and encour- Middleton, and Middlesex) and Cumberland aging donations of land and County to protect LeTort Spring Run, one of the finest limestone trout streams in the coun- development rights. try. The Authority, which receives funding from the four municipalities based on their There are advantages and disadvantages population within the watershed, and also to all methods of land protection. from Cumberland County, provides an exam- ple of how municipalities can use easements • The purchase of property by a municipali- to protect natural resources. The authority ini- ty involves costs including the purch a s e tiated a conservation easement program that price, maintenance, and loss of tax rev e - allows interested landowners to place restric- nues, and theref o r e may seem extrava- tions on current and future uses of their gant. However, land purchase may prov e streamside properties. The easement provides the most cost-effective way to prot e c t a buffer zone between the stream and future water supplies, because continued prot e c - development and forbids the use or storage tion is assured. In addition, the communi- of any potentially toxic or polluting materials ty gains land that can be used for public within the area. Land in the easement pro- purposes—for example, a park. gram may not be plowed or stripped of grass, shrubs, trees, or plants, and no new buildings • Pu r chasing a conservation easement or de- may be erected. The landowner retains full velopment rights also gives a municipality ownership of the easement area and can reasonable assurance that a sensitive area choose whether or not to allow public access. will be protected. Furthermore, since own- As of 1998, the Authority held ten easements ership of the land does not change, pur- on 15 parcels of land, with several additional chasing an easement or development easements pending. rights costs less than buying the prop e r t y outright (although development rights

31 E.3. En v i r onmental Advisory Co u n c i l s A public information program about the value of groundwater protection could, for Act 148 of 1973 authorized local govern- example, describe how improper waste dis- ments to appoint Environmental Advisory posal, the overuse of lawn and garden chemi- Councils (EACs) that, according to the act, cals, and poorly maintained septic systems “have the power to identify environmental threaten groundwater quality. The program problems and recommend plans and pro- should then explain what individuals can do grams to the appropriate agencies for the pro- to minimize or eliminate these threats. It motion and conservation of the natural should further explain that although the resources and for the protection and improve- actions of individuals may seem inconse- ment of the quality of the environment.” Al- quential, when multiplied by thousands of though by law a council can consist of only households in an aquifer area, these actions seven members, many more people can be may have very serious consequences. involved in any public education programs You may have noticed signs along road- the EAC undertakes. ways informing drivers when they enter a According to the Pennsylvania Environ- public water supply area. These signs include mental Council, about 150 municipalities in information about whom to call if a chemical Pennsylvania have established EACs, includ- spill occurs along the road. This road sign ing communities in Adams, Allegheny, Berks, program has been a useful tool for raising Bucks, Centre, Chester, Cumberland, public awareness about threats to community Dauphin, Delaware, Lehigh, Montgomery, water supplies. Westmoreland, and other counties. Here are some pointers on effective EACs can play a direct or indirect role in watershed education and involvement pro- groundwater protection. The EAC of grams from the U.S. Environmental Towamencin Township in Montgomery Protection Agency’s publication, “Top Ten County has been coordinating a stream corri- Watershed Lessons Learned.” dor study on Towamencin Creek. This water- shed and the surrounding area have been •A sustained effort is necessary; a one-shot heavily impacted by Interstate 476 and the or scattered approach is unlikely to be development and traffic it has brought. This successful. development has reduced groundwater recharge and flood storage and increased •Seek out public views through meetings, stream bank erosion and siltation. The EAC personal contact, and surveys. The passive hired the Heritage Conservancy to develop a ap p r oach—just saying that people are complete picture of both the natural assets available to answer questions—won’t and the impacted areas of the stream corridor. work. The plan is to restore areas of the stream cor- ridor by planting trees and shrubs to control •Information in any form—publications, erosion and increase groundwater recharge. videos, exhibits, and charts—must be clear, concise, easy to understand, and locally E.4. Public Education rel e v a n t .

Local officials should make it public poli- Many publications are available about cy to encourage voluntary actions by resi- engaging the public in water resources educa- dents to protect groundwater. Although un- tion programs. See Appendix B for more likely to work as the sole means of preserving information. groundwater, a voluntary program can be a valuable supplement to governmental regula- E.5. Monitoring tion and public land acquisition. Inspiring residents voluntarily to change their lifestyle Municipal officials and residents can ini- and actions requires that they understand tiate a comprehensive monitoring program to why change is needed and what actions track contamination from specific or potential should be changed. pollution sources in a designated area. (For

32 more information, see www.dep.state.pa.us, orderly and efficient transition from normal subject “water management.”) Sources are de- to emergency operations. The plan should termined by the pollution inventory de- include: scribed in the previous chapter. As part of the monitoring program, a municipality should • an updated emergency organization chart conduct periodic testing of groundwater sam- illustrating the chain of command. ples from observation wells to allow early detection of contamination. These monitoring • a current list of federal, state, and munici- wells should be located down-gradient from pal officials to contact in an emerge n c y , as potential contamination sources. well as contact points for the media and DEP supports an extensive volunteer priority users (e.g., hospitals, nursing monitoring network called the Citizens’ ho m e s ) . Volunteer Monitoring Program (CVMP). The goals of the CVMP are 1) to foster steward- • a plan detailing the physical layout of the ship by giving communities the tools they so u r ce, distribution system, and all equip- need to meet their own goals related to water me n t . resources, and 2) to give DEP a better under- standing of the state’s water resources by • ag r eements with neighboring municipali- receiving quality-assured data from volun- ties, local industries, and utilities to coop- teers. The CVMP includes both surface and erate by lending personnel and equip- groundwater monitoring efforts. Surface me n t . water monitoring can be helpful in identify- ing places where contaminated groundwater • table and related map indicating potential enters streams. (See www.dep.state.us, subject so u r ces of contamination and approp r i a t e “Citizens’ Volunteer Monitoring Program.”) em e r gency response proc e d u r es. Monitoring programs can produce important data for wellhead protection plan- • pr ovision for alternate water sources and a ning. The USGS is collaborating with DEP to rationing system that meets the needs of study bacterial contamination in private wells priority users. in southeastern and south central Pennsylvania. The goals of the study are to • pro c e d u r es for the dissemination of factu- determine whether wells constructed to high al information to the media. standards (with grout and surface seal) pro- vide better protection against bacterial con- •assurance that personnel have been trained tamination than less stringently designed to handle emergency situations. wells (with no grout or surface seal) and whether rock type affects bacterial contamina- Coordination between various levels of tion of well water. The wells are being sam- government is essential in an emergency. pled for total coliform and E. coli bacteria. Local and county officials should have copies Municipal officials in these areas might wish of public water suppliers’ contingency plans, to obtain the results of this study. and contact information should be kept up to date. For more information on developing E.6. Contingency Plans contingency plans, obtain DEP’s booklet “Public Water Supply Manual Part VI: DEP requires that community water sys- Emergency Response” tems have emergency plans as part of their (www.dep.state.pa.us/dep/subject/All_Final wellhead protection programs. Such a contin- _Technical_guidance/bwsch/bwsch.htm) or gency plan includes provisions for alternate EPA’s “Guide to Ground-Water Supply water supplies in the event of well or well- Contingency Planning for Local and State field contamination, and detailed procedures Governments” (#EPA 440/6-90-003). See to follow in case of an environmental incident appendix B for EPA publication ordering impacting a well or wellfield. An emergency information. response plan is developed to ensure an

33 E.7. Household Hazardous Was t e Cooperation Act (Act 180 of 1972), local gov- Co l l e c t i o n ernments can cooperate with other munici- palities, school districts, counties, or other Municipalities can organize hazardous levels of government to perform any govern- waste collection days to ensure proper dis- mental function in just about any way. An posal of household hazardous wastes and to agreement can provide for a joint activity, emphasize the need to protect groundwater such as joint comprehensive planning, or the through the proper handling of hazardous agreement can assign different responsibilities materials. These collections divert household to the participating governments. hazardous wastes, such as pesticides, herbi- Neighboring municipalities jointly can under- cides, paint, cleaning chemicals, batteries, take studies, for example, to delineate an pool chemicals, and motor oil, from local overlay district for a groundwater recharge landfills, sewers, and septic systems to area. The resulting recommendations can licensed hazardous waste disposal sites. then be implemented by individual ordinanc- DEP provides matching grants to munici- es in each of the cooperating municipalities. palities, counties, private organizations, or Inter-municipal cooperation has resulted in companies that sponsor household hazardous the development of wellhead protection ordi- waste collections. Contact the Bureau of Land nances in Kutztown and Topton boroughs in Recycling and Waste Management or see Berks County and in Telford Borough and www.dep.state.pa.us, subject “waste manage- West Rockhill Township in Montgomery and ment” for more information. Bucks counties. In early 2001, there were no The Pennsylvania Department of approved Intergovernmental Cooperative Agriculture (PDA), in cooperation with Penn Plans, but a number were in development. State Cooperative Extension, operates pro- grams to allow safe disposal of old, unusable, or unwanted pesticides and empty pesticide A municipality may fare better containers. (See in protecting grou n d w a t e r www.pested.psu.edu/pdaprog.html). res o u r ces by working with AD D I T I O N A L neighboring municipalities. CO N S I D E R AT I O N S JOINT PLANNING F.1. Intergovernmental Cooperation One form of intergovernmental coopera- For various reasons, municipalities usual- tion is a joint planning commission. Two or ly fare better in protecting groundwater more municipalities that each adopt ordi- resources by working with other municipali- nances establishing a joint planning commis- ties. Aquifers and wellhead protection areas sion can prepare a joint comprehensive plan, may extend into neighboring territory, and including plans for protecting water supplies. more rational water management can be The commission may also prepare a joint zon- achieved by cooperative planning that crosses ing ordinance that could include land use governmental boundary lines. Besides, the controls for environmentally sensitive lands. costs of a groundwater protection program The June 2000 amendments to the may be too great for one municipality to bear Municipalities Planning Code changed the alone. Whatever the reason, intergovernmen- title of Article XI from “Joint Municipal tal cooperation is a viable option authorized Planning Commissions” to by the 2000 amendments to the Municipalities “Intergovernmental Cooperative Planning Planning Code. and Implementation Agreements.” However, Municipalities that want to work together joint planning commissions established under to protect their groundwater resources can the former provisions of Article XI can contin- establish an intergovernmental cooperative ue to function under the amended article. agreement. Under the Intergovernmental

34 The 2000 MPC amendments facilitate Makefield, Wrightstown, and Newtown joint planning in the following ways: townships. Heavy residential, commercial, and light industrial development is concen- • Cooperating municipalities do not have to trated in Newtown Township, because a form joint planning commissions and do sewer system was already in place there joint zoning to create Intergo v e r n m e n t a l when the jointure was formed. Upper Cooperative Planning and Makefield and Wrightstown are conserved for Implementation Ag r eements. However, open space and farmland. The population the comprehensive plans of cooperating density in these two townships is about one- municipalities must be generally consis- fifth that of Newtown. Most services in the tent, and zoning ordinances must be gen- jointure’s area are concentrated within an erally consistent with the plans. area of less than one square mile in Newtown. This results in reduced impervious • Municipalities are encouraged to use trans- area, which allows for greater groundwater ferable development rights (see Section C.7) recharge. The jointure has a standard for the to preserve open space and place growth amount of impervious surface allowable per where it is wanted. Use of TDR is facilitat- acre in residentially zoned areas. Also, by ed. concentrating development in an area where a sewer system was already in place, the • Consistent planning is encouraged at the threat to groundwater quality from failed local, county, and regional levels while septic tanks was lessened. The three town- retaining local control. ships are in the same school district and resi- dents of each township pay the same assess- • Incentives are provided for municipalities ment rate, so everyone pays to support the in- undertaking joint planning, including prior- frastructure. ity consideration for state grants and loans, authority to create future growth areas, ability to share taxes and fees within the Incentives are provided for mu- plan region, ability to carry out inter- nicipalities undertaking joint municipal transfer of development rights, planning, including priority and improved ability to withstand legal challenges to planning decisions. consideration for state grants and loans. • Cooperating municipalities no longer need to allow for every conceivable kind of land use in each municipality. It might be COUNCILS OF GOVERNMENT agreed, for instance, that one municipality will have mainly urban zoning and another Another kind of cooperative agreement is will allow for mining. a council of governments (COG). An adminis- trative and coordinating agency organized by According to the organization 10,000 two or more municipalities, a COG addresses Friends of Pennsylvania, as of December regional issues of concern. It is run by a board 2000, there were 42 completed joint compre- made up of one or two representatives from hensive plans in Pennsylvania, including five each municipality and operates under its own that also involve joint zoning ordinances. (See bylaws. One disadvantage to COGs is that www.10000friends.org for more information they do not have a stable source of funding; about multi-municipal planning and zoning.) they have no power to levy taxes, so they An example of intergovernmental plan- have to fund services and programs through ning and cooperation is the Newtown dues, fees, and grants. The Pennsylvania De- Jointure in Bucks County. This is a multi- partment of Community and Economic municipal land use planning and zoning Development (DCED), which encourages the organization that has been operational for formation of COGs, offers various forms of more than 15 years. It includes Upper assistance. (See www.dced.state.pa.us).

35 The Centre Region COG in Centre Growing Greener grant to establish a water- County was a pioneer in bringing the issue of shed-wide groundwater level monitoring sys- groundwater management to the local politi- tem. Since 95% of the area’s municipal drink- cal table. Through a Regional Groundwater ing water is groundwater and the area is un- Study Committee formed by the COG, an dergoing rapid development, the municipali- updated groundwater table ties recognize that a cooperative watershed- contour map and water budget were pre- based approach to growth makes sense. pared for the Spring Creek Basin. This coop- erative effort between the COG’s Groundwa- F.2. Financing Options for ter Committee and the Susquehanna River Gr oundwater Prot e c t i o n Basin Commission involved the measurement of water levels for more than 200 water wells GR A N T S in the community. The groundwater table map allows planners to identify areas where State, federal, and private funding pro- groundwater is close to the grams for groundwater protection have land surface and therefore more prone to con- expanded in recent years. This section tamination. demonstrates the array of local, state, and The municipalities in the Centre Region national agencies and organizations that fund COG have also enacted zoning regulations groundwater protection. It is by no means an that enhance the protection of the communi- exhaustive list of funding sources. The ties’ groundwater resources. Two of the Internet is a powerful tool in finding grant COG’s participating townships have enacted opportunities. You could start with the Rural Preservation Districts, which require sources listed in Table 6. that 50 percent of any tract developed remain The Pennsylvania Department of as permanent open space. This open space Environmental Protection operates many can be used to protect sensitive groundwater water-related grant programs for issues resource areas. In addition, two other zoning including source water protection, implemen- districts have been enacted in the Centre tation of best management practices on farms, Region requiring protection of the one-year storage tank removal, regionalization of small zone of contribution for major water supply water systems, county water supply plan- wells. This is the area around a well—includ- ning, and geographic information systems ing the aquifer and everything above the software and training, among others. This is a aquifer—from which the well draws its water fruitful place to begin. over the course of one year. At the start of the millennium, The COG’s water resource protection Pennsylvania had a budget surplus, so fund- efforts are guided by a regionally consistent ing levels have been generous. The Growing Comprehensive Plan, which was adopted by Greener Initiative, a cooperative program of all six of the participating municipalities in DEP, DCNR, PDA, and PENNVEST, is set to 1991 and updated in 1999. This plan identifies invest nearly $650 million by 2005 in farm- future growth areas, including a growth land preservation, open space protection, boundary, and attempts to direct growth elimination of the maintenance backlog in away from the region’s sensitive groundwater state parks, cleaning up abandoned mines, resource areas to more appropriate locations. restoring watersheds, and building and The Centre Region COG’s efforts in upgrading water and sewer systems. groundwater protection have led to other Another large source of funds, the types of intergovernmental cooperation in Drinking Water State Revolving Fund, is this area. The Spring Creek Watershed Com- jointly administered in Pennsylvania by DEP munity, which is sponsored by the Clearwater and PENNVEST. The federal Safe Drinking Conservancy, includes a local official from Water Act Amendments of 1996 authorized each municipality in the Spring Creek water- this generous funding to allow every state to shed. The group oversees and sanctions water distribute grants and low-interest loans to resources protection activities in the water- community water suppliers. Pennsylvania’s shed. In 2001, the Community received a share of the federal money for fiscal year 2001

36 37 alone was almost $25 million. The overall William Penn Foundation goals of the program are to have all public (www.wpennfdn.org), and The Philadelphia water systems in the state comply with drink- Foundation (www.philafound.org) in the ing water standards and to ensure that pres- Philadelphia area; and The Greater ent and future Pennsylvanians have access to Harrisburg Foundation (www.tghf.org) in the safe and adequate supplies of potable water. capitol region. The national Conservation and Check the following pages for links to Reinvestment Act (CARA) could be funded many foundations and tips about writing up to $12 billion over fiscal years 2002-2008 to grants: finance federal, state, and local land acquisi- tions. Many other conservation programs • Council of Foundations-www.c o f . o r g would benefit as well, but it’s still unclear how the money will be divided among the • Foundation Center-f d n c e n t e r. o r g states. The funding is subject to congressional appropriations, so the total amount is uncer- • Grants and Related Resource s s - tain. ww w. l i b . m s u . e d u / h a r r i s 2 3 / g r a n t s . p r i v. h t m The Water Resources Education Network of the League of Women Voters of For more information on financing Pennsylvania-Citizen Education Fund has, for options, see Appendix B. almost a decade, provided small grants to community coalitions undertaking water TE C H N I C A L AS S I S T ANCE AND resources education activities. Projects may IN-KIND SERVI C E S relate to protection of drinking water sources or to groundwater protection. Funding for the The Small Water Systems Technical grant program now comes from the Assistance Center (DEP) and the Pennsylvania Department of Environmental Pennsylvania Rural Water Association offer Protection. free technical assistance to rural public water The Community Foundation for the supply systems. A municipality may encour- Allegheny accepts proposals from nonprofit age area environmental consulting firms, for organizations for the Western Pennsylvania example, to donate their time to the delin- Watershed Protection Program funded by the eation of wellhead protection zones. Staff of Howard Heinz Endowment and the the Penn State Cooperative Extension office Katherine Mabis McKenna Foundation. The nearest you can provide technical guidance program supports community-based water- and information sources. shed protection programs emphasizing non- The Rensselaerville Institute in New York point pollution control, land management also offers technical assistance of various and acquisition, environmental education, kinds (www.tricampus.org; and riparian zone protection. [email protected]; 518-797- There are hundreds of foundations, both 3783). philanthropic and corporate, that fund envi- And don’t sell your citizens short. Citizen ronmental initiatives. Some are national or volunteers could help gather data about international; others are regionally focused. It water use within the municipality. is wise to start by demonstrating success with Marlborough Township in Montgomery a small regional grant and then build up to a County effectively used such in-kind services larger one. Some foundations that are region- during the organization of a local groundwa- ally based or have a regional focus in Penn- ter education project. Volunteers compiled sylvania include the Heinz Endowment and mapped domestic well data obtained (www.heinz.org) and The Pittsburgh from DEP and town residents. A local hydro- Foundation (www.pittsburghfoundation.org) geologist helped sort out the data and assess in southwestern Pennsylvania; the Pew the area’s groundwater resources. Charitable Trusts (www.pewtrusts.com), the

38 Appendix A:

The Legal Basis for Groundwater Protection in Pennsylvania

A number of federal and state laws The federal Safe Drinking Water Act directly or indirectly address issues related to (SDWA) also applies to groundwater protec- groundwater quality. This federal and state tion, primarily through the Wellhead legislative authority provides a context within Protection Program adopted in the 1986 which local governments can implement poli- amendments. The Underground Injection cies for groundwater protection. Program, another part of the SDWA, regu- lates injection activities, especially waste Federal Legislative Authority injection into wells (including shallow “dry wells” in automotive repair facilities). Federal laws form the basis for many en- Yet another part of the SDWA is the Sole vironmental protection activities through reg- Source Aquifer Designation Program, which ulation, standard-setting, and permit pro- protects aquifers that supply at least 50 per- grams (Table 7). However, because the states cent of the drinking water for an area. This administer most federal environmental laws, designation by EPA means that no federal it is sometimes difficult to determine which funds may be used for projects that could activities come under federal jurisdiction. In contaminate the aquifer. The only sole source addition to administration, the state govern- aquifer entirely in Pennsylvania is the Seven ment may provide support and coordinate Valleys Aquifer in York County. The New activities at the regional or local level. Jersey Coastal Plain Aquifer lies partly in Under the auspices of the 1972 Federal Pennsylvania. Water Pollution Control Act (FWPCA) and the 1977 Clean Water Act and its 1987 amend- Regional Compact Commissions ments, the nation has been working for many years to eliminate water pollution. Efforts Regional river basin commissions have have concentrated more on cleaning up and some authority over surface- and groundwa- protecting surface water than groundwater, ter use throughout most of Pennsylvania. The especially the efforts initiated under the Delaware River Basin Commission (DRBC) FWPCApermit program for discharges to and the Susquehanna River Basin Com- streams, rivers, and lakes (the National mission were established in 1960 and 1971, Pollution Discharge Elimination System). respectively, by compacts between the basin However, groundwater protection is definite- states and the federal government. The com- ly included: the act requires reporting on both pacts authorize the two commissions to surface and groundwater contamination and review and approve projects withdrawing establishes the Groundwater Quality Protec- more than an average of 100,000 gallons per tion Program. This broad program requires day for any consecutive thirty-day period EPA to plan for groundwater quality protec- from a groundwater or surface water source tion and monitoring. EPA’s plan, developed within their respective basins. The DRBC also in 1991, places primary responsibility for pro- requires permits for all groundwater tecting groundwater resources at the state withdrawals that exceed 10,000 gallons per level and encourages states to develop pro- day within special groundwater protection grams that address groundwater protection areas in a five-county region of southeastern comprehensively rather than the potential Pennsylvania where groundwater is limited. sources of contamination individually. The Ohio River Valley Water Sanitation Commission (ORSANCO) is more concerned

39 with water quality than quantity. The supplies, identifies contaminants for which moni- Commission monitors water quality condi- toring is required, and identifies sources of con- tions on the river and regulates wastewater tamination within the assessment area. Wellhead discharges through the implementation of protection programs may fulfill this requirement pollution control standards. for systems using groundwater. (See section A.6 for more information on source water assessment and protection.) Highlights of the Safe Drinking The 1996 amendments also require that EPA Water Act Amendments of 1996 establish guidelines for water conservation plans for community water systems. After the guide- The Safe Drinking Water Act as amended in lines are published, a state may require that a 1996 includes provisions for a multi-billion dollar community water system have a water conserva- Drinking Water State Revolving Fund, monitor- tion plan before receiving a grant or loan from the ing relief, source water assessment programs, state revolving loan fund. water conservation planning, and consumer confi- The amendments also require public water dence reports. suppliers to provide customers with annual “con- The national Drinking Water State Revolving sumer confidence reports” on contaminants in Fund allows states to make grants and low-inter- their drinking water, the source of their water, and est loans to community water suppliers. Loans definitions of terms. may finance expenditures that “facilitate compli- ance with national primary drinking water regu- Pe n n s y l v a n i a ’ s Legal Authority lations.” Pennsylvania’s share of the federal money for FY 2001 alone was almost $25 million. The lack of a single law for groundwater Fifteen percent of the money is set aside for loans protection makes comprehensive manage- to small water systems serving fewer than 10,000 ment of groundwater in Pennsylvania some- people. In addition, these small systems may what difficult. Nevertheless, the state’s vari- receive up to 2 percent of the fund for technical ous mandates and regulations offer local gov- assistance. ernment officials a useful foundation for local The ‘96 SDWA amendments also authorized groundwater protection programs (see Table $15 million per year between 1997 and 2003 for 8). state grants to develop groundwater protection The Pennsylvania Clean Streams Act, first programs. passed in 1937, regulates discharges to the The amendments required that by August state’s waters. The Pennsylvania Safe 1998, EPA review drinking water monitoring Drinking Water Act of 1984 (amended in requirements for at least 12 contaminants and 1996), which is administered by DEP’s Bureau make any necessary modifications. States may of Watershed Management, implements the grant monitoring relief to systems that have federal Safe Drinking Water Act in approved wellhead and source water protection Pennsylvania. This law regulates the safety of programs. Eligibility for monitoring relief is based drinking water supplied by public water sys- on evidence provided by the water supplier to the tems, allowing DEP to set standards for state that a contaminant is not present in the drinking water contaminants for which no water supply or is consistently below maximum federal standards exist. Unlike the federal contaminant levels. Only contaminants associated law, however, it does not provide for regula- with the land use activities surrounding the well- tion of underground injection activities. head must be monitored regularly. Parameters A third law, the Water Well Drillers ineligible for monitoring relief include microbial License Act of 1956, is not regulatory and contaminants, disinfection byproducts, and corro- does not set standards for the construction of sion byproducts. wells. It was designed instead to acquire A state that chooses to change its monitoring groundwater information from the mandated requirements must adopt a source water assess- filing of well logs for new wells, including in- ment program. The assessment program delineates formation on location, yield, rock strata areas that provide source water for public water tapped, and well design. Even in this goal,

40 Table 7. Federal Laws and Programs Pertaining to Grou n d w a t e r

The U.S. Environmental Protection Agency (EPA) has most of the responsibility for federal activi- ties relating to the quality of drinking water. Other agencies, such as the departments of Ag r i c u l t u r e, Interior, and Energy , and the Army Corps of Engineers, also have some jurisdiction over activities affecting grou n d w a t e r . The following are the major federal laws that reg u l a t e gro u n d w a t e r .

Clean Water Ac t- r egulates pollutant discharges from point sources, req u i r es development of sur- face water quality criteria, provides funding for construction of sewage treatment plants, and authorizes states to develop controls for nonpoint source pollution and groundwater prot e c t i o n strategies. (see www.e p a . g o v / re g i o n 5 / d e f s / h t m l / c w a . h t m )

Co m p r ehensive Environmental Response, Compensation, and Liability Act (CERCLA or Su p e r f u n d ) - authorizes EPA to clean up contamination caused by chemical spills or hazardo u s waste sites that could or do pose threats to the environment. Amendments in 1986 authorize citi- zens to sue violators and establish “community right-to-know” programs. (see ww w. e p a . g o v / re g i o n 5 / d e f s / h t m l / c e rc l a . h t m )

Federal Insecticide, Fungicide, and Rodenticide Ac t -authorizes EPA to control the use of pesti- cides that have the ability to leach into grou n d w a t e r . (see ww w. e p a . g o v / re g i o n 5 / d e f s / h t m l / f i f r a . h t m )

Re s o u r ce Conservation and Recovery Ac t- r egulates the storage, transportation, treatment, and disposal of solid and hazardous wastes to prevent contaminants from leaching into grou n d w a t e r fr om municipal landfills, undergr ound storage tanks, surface impoundments, and hazardo u s waste disposal facilities. (see www.e p a . g o v / re g i o n 5 / d e f s / h t m l / rc r a . h t m )

Safe Drinking Water Ac t -authorizes EPA to set standards for maximum levels of contaminants in drinking water, to regulate undergr ound injection wells, to designate areas that rely on a single aquifer for their water supply, and to establish a nationwide program that encourages states to develop programs to protect public water supply wells. (see ww w. a w w a . o rg / g o v t a ff / a d v i s o r / s d w a s u m . h t m )

Toxic Substances Control Ac t -authorizes EPA to control the manufacture, use, storage, distribu- tion, and disposal of toxic chemicals. (see www.e p a . g o v / re g i o n 5 / d e f s / h t m l / t s c a . h t m )

Water 2000 was the Clinton administration’s initiative to solve critical drinking water quantity, qu a l i t y , or reliability problems for many rural homes. At least 2.5 million Americans lack safe, plentiful, and reliable drinking water. This loan and grant program, which was administered by the U.S. Department of Ag r i c u l t u r e (USDA), had, as of July 2000, invested $2.5 billion in critical pr ojects. Pennsylvania had the second greatest monetary need among all the states. The Rural Utilities Service estimated in 1995 that almost 62,000 households in Pennsylvania had serious drinking water issues and that it would cost $923 million to rectify these problems. (see ww w. u s d a . g o v / r us/watr2000/index.htm)

41 though, the law has fallen far short of its prevention techniques, regulations, and reme- intent, for it has not produced reliable data. diation will be applied as needed. Pesticide Although the act does require well drillers to applicators are encouraged to use best man- be licensed, no testing is required to get the agement practices in the storage and applica- license, and the program does not provide for tion of pesticides. As of early 2001, EPA was certification, bonding, or enforcement of the still reviewing the strategy, so it is not yet program. This may account for the high per- final. (See www.dep.state.pa.us/dep/sub- centage of wells in Pennsylvania with struc- ject/involved/pasmp.htm). tural deficiencies. Pennsylvania is one of the few states that does not set standards for pri- vate wells. Although DEP is the primary The Storage Tank and Spill Prevention agency responsible for grou n d - Act of 1989 regulates installation and opera- water programs, other state tion of storage tanks, both aboveground and underground, and tank facilities, and estab- agencies conduct significant lishes protocols for reporting and cleaning up activities as well. spills. In December 1996, DEP finalized a tech- nical guidance document entitled, “Principles The Pennsylvania Nutrient Management for Ground Water Pollution Prevention and Act (Act 6 of 1993) established a multi-agency Remediation.” The document provides an effort led by the State Conservation overview of the importance of groundwater Commission to manage the flow of farm resources, establishes criteria for identifica- nutrients, primarily nitrogen, in the state. tion of priority groundwater areas for pollu- Nitrogen from animal waste can enter tion prevention, and provides a reference to streams and groundwater and, in high con- current DEP groundwater monitoring guid- centrations, be harmful or even fatal to ance and cleanup activities. (See infants. The act aims to increase farm efficien- http://www.dep.state.pa.us/dep/subject/all cy and prevent nonpoint source pollution of _final_technical_guidance/wsc/361_0800_001 surface water and groundwater. Only farms .htm). classified as “concentrated animal opera- Although DEP is the primary agency re- tions” (having greater than two animal units sponsible for groundwater programs, other per acre of land suitable for manure applica- state agencies conduct significant activities as tion on an annualized basis (an animal unit is well. The state Department of Agriculture, for 1,000 pounds of animal weight) are required example, works with the farming community to develop and implement nutrient manage- to reduce contamination from agricultural ment plans. Agencies and organizations sources. involved in the implementation of this legis- The Pennsylvania Department of lation include the Pennsylvania Department Agriculture (PDA) developed a draft of Agriculture, DEP, county conservation dis- Pesticides and Groundwater Strategy to lay a tricts, and Penn State Cooperative Extension. framework under which PDA can manage PDA has several low interest loan and grant certain pesticides, as required by EPA. The programs available to help fund development strategy was developed to protect all ground- and implementation of nutrient management water sources from degradation. The strategy plans. requires that regular monitoring be done before and after the pesticide application sea- Judicial Authorization: Case Law son. If monitoring reveals groundwater con- tamination with pesticide(s), PDA will apply The established system of property rights the maximum contaminant level (MCL-high- in this country is based on what can be seen est level of a contaminant that is allowed by on the land surface. This system evolved dur- federal regulations in safe drinking water) to ing a time when little was known about the measure the extent of degradation. Pollution flow of groundwater or its vulnerability.

42 Consequently, in the absence of any compre- 3. The regulation cannot be a taking without hensive groundwater management plan for just compensation. the state, Pennsylvania courts have allowed landowners to use groundwater under their Municipalities Planning Code land as they choose with no regard for the needs of neighbors. This “American rule” The Pennsylvania Municipalities means that “Each owner is entitled to take Planning Code (MPC) delegates to municipal- what he can get; the deepest well and the ities the power to control land use. Sections of most powerful pump wins” (Ground-water the MPC pertaining to water supply (see also Law in Pennsylvania, Water Resources in Table 9 and section C.8) state: Pennsylvania, p. 223). It also means that the courts have no way to prevent conflicts from arising among water users; the disputes can • Zoning should carry out policy goals of the be adjudicated only after damage is incurred. municipality’s statement of objectives [sec. As for the judicial standing of local regu- 603(a)]; lations concerning groundwater, two points should be made. One, local governments • The comprehensive plan shall include a have the power to regulate only if no conflict water supply plan, as well as provisions for exists with state laws. Two, Pennsylvania’s the protection of water supply sources [sec. “Environmental Rights Amendment” to the 301(b)]; state constitution provides a powerful basis for the protection and preservation of natural •A zoning ordinance can regulate de- resources in the state. Interpretations of this velopment to assure safe, reliable, and ade- amendment have indicated that governing quate water supply [sec. 603(d)]; bodies, including local government, have a duty to protect common property, such as • The list of purposes for zoning specifically groundwater. includes protection of aquifers [sec. 604(1)]; In its handbook, Guiding Growth: Building Better Communities and Protecting • Optional land use controls include: cluster Our Countryside, the Pennsylvania lot design and zoning, planned residential Environmental Council listed three doctrines development (PRD), and transfer of devel- by which local regulations, including the opment rights (TDR); exercise of police power to protect public health and safety, will be judged constitution- • An official map is a type of land use reg u - al: lation that can be used to reserve private land for use as public open space, flood 1. The adoption of the regulation must have co n t r ol, storm water management, involved substantive due process. That is, drainage easements, and other public uses it must relate directly to the health, safety, [sec. 401(a)]. morals, or general welfare of the commu- nity; it must not be unduly restrictive in Through the authority of the its impact upon the owner of the rel a t e d Municipalities Planning Code and other pr operty; and it must not be exclusionary. aspects of the legal and constitutional frame- work described earlier, local governments 2. The regulation must not deny any person may select from a wide assortment of institu- equal protection of the law. tional tools to protect and manage their groundwater resources.

43 Go v e r n o r ’s Center for Local menting the state’s land use objectives (which Government Services include preservation of farmland and open space, planned growth in designated areas, The Center for Local Government and encouragement of regional cooperation), Services, created in 1999 within the advising local governments on the tools avail- Department of Community and Economic able to help manage growth, and encouraging Development, is the principal state entity re- regional cooperation on planning and zoning. sponsible for land use planning assistance The amount of money available in the state and monitoring. Among the Center’s goals budget for comprehensive and sound land are developing and disseminating an invento- use planning has increased ten-fold in recent ry of sound land use practices, providing years. (See www.dced.state.pa.us). assistance to local governments in imple-

44 Table 8. Pennsylvania Laws and Programs Pertaining to Grou n d w a t e r The Pennsylvania Department of Environmental Protection has the responsibility for administering most of Pennsylvania’s laws that relate to groundwater protection. Other agencies with jurisdiction include the Department of Ag r i c u l t u r e, the Department of Labor and Industry, the Department of Con- servation and Natural Resources, and the State Conservation Commission. Clean Streams Law (Act 394 of 1937, as amended)-authorizes DEP to regulate discharges to the waters of the Commonwealth, both surface water and grou n d w a t e r . Dam Safety and Encroachment Ac t (Act 325 of 1978, as amended)-regulates activities in the waters of the Commonwealth, including the construction of encroachments or the filling in of wetlands. Gr owing Greener Initiative (Act 68 of 1999)-Governor Ridge’s program to invest nearly $650 million by 2005 in farmland preservation, open space protection, elimination of the maintenance backlog in state parks, cleaning up abandoned mines, restoring watersheds, and building and upgrading water and sewer systems. Municipalities Planning Code (Act 247 of 1968, as amended)-authorizes municipalities to regulate land use and req u i r es the inclusion of a water supply plan in municipalities’ comprehensive plans. Nutrient Management Ac t (Act 6 of 1993)-establishes a multi-agency effort to manage farm nutrients in the state and to prevent nonpoint source pollution of surface and grou n d w a t e r . Ad m i n i s t e r ed by the State Conservation Commission. The Oil and Gas Ac t (Act 223 of 1984) regulates the drilling, operation and closure of oil and gas wells. Pesticide Control Ac t (Act 24 of 1974, as amended)-authorizes the Department of Ag r i c u l t u r e to reg u l a t e the labeling, distribution, storage, transportation, use, application, and disposal of pesticides with reg a r d to food safety. Safe Drinking Water Ac t (Act 43 of 1984, as amended)-authorizes DEP to implement the federal safe drinking water program in Pennsylvania and to develop maximum contaminant levels for substances for which no standard has been set by EPA. Does not authorize the state to regulate undergr ound injec- tion wells. Sewage Facilities Ac t ( Act 537 of 1965, as amended)-req u i r es municipalities to develop plans for man- aging sewage. Solid Waste Management Ac t (Act 97 of 1980, as amended)-authorizes DEP to regulate management of solid waste, including municipal, residual (non-hazardous industrial), and hazardous waste. Other laws relating to waste management include the Municipal Waste Planning, Recycling, and Waste Reduction Act (Act 101 of 1988), the Land Recycling and Environmental Remediation Standards Act (Act 2 of 1995), which establishes cleanup standards (including for groundwater) based on health and environ m e n t a l risks, and the Hazardous Sites Cleanup Act (Act 102 of 1988, as amended), which authorizes DEP to investigate hazardous sites and to clean up sites that are releasing hazardous substances. Storage Tank and Spill Prevention Ac t (Act 32 of 1989, as amended)-regulates installation and operation of storage tanks, both aboveground and undergr ound, and tank facilities, and establishes protocols for reporting and remediating spills. Stormwater Management Ac t (Act 167 of 1978)-req u i r es counties to develop watershed-based stormwa- ter management plans that address surface water and groundwater concerns. Surface Mining and Conservation and Reclamation Ac t (Act 418 of 1945, as amended)-regulates the sur- face mining and hydrologic impact of coal mining. Mining of noncoal materials is regulated by the Noncoal Surface Mining and Conservation Act (Act 219 of 1984). Water Rights Ac t (Act 365 of 1939)-provides for allocation of surface water supplies. Water Well Drillers Licensing Ac t (Act 1840 of 1956)-req u i r es any person who drills a well to be licensed. Worker and Community Right-to-Know Ac t (Act 159 of 1984)-req u i r es employers and chemical suppli- ers to provide information on the identity and dangers of hazardous substances used in the workplace.

45 Table 9. Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended) Selected Provisions Related to Water and Watershed Prot e c t i o n Section 10 7 ( a ) – D e f i n i t i o n s Minerals–any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, ver- miculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas. Water Survey-an inventory of the source, quantity, yield, and use of groundwater and surface water res o u r ces within a municipality. Section 209.1 (7.1)-Powers and Duties of Planning Ag e n c y Pre p a r e and present to the governing body and the municipality a water survey, which shall be consistent with the State Water Plan and any applicable water res o u r ces plan adopted by a river basin commission. The water survey shall be conducted in consultation with any public water supplier in the area to be surveyed. Section 301-Preparation of Comprehensive Plan (a) The municipal, multimunicipal, or county comprehensive plan, consisting of maps, charts, and textual ma t t e r , shall include, but need not be limited to, the following related basic elements: (6) A plan for the protection of natural and historic res o u r ces to the extent not preempted by feder- al or state law. This clause includes, but is not limited to, wetlands and aquifer rec h a r ge zones, woodlands, steep slopes, prime agricultural land, flood plains, unique natural areas and historic sites. (7) In addition to any other req u i r ements of this act, a county comprehensive plan shall: (i) Identify land uses as they relate to important natural res o u r ces and appropriate utilization of existing minerals. (iii) Identify a plan for the preservation and enhancement of prime agricultural land and encour- age the compatibility of land use regulation with existing agricultural operations. (b) The comprehensive plan SH A L L include a plan for the reliable supply of water, considering curren t and future water res o u r ces availability, uses and limitations, including provisions adequate to protect water supply sources. Any such plan shall be consistent with the State Water Plan and any applicable water res o u r ces plan adopted by a river basin commission. It shall also contain a statement recognizing that: (1) Lawful activities such as extraction of minerals impact water supply sources and such activities ar e governed by statutes regulating mineral extraction that specify replacement and restoration of water supplies affected by such activities. (2) Commercial agriculture production may impact water supply sources. Section 503-Contents of Subdivision and Land Development Ordi n a n c e Subdivision and land development ordinances may include: (10) Provisions and standards for insuring that new developments incorporate adequate provisions for a reliable, safe and adequate water supply to support intended uses within the capacity of avail- ab l e resources. Section 503.1-Water Supply Every ordinance adopted pursuant to this article shall include a provision that, if water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the governing body or planning agency, as the case may be, that the subdivision or development is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority, or utility.A copy of the Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an applica- tion for such certificate, a cooperative agreement or a commitment or agreement to serve the area in ques- tion, whichever is appropriate, shall be acceptable evidence. Section 603–Zoning Ordinance Provisions (b) Zoning ordinances may permit, prohibit, regulate, restrict and determine: (1) Uses of land, water courses and other bodies of water. (3) Ar eas and dimensions of land and bodies of water to be occupied by uses and struc t u r es, as well as ar eas, courts, yards, and other open spaces and distances to be left unoccupied by uses and struc t u re s . (5) Protection and preservation of natural and historic res o u r ces and prime agricultural land and activities. (d) Zoning ordinances may include provisions regulating the siting, density and design of residential,

46 Table 9. (continued) commercial, industrial and other developments in order to assure the availability of reliable, safe and adequate water supplies to support the intended land uses within the capacity of available water resources. Section 605–Classifications Additional classifications may be made within any district: (2) For the regulation, restriction or prohibition of uses and structures at, along or near: (ii) natural or artificial bodies of water, boat docks and related facilities; (iii) places of relatively steep slope or grade, or other areas of hazardous geological or topo- graphic features; (vii) flood plain areas, agricultural areas, sanitary landfills, and other places having a special character or use affecting and affected by their surroundings. (3) For the purpose of encouraging innovation and the promotion of flexibility, economy and ingenuity in development, including subdivisions and land developments as defined in this act and for the purpose of authorizing increases in the permissible density of population or intensity of a particular use based upon expressed standards and criteria set forth in the zoning ordinance. (4) For the purpose of regulating transferable development rights on a voluntary basis. Section 608.1-Municipal Authorities and Water Companies (a) A municipal authority, water company or any other municipality that plans to expand water, sanitary sewer or storm sewer service via a new water extension to a proposed development that has not received any municipal approvals within the municipality shall notify the municipality by certified mail, return receipt requested, of its intention and shall provide the municipality an opportunity to provide written comment on whether the proposed expansion of service within the municipality is generally consistent with the zoning ordinance. (b) The purpose of the requirement in this section is to provide the municipal authority, water company, or any other municipality with information regarding how its decision to expand service may poten- tially enhance and support or conflict with or negatively impact on the land use planning of munici- palities. Section 705(j) –Standards and Conditions for Planned Residential Development Provisions adopted pursuant to this article shall include a requirement that, if water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the planned residential development, applicants shall present evidence to the governing body or planning agency, as the case may be, that the planned residential development is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility.A copy of the Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement, or a commitment or agree- ment to serve the area in question, whichever is appropriate, shall be acceptable evidence. Section 1101-Intergovernmental Cooperative Planning and Implementation Agreement-Purposes It is the purpose of this article: (8) To ensure that new public water and wastewater treatment systems are constructed in areas that will result in the efficient utilization of existing systems, prior to the development and construction of new systems. (9) To ensure that new or major extension of existing public water and wastewater treatment systems are constructed only in those areas within which anticipated growth and development can adequately be sustained within the financial and environmental resources of the area. 10) To identify those areas where growth and development will occur so that a full range of public infra- structure services, including sewer, water, highways, police and fire protection, public schools, parks, open space and other services, can be adequately planned and provided as needed to accommodate the growth that occurs. Section 1106-Specific Plans (a) Participating municipalities shall have authority to adopt a specific plan for the systematic implemen- tation of a county or multimunicipal comprehensive plan for any nonresidential part of the area covered by the plan. Such specific plan shall include a text and a diagram or diagrams and implementing ordi- nances which specify all of the following in detail: (1) The distribution, location, extent of area and standards for land uses and facilities, including design of sewage, water, drainage and other essential facilities needed to support the land uses. Prepared by Stanford Lembeck, AICP, Extension Community Planner, Penn State Extension, College of Agricultural Sciences, Nov. 1990. Revised by Lembeck, March 1997. Revised by Joy Drohan, Nov. 2000.

47 48 Appendix B:

Publications and Videos about Groundwater and Groundwater Protection Publication ordering information

Publications of the U.S. Environmental Protection Agency are available through the National Center for Environmental Publications and Information (NCEPI). You can search all NCEPI pub- lications at www.epa.gov/ncepihom/catalog.html. To orde r , call (800) 490-9198; fax (513) 489- 8695; www.e p a . g o v / n c e p i h o m / o r derpub.html; P.O. Box 42419, Cincinnati, OH 45242-2419.

The U.S. Geological Survey publishes data on water quality and quantity for individual states and for the whole country in hard copy and digital format. USGS Information Services, Denver Federal Center, Box 25286, Denver, CO 80225; phone (888) ASK-USGS; fax (303) 202-4693; ww w. u s g s . g o v / p u b p r od

To order publications from the Pennsylvania Department of Environmental Prot e c t i o n , call: (717) 787- 4686; [email protected]; www.dep.state.pa.us, “cyberlibrary”. See also the direct link “s o u r ce water” from DEP’s home page for downloadable publications on wellhead and source water prot e c t i o n .

To obtain copies of publications from the Department of Conservation and Natural Resource s - Pennsylvania Geological Survey, write: Pennsylvania Geological Survey, P.O. Box 8453, Harrisburg, PA 17105-8453; or call: (717) 787-2169; jzipperer @ d c n r .state.pa.us

The Water Resources Education Network (WREN), a project of the League of Women Voters of Penn- sylvania Citizen Education Fund has available many publications produced with their support and by other organizations. The project also has an extensive library of videos available for loan. Call (800) 692-7281; wren @ p a . l w v. o r g or http://pa.lwv.o rg / w re n / p u b l i c a t i o n s . h t m l

The Gr oundwater Foundation, based in Nebraska, offers a number of publications, many relating to teaching children about grou n d w a t e r . Call: (800) 858-4844; fax: (402) 434-2742; info@grou n d w a - te r. o r g or www.g ro u n d w a t e r. o rg / c a t a l o g / C a t _ b a e . h t m

Penn State College of Agricultural Sciences of fers a large collection of publications, slide/tape, and video programs on topics such as agriculture, natural res o u r ces, community affairs, and the oper- ation and maintenance of private water wells and septic systems. Single copies of most publica- tions are available free of charge. Write: Publications Distribution Center, The Pennsylvania State Un i v e r s i t y , 112 Agricultural Administration Building, University Park, PA 16802-2602; call: (814) 865-6713; fax: (814) 863-5560; [email protected]; pubs.cas.psu.edu/

Grants/Funding Prog r a m s Action Guide for Source Water Funding: Small Town and Rural. 1997. National Center for Small Com- munities. Cost of postage. Washington, DC. Call: (202) 624-3550; fax: (202) 624-3554; ww w. n a t a t . o rg / n s c s / p u b l i c a t i o n s . h t m

Alternative Funding for Agricultural Best Management Practices in Pennsylvania. Drohan, J.R. and C. W . Abdalla. 1999. Penn State University, College of Agricultural Sciences, Cooperative Exten- sion. University Park, PA. 19 pp.

49 Catalog of Federal Funding Sources for Watershed Prot e c t i o n . 1999. U.S. Environmental Prot e c t i o n Ag e n c y . EPA841-B-99-003. www.epa.gov/OWOW/watershed/wacademy/fund.html Presents information on many federal funding sources (grants and loans) that may be used to fund a variety of watershed protection projects.

Di r ectory of Pennsylvania Foundations. 1998. Triadvocates Press in cooperation with the Free Library of Philadelphia. P.O. Box 336, Springfield, PA 19064-0336. Call: (610) 544-6927. Pr ofiles of more than 1,500 foundations in Pennsylvania with assets of $150,000 or more and/or total grant support of more than $7,500, based on 1996 or 1997 rec o r ds. Al s o available on CD-ROM.

Pennsylvania Grants Guide. 1998-2000. Pennsylvania Association of Nonprofit Orga n i z a t i o n s . 1 3 2 State St., Harrisburg, PA 17101. www.p a n o . o r g. Call: (717) 236-8584. Pr ofiles of 614 funding sources in Pennsylvania.

Gr oundwater Basics Gr ound Water and Surface Wat e r , A Single Resource . 1998. U.S. Geological Survey Circular #1139.

Gr oundwater: A Primer for Pennsylvanians. 2000. League of Women Voters of Pennsylvania Citizen Education Fund and Penn State Cooperative Extension. (12 pp.) E-mail wren @ p a . l w v. o r g or call (800) 692-7281. Describes groundwater and discusses issues surrounding groundwater protection and management. Clear illustrations help make technical concepts understandable.

Sustainability of Grou n d - W ater Resource s . 1999. U.S. Geological Survey Circular #1186. Call (717) 73 0 - 6 9 1 6 . Written for a wide audience to illustrate the hydrologic, geologic, and ecological concepts that must be considered to assure the wise and sustainable use of our precious grou n d - water res o u r ces.

Land Use The Costs of Sprawl in Pennsylvania. 2000. 10,000 Friends of Pennsylvania. Executive summary (14 pp.) is free; full report (90 pp.) costs $10. www.1 0 0 0 0 f r i e n d s . o r g; e-mail [email protected]; call (877) 568-2225. Reports on the hidden costs of sprawl, how big they are, and who pays for them.

The EAC Handbook: A Guide for Pennsylvania’s Municipal Environmental Advisory Councils. 1996. PA En v i r onmental Council. Free from PEC, (800) 322-9214. Explains the roles and responsibilities of EACs, provides sample projects, and includes model EAC ordinances and bylaws.

Guiding Growth, Building Better Communities and Protecting Our Countryside. 1993. Robert E. Coughlin, Joanne R. Denworth, John C. Keene, John W. Rogers, and Robert F. Brown, Jr. Pennsylvania Environmental Council, 1211 Chestnut Street, Suite 900, Philadelphia, PA 19 1 0 7 $25.00 (800) 322-9214. A co m p r ehensive discussion of tools for planning and growth management allowed under Pennsylvania law. Of particular interest is a chapter on how to protect grou n d w a - ter res o u r ces. An appendix on techniques identifies where in Pennsylvania each has been ap p l i e d .

50 Implementation Manual for Multi-Municipal Planning. (due 2001). 10,000 Friends of Pennsylvania. ww w. 1 0 0 0 0 f r i e n d s . o r g; (877) 568-2225.

Ou t r each Strategies Community Groundwater Education in Pennsylvania: Lessons Learned from Successful Project Leaders. 1998. Penn State Cooperative Extension and League of Women Voters of Pennsylvania Citizen Education Fund. (21 pp.) E-mail: wren @ p a . l w v. o r g or call: (800) 692-7281. Tips on managing local education projects gleaned from the experiences of local leaders.

Getting in Step—A Guide to Effective Outreach in Your Community. 1999. Council of State Govern- ments. Call (606) 244-8228. A step-by-step guide to developing an outreach plan, creating outreach materials, and working with the media.

Pr otect Your Groundwater: Educating for Action. 1994. League of Women Voters Education Fund. Washington, D.C. Pub. #180, $6.95, plus shipping and handling. League of Women Voters of the United States, Washington, DC. Call (800) 287-7424.

Strategies for Effective Public Involvement: Drinking Water Source Assessment and Prot e c t i o n . League of Women Voters Education Fund. 1998. (50 pp.) Call (301) 362-8184; ww w. l w v. o rg / e l i b r a r y / p u b / w a t e r / d w _ 1 . h t m l

Top Ten Watershed Lessons Learned. 1997. U.S. Environmental Protection Ag e n c y , Office of Wetlands, Oceans, and Watersheds. EPA840-F-97-001. (60 pp.) Call (800) 832-7828; ww w .epa.gov/owow/lessons. Developed in partnership with more than 100 watershed practitioners, this document describes the top 10 lessons (positive and negative) learned in working to res t o r e and pr otect watersheds across the nation. Includes examples to illustrate each lesson, plus key contacts and res o u r ces for networking.

Nonpoint Source Pollution Nonpoint Pointers—Understanding and Managing Nonpoint Source Pollution in Your Community. 1996. U.S. Environmental Protection Ag e n c y . EPA841-F-96-004, A-K. A series of fact sheets on controlling nonpoint source pollution.

Pollution Paralysis II-Code Red for Wat e r s h e d s . 2000. National Wildlife Federation. (89 pp.) $6.00. Call (734) 769-3351; www.n w f . o r g/watersheds Analyzes and grades federal and state programs for protecting waters from polluted run o f f (PA gets a C). Explains the use of TMDLs to protect watersheds and discusses the pr oposed EPA rules and how they can be improved.

Pr otecting Groundwater from Pesticides: A Clean Water Action Guide. 2000. Friends of the Earth. (50 pp.) Call 202-783-7400. A guide to informed participation in the debate about pesticide management in your own backyard.

Section 319 Success Stories: Volume II. 1997. U.S. Environmental Protection Ag e n c y . EPA8 4 1 - R - 9 7 - 001. (220 pp.) Describes successful nonpoint source projects ranging from information and educational pr ograms to highly technical applications of nonpoint source control technology.

51 Watershed Protection and Management

Drinking Water Handbook for Public Officials. 1996. National Drinking Water Clearinghouse, Wes t Vir ginia University, P.O. Box 6064, Morgantown, WV 26506-6064; (304) 624-8301. Pr ovides information to help public officials understand water systems operations, including information on relevant regulations, water sources and distribution, and opera- tion and maintenance issues.

Drinking Water Source Assessment and Protection Workshop Guide. The Groundwater Foundation. ww w. g ro u n d w a t e r. o r g/catalog/Cat_bae.htm. Phone (402) 434-2740; fax (402) 434-2742; in f o @ g ro u n d w a t e r. o rg . Enables anyone with an interest in grou n d w a t e r , surface water, and drinking water quali- ty/quantity to present a community workshop on these topics.

Fr om Assessment to Action: Protecting Small and Rural County Public Water Source s . National Center for Small Communities. Washington, DC. (202) 624-3550; Fax: (202) 624-3554. Cost of postage or fr ee download at www.n a t a t . o rg / n c s c / A c t i o n _ G u i d e / a s s e s s m e n t % 2 0 _ _ t o _ a c t i o n . h t m Discusses the process of source water assessment and how to proceed after assessment.

A Guide to Wellhead Prot e c t i o n . 1995. Witten, J. and S. Horsley. American Planning As s o c i a t i o n , Chicago, IL. $34. (312) 786-6344; www.p l a n n i n g . o r g A report designed for planners, local officials, and the public; includes overview of gr oundwater hydrology and contamination, planning tools, and financing.

Pr otecting Sources of Drinking Water: Selected Case Studies in Watershed Management. 1998. U.S. Envi- ronmental Protection Ag e n c y , EPA 816-R-98-019. www.epa.gov/ safewater/swp/cstudy.h t m l Describes the experiences of 17 drinking water suppliers in funding and implementing so u r ce water protection activities.

So u r ce Water 2000: Funding and Assistance Programs to Protect Small Town and Rural Drinking Wat e r . National Center for Small Communities. Washington, DC. (202) 624-3550; Fax: (202) 624-3554. Cost of postage or free download at http://www.n a t a t . o r g/ncsc/publications.htm Discusses ways to get support for small town and rural county concerns and how com- munities, companies, farmers, and state agencies can work together to preserve drinking water quality and reduce future water treatment and monitoring costs.

So u r ce Water Assessment and Protection (SWAP) Booklet. The Groundwater Foundation. ww w. g ro u n d w a t e r. o r g/catalog/Cat_bae.htm. Phone (402) 434-2740; fax (402) 434-2742; in f o @ g ro u n d w a t e r. o r g Discusses the importance of and protocol for source water assessment and protection.

Watershed Events. U.S. Environmental Protection Ag e n c y , Office of Water and Wet l a n d s . ww w. e p a . g o v / O W O W / i n f o / Wa t e r E v e n t s N e w s / Newsletter provides timely information about the development and implementation of the watershed approach and about achieving watershed goals. The emphasis is on miti- gating the threats to ecosystem and human health and involving stakeholders in taking action in an integrated, holistic manner.

Water Policy News. Water Resources Education Network of Pennsylvania League of Wom e n Vot e r s - C E F . Call (800) 692-7281; wren @ p a . l w v. o r g or http://pa.lwv.o rg / w re n / p u b l i c a t i o n s . h t m l Fr ee newsletter highlights projects funded through this initiative, as well as relevant state laws and programs, upcoming conferences and events, new res o u r ce materials, and grant opportunities.

52 Watershed Protection: A Pr oject Focus. 1995. U.S. Environmental Protection Ag e n c y . EPA8 4 1 - R 9 5 - 004. (108 pp.) www.e p a . g o v / o w o w / w a t e r s h e d / f o c u s / i n d e x . h t m l Describes one aspect of the watershed approach—developing watershed-specific pro- grams. Provides a blueprint for designing and implementing watershed projects, includ- ing ref e r ences and case studies for specific elements of the process.

Watershed Wee k l y (newsletter). Pennsylvania Organization for Watersheds and Rivers and the En- vi r onmental Fund for Pennsylvania. www.Wa t e r s h e d We e k l y. o r g Highlights successful watershed protection efforts and provides a calendar of workshops and other events and ideas for helping solve problems in your watershed.

Wellhead Protection: A Guide for Small Communities. 1996. National Drinking Water Clearinghouse, West Vir ginia University, P.O. Box 6064, Morgantown, WV 26506-6064; (304) 624-8301. Pr ovides small communities with information to help them plan for groundwater prot e c - tion and manage a wellhead protection plan. Includes information about financing and the various agencies involved.

Why Wat e r s h e d s ? 1996. U.S. Environmental Protection Ag e n c y . EPA800-F-96-001. (8 pp.) ww w. e p a . g o v / o w o w / w a t e r s h e d / w h y. h t m l Explains why states are turning to watershed management as a means for achieving gr eater results from their programs.

Watershed Monitoring Designing Your Monitoring Program: A Technical Handbook for Community-based Monitoring in Penn- sy l v a n i a . 2000. Citizens Volunteer Monitoring Program. www.dep.state.pa.us, direct link “water ma n a g e m e n t ” Pr ovides a thorough briefing on volunteer monitoring effo r t s - - h o w , why, where- - i n Pe n n s y l v a n i a .

Lakewalk Manual: A Guidebook for Citizen Participation. 1996. U.S. Environmental Protection Ag e n c y . EP A910-B-95-007. (25 pp.) Pr esents tools for citizens to use in assessing and protecting lakes.

Monitoring Consortiums: A Cost-Effective Means to Enhancing Watershed Data Collection and Analysis. 1997. EPA 841-R-97-006 (37 pp.) Call (800) 832-7828. www.e p a . g o v / O W O W / w a t e r s h e d / w a c a d e - my / i t s . h t m l Ad d r esses coordination in watershed monitoring. Also includes four case studies that demonstrate how consortiums can stretch the monitoring dollar, improve cooperation among partners, and increase sharing of expertise as well as expenses of data collection and management.

Ch i l d re n ’ s Materials Making Wav e s . The Groundwater Foundation. $12.75. Describes how to put on a children’s water festival.

Making a Bigger Splash. The Groundwater Foundation. $12.75 A collection of water education activities.

Making Discoveries. The Groundwater Foundation. $13.50. Gr oundwater activities for classroom and community.

53 USGS Water Resources--Education Resources. water.u s g s . g o v / e d u c a t i o n . h t m l

Pe n n s y l v a n i a ’ s Water Resource s The Geology of Pennsylvania’s Grou n d w a t e r , 1999. Fleeger, G.M. Pennsylvania Geologic Survey Edu- cational Series No. 3, Bureau of Topographic and Geologic Survey, Harrisburg. (34 pp.) Call (717) 787-2169; e-mail [email protected] t a t e . p a . u s . Describes the basics of groundwater in relation to geology in Pennsylvania.

Pennsylvania Groundwater Reports and Maps. Department of Conservation and Natural Resource s , Bu r eau of Topographic and Geologic Survey.

Water Use and Water Rights in Pennsylvania, A Status Report from the Common Ground Project on Water Resources for Pennsylvania’s Future. 1998. (24 pp.) The League of Women Voters of Pennsyl- vania-Citizen Education Fund, 226 Forster Street, Harrisburg, PA 17102. e-mail: wre n @ l i b e r t y n e t . o r g or call: (800) 692-7281. Pr ovides a brief introduction to the basics of water law and identifies gaps in the curren t institutional framework and options to be considered for changes in Pennsylvania’s water management system.

Waterborne Diseases Cryptosporidium and Giardia…Are They in Your Drinking Wat e r ? 1999. PA DE P . Describes these disease-causing parasites, the illnesses they cause, and what to do if you suspect your water is contaminated. Free from ww w. d e p . s t a t e . p a . u s / d e p / d e p u t a t e / w a t e r m g t / w s m / w s m _ d w m / c o m p l i a n / c r y t o - g i a r - di a . h t m .

54 Appendix C: Glossary

Aq u i f e r -a geologic formation that contains Pl u m e -a cohesive body of contaminated water in usable quantities. water from a specific source that rou g h - ly keeps its shape as it moves throu g h Aq u i t a r d -a geologic formation above or an aquifer. below an aquifer that allows little or no water to pass through; also called a co n - Po l l u t a n t -a contaminant in groundwater oc- fining bed. curring in sufficient quantity to make water unfit for its intended use. Ca p t u r e zone-the land areas that drain into a pumping well; the size of the zone Po ro s i t y -a measure of the capacity of rocks to depends on the pumping rate—grea t e r hold water; related to the number and pumping rates will increase the size of type of small openings (pores) they con- the capture zone. ta i n .

Cone of depres s i o n -the cone-shaped area Re c h a rg e -the replenishment of grou n d w a t e r ar ound a water well where the grou n d - by percolation of surface water. water level dips as water is pumped ou t . Re c h a r ge area -the area of land surface from which water percolates to an aquifer. Confined aquifer-an aquifer with a nonporou s layer of clay or rock above it. Saturated zone-formations of rock and soil un d e rg r ound that are filled to capacity Gro u n d w a t e r -water in the fully saturated un- with water. de rg r ound formations of rock and soil. Soil water-water in the unsaturated soils near Gr oundwater basin-an undergr ound area that the land surface. receives rec h a r ge water from the land surface and from which grou n d w a t e r Unconfined aquifer-aquifer that does not di s c h a r ges to the surface. have a nonporous layer of clay or roc k above it. Hy d r ologic cycle-the circulation of water from air as rain or snow, to land and water Water table-the upper boundary of the satu- bodies and undergr ound, eventually to rated zone where there is no overlying return to the air. impermeable layer; the top of an uncon- fined aquifer. Karst topography-limestone bedrock with sinkholes, caves, and solution channels. Wellhead protection area -the surface and sub- surface area surrounding a public water Le a c h a t e -the liquid that drains from landfills supply well, wellfield, or spring and dumps as rain water and snow melt th r ough which contaminants are rea s o n - seep through; it often contains contami- ably likely to move toward and rea c h nants dissolved from buried ref u s e . the water source .

Pe rc o l a t i o n -movement of surface water Zone of saturation-the subsurface area where th r ough the pores of soil and rocks to the pores of the soil and rock are satu- the water table. rated with water; the top of this zone is the water table. Pe r m e a b i l i t y -the capacity of rocks and soil to allow water to pass throu g h .

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