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Safe Drinking Water Act (“SDWA”). Compare CWA & SDWA. Where Does My Drinking Water Come From?. 53% from groundwater individual wells community wells 47% from surface water river lakes reservoirs. Hydrologic Cycle. Evapotranspiration. Pumping Well. Precipitation. Road with
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Where Does My Drinking Water Come From? • 53% from groundwater • individual wells • community wells • 47% from surface water • river • lakes • reservoirs
Hydrologic Cycle Evapotranspiration Pumping Well Precipitation Road with Catchbasin Septic System Recharge Stream Aquifer Ground Water / Surface Water Interaction
Sources of Drinking Water • Surface water • Ground water • Ground water under the direct influence of surface water • Desalinated sea water • Rain water
The Drinking Water Cycle Homes or Businesses Source (aquifer, lake, etc.) Water System Distribution System Sewer Lines Septic System Wastewater Plant Infiltration Discharge
•••• Pathways of Contamination
Topics • General Approach of SDWA • Standards • Public Disclosure
Protecting Drinking Water • Historically responsibility of individual states • 1974 Congress passed Safe Drinking Water Act • SDWA amended again in 1986 and 1996
History of Drinking Water Regulation First-known treatment EPA established Regulation as local health issue Early Federal involvement Early State regulations 1974-1996 Early1800’s Mid-1900s 300 BC Early 1900s 1970 Evolving Federal involvement SDWA and amendments enacted Early recognition of water-disease link
Basic Approach of SDWA • Minimum national standards • Established by EPA • To protect citizens from • Harmful contaminants • In drinking water • Enforced and implemented by states
Two Types of DW Standards • Primary • Health based • legally enforceable • form= Maximum Contaminant Levels (“MCL”) • Secondary • Cosmetic or aesthetic based • non-enforceable guideline
Who Must Comply With Standards? • Public Water Systems • 15 or more service connections; or • serve 25 or more people for at least 60 days • Individual Wells • NOT regulated
Four Step Process to Set Primary Standards • Identify list of water contaminants • Establish priorities from list • regulate 5/ monitor 30 every 5years • Set Maximum Contaminant Level Goal • “MCLG” • Finalize Maximum Contaminant Level • “MCL”
MCLG and MCL • Maximum Contaminant Level Goal (“MCLG) • health based number with margin of safety • ignores limits of detection & technology • carcinogen = 0 • non-enforceable
MCLG and MCL • Maximum Contaminant Level • MCL • Enforceable • Set as close to MCLG as feasible • technologically • economically
MCL In Place • EPA has issued over 80 MCL’s • 170,000 public water systems in the United must test for these 80 contaminants • How many Systems are violating the MCL’s? • About 8% nationally
Is Bottled Water Safer Than Tap Water? • EPA regulates tap water under SDWA • Food and Drug Administration regulates bottled water as a food product • Should meet same health standards • NSF International, an independent non-profit organization , certifies some brands of bottled drinking water
Public Disclosure • Notification of Violations • PWS must notify customers of any MCL violation • Within 24 hrs if serious short term human health effects • Consumer Confidence Reports
Consumer Confidence Reports • Added by 1996 amendments to SDWA • Required annually starting in 1999 • By mail, newspaper & Web [depending on size]
Content of CCR • Source of Drinking Water • Susceptibility to contamination • Level of contamination • Likely source of contamination • Potential health effects
Legal Options To Improve Drinking Water • SDWA provides Funding to improve systems • Citizen suit under SDWA is available • SDWA contains “imminent hazard” authority for EPA
North Carolina GroundwaterStatutes & Regulations • Public Water Systems [SDWA] • Capacity Use & Interbasin Transfers • Water Resources Statute • GW Standards
Water Resources StatuteBasic Approach • Groundwater Classification • Groundwater Quality Standards • Enforcement of the Standards
Groundwater Classifications • Best Use = Drinking Water • GA [freshwater] • GSA [saltwater] • GC [contaminated]
Groundwater Standards • Maximum Allowable Concentration • 80 Plus listed chemicals • “2L” standards • Non- Listed Chemicals • Not permitted above detection
Groundwater EnforcementTwo Steps • Notification • Corrective Action
Other NC Groundwater Statutes • Oil Pollution & Hazardous Substance Control Act [OPHSCA] • Underground Storage Tanks (UST) • NC Well Construction Act