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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1283 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1283

To amend the Federal Water Pollution Control Act and the Safe Drinking 
       Water Act to provide protection for sole source aquifers.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 1993

Mr. Gallo introduced the following bill; which was referred jointly to 
      the Committees on Energy and Commerce and Public Works and 
                             Transportation

_______________________________________________________________________

                                 A BILL

 
To amend the Federal Water Pollution Control Act and the Safe Drinking 
       Water Act to provide protection for sole source aquifers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sole Source Aquifer Protection Act 
of 1993''.

SEC. 2. PROTECTION FOR SOLE OR PRINCIPAL SOURCE AQUIFERS.

    Section 1424 of title XIV of the Public Health Service Act, 
commonly known as the Safe Drinking Water Act (42 U.S.C. 300h-3), is 
amended by adding at the end the following:
    ``(f)(1) After the date of the enactment of the Sole Source Aquifer 
Protection Act of 1993, no person may construct a landfill or land 
treatment facility within a critical aquifer protection area (as 
defined in section 1427) unless the State, municipal, or local 
government (or interstate regional planning entity) that has authority 
or jurisdiction over such area has adopted a comprehensive management 
plan for the critical aquifer protection area which plan meets the 
following requirements:
            ``(A) The objective of the comprehensive management plan 
        shall be to maintain the quality of the ground water in the 
        critical protection area in a manner expected to protect human 
        health, the environment, and ground water resources. In order 
        to achieve such objective, the plan may be designed to 
        maintain, to the maximum extent possible, the natural 
        vegetative and hydrogeological conditions. Each of the 
        following elements shall be included in the plan:
                    ``(i) A map showing the detailed boundary of the 
                critical protection area.
                    ``(ii) An identification of existing and potential 
                point and nonpoint sources of ground water degradation.
                    ``(iii) An assessment of the relationship between 
                activities on the land surface and ground water 
                quality.
                    ``(iv) Specific actions and management practices to 
                be implemented in the critical protection area to 
                prevent adverse impacts on ground water quality.
                    ``(v) Identification of authority adequate to 
                implement the plan.
                    ``(vi) Requirements designed to maintain existing 
                underground drinking water quality or improve 
                underground drinking water quality if prevailing 
                conditions fail to meet drinking water standards, 
                pursuant to this title and State law.
                    ``(vii) A comprehensive statement of land use 
                management including emergency contingency planning as 
                it pertains to the maintenance of the quality of 
                underground sources of drinking water or to the 
                improvement of such sources if necessary to meet 
                drinking water standards pursuant to this title and 
                State law.
                    ``(viii) Actions in the special protection area 
                which would avoid adverse impacts on water quality, 
                recharge capabilities, or both.
                    ``(ix) A program for State and local implementation 
                of the plan described in this subsection in a manner 
                that will ensure the continued, uniform, consistent 
                protection of the critical protection area in accord 
                with the purposes of this section.
            ``(B) During the development of the comprehensive 
        management plan, the planning entity shall consult with, and 
        consider the comments of, appropriate officials of any 
        municipality and State or Federal agency which has jurisdiction 
        over lands and waters within the special protection area, other 
        concerned organizations and technical and citizen advisory 
        committees. The planning entity shall conduct public hearings 
        at places within the special protection area for the purpose of 
        providing the opportunity to comment on any aspect of the plan.
    ``(2) Nothing in this subsection shall affect the application of 
section 118(c) of the Superfund Amendments and Reauthorization Act of 
1986.''.

SEC. 3. FEDERAL WATER POLLUTION CONTROL ACT.

    Section 101(a) of the Federal Water Pollution Control Act (33 
U.S.C. 1251(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) it is the national policy that a comprehensive 
        management plan to protect surface, ground, and navigable water 
        be promulgated before any State, municipal, or local government 
        or interstate planning entity authorizes a landfill or land 
        treatment facility over a critical aquifer protection area (as 
        defined by section 1427 of the Public Health Service Act).''.

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