I
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 Representa-
tives 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 Serv-
ice 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 crit-
ical aquifer protection area (as defined in section 1427)
unless the State, municipal, or local government (or inter-
state regional planning entity) that has authority or juris-
diction over such area has adopted a comprehensive man-
agement plan for the critical aquifer protection area which
plan meets the following requirements:
‘‘(A) The objective of the comprehensive man-
agement 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 envi-
ronment, and ground water resources. In order to
achieve such objective, the plan may be designed to
maintain, to the maximum extent possible, the natu-
ral 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 po-
tential point and nonpoint sources of ground
water degradation.
‘‘(iii) An assessment of the relationship be-
tween activities on the land surface and ground
water quality.
‘‘(iv) Specific actions and management
practices to be implemented in the critical pro-
tection 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 contin-
gency planning as it pertains to the mainte-
nance 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 imple-
mentation of the plan described in this sub-
section in a manner that will ensure the contin-
ued, uniform, consistent protection of the criti-
cal protection area in accord with the purposes
of this section.
‘‘(B) During the development of the comprehen-
sive management plan, the planning entity shall con-
sult 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 com-
ment on any aspect of the plan.
‘‘(2) Nothing in this subsection shall affect the appli-
cation of section 118(c) of the Superfund Amendments
and Reauthorization Act of 1986.’’.