(1) General
Requirements
(a) The requirements of this rule
constitute Public Water System Drinking Water Source Protection Regulations,
including wellhead protection regulations for public water systems utilizing
ground water sources and source protection regulations for public water systems
utilizing surface water sources. These regulations establish a statewide
program for development and implementation of wellhead protection plans by
public water systems (PWS) and source water contamination assessment and
planning for surface water supplies. These regulations are intended to protect
aquifers and surface water bodies used as potable water supply sources by
public water systems from contamination due to hazardous and/or toxic
substances entering the ground water or surface water.
1. Ground Water Source
A PWS using a
ground source shall prepare a Wellhead Protection Plan which determines a
wellhead protection area and identifies significant potential contaminant
sources which may have any adverse effect on the health of persons and
potential contaminant sources within the area. Each PWS using a ground water
source must implement the approved Wellhead Protection Plan and a Wellhead
Protection Program. Each PWS using a ground water source shall also develop and
maintain a contingency response plan as further specified in paragraph (4) of
this rule. The wellhead protection plan shall be submitted for approval by the
Department and be available for inspection during subsequent sanitary surveys
or other inspections.
2.
Surface Water Source
A PWS using a surface water source shall prepare and
annually update a contaminant source inventory of significant potential
contaminant sources which may have any adverse effect on the health of persons
and potential contaminant sources within the source water protection area. The
contaminant source inventory and subsequent updates for surface water based
systems shall include the notifications roster, response committee designees
and other portions of the emergency operations plan pertaining to source water
protection implementation. The contaminant source inventory with the required
information from the emergency operations plan shall be submitted to the
Department every three (3) years starting on December 31, 2006 and be available
for inspection during subsequent sanitary surveys or other inspections.
(c) The requirements
specified in this rule shall be considered minimum requirements and shall not
prevent the PWS from taking additional steps as desired to protect its wells,
springs, wellfields, or surface water intakes.
(d) Terms not specifically defined in this
rule shall be as defined in the Tennessee Safe Drinking Act (T.C.A.
§§
68-221-701
et seq.) and the Tennessee Water Quality Control Act (T.C.A. §§
69-3-101
et seq.). For purposes of this rule, the following terms are defined as
follows:
1. "Abandoned well" means any well
the use of which has been accomplished or permanently discontinued because
necessary operating equipment has been removed or a well is in such a state of
disrepair that continual use for the purpose for which it was constructed is
impractical. A well shall be considered permanently discontinued if it has not
been used for a two (2) year period and is not included as a part of the
wellhead protection plan as either an emergency backup well or future growth
well for the water system. Emergency backup wells and future growth wells must
be properly maintained and/or secured. Emergency wells that are not in
continuous use must be properly maintained, pumped and tested at least
annually. Wells used for the regular, ongoing, collection of water-levels,
water-quality, or other scientific measurements are not abandoned, but are
considered observation wells. Observation wells must be properly maintained and
have adequate protection to prevent their becoming a route for contamination.
Aquifers of Tennessee
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Image
2.
"Aquifer" means a geologic formation, portion thereof, or group of formations
(including overlying unconsolidated material) which contains and is capable of
yielding a sufficient quantity of ground water to serve as a domestic or public
water supply or other use.
3.
"Confined Aquifer" means an aquifer bounded above and below by layers of
geologic material with sufficiently low hydraulic conductivity to hamper
movement of water into and out of the aquifer.
4. "Critical Source Water Protection Zone"
means the surface water body and adjacent land area from one half (1/2) mile
downstream of the intake to five (5) miles upstream of the public water system
intake, including a one thousand (1000) foot corridor parallel to the
designated stream banks and any perennial streams which are tributaries to that
stream.
5. "Ground Water" means any
waters of the State as defined in T.C.A. §
69-3-103
(Tennessee Water Quality Control Act), occurring below the surface of the
ground not contained by artificial barriers.
6. "Leaky Confined Aquifer" means a confined
aquifer whose bounding layer of geologic material of lower hydraulic
conductivity is sufficiently permeable to transmit water from the overlying
unconfined aquifer into the semi-confined (leaky) aquifer.
7. "Karst" means limestone, shaley limestone,
dolomite, and/or shaley dolomite rock terrain characterized by highly
directional ground water flow in discrete channels or conduits in the form of
solutionally enlarged fractures, faults and/or bedding planes. It is not
required for karst surface features to be present in the form of sinkholes,
disappearing streams, caves and springs for the karst definition to be
applicable. This definition includes both conduit flow conditions and flow
conditions through microfractures and along bedding planes. Areas of the State
of Tennessee which are considered to meet this definition are further
identified in Figure 1.
8.
"Significant Potential Contaminant Source" means a facility or activity that
involves the handling of materials that could readily be introduced into the
water supply source via spill, leakage, intentional discharge or other release
of contaminants and presents a likely threat to drinking water quality and the
public health. Significant potential contaminant sources would include, but not
be limited to, the following: automotive shops, service stations, automotive
body shops, junkyards, salvage yards, machine shops, metal fabrication shops,
chemical manufacturers, electronic and electrical equipment manufacturers, boat
manufacturers, oil distributors, petroleum bulk stations and terminals, bus and
truck terminals, storage or mixing areas for commercial fertilizers, pesticides
and herbicides; landfills, construction debris landfills, dumps, sludge
spreading or landfills; facilities that generate, treat or dispose of hazardous
waste; concentrated animal feedlots, golf courses, and mining areas.
9. "Source Water Management Zone (SWMZ)"
means the surface water body and adjacent area that encompasses the water body,
tributaries and adjacent land area more than five (5) miles upstream of a
public water system intake that includes the remainder of the appropriate
watershed within that hydrologic unit.
Zone A (Inner SWMZ) is the surface
water body and adjacent area that is five (5) to fifteen (15) miles upstream of
a public water system intake, including a one thousand (1000) foot corridor
parallel to the designated stream banks and any perennial streams which are
tributaries to that stream.
Zone B (Outer SWMZ) is the surface
water body and adjacent area that is more than fifteen (15) miles upstream of a
public water system intake, including a one thousand (1000) foot corridor
parallel to the designated stream banks and any perennial streams which are
tributaries to that stream.
10. "Source Water Protection Area" means the
area upgradient of a public water supply source through which contaminants are
reasonably likely to reach such water source. "Source water protection areas"
specifically include those areas defined as source water protection areas for
surface water intakes and wellhead protection areas for public ground water
withdrawal sources.
11. "Wellhead
Protection Area" means the surface and subsurface area surrounding a waterwell,
wellfield or spring supplying a public water system, through which contaminants
are reasonably likely to move toward and reach such water well, wellfield or
spring.
(e) Each public
water system using a ground water source shall complete and maintain its
Wellhead Protection Plan within the time set forth in subparagraph (g) of this
paragraph. The wellhead protection plan shall include emergency backup wells
and wells designated for future growth. Each ground water public water system
is designated per size in categories as set forth in table
0400-45-01-.34(1)(e). Size categories are determined by the number of
connections and the amount of water produced. The designation of Public Water
Supply categories for systems with ground water sources for purposes of this
rule are as follows:
TABLE 0400-45-01-.34(1)(e)
Public Water
System Categories For Systems With Ground Water Sources
|
Category 1:
|
(a)
|
Community PWS
with less than 100 connections and less than 20,000 gallons per day (gpd)
average daily production
|
|
|
(b)
|
All
Noncommunity PWS
|
|
Category
2:
|
(a)
|
Community PWS with 100 to 999 connections and less than 315,000 gpd
average daily production.
|
|
|
(b)
|
Community PWS
with less than 100 connections and 20,000 to 314,999 gpd average daily
production.
|
|
Category 3:
|
(a)
|
Community PWS with 1000 to 2999 connections and less than 1,000,000 gpd
average daily production.
|
|
|
(b)
|
Community PWS
with less than 1000 connections and 315,000 to 999,999 gpd average daily
production.
|
|
Category 4:
|
(a)
|
Community PWS with 3,000 or more connections.
|
|
|
(b)
|
Community PWS with less than 3,000 connections and
1,000,000 gpd or greater average daily production.
|
(f) Each PWS using
a ground water source shall perform the following tasks, in accordance with
their size category as further set forth in paragraph (2) of this rule and in
published guidance.
1. Each PWS shall take
photographs and perform field measurements, pursuant to the appropriate size
category, in the delineation of their wellhead protection area (Zones 1 and 2
in part 2. of this subparagraph).
2. Each PWS shall designate two zones of
protection for their ground water source:
(i)
"Wellhead Protection Zone" (Zone 1) -- the zone adjacent to the well or spring
where the PWS well or spring actively draws the water which supplies the well
or spring, where contamination could enter the aquifer alongside the well
casing or be drawn into the cone of depression of the well. The distance for
this zone shall be a fixed radius set forth in part 3. of this subparagraph.
This zone may be later modified by Departmental approval to reflect
hydrogeologic conditions using the same methods acceptable for the Wellhead
Management Zone below. Zone 1 requires the highest level of
protection.
(ii) "Wellhead
Management Zone" (Zone 2) -- the zone surrounding the Wellhead Protection Zone
which is delineated on the basis of ground water flow direction and recharge,
where contamination is reasonably likely to move toward and reach the well or
spring. However, the Wellhead Management Zone for Category 1 systems shall be a
fixed radius of 750 feet.
3. The Wellhead Protection Zone (Zone 1)
shall be designated as the following radius:
|
(i) Category 1:
|
250 feet
|
|
(ii) Category
2:
|
500 feet
|
|
(iii) Category 3:
|
750 feet
|
|
(iv) Category
4:
|
750 feet
|
4. The Wellhead
Management Zone (Zone 2) for Category 1 systems shall be designated as the area
encompassed from the 250 foot radius (Zone 1) to a 750 foot radius. For PWS
Categories 2 through 4, Zone 2 shall be as set forth in paragraph (2) of this
rule.
5. Each PWS shall notify the
governing county body and county/regional planning commission of the
designation of the Zones in parts 3. and 4. of this subparagraph, per the
Tennessee Safe Drinking Water Act, T.C.A. §§
68-221-701
et seq. once a wellhead protection plan has been developed and approved and at
each update of the plan. The PWS shall describe the concept of Wellhead
Protection and Wellhead Management Zones and provide a topographic map or other
suitable map of a scale of 1:24000 (1 inch=2000 feet) or better with the
designated area marked. The PWS shall also provide a statement of the intent to
pursue a Wellhead Protection Program, soliciting the governing body and
planning commission's cooperation. PWS are encouraged to provide
representatives for local emergency planning committees.
6. Each PWS shall perform a Potential
Contaminant Source Inventory within its designated Wellhead Protection and
Wellhead Management Zones to identify all potential contaminant sources located
within those zones. For the purposes of this rule, a potential contaminant
source shall be defined as any facility, structure, enterprise, function or
activity occurring or present within a wellhead protection or management zone
which may, as a result of either the normal or abnormal operation thereof,
release to the ground waters any pollutant, material or contaminant substance
as defined in T.C.A. §§
69-3-101
et seq. (Tennessee Water Quality Control Act). Examples of land uses and
activities which are considered to be potential contaminant sources will be
further described in the guidance document to be published by the Department.
The potential contaminant source inventory must be submitted to the Department
by the time set forth in subparagraph (g) of this paragraph.
7. Each PWS shall submit a Wellhead
Protection Plan for Department approval. Plans shall consider hazardous
chemical use, storage, spill response notification and contingency planning. In
addition, plans shall include public education and participation, proposed
local ordinances, proposed zoning changes and other institutional controls. The
Plans shall also include provisions for periodic updating. The PWS shall
implement the Wellhead Protection Plan as set forth in subparagraph (g) of this
paragraph.
8. As the Wellhead
Protection Plan is implemented, the PWS shall document any land management
strategies available to it which have been employed. Documents may include, but
are not limited to the following: ordinances, codes, permits, memoranda of
understanding, and public education programs.
9. A PWS may apply to the Department for an
extension of the time frame to submit the wellhead protection plan to the
Department. The request must be in writing and set forth the basis for the
request. A system must provide the following information and data to the
Department with a request for an extension:
(i) Number of wells;
(ii) Size of the wellfield;
(iii) Size of zone 1 and zone 2;
(iv) Technical data;
(v) Steps and procedures the PWS has
implemented to achieve compliance with these rules; and
(vi) Any other information required by the
Department.
10. The
Department shall determine whether to grant an extension of this requirement.
The Department shall consider the following factors in its determination:
(i) Technical determination of the zone
areas; and
(ii) The activities the
PWS has implemented to achieve compliance with these rules.
11. The Department shall either
grant or deny a request for an extension of the timeframe to submit the
wellhead protection plan. The term of the extension shall be set by the
Department, however, the term of the extension shall not exceed three (3)
years. A system may request, in writing, that the extension be continued for an
additional three (3) years upon good cause shown. The Department shall review
and, where appropriate, revise its determination when relevant data or
information becomes available.
12.
PWS which do not comply with this rule in the development of a Wellhead
Protection Plan shall not be eligible for waivers from monitoring requirements
for chemicals for which MCL's have been established as set forth in Rules
0400-45-01-.09
and
0400-45-01-.10.
13. A change within the Wellhead Protection
area will require an updated Plan. A significant increase in average daily
production rates (greater than 25%) and significant new potential contamination
sources shall require alteration of the Plan. For purposes of this rule, a
significant potential contamination source is defined as any facility,
structure, enterprise, function or activity occurring or present within a
wellhead protection or management zone which due to an activity or the release
of contaminant substances resulting from the normal or abnormal operation of
such activity, may present an immediate or increased risk of contamination of
the ground waters supplying a spring, well, or wellfield. Updates regarding
potential contaminant source inventories shall be performed at least every
three years or when significant new potential sources are discovered. The
revisions should address any changes in the hydrogeology, delineation of the
protection areas, potential contamination sources, and land management
strategies. The Department may request an update to the Plan due to change in
hydrogeologic conditions (including increased pumping rates) or changes in
potential contamination sources which may increase the risk of contamination of
the PWS.
14. The PWS shall comply
with the terms set forth in paragraph (2) of this rule, to delineate the
Wellhead Management Zone. The Department must be notified prior to dye traces
being run which may impact a public water system. A dye trace plan must be
submitted to the Department for approval. The plan must include the date of the
test, the duration of the test, the type and amount of the dye to be injected
and any other information the Department requires for evaluation of the test.
Dye trace results must also be submitted to the Department.
15. The Wellhead Protection Plan shall
include a procedure for notifying the Department of any condition which may
impact the provisions of the wellhead protection plan or water supply. The PWS
shall establish a procedure for notifying the owner or operator of any
potential contaminant source which is believed to be discharging substances
which may endanger the water supply of the PWS.
This notification shall
cite the provisions of the Tennessee Safe Drinking Water Act specifically
including the language in T.C.A. §
68-221-711(5)
(i.e., "The discharge by any person of sewage or any other waste or contaminant
at such proximity to the intake, well or spring serving a public water system
in such a manner or quantity that it will or will likely endanger the health or
safety of customers of the system or cause damage to the system" is prohibited)
and this rule, as well as any local ordinances which implement or support the
wellhead protection plan. Such notification to the owner or operator shall also
request the owner or operator to abate the activity or discharge. A copy of
such notification shall be submitted to the Department.
(g) Public Water Systems Using a
Ground Water Source
A PWS using a ground water source must make the
following submissions to the Department in the development and update of a
Wellhead Protection Plan within the following timeframe:
1. Water systems with new ground water supply
sources shall have source approvals in writing by the Department prior to
initiation of operation as a public water supply source. An existing water
system that was previously not designated as a public water system shall have
sixty (60) days upon notification of the determination as a public water system
to submit source approval documentation for the Department's review. Source
approvals shall include a one-mile radius inventory of significant potential
contaminant sources for Category 2, 3 and 4 ground water supplies.
2. Category 2, 3 and 4 public water systems
shall submit a wellhead protection area for Department approval within 6 months
of operation of the new source. Where the source is in close proximity to an
existing withdrawal source such that the wellhead protection area does not
require modification, a request to include the new source in the existing
wellhead protection area may be submitted. Within one (1) year after the
initial operation of the new water source, a contaminant source inventory from
within the wellhead protection area and a wellhead protection plan shall be
submitted for Department approval. Category 1 ground water PWS shall have
wellhead protection plans submitted to the Department within ninety (90) days
of initial operation or notification of designation as a public water system by
the Department. Each ground water PWS shall notify in writing the governing
county body and county/regional planning commission of the designation of the
Zones in parts (f)3. and 4. of this paragraph, under the Tennessee Safe
Drinking Water Act, T.C.A. §§
68-221-701
et seq. upon completion of the wellhead protection plan and at subsequent
updates.
3. A review of the
potential contaminant source inventory must be performed at minimum annually by
the category 2, 3, and 4 community systems. Such review shall be documented and
kept on file at the water system office. Wellhead protection plans shall be
submitted to the Department on a three year cycle. Category 1 community systems
shall perform the reviews as a part of their required submittals to the
Department every three years with the submittal dates coinciding with the
category 2, 3, and 4 community submittals.
(i)
Noncommunity ground water systems shall submit their plans in a format
acceptable to the Department in a timeframe based on grand division. On or
before June 30, 2005, noncommunity ground water systems in the Western Grand
Division are required to submit their plans and every three years subsequently.
On or before June 30, 2006, noncommunity ground water systems in the Central
Grand Division are required to submit their plans and every three years
subsequently. On or before June 30, 2007, noncommunity ground water systems in
the Eastern Grand Division are required to submit their plans and every three
years subsequently. A change in ownership shall require the submission of a new
wellhead protection plan within ninety days of the change of
ownership.
(ii) Category 1, 2, 3,
and 4 community systems shall submit plans in a three year cycle. Once a plan
has been submitted, the PWS shall submit a new plan three years thereafter.
Complete plans to include contaminant source inventory maps and photographs
shall be submitted on or before December 31, 2016, and every three years
subsequently.
The addition of new significant potential contaminant
sources during the annual potential contaminant source inventory review shall
require an addendum to be submitted to the Department within ninety days of the
review.
(h) Public Water Systems Using a Surface
Water Source
A community or nontransient noncommunity PWS using a surface
water source must at minimum annually perform a survey within the Critical
Source Water Protection Zone for significant potential contaminant sources as
well as an inventory of wastewater and stormwater discharges permitted by the
Department within Zone A of the Source Water Management Zone. Source water
inventory updates for community surface water systems existing at the effective
date of this rule shall be submitted to the Department on or before December
31, 2006 and at three year intervals subsequently. Community and nontransient
noncommunity systems using a surface water source shall submit complete
contaminant source inventories, including maps, showing the potential
contaminant sources at three year intervals beginning on December 31, 2015. New
water supply sources shall have source approvals in writing by the Department
prior to initiation of operation as a public water supply source. An existing
water system that was previously not designated as a public water system shall
have sixty days upon notification of the determination as a public water system
to submit source approval documentation for the Department's review.
The emergency operations plan for community surface water systems shall
include a procedure for notifying the Department of any condition which may
impact the water source. Community PWS shall establish a procedure for
notifying the owner or operator of any potential contaminant source which is
believed to be discharging substances which may endanger the water supply of
the community PWS.
This notification shall cite the provisions of
the Tennessee Safe Drinking Water Act specifically including the language in
T.C.A. §
68-221-711(5)
(i.e., "The discharge by any person of sewage or any other waste or contaminant
at such proximity to the intake, well or spring serving a public water system
in such a manner or quantity that it will or will likely endanger the health or
safety of customers of the system or cause damage to the system" is prohibited)
and this rule, as well as any local ordinances which implement or support
source water protection. Such notification to the owner or operator shall also
request the owner or operator to abate the activity or discharge. A copy of
such notification shall be submitted to the
Department.
(2)
Category-Specific Wellhead Protection Requirements
(a) Category 1 PWS
1. Photographs: Category 1 systems are
required to provide clear photographs of the spring/wellhead and photographs
taken North, Northeast, East, Southeast, South, Southwest, West and Northwest
from the spring/well vantage point (facing outward from the spring or well). If
the well or spring is enclosed in a building, the photographs shall be taken at
a point as near as possible to the well/spring that allows a view of the
surrounding property.
2. Area
Delineation: The minimum Zone 1 area for Category 1 PWS shall be set as a 250
foot radius of the well or spring. The minimum Zone 2 area shall be set as the
area from the 250 foot radius to a 750 foot radius of the well or spring. If
the Department determines these radii do not provide sufficient protection for
a specific PWS, these zones may be enlarged or modified.
3. Contaminant Source Inventory: Category 1
PWS are required to perform a potential contaminant source inventory within
Zones 1 and 2. These sources are to be indicated on a topographic map or other
suitable map with a scale of 1:24000 (1 inch=2000 feet) or better. The
wellhead/spring and Zones 1 and 2 must be clearly marked, along with an
inventory of sources in tabular form. Guidelines for performing a contaminant
source inventory will be included in the published guidance.
4. Wellhead Protection Plan: The Plan to be
provided by Category 1 PWS shall consist of the required photographs, Zone 1
and 2 marked on the topographic map, the contaminant source inventory, and the
steps the PWS is taking to protect the area within Zone 1. The steps must
include plans for hazardous chemical storage on the property, hazardous
chemical use within Zone 1, plans for spill response and may include posting as
a wellhead protection area in the immediate vicinity of the well or spring.
Other provisions may also be included. Two copies of the Plan shall be provided
to the Division of Water Resources.
5. Wellhead Protection Program: Once the
Wellhead Protection Plan has been approved by the Department, the PWS shall
notify the governing county body and county/regional planning commission that a
Wellhead Protection Program is in place and deliver copies of the Plan to such
bodies. The PWS shall then implement the Plan and document progress. As a part
of wellhead protection, the PWS shall maintain proper management of potential
contaminant sources under its control and the proper construction of the spring
or well and associated devices as specified in Design Criteria for Community
Water Systems as developed under paragraph (3) of Rule
0400-45-01-.05
and in compliance with the provisions of the Water Well Act, T.C.A. §
69-11-106(10).
(b) Category 2 PWS
1. Field Measurements/Photographs: Category 2
systems are required to collect water level elevation data from area wells to
determine local ground water flow directions, water table slope (hydrologic
gradient) and local ground water recharge basins. Category 2 PWS's are also
required to provide the same photographs specified for Category 1 in part
(2)(a)1. of this rule.
2. Area
Delineation: The minimum Zone 1 area for Category 2 shall be set as a 500 foot
radius of the well or spring.
(i) For a PWS
in counties west of the western extension of the Tennessee River, defined for
purposes of this rule as West Tennessee (Figure 1); Zone 2 shall be set as the
10 year Time-of-Travel (TOT). This area shall be calculated with the
Environmental Protection Agency's WHPA 2.0 Model, RESSQC Module using the mode
which considers well interference. USGS MODFLOW shall be an acceptable
alternative. Other modeling techniques must be approved in writing by the
Department.
The PWS may perform the modeling of the Wellhead Protection
area or may deliver the necessary information to the Department for the
modeling of the wellhead protection area. The PWS shall use the generated model
to determine the Wellhead Management Zone (Zone 2).
(ii) For Category 2 PWS in West Tennessee
using aquifers under confined conditions, the PWS's may use the leaky aquifer
scenario in the GPTRAC or Monte Carlo module of WHPA 2.0 or the MODFLOW leaky
aquifer scenario. For purposes of this rule, all confined aquifers in West
Tennessee shall be considered to be leaking.
(iii) For Category 2 PWS east of the
Tennessee River in karst and fractured rock areas (Figure 1), the collected
hydrogeologic information shall be used to delineate the upgradient portion of
the ground water recharge basin. The PWS may determine the upgradient portion
of the recharge basin; or may deliver the information to the Department for
assistance in delineating the basin. The delineated basin shall include direct
recharge points to the aquifer such as sinkholes and stormwater runoff wells.
All of Zone 1 shall be considered to lie within Zone 2.
3. Contaminant Source Inventory: Category 2
PWS are required to perform a potential contaminant source inventory within the
Zones 1 and 2 as further specified in part (a)3. of this paragraph. The
Wellhead Protection Plan should establish procedures to eliminate or minimize
the risk to the PWS from potential contamination sources.
4. Wellhead Protection Plan:
(i) The Plan to be provided by Category 2 PWS
shall consist of the required photographs, zones 1 and 2 marked on a
topographic map, the contaminant source inventory and the steps the PWS is
taking to protect/manage the wellhead protection area. The steps must include
plans for hazardous chemical storage on the property, hazardous chemical use
within Zones 1 and 2 and spill response notification in Zone 1. Other steps may
be included such as proposed local ordinances. Two copies of the Plan shall be
provided to the Division of Water Resources.
(ii) The Plan shall also include procedures
for reviewing, modifying, and updating the Plan.
(iii) The existence of the Plan shall be
included in the public water system's consumer confidence report.
5. Wellhead Protection Program:
Once the Wellhead Protection Plan has been approved by the Department, the PWS
shall notify the governing county body and county/regional planning commission
that a Wellhead Protection Program is in place and deliver copies of the Plan
to such bodies. If the Wellhead Protection Zones cross county lines, that
adjacent county must be notified. The PWS shall then implement the Plan and
document progress. As a part of wellhead protection, the PWS shall maintain
proper management of potential contaminant sources under its control. The PWS
shall request that it be allowed to review and comment on land management
issues in Zones 1 and 2 which may impact the ground water quality from all
appropriate local governing bodies.
(i) The
PWS shall submit to the Division of Water Resources copies of the letters and
other documentation to verify and document the compliance with part 5. of this
subparagraph.
(c) Category 3 PWS
1. Field Measurements/Photographs: Category 3
systems are required to collect water level elevation data from area wells to
determine local ground water flow directions, water table slope (hydrologic
gradient) and local ground water recharge basins. This information shall be
used by the PWS to generate a model of the wellhead protection area. Category 3
PWS are required to provide the same photographs as set forth for Category 1 in
part (a)1. of this paragraph. In addition, Category 3 PWS are required to
provide aerial photographs of the well/wellfield or spring for Zones 1 and
2.
2. Area Delineation: The minimum
Wellhead Protection Zone for Category 3 shall be set as a 750 foot radius of
the well or spring.
(i) For PWS in counties
west of the western extension of the Tennessee River defined for purposes of
this rule as West Tennessee, the Wellhead Management Zone shall be set as the
10 year Time-of-Travel (TOT).
This area shall be calculated with the
Environmental Protection Agency's WHPA 2.0 Model, RESSQC Module using the mode
which considers well interference. MODFLOW shall be an acceptable alternative.
Other modeling techniques must be approved in writing by the Department.
(ii) For Category 3 PWS in West
Tennessee (Figure 1) using aquifers under confined conditions, the PWS may use
the leaky aquifer scenario in the GPTRAC or Monte Carlo module of WHPA 2.0 or
the MODFLOW leaky aquifer scenario. For purposes of this rule, all confined
aquifers in West Tennessee shall be considered to be leaking.
(iii) For closely spaced wells where zones
overlap, the zones may be combined for a composite wellhead
protection/management zone. The zone cannot be downgraded to lesser protection
(Zone 1 areas override Zone 2 areas).
(iv) For Category 3 PWS east of the Tennessee
River in karst and fractured rock areas (Figure 1), the collected hydrogeologic
information shall be used to delineate the upgradient portion of the ground
water recharge basin. Zone 2 shall describe the area (inclusive of Zone 1) that
takes in the recharge basin upgradient of the wellhead/spring and shall include
direct recharge points to the aquifer such as sinkholes and stormwater runoff
wells.
3. Contaminant
Source Inventory: Category 3 PWS are required to perform a potential
contaminant source inventory within the Wellhead Management (Zone 2) and
Wellhead Protection Zones (Zone 1) as set forth in part (a)3. of this
paragraph. The Wellhead Protection Plan should establish procedures to
eliminate or minimize the risk to the PWS from potential contamination
sources.
4. Wellhead Protection
Plan:
(i) The Plan to be provided by Category
3 PWS shall consist of the required photographs, Zones 1 and 2 marked on a
topographic map, the contaminant source inventory, and the steps the PWS is
taking to protect/manage the wellhead protection area. The steps must at least
include plans for hazardous chemical storage on the property, hazardous
chemical use within Zones 1 and 2, spill response notification in Zone 1 and
proposed local ordinances in cooperation with the city or county government or
county/ regional planning commission. Two copies of the Plan must be provided
to the Division of Water Resources.
(ii) The Plan shall also include procedures
for reviewing, modifying, and updating the Plan.
(iii) The existence of the Plan shall be
included in the public water system's consumer confidence report.
5. Wellhead Protection Program:
Once the Wellhead Protection Plan has been approved by the Department, the PWS
shall notify the governing county body and county/regional planning commission
that a Wellhead Protection Program is in place and deliver copies of the Plan
to such bodies. If the Wellhead Protection Zones cross county lines, that
adjacent county must be notified. The PWS shall then implement the Plan and
document progress. As a part of wellhead protection, the PWS shall maintain
proper management of potential contaminant sources under its control. The PWS
shall request that it be allowed to review and comment on land management
issues in Zones 1 and 2 which may impact the ground water quality from all
appropriate local governing bodies.
(d) Category 4 PWS
1. Field Measurements/Photographs: Category 4
systems are required to collect water level elevation data from area wells to
determine local ground water flow directions, water table slope (hydrologic
gradient) and local ground water recharge basins. Category 4 PWS are required
to provide the same photographs as set forth for Category 1 in part (a)1. of
this paragraph. In addition, Category 4 PWS are required to provide aerial
photographs of the well/wellfield or spring for Zones 1 and 2.
2. Area Delineation: The minimum Zone 1 area
for Category 4 PWS shall be set as a 750 foot radius of the well or spring.
(i) For PWS in counties west of the western
extension of the Tennessee River, defined for purposes of this rule as West
Tennessee (Figure 1), Zone 2 shall be set as the 10 year Time-of-Travel (TOT).
This area shall be calculated with the Environmental Protection Agency's WHPA
2.0 Model, RESSQC Module using the mode which considers well interference.
MODFLOW shall be an acceptable alternative. Other modeling techniques must be
approved in writing by the Department.
(ii) For Category 4 PWS in West Tennessee
using aquifers under confined conditions, the PWS's may use the leaky aquifer
scenario in the GPTRAC or Monte Carlo module of WHPA 2.0 or the MODFLOW leaky
aquifer scenario. For purposes of this rule, all confined aquifers in West
Tennessee shall be considered to be leaking.
(iii) For closely spaced wells where zones
overlap, the zones may be combined for a composite wellhead
protection/management zone. The zone cannot be downgraded to lesser protection
(Zone 1 areas override Zone 2 areas).
(iv) For Category 4 PWS east of the Tennessee
River in karst and fractured rock areas (Figure 1), the collected hydrogeologic
information shall be used to delineate the upgradient portion of the ground
water recharge basin. The Wellhead Management Zone (Zone 2) shall describe the
area (inclusive of the Wellhead Protection Zone) that takes in the recharge
basin upgradient of the wellhead/spring. Zone 2 shall describe the area
(inclusive of the Zone 1) that takes in the recharge basin upgradient of the
wellhead/spring and shall include direct recharge points to the aquifer such as
sinkholes and stormwater runoff wells. All of Zone 1 shall be considered to lie
within Zone 2.
3.
Contaminant Source Inventory: Category 4 PWS are required to perform a
potential contaminant source inventory within the Wellhead Management (Zone 2)
and Wellhead Protection Zones (Zone 1) as set forth in part (a)3. of this
paragraph. The plan should establish procedures to eliminate or minimize the
risk to the PWS from potential contaminant sources.
4. Wellhead Protection Plan:
(i) The Plan to be provided by Category 4 PWS
shall consist of the required photographs, Zones 1 and 2 marked on a
topographic map, the contaminant source inventory, and the steps the PWS is
taking to protect/manage the wellhead protection area. The steps must, at
least, include plans for hazardous chemical storage on the property, hazardous
chemical use within Zones 1 and 2, spill response notification in Zone 1 and
proposed local ordinances in cooperation with the city or county government or
county/regional planning commission. Two copies of the Plan shall be provided
to the Division of Water Resources.
(ii) The Plan shall also include procedures
for reviewing, modifying, and updating the Plan.
(iii) The existence of the Plan shall be
included in the public water system's consumer confidence report.
5. Wellhead Protection Program:
Once the Wellhead Protection Plan has been approved by the Department, the PWS
shall notify the governing county body and county/regional planning commission
that a Wellhead Protection Program is in place and deliver copies of the Plan
to such bodies. If the Wellhead Protection Zones cross county lines, that
adjacent county must be notified. The PWS shall then implement the Plan and
document progress. As a part of wellhead protection, the PWS shall maintain
proper management of potential contaminant sources under its control. The PWS
shall request that it be allowed to review and comment on land management
issues in Zones 1 and 2 which may impact the ground water quality from all
appropriate local governing bodies.
(5) Prohibitions in Source Water Protection
Areas
(a) The discharge by any person of
sewage or any other waste or contaminant at such a proximity to the intake,
well or spring serving a public water system in such a manner or quantity that
it will or will likely endanger the health or safety of customers of the system
or cause damage to the system shall be prohibited.
1. Owners or operators of facilities or
properties with potential or actual contaminant sources within close proximity
to a public water supply intake, well or spring or its source water protection
area so as to cause a threat to the water supply may be required by the
Department to develop and implement a pollution prevention plan or implement
best management practices appropriate for the activity. The pollution
prevention plan shall be prepared in accordance with good engineering practices
and shall identify potential sources of contamination at the facility that may
reasonably be expected to affect the water quality. The plan shall be updated
annually and submitted to the Department at no more than 3 year intervals. The
plan shall describe and ensure implementation of practices including, but not
limited to: diking, liners, covering, containment, relocation of the
contaminant source or other actions that are to be used to reduce the
likelihood of the contaminants entering the drinking water source. A copy of
the pollution prevention plan shall be maintained onsite. A pollution
prevention plan developed as a part of storm water management activities under
Rule
1200-04-10-.04, T.C.A.
§§
69-3-101
et seq. shall be considered as fulfilling this requirement provided that
potential ground water contaminant sources are also addressed within the
plan.
2. The Department may require
onsite or offsite water quality monitoring, removal or remediation of the
contaminant source by the property owner or other responsible party for
contaminant sources within source water protection areas which have caused
contamination of the ground water or surface water at levels that have
adversely impacted the public water source to the point that additional
monitoring and treatment are required for the public water system. Sites
undergoing active investigation pursuant to remediation under the Hazardous
Waste Management Act Parts 1 and 2, T.C.A. §§
68-212-101
et seq. and §§
68-212-201 et
seq., respectively or the Voluntary Cleanup, Oversight and Assistance Program
Act, T.C.A. §
68-212-224
shall be considered as fulfilling this requirement for remediation activities
to protect the impacted public water system.
3. Abandoned wells within wellhead protection
areas which are a potential threat to contamination of the public water supply
shall be properly plugged and closed in compliance with provisions in the Water
Well Act, T.C.A. §
69-11-106(11)
by the property owner or other responsible party. A well that has not been in
use for a period of more than two (2) years shall be considered abandoned
unless the owner of the well can demonstrate a need for the well and provide
adequate protection to ensure the well will not be a discharge point for
contamination. Wells used for the regular, ongoing, collection of water-levels,
water-quality, or other scientific measurements are not abandoned, but are
considered observation wells. Observation wells must be properly maintained and
have adequate protection to prevent their becoming a route for
contamination.
(b) The
heavy pumping or other heavy withdrawal of water from a public water system or
its water supply source in a manner that would interfere with existing
customers' normal and reasonable needs or threaten existing customers' health
and safety shall be prohibited.
1. New water
withdrawal sources within source water protection areas, including those that
are required to register under the Water Resources Information Act, T.C.A.
§
69-8-103,
shall be required to demonstrate through modeling, testing or other hydrologic
means that the public water supply will not be adversely impacted by the
withdrawal. Existing water withdrawal sources within source water protection
areas, including those that are required to register under the Water Resources
Information Act may be required to perform modeling, testing or other
hydrologic investigations to determine any adverse impact on a specific public
water supply.
