Wellhead Protection Requirements Under the Safe Drinking Water Act (SDWA)

• Section 1428 of the Federal Safe Drinking Water Act (SDWA) requires that states develop wellhead protection programs (WHPP) which include seven elements: identify roles and responsibilities, delineate wellhead protection areas, identify sources of contamination, develop management approaches, develop contingency plans, plan for new wells, and ensure public participation in the plan.
• EPA has approved 43 state programs with 2 additional state plans expected to be submitted to EPA in FY 1997.
• Wellhead protection (WHP) is defined in section 1428 of the SDWA as a comprehensive program to protect wellhead protection areas (WHPA) from man induced contaminants which have an adverse effect on the health of persons.
• The SDWA recognizes an approved state WHPP as fulfilling the requirements for ground water sources under the Source Water Protection Program.
• The Pennsylvania Safe Drinking Water regulations, 25 PA code Ch. 109, direct public water suppliers to find the best source available and take those measures necessary to protect that source to provide a continual and safe water supply. The state SDWA regulations define wellhead protection and wellhead protection areas, set permitting requirements for ground water sources, set operations requirement and establish elements necessary for state approval of local WHP programs.
• The Municipal Planning Code and a local government's powers to protect public health and safety provides authority for local governments to plan and to act to protect water supplies and the environment. Not all, but many of the WHP management approaches for a comprehensive local WHP program would require local government action, cooperation or support.

DEP's Proposed Wellhead Protection Program Plan for Pennsylvania

• DEP has been actively developing a state WHP program since 1989. Most of these efforts have focused on encouraging voluntary local program development through education and incentive grants, formulating technical WHP area delineation strategies and the establishment of regulations and associated compliance assistance. Local voluntary WHP programs will continue to be supported and encouraged through technical, compliance and financial assistance to local communities and public water systems (PWS).
• As of this writing, over 130 PWSs and many more municipalities are developing or implementing local WHP programs in Pennsylvania. The growing success of wellhead protection in Pennsylvania is because of the recognition of the common sense and importance of pollution prevention in protecting public health and safety, and reducing the cost of compliance with the SDWA
• DEP has offered various incentive grants to seed local WHP development since 1991. During the last three years, the department has awarded grants totaling over one million dollars to 14 different counties under this competitive grant program. The county plans provide a multiple jurisdictional structure for WHPA delineation, management approaches, contingency planning, new well development and program implementation. These and other development grants will be offered under the WHPP as funds are available.
• The state's Wellhead Protection Program will form the cornerstone of the Source Water Protection Program for ground-water sources serving PWSs.
• The focal point of a local WHP program is the WHPA delineation and the resulting map. The state SDWA regulations define a three-tiered WHPA approach for wells, springs and infiltration galleries. The delineation of a more rigorous WHPA for an existing PWS source under a local WHP program will be the decision and responsibility of the water purveyor, the local municipalities and/or the planning agencies with jurisdiction over the WHPA. More rigorous WHPA delineations will be done by DEP as resources are available, through a combination of contracted services and department staff activities.
• Key to local WHP program development is public education and participation. A series of approaches will be developed to educate and involve the public in WHP. These approaches will be developed and implemented by a combination of contracted services and department staff activities.
• DEP will approve local WHP programs which meet the basic elements set-out in the state SDWA regulations. DEP will provide data to local WHP programs on state or federally regulated potential sources of ground-water contamination and will advise them on approaches for WHPA delineation, conducting contaminant source inventories, public education programs and management approaches. Existing federal guidelines and recommendations will be utilized for the program and guidance will be developed only if a need arises.
• The principles of the state's Comprehensive Ground Water Protection Program will be applied to coordinate point and non-point source pollution protection programs with the local WHP programs.