Legislative Update
July 1, 2008
Ground Water Protection Standards Withdrawn
The head of New Jersey’s Department of Environmental Protection (DEP) says she
is withdrawing proposed standards to protect ground water from chemical
pollution dumped at toxic waste sites, or leaking from underground tanks,
pipelines or abandoned industrial sites.
DEP Commissioner Lisa Jackson gave testimony to the state Senate Legislative
Oversight Committee in May that the environmental community submitted comments
on the DEP’s proposal that asked for stricter standards for ground water
remediation. At the same time, comments from builders complained that the
agency’s proposal was too strict, and asked for predictability, transparency
and flexibility.
Commissioner Jackson stated that she has elected not to adopt ground water soil
standards, but to develop guidelines that will address comments provided by
both sides. In the interim, Jackson is recommending that a proposed licensed
site professional program go forward. It would require that a professional who
gets a license from the state and knows the end goal can advise clients which
standards must be met.
Jackson stated that, coupled with other legislative codes and standards, this
program will address the majority of builders’ concerns to make the site
cleanup process predictable.
According to the DEP, half of New Jersey residents depend on 900 million
gallons of ground water a day for drinking water. The agency has identified
more than 6,000 polluted ground water sites, forcing closure of hundreds of
municipal and residential wells across the state.
New Mexico’s New Water-planning Law
President Bush has signed a law that includes legislation that will give New
Mexico added federal water-planning assistance to more accurately assess its
water resources.
The legislation, called the New Mexico Water Planning Assistance Act, was
included in an amalgamation of 62 individual bills cleared by the State Energy
and Natural Resources Committee.
The water legislation authorizes the Bureau of Reclamation and U.S. Geological
Survey (USGS) to provide specific technical assistance to the New Mexico Office
of the State Engineer for assessing water resources of New Mexico, and their
future use.
The legislation also authorizes the Bureau of Reclamation and USGS to provide
technical assistance to the state of New Mexico, and authorizes an annual $3
million for five years to the Office of the State Engineer to perform
hydrologic models of New Mexico’s most important water systems, basins and
tributaries.
The technical and financial assistance will help the Office of the State
Engineer acquire hydrologic data, assess existing water resources, coordinate
efforts with federal water management initiatives, and assist with numerical
analysis and modeling to provide an integrated understanding of water
management options.
Oklahoma Ground Water Bill Passed
A bill passed by the Oklahoma State Legislature will help to replenish selected
underground water supplies throughout the state.
The bill, which received unanimous bipartisan support in both the House and
Senate, authorizes the Oklahoma Water Resources Board to oversee aquifer
recharge pilot projects that will channel surface runoff into subsurface
cavities and pores for storage and later use. The Oklahoma Water Resources
Board will collect and analyze data from the projects, and submit the findings
to the Legislature, other governmental entities and the public.
The agency also is directed to form a technical workgroup to review findings of
the pilot projects, as well as assist in selecting potential aquifers and
locations for the most feasible recharge demonstration
projects.
The bill was signed by Governor Henry in April, and went into immediate
effect.
Stormwater Permits
The Environmental Protection Agency (EPA) is proposing to reissue its
stormwater Construction General Permit for a two-year time period. The draft
permit uses the same terms and conditions as EPA’s 2003 permit, which expires
this July. EPA is proposing the permit to coordinate with a second effort that
is underway to establish national clean water standards, known as an effluent
limitation guideline, for the construction and development industry. Upon
finalization of the guideline, EPA plans to include its provisions into a new
and improved Construction General Permit to be reissued no later than July
2010.
“Construction-related runoff can threaten water quality and watershed health,”
says Benjamin Grumbles, Assistant Administrator for Water. “Our proposed
general permit is an important part of a broader strategy to reduce stormwater
pollution through new effluent standards, which we’re developing this year, and
a national partnership on green infrastructure solutions, such as green roofs,
rain gardens and stormwater wetlands.”
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