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Groundwater Protection in Selected Countries

1. Background information

1.1 Basic facts

The United States has a population of 264,200,000 (1996) and an area of 9,363,000 km². This gives an average population density of 28 persons pr. km². The actual population density varies widely from region to region.

GDP

The gross domestic product (GDP) in the US is 7,270 billion dollars (annual rate for 1995: OECD, 1998). The current exchange rate is approximately 1.06 USD pr. EUR. The annual gross domestic product pr. person is therefore approximately 27,500 EUR.

Precipitation

Precipitation varies widely from state to state as well as within the boundaries of each state. The national average annual precipitation is 30 inches (760 mm). With the exception of Washington state, states to the east of a line from Texas to Wisconsin receive more than the average, while states to the west receive less than the average. The smallest average annual precipitation for a state is 9 inches (230 mm) in Nevada while the largest is 53 inches (1350 mm) in Louisiana (WIC, 1973).

1.2 Structure of environmental authorities

The US Congress is composed of two bodies, the Senate and the House of Representatives. The most important instrument of the Congress is the passing of legislation.

Each of the 50 states has one or more department for the protection of natural resources and/or the environment. Much of the work regarding groundwater protection and remediation of point source contamination is carried out at the state level.

Figure 1.1 shows the relationship between these authorities.

Figure 1.1.
Example of the relationship between main environmental authorities.

1.3 Statutory and advisory information

With regard to groundwater protection and contaminated sites, there are 4 major law complexes:

1. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) also known as Superfund, 1980.

2. The Resource Conservation and Recovery Act (RCRA), 1976.

3. Clean Water Act (CWA), amended in 1977.

4. Safe Drinking Water Act (SDWA), amended in 1996.

Both of these Acts include provisions for empowering the individual states to administer parts of the programs. In connection with the actual statutes, a large volume of advisory information has been prepared.

1.3.1 Superfund

Superfund was enacted in 1980 in response to dangers from abandoned and uncontrolled hazardous waste sites such as Love Canal in Niagara Falls, New York. The law provided for liability of responsible parties (polluter pays principle) and established a trust fund for cleanup when no responsible party could be found. The fund is financed through a tax on the chemical and petroleum industries.

In the Superfund program, potential sites are entered into a database (CERCLIS) and then undergo a preliminary assessment to determine if an immediate removal action is required. If not, a site inspection is carried out and the data is used to rank the site using the Hazard Ranking System which uses a scale from 0 to 100. The exposure pathways that can be scored are groundwater, surface water, soil exposure and air. Sites scoring 28.5 or above are placed on the National Priorities List (in some instances, sites may be placed on the list through different mechanisms). It should be noted that the site score is only used for placement on the list and not for prioritizing site actions, once on the list.

After being listed, additional work is carried out. A remedial investigation and feasibility study are carried out, a remedy is selected and this remedy is documented in a public record of decision. Next, remedial design and remedial action is carried out. Finally, operation and maintenance of the remedy is often required. The site is deleted from the list when cleanup goals are reached.

RCRA was enacted in 1976 as an amendment to the Solid Waste Disposal Act of 1965. The main focus of RCRA is the management of wastes including subjects such as waste minimization, recycling, proper management of wastes from generation to final disposal. To ensure high standards, RCRA regulates waste generators and transporters as well as requiring permits for treatment, storage and disposal facilities. In this way, the main intent of RCRA is to prevent contamination from occurring.

RCRA addresses three programs, solid wastes, hazardous wastes and underground storage tanks. Of special interest here are the provisions in Subtitle C which involves management of hazardous wastes. Chapter 9 of this subtitle addresses corrective action to clean up hazardous waste contamination. This corrective action is financed by the responsible parties (polluter pays principle).

1.3.3 Clean Water Act

The CWA encourages groundwater protection, recognizing that groundwater provides a significant proportion of the base flow to streams and lakes. An important aspect under the CWA is the development of State Comprehensive Ground Water Protection Programs.

The SDWA authorizes the EPA to ensure that water is safe for human consumption. The Act describes four programs for the protection of groundwater: the Wellhead Protection Program, the Sole Source Aquifer Program, the Underground Injection Control Program and the Source Water Assessment Program.

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