SOURCE WATER PROTECTION PROGRAM

SECTION 1

1.0 Introduction

The Montana Source Water Protection Program is intended to be a practical and cost-effective approach to protecting public drinking water supplies from contamination.  A major component of the Montana Source Water Protection Program is termed delineation and assessment.  The emphasis of delineation and assessment is identifying significant threats to drinking water supplies and providing public water systems with the information they need to protect their sources of water.  Delineation is a process whereby areas that contribute water to aquifers or surface waters used for drinking water, called source water protection areas, are identified on a map.  Geologic and hydrologic conditions are evaluated in order to delineate source water protection areas.

Assessment involves identifying businesses, activities, or land uses in source water protection areas where certain contaminants are generated, used, or transported and then determining the potential for contamination from these sources.  Developing a program that completes delineation and assessment is mandatory for states under the federal 1996 Safe Drinking Water Act (see also section 10 for discussion about how Montana will meet this mandate).  Delineation and assessment is the foundation of source water protection plans, the mechanism public water systems use to protect their drinking water sources.  Although voluntary, source water protection plans are the ultimate focus of source water delineation and assessment.  The program described in this document is designed to encourage public water supplies and communities to complete source water protection plans that meet their specific needs.

Montana uses the existing voluntary Montana Wellhead Protection Program (WHPP) developed under section 1428 of the 1986 Safe Drinking Water Act (SDWA) as a framework for developing and implementing the new requirements mandated by the 1996 SDWA.  WHPP was developed to encourage public water systems (PWS) to develop written plans to protect drinking water sources through community planning.  The seven elements of WHP; roles and duties, delineation, source identification, managing the protection area, contingency planning, new wells, and public participation, are retained in the Source Water Protection Program (SWPP). The core provisions added are mandatory delineation of source water protection areas, assessment of susceptibility of public water systems to contamination, making the assessments available to the public, and timetables for completion of these elements.

The name of the program has been changed to SWPP to reflect the newer more comprehensive approach.  Montana developed SWPP by reviewing available sources of existing data at the federal, state, and local levels.  Methods and criteria for completing assessments of all community and non-community PWS were developed pursuant to this review and are described in this document.

  Also, methods that will be used to assess the susceptibility of PWS to potential contaminant sources are described.  Through the new mandates, the program focuses funding available from set-asides out of the State Drinking Water Revolving Fund on identifying the most effective approach to protecting Montana's drinking water supplies.

Public participation and public right-to-know are central philosophies of SWPP.  The program presented in this document was developed through an open process involving comments from a cross-section of interested parties.  An advisory council with an associated technical working group provided formal review and comment during development of this document.  Public meetings and an enhanced public participation campaign provided opportunity for less formal public participation.  Another component of public participation incorporated into Montana's SWPP is public notification of source water assessments.  Source water assessments will be made public through consumer confidence reports whenever possible and other media in an effort to notify citizens of potential threats to their drinking water sources.  Knowledge of potential threats should provide motivation for voluntary management by local governing bodies.  Assistance in developing source water protection plans also can provide motivation for voluntary management.  Education of the general public and training for professionals working with PWS also is emphasized to support voluntary management efforts.

Montana's source water protection approach emphasizes a general goal of drinking water protection and benefit to public water supplies.  Benefits to PWS will occur in several ways.  Benefits will occur directly when the program provides maps and supporting data that identify the source water and potential contaminant sources within the source water protection area for each PWS.  Benefits will also occur indirectly to PWS because the passthrough grant option encourages joint delineation and assessments for systems located close to one another or within watershed subareas.  Protection of drinking water will occur as state and federal environmental regulatory agencies base decisions regarding state waters used for drinking on delineations and assessments.  Protection will also occur as PWS utilize delineation and assessments as the foundation for completing local source water protection plans.  Management strategies will be recommended in source water protection plans when PWS source waters are identified as susceptible to contamination.  Also, source water assessments are intended to facilitate monitoring flexibility.

Criteria for delineating source water protection areas and the detail required in subsequent contaminant inventories depend on the sensitivity of the source water and the type of PWS.  For example, surface water and unconfined groundwater sources are given special attention because they are sensitive to microbial and nitrate contamination, both acute health hazards.  Less rigorous criteria are prescribed for transient noncommunity PWS because people are exposed for a limited time.  A differential susceptibility assessment approach is outlined that targets immediate health hazards for all systems but targets long-term chronic health hazards only at community and non-transient PWS.

Implementation of SWPP will be coordinated among several programs at the Montana Department of Environmental Quality (DEQ).  The Source Water Protection Section of the Pollution Prevention Bureau will have responsibility for meeting the source water assessment mandates of the 1996 SDWA but will work closely with the Public Water Supply Program of the Community Assistance Bureau to ensure the maximum benefit to PWS.  The Resource Protection Planning, Water Protection and Monitoring, and Data Management bureaus also will have roles in helping local governing bodies implement SWPP.  The goal of interbureau coordination is to ensure that SWPP is integrated in an overall watershed protection approach.

The Montana Source Water Protection Technical Guidance Manual (MBMG 1998) is a reference manual intended to more fully describe the six step process of developing a source water protection plan.  Readers are encouraged to review the manual for details on how the program described by this document can be implemented.  Copies can be obtained by contacting the Source Water Protection Section at DEQ (406 444-4806) or by visiting the training section on the Source Water Protection homepage at http://water.montana.edu/training/default.htm.

1.1 Source Water Protection Goals and Objectives

The Montana Source Water Protection Program adopts the goals stated in the Montana Constitution and the Montana Water Quality Act.  The following is quoted from the constitution: "The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations...[including] the protection of the environmental life support system from degradation..." (Article IX, Section 1).  Further, from the Montana Water Quality Act:  "It is the policy of this state to conserve water by protecting, maintaining, and improving the quality and potability of water for public water supplies..." (Montana Code Annotated (MCA) 75-5-101).  The objective of SWPP is to protect and benefit PWS by delineating source water protection areas, by identifying potential contaminant sources and by assessing the susceptibility of water supplies to identified contaminant sources.

1.2 Montana Resources

Montana, the fourth largest state (147,046 square miles) in the United States, has approximately 879,000 residents and a population density of approximately six people per square mile.  Montana is a rural state with seven major urban areas, the largest of which is Billings in Yellowstone County with 126,000 people.  Fifty nine percent of Montanans live in these seven metropolitan areas.  The majority of the remaining population lives in small communities located along alluvial valleys throughout the state.  Approximately 618,800 residents or about 69 percent of the total population of Montana rely on a PWS for domestic use (community PWS).  An even larger percentage of the population uses water from a PWS when considering the use of restaurants, businesses, schools, and campgrounds.  Only approximately 15 percent of the 645 community PWS are associated with incorporated towns or cities and almost half of the community PWS serve fewer than 100 inhabitants.

Major industries in Montana are agriculture, timber, mining, tourism, and oil and gas production and processing.  Manufacturers produce goods ranging from food to wood products, primary metals, petroleum, and coal.  Major agricultural crops are wheat, barley, sugar beets, and hay.  Livestock produced include cattle, hogs, sheep and poultry.  Figure 1 shows how groundwater is used in Montana.

About one third of Montana's land is managed by the federal government.  The largest single federal land manager is the U.S. Forest Service, which manages more than 26,000 square miles; primarily timbered land at higher elevations in the western third of the state.  The Bureau of Land Management manages 12,600 square miles, primarily in the eastern half of the state.  The Bureau of Indian Affairs and tribes manage more than 8,300 square miles on seven Indian reservations.

The Continental Divide bisects the state.  The Missouri and Yellowstone rivers drain the eastern 80 percent of the state; the Kootenai and Clark Fork of the Columbia drain most of the remainder.  Perennial tributaries of the major rivers acquire water from surface runoff and groundwater seepage.

Montana contains three major groundwater regions based on landform and geology.  These are known as the Western Mountain Region, Glaciated Central Region, and Non-glaciated Central Region.  Generally, aquifers within these regions are further characterized as shallow surficial aquifers or bedrock aquifers.  In all three regions the most important aquifers are found in the alluvial valleys of the major rivers (see Figure 2).

Alluvial valley aquifers consist of saturated sand and gravel deposits that commonly are hydraulically connected to perennial streams.  These aquifers occur in clearly defined channels that normally do not extend beyond the floodplain and adjacent terrace.  Well depths typically are less than 150 feet and the capacities of alluvial valley aquifers to transmit water are at least 10 times greater than adjacent formations.  Total dissolved solids are usually less than 300 milligrams per liter owing to the relatively short residence time of water in these aquifers.  In western Montana, very thick fine-grained glacial or basin fill deposits typically underlie alluvial valley aquifers.  In eastern Montana, the alluvial valley aquifers are underlain by bedrock.

Older bedrock aquifers of Paleozoic and Mesozoic age supply water to PWS in much of central Montana.  These water-bearing formations consist of limestone, fine-grained sandstone or siltstone, and are confined by overlying shales.  Wells penetrating bedrock aquifers in eastern Montana are usually deeper than 150 feet and yield less water than alluvial aquifer wells.  However, fractures and solution openings may occur in bedrock aquifers and increase groundwater yield.  Water in bedrock aquifers is usually poorer quality than that found in alluvial aquifers with total dissolved solids ranging from 500 to 300,000 milligrams per liter.

1.3 Montana's Experience with Source Water Protection

1.3.1 Source Water Protection Demonstration Projects

Montana undertook six projects between 1989 and 1998 to demonstrate source water delineation and protection approaches (see Figure 3).  1) The first project, in Missoula, was funded by EPA in 1989 after the Missoula Valley Aquifer was designated a Sole Source Aquifer.  2) A project in East Helena coordinated by the Helena Valley Water Quality Protection District was undertaken to delineate source water protection areas for wells and an infiltration gallery near a stream.  3) The Park County planning department and the City of Livingston PWS undertook a cooperative effort to develop an ordinance appropriate for a small community.  4) A project in Choteau focused on delineating a source water protection area for a spring.  5) A project in Havre was initiated in 1998 to demonstrate Montana’s source water protection approach for surface waters. 6) The town of Polson, located on the Flathead Indian Reservation, obtained funding from the Renewable Resource Development grant program administered by the Montana Department of Natural Resources and Conservation (DNRC).  This project was a cooperative effort between the county planning department and the PWS.  Also, a representative of the Confederated Salish and Kootenai Tribes participated on the source water protection committee.  The source water demonstration projects in Missoula, Havre, and Polson are described more fully in the remainder of this section.

Missoula Source Water Protection Demonstration Project The project in Missoula was funded cooperatively by Mountain Water Company, EPA, the Missoula City/County Health Department and DEQ.  The purpose of the project was to test effective delineation and management methods for adoption by the state wellhead protection program.  The project also laid the groundwork for the public participation and education strategy that is a model for the Montana SWPP.  The Missoula project was funded cooperatively by the major local water supplier (Mountain Water Company), EPA, the Missoula City/County Health Department, and DEQ.

Mountain Water Company supplies drinking water to 50,000 people in Missoula via 14,600 service connections.  Missoula pumps from 7 to 10 billion gallons of water annually from an unconfined, alluvial aquifer with 34 wells ranging in depth from 125 to 170 feet.  Most of the wells are within the city limits.

A numerical groundwater flow model was used to depict the zones of contribution to the PWS wells.  Mountain Water Company delineated a source water protection area including all the possible zones of contribution to the city wells under varying pumping and seasonal conditions.  The delineation extends to the physical and hydrologic boundaries of the aquifer upgradient of the wells.  A simple analytical model was used to delineate zones of contribution for each well within the source water protection area.  The upgradient distance was selected at 1,000 feet to correspond to a 30-day time-of-travel (TOT).  A 200-foot buffer was added to the calculated lateral and downgradient boundaries.

Mountain Water Company developed media advertising campaigns for radio, television, newspapers, and billboards.  The campaign highlighted the groundwater quality concerns associated with the Missoula aquifer and suggested citizens' action to address the issues.  The Missoula City/County Health Department developed brochures, workshops and media presentations describing management of the Missoula Aquifer.  The Missoula City/County Health Department also prepared maps that identify the location of sources of contaminants in relationship to the PWS wells.  Mountain Water Company digitized the source location maps on a Computer Aided Drafting system to enable later incorporation on a Geographic Information System (GIS).

Mountain Water Company, in cooperation with the Missoula Chamber of Commerce, senior citizen groups and the University of Montana, developed a self-regulatory program for businesses called Missoula Water Partnership.  Senior citizens and university students work with local businesses to complete inventories and management plans for regulated substances.  Businesses that voluntarily comply with the best management practices (BMPs) developed in this cooperative effort are given stickers for their doors designating them as businesses that actively participate in preserving Missoula's aquifer.

A method to determine appropriate management for priority contaminant sources was developed from the Missoula project.  Missoula’s experiences will help other communities sort through the variety of management approaches and determine which is best for their situation.  Missoula enacted an ordinance that established pollution prevention requirements, a permit program, emergency response, siting requirements for wells, inspections, enforcement, and penalties.  The Missoula Valley Water Quality District implements the permit system.

Havre Source Water Protection Demonstration Project  Havre, a town of approximately 10,000 people in north-central Montana, obtains its drinking water from the Milk River.  The goal of the source water assessment demonstration for Havre was to identify initiatives that a local planning group could take to protect a surface water source.  The objectives were to describe the Milk River Watershed, identify potential sources of contaminants, and prioritize potential contaminant sources for planning initiatives.

Emergency planning to respond to spills from highway and railway bridges into the Milk River immediately upstream from Havre was given a high priority.  County ordinances to control or restrict construction in unsewered residential areas or to regulate siting of certain industrial facilities were identified as possible initiatives.  For less significant sources of contamination, spill prevention procedures and BMPs implemented through education were encouraged.

Polson Source Water Protection Demonstration Project  Polson is an incorporated town with approximately 1,800 service connections serving more than 4,200 people.  The Polson PWS obtains water from both surface and groundwater sources.  Groundwater comes from a semi-confined aquifer with all wells deeper than 150 feet.  Polson delineated a zone of contribution to its wells using a semi-analytical model based on a 5-year TOT.  The source water protection area extends beyond the city limits and includes reservation land.  The Polson project provides an example of strategies for cooperative management of source water protection areas.  The project benefits have extended into the late 1990s as Polson continues to use their source water protection plan as a guide in selecting new well locations.

Several additional source water protection projects have been initiated by local communities to address the variety of aquifer conditions and community types in Montana (Figure 4).

1.3.2 Nonpoint Source Control Demonstration Projects

School Demonstration Projects  Source water protection areas were developed by an interdisciplinary school project with the children doing the work under the guidance of teachers.  DEQ (at that time the environmental programs of the former Department of Health and Environmental Sciences) funded demonstration projects in three schools to protect their PWS wells.  DeSmet Elementary in Missoula, Augusta High School and Bonner Elementary each established source water protection areas and documented the development process on video.  The project was a valuable learning experience in science, math, social studies, composition, speech, and art.  Also, the end products are significant assets to the schools and local communities.  Videos of the process are available to other Montana schools starting source water protection projects.

The DeSmet Elementary School students produced an exceptional video.  Region VIII of EPA selected the project to receive the President's Environmental Youth Award.  In 1994 the school representatives went to Washington to meet President Clinton and receive a grant for $2,000 from Arm and Hammer Corporation for their outstanding effort.

The Montana Bureau of Mines and Geology (MBMG) sponsored a project entitled Groundwater Education in Rural Schools that also was funded by the Resource Indemnity Trust program; this project included the development of source water protection plans at eight schools around Montana.

Rural Demonstration Project The Montana Agricultural Chemical Groundwater Protection Act provides a general management plan to prevent chemicals used in agriculture from polluting the groundwater.  A project to demonstrate ways to manage agricultural non-point sources of contamination began in 1993 in the Clarks Fork of the Yellowstone River valley, one of Montana's prime agricultural areas.  BMPs intended to minimize non-point pollution were demonstrated under this project.  Also, an assessment of public interest in source water protection and land use planning and a source water delineation for the town of Bridger were conducted under this project.  The delineation for Bridger included a description of the hydrogeology of the valley and identification of source water protection areas.

Other Projects  MBMG sponsored a project to complete delineation, assessment, and plan development for the towns of Dillon, Sidney, and Fairfield and the Hillside Hutterite Colony.  The project also produced the AMontana Source Water Protection Technical Guidance Manual” intended to assist other PWS through the plan development process.

SECTION 2

2.0 Roles and Duties of State and Local Governments

DEQ has the responsibility to ensure that delineations and assessments are completed for all PWS within the time frame mandated by the Safe Drinking Water Act.  Communities are encouraged to develop source water protection plans based on the delineations and assessments.  The state will provide assistance and limited funding to support plan development activities and will coordinate source water protection activities of various state government agencies.  Also, watershed protection and non-point source control activities that go beyond the scope of SWPP will be coordinated by DEQ.  The roles of each group involved in completing a source water protection plan and methods for coordinating their activities are described in this section.

2.1 State Roles

The primary DEQ role under SWPP is to coordinate source water protection activities in Montana.  DEQ works with local entities, other Montana and federal agencies, bordering states, tribal governments, and Canadian provinces to ensure that minimum criteria and deadlines specified under the Safe Drinking Water Act are met.  DEQ regulates PWS, sewer systems, subdivisions, and industrial activities.  Also, DEQ issues water quality permits and enforces the provisions of the Water Quality Act, and the Montana Ground Water Pollution Control System.  Roles of specific state entities are described below.

2.1.1 Pollution Prevention Bureau, DEQ

The Source Water Protection Section administers SWPP, supports Local Water Quality Districts, provides coordination for comprehensive groundwater planning, and provides hydrogeologic expertise to other DEQ programs.

Montana Source Water Protection Section staff will:

#   Ensure delineation and assessment is completed for all PWS according to the timetable specified by EPA.

# Develop and communicate incentives clearly to encourage participation.  For example, use of economic incentives, such as the Treasure State Endowment funds to provide infrastructure for spring or well development is contingent upon a certified source water protection plan.  Other economic incentives, such as additional eligibility for Conservation Reserve Program (CRP) designations, require a completed and certified source water protection plan.

#   Maintain an information and education program for communities across the state.  Training in all aspects of source water protection will be provided to PWS operators and source water protection committees.  The Source Water Protection Section organizes the Public Awareness and Education Action Plan (see Appendix E).

#   Make the results of the delineation and assessments available to the public.

#   Encourage local entities to delineate source water protection areas that protect all the water likely to be drawn into an intake under varying seasonal and pumping conditions.  Cooperative management among local, tribal, county, state and federal agencies will be encouraged when the source water protection area lies outside the local entities' jurisdiction.  Also, businesses will be encouraged to voluntarily participate in protecting source waters in a way that relies on persuasive information and common sense.

#   Prioritize communities for protection activities according to the sensitivity of their water supply and the total population affected.  For example, surface water systems and wells in shallow unconfined aquifers are considered sensitive to contamination.  These types of systems also often serve large populations.  Properly constructed wells in deep, confined aquifers are considered least sensitive and affect a relatively small total population.

#   Implement a pass-through grant program whereby PWS may apply to DEQ for funds to complete delineation and assessment themselves, or select a contractor of their choice to complete the work.

#   Assist PWS with groundwater monitoring at selected locations for source water protection purposes.

#   Coordinate with federal, state, tribal and local entities to ensure implementation of the Statewide Management Program.  Coordination is accomplished through assistance in the form of delineation and assessment, education, training, field services, and economic incentives.

#   Review source water protection plans for certification within 60 working days of receipt from PWS.

#   Compile and submit a biennial report to EPA describing progress, problems, and amendments to the program.

2.1.2 Technical and Financial Assistance Bureau, DEQ

The Water Pollution Control Revolving Fund and Drinking Water Revolving Fund sections of the Technical and Financial Assistance Bureau assist grant applicants, review plans and perform site inspections.  They also administer the Federal Construction Grant Program and the State Revolving Loan Program.  Personnel from the Water Pollution Control Revolving Fund Section also help coordinate training at DEQ=s biannual Water School and publishes Big Sky Clearwater which keeps water and wastewater operators informed about the source water protection program.

2.1.3 Community Services Bureau, DEQ

The Community Services Bureau provides data management, compliance monitoring and informal enforcement services, conducts sanitary surveys, and provides engineering plan review of proposed improvements to PWS to enhance water and wastewater infrastructure.  The Public Water Supply Program provides training, inspections, and technical assistance services to Montana's 1,900 + PWS.  The objective of this work is to assist PWS in maintaining or achieving compliance with current drinking water regulations.

The Public Water Supply Program implements the EPA approved monitoring waiver program and conducts vulnerability assessments for volatile organic chemicals.  This program will also ensure that the assessment efforts are aligned with emerging regulatory flexibilities.  For example, additional monitoring relief may be permissible when based on a history relatively free of contamination and a good understanding of each system's susceptibility.

2.1.4 Water Protection Bureau, DEQ

The Subdivision Program of the Water Protection Bureau reviews subdivision applications and plans for water supplies, sewage disposal, solid waste disposal and storm drainage.  The program may recommend that proposed PWS wells be evaluated through a preliminary source water assessment.  In addition, the program assists and trains local health departments in the design and review of water and waste water systems.  The Public Water Supply and Subdivision programs jointly develop construction standards and review plans for new PWS wells.

2.1.5 Resource Protection Planning Bureau, DEQ

Activities of the Watershed Management Section of the Resource Protection Planning Bureau are focused on lakes and streams that have been identified as not meeting water quality standards or achieving beneficial uses (Clean Water Act, Section 303(d) list).  The Watershed Management Section provides technical and financial assistance to various groups to identify problems with water quality, stream banks, and riparian zones and to develop, implement, and evaluate the effectiveness of water pollution control plans.  Groups assisted by the Watershed Management Section include landowners, conservation districts, watershed advisory groups, forestry, agricultural and livestock organizations, industry, academic institutions, municipalities, EPA, and other state and federal land management agencies.  This section provides financial and technical assistance for watershed management plans that are developed and implemented by local landowners, conservation districts, water pollution control districts, and watershed advisory groups.  The control plans may be precautionary or voluntary in nature.  Alternatively, they may incorporate permit limitations and specific reasonable land, soil, and water conservation practices (BMPs) designed to achieve water quality standards or restore beneficial uses.  This section works with water pollution control partner agencies to develop Total Maximum Daily Loads (TMDLs) for non-point pollution sources.  TMDLs are pollutant load limits established for streams or lakes that fail to support beneficial uses such as fishing, drinking, recreation, and aquatic life.  TMDLs specify the amount of each pollutant a waterbody can receive without violating water quality standards.

The Standards and Economic Analysis Section of the Resource Protection Planning Bureau coordinates rulemaking efforts, formulates and drafts environmental policies, guidelines and legislation, develops and revises air and water quality standards, provides expert advice on the health and environmental effects of air and water pollution, and conducts economic modeling and analysis.  This section reviews and stays abreast of current research with regard to the health and environmental effects of all water pollutants including: heavy metals, carcinogens, toxic and bioconcentrating pollutants, nutrients, sediment, suspended solids, and pathogens.  Section staff provides assistance in developing watershed management plans, conducting environmental assessments or environmental impact statements, issuing permits, or agency enforcement action on violations of the water quality standards.

2.1.6 Monitoring and Data Management Bureau, DEQ

The Monitoring and Data Management Bureau monitors ambient air and water quality statewide.  In addition, they conduct several dozen intensive surveys each year to characterize sources and causes of air and water pollution and oversee volunteers that monitor water quality at 80 lakes.  Monitoring staff also prepare statewide air and water quality assessment reports, compile lists of impaired water bodies, provide QA/QC services and field training, develop and document sampling and assessment protocols, maintain and calibrate monitoring equipment, and oversee monitoring performed by volunteers.

The Monitoring and Data Management Bureau also provides services that include modeling dispersion of air pollutants, conducting pollutant emission inventories, and modeling water chemistry.  These services are provided to assist in the development of discharge and construction permits, and air and water pollution abatement plans, including TMDLs for water and State Implementation Plans (SIPs) for air.

Data management services provided by the bureau include development and maintenance of statewide air and water quality databases, automated data assessment tools, and department-wide data management systems.

2.1.7 Remediation Division, DEQ

The Remediation Division at DEQ provides oversight at contaminant sites that require long‑term remediation, sites associated with spills, leaks, and underground storage tanks, and sites covered by Montana’s Comprehensive Environmental Cleanup and Responsibility Act (CECRA).  The various contaminants may include petroleum products from pipeline ruptures, products from spills associated with tanker truck wrecks, leachate from abandoned dumps, solvents at former dry cleaning facilities, transformer oil spills, and leaks from sewer lines.  Most of these sites are handled by the Ground Water Remediation Program of the Hazardous Waste Site Cleanup Bureau and a few are handled by the Petroleum Release Section.

2.1.8 Coordination between DEQ Programs

Coordination between programs at DEQ occurs through daily interaction, weekly management meetings, informal information exchange, and through the participation of key personnel on the intra-agency watershed planning core team and inter-agency watershed coordinating council.  DEQ's annual work plan, which is reviewed by EPA and incorporated in the State/EPA Performance Partnership Agreement, also supports coordination.

DNRC is responsible for developing the groundwater section of the State Water Plan.  This comprehensive state groundwater plan recommends actions to improve public and private management of Montana's groundwater.  The groundwater strategy presented in the plan was developed in close coordination at DEQ.  It provides an overall management framework for sustaining the state's groundwater resources.

An MOU between DEQ and the Montana Department of Agriculture (MDA) outlines each agency’s responsibilities that are mandated under the Montana Agricultural Chemical Groundwater Protection Act.  The MOU provides protocols for notification when agricultural chemicals are detected in water supplies, exchange of groundwater monitoring data and joint sampling for agricultural chemicals.

Databases at DEQ (PWS, hazardous waste treatment, storage and disposal facilities, solvent handler inventory, Leaking Underground Storage Tanks/Underground Storage Tanks, solid waste, mine, Montana Pollutant Discharge Elimination System (MPDES)) are currently available for program use in the assessment process.  Montana state government is in the early stages of converting existing databases to a new integrated system.  In the meantime, a mechanism will be developed to ensure ready public access to these important DEQ databases through the spatial data clearinghouse at the Natural Resource Information System (NRIS).  This mechanism also will be available to other DEQ programs.

2.1.9  Coordination between Regulatory and Non-regulatory Programs

The primary focus of most of Montana's water quality programs has been regulation of a particular point source or type of pollutant.  For the most part, these are reactive programs addressing problems as they are discovered.  The degree of threat that these problems present to PWS or the environment in general is not always considered.  The source water protection section will provide information on source water protection areas to staff of state regulatory programs to ensure that high priority is assigned to cleanup of contamination and monitoring of contaminant sources within source water protection areas.  Section staff also participate in watershed coordination efforts within and outside of DEQ to actively promote a comprehensive approach to resource protection.  Active outreach and coordination is provided to conservation districts, local planners, watershed groups, technical service providers, and educators.

Non-point source control, watershed management plan, and storm water runoff management regulatory programs developed by DEQ strengthen management in source water protection areas.  These programs conduct monitoring, issue discharge permits, and review plans and specifications.  BMPs and conservation easements are common tools of these programs.

Surface water classifications established in the Administrative Rules of Montana (ARM) 16.20.604 to 612 declare certain drainages "A-Closed" to protect public health.  A-closed waters are suitable for drinking after simple disinfection.  No activities that might degrade water quality are allowed in A-Closed waters.  A stream may be upgraded to A-Closed by the Board of Environmental Review as recharge regions and streams that recharge aquifers are identified within source water protection areas.

Design and operation standards and site plan review have been incorporated into many state government programs.  For example, the DEQ Public Water Supply Program sets standards and reviews public well construction and design and the Board of Water Well Contractors sets standards for well construction and design.  DEQ reviews siting and design of major energy facilities, the State Revolving Fund (SRF) Section of the Technical and Financial Assistance Bureau reviews design and operation of water and wastewater systems, and the Community Services Bureau reviews design and operation of landfills.

The Montana Agricultural Chemical Groundwater Protection Act directs MDA and DEQ to design site-specific management plans where agricultural chemicals have been detected in the groundwater above established trigger concentrations.  The Pollution Prevention Bureau implements several voluntary programs that stress waste source reduction, reuse, recycling, composting, and incineration.  Infectious wastes, household hazardous waste, and motor oil are specific wastes targeted for voluntary programs.

2.2 Local Roles

2.2.1 Source Water Protection Plan Development

Source water protection plan development is a voluntary extension of the source water assessment program.  Plan development is a local effort, which builds on information provided in the delineation and assessment.  County sanitarians, water and wastewater operators, elected officials, city/county health officials, fire marshals, county extension agents, weed control boards, city/county planners, and resource conservation and development professionals are among those who have important roles in establishing and managing source water protection plans.  They can organize or participate in source water protection committees that oversee the development of source water protection plans.

Operators of PWS also have an important role in managing both source water protection areas and water distribution networks.  The operators are valuable participants in source water protection committees as well as important sources of information on groundwater quality, well construction, and maintenance.  See the Montana Source Water Protection Technical Guidance Manual (MBMG 1998) for additional information.

Valuable members of source water protection committees also may include members of Montana Rural Water Systems, Northern Plains Resource Council, Alternative Energy Resource Organization, Montana Water Well Association, Montana Environmental Health Association, Montana Chapter of the American Water Resources Association, and the American Water Works Association.  Significant contributions to source water protection also can be made by service organizations, senior citizen groups, youth groups, school personnel, public interest groups, advocates of vulnerable populations such as people with weakened immune systems who may be more susceptible to water pollutants, business groups, tribes, land conservation groups, farmers, and developers.

2.2.2 Implementation of Source Water Protection Plans

Source water protection plans will be implemented by local entities including city or county governments, conservation districts, water districts, school administrations or boards, water user associations, homeowner associations, businesses, federal and state land management agencies, water conservancy districts, and local water quality districts.  These entities will initiate source water protection plans, provide and administer the funding by applying for grants and assessing fees, and manage the source water protection area.  Immediate benefits from their effort may come in monitoring or treatment waivers.  However, the primary benefit is the long-term viability of source water for a PWS.

Local entities that share an aquifer, drainage, or area may establish and manage a source water protection area jointly through an inter-local agreement (Title 7, Chapter 11, Part 101 et seq.).  In areas with documented contamination problems, local water quality districts may be formed to protect, preserve and improve water quality.  Water quality districts develop and submit programs for approval by the Board of Environmental Review (Title 7, Chapter 13, Parts 4501-4529).  Existing local water quality districts may initiate, fund and implement a source water plan as part of its water quality program.

Multi-jurisdictional source water protection areas are common in Montana.  Pursuant to the MCA, municipalities may regulate areas outside their city limits.  However, only 90 PWS are associated with municipal governments.  Local entities without land use authority must rely on county governments if new regulations are needed in their source water protection areas.  Additionally, cooperation between local entities and federal land management agencies is needed to manage source water protection areas in some rural areas of Montana because of extensive federal land ownership.

If county and local entities choose to implement source water protection plans through a Local Water Quality District, the district is required to consult with DEQ to develop a program that is effective in protecting, maintaining and improving the quality of state water.  A water quality district can implement a program following a public hearing and approval by the Board of Environmental Review.  A program must include a description of the water quality district, descriptions of water and land resources and potential sources of contamination within the district, a list of water quality goals and proposed projects, and an analysis of potential adverse impacts to the environment.

2.3 Federal Roles

According to the Safe Drinking Water Act, Title XIV-Section 1428(h), federal government agencies having jurisdiction over any potential source of contamination identified by a state Wellhead Protection Program shall be subject to and comply with all requirements of the state program.  Compliance under this act must be in the same manner and to the same extent as any other property owner, including the payment of reasonable charges and fees.  DEQ is responsible for completing delineation and assessments for PWS operated by the following federal agencies: Forest Service, Bureau of Land Management, National Park Service, Border Patrol, and Bureau of Reclamation.  Federal agencies are encouraged as PWS operators to establish source water protection plans.  In addition, federal agencies will be encouraged to participate on source water protection committees where their land is within source water protection areas of non-federal PWS.

Montana Rural Water Systems Inc. (MRWS) uses EPA funds to assist small PWS in completing source water protection plans.  An MRWS groundwater technician is contracted by EPA to assist PWS in developing source water protection plans.  Also, MRWS is required under the EPA contract to set aside a certain number of hours to address priorities established through an annual forum with EPA and Montana DEQ.

2.4 Coordination between State and other Governments

2.4.1 Coordination between State Agencies and Community Planning Teams

Coordination between state and local entities is an integral part of the SWPP.  DEQ will provide technical assistance and training and educational materials such as videos, groundwater flow models and brochures to communities.  DEQ will assist local entities with the help of MBMG, DNRC, and NRIS.  Areas of assistance include gathering scientific data on source waters, delineating source water protection areas, and identifying locations for new wells.  DEQ also will provide information on site-specific strategies to effectively manage source water protection areas.

DEQ will train local groups to establish source water protection plans for PWS, and will distribute information regarding regulatory programs and development and implementation of a source water protection plan. DEQ also will hold public meetings and inform citizens through the news media about source water protection plans and inform local entities of funding sources and methods to apply for them.  Appendix E includes the DEQ Public Awareness and Education Action Plan.

Municipalities and county governments are authorized through various citations in the MCA to manage threats to the quality of their source water.  Additionally, DEQ will implement many of the recommendations of the Groundwater section of the Montana Water Plan.

MBMG evaluates Montana's aquifers under the Groundwater Assessment Act (MCA 85-2-901 to 907). The Groundwater Assessment Steering Committee prioritizes aquifers for study.

2.4.2 Coordination between State and Federal Agencies

Federal lands are managed by several agencies including the Forest Service, Bureau of Land Management, Bureau of Reclamation, and Park Service.  The watershed or recharge area of many community PWS is under jurisdiction of one of these federal agencies.  In addition, these agencies operate many non-community PWS.  DEQ will coordinate with federal agencies to develop source water protection plans for their PWS and to facilitate cooperative management of the source water protection areas of nonfederal PWS.

2.4.3 Coordination between State and Tribal or International Agencies

DEQ will coordinate the SWPP with similar programs that may be developed by the seven tribal governments whose reservations lie within Montana and upon their request. These are:  Crow, Northern Cheyenne, Confederated Salish/Kootenai, Blackfeet, Chippewa/Cree, and the Ft. Belknap and Ft. Peck tribes.   Tribally owned and operated water systems are not subject to state jurisdiction but DEQ will provide technical assistance with source water protection upon written request. The State-Tribal Cooperative Agreements Act (Title 18, chapter 11, part 1, MCA) authorizes public agencies, including cities, counties, school districts, and other agencies or departments of the state, to enter into cooperative agreements with Montana's tribal governments.

The border with Canada has several areas of concern to both countries.  Aquifers are shared and groundwater flow occurs in both a northerly and southerly direction at different locations along the border.  The headwaters of the Milk River are in Montana but the river flows through Canada prior to re-entering Montana where it is an important surface water source for several PWS in the north-central part of the state.  Where necessary due to hydrologic or hydrogeologic conditions, Montana will arrange international cooperation through U.S. EPA.

2.5 Certification of Source Water Delineation and Assessment Reports

Delineation and assessment reports completed by DEQ or a PWS under contract with DEQ must include information described in Appendix J.  Source water protection areas must be delineated, potential contaminant sources must be located, and susceptibility must be assessed for all significant potential contaminant sources according to methods and criteria specified in this document.

Reports completed under contract by a PWS and submitted to DEQ will be reviewed within 60 days and returned if deficiencies are found.  Decisions on final certification will be made by DEQ within 45 days after a PWS has corrected deficiencies to the satisfaction of DEQ.

2.6 Certification of Source Water Protection Plans

PWS are required to submit their source water protection plans to DEQ for review and certification.  The purpose of review and certification is to verify that source water protection plans meet requirements of the Safe Drinking Water Act and SWPP.

In order to be certified, a source water protection plan must include all information required by the Safe Drinking Water Act and the SWPP including susceptibility assessments.  If a report is certified, the PWS will receive a certificate signed by the supervisor of the Source Water Protection Section within 60 days after DEQ receives the plan.  If a report is incomplete or does not meet minimum requirements, Montana Source Water Protection Section staff will notify the PWS of the deficiencies within 60 days of receiving the plan and will work with them to correct deficiencies.  DEQ will review certified source water protection plans at 5-year intervals when updated contaminant source inventories are due.  Certification will be suspended if a PWS fails to update its inventory.  Five-year updates of previously certified plans will include susceptibility assessments for each new identified potential contaminant source and each active water source.  Susceptibility to all potential contaminant sources must be assessed for sources of water that were put in use within the previous five years.

SECTION 3

3.0 Delineation of Source Water Protection Areas

Source water protection areas are divided into regions according to the time water takes to reach a PWS intake.  The purpose of subdividing source water protection areas in this way is to prioritize source water protection efforts.  By focusing efforts on potential contaminant sources nearest to their water supply, communities can use limited resources most effectively.  Source water protection regions defined in this chapter are: the control zone, inventory region, and recharge region for groundwater sources and the spill response and watershed regions for surface water sources.

Source water protection areas for groundwater based systems will be delineated according to accepted methods under section 1428 of the SDWA .  Recommended methods and minimum criteria for delineating source water protection areas are described in this section and Table 1.  Delineation methods and criteria are presented for community PWS that obtain water from unconfined aquifers, confined aquifers, surface waters, and sources that use groundwater and surface water conjunctively.  Delineation methods to identify source water protection areas for non-community PWS are described separately.

PWS may delineate the subregions of their source water protection area using an analysis that is more in-depth than that described in this section.  For example, a numerical groundwater flow model or stream flow model can be used.  For detailed information on alternative delineation approaches, see Guidelines for Delineation of Wellhead Protection Areas (EPA 1987), Delineation of Wellhead Protection Areas in Fractured Rock (EPA 1991), or Handbook of Ground Water and Wellhead Protection (EPA 1994).  Additional information also is available from EPA on its Source Water Protection Internet site (http://www.epa.gov/safewater/protect.html) .  The U.S. Army Corps of Engineers develops software and can provide information on runoff and stream flow modeling at its Internet site (http://www.wrc-hec.usace.army.mil/).

3.1 Rationale for Source Water Delineation Methods and Criteria

The methods and criteria used to develop source water protection plans are tailored to the unique character of Montana's PWS and the nature of the source waters available to them.  Sixty percent of community PWS in Montana serve 100 or fewer people.  These small supplies have very limited financial and staff resources.  Consequently, the methods and criteria presented here are designed to be cost-effective so resources can be directed toward effective management of source water protection areas.

During development of WHPP, DEQ (the environmental programs of the former Department of Health and Environmental Sciences) ranked potential delineation criteria using a matrix provided by EPA.  The most appropriate criteria for delineating source water protection areas for aquifers found in Montana were identified using these ranks.  EPA’s potential delineation criteria ranked from most to least appropriate are: distance, groundwater flow boundaries, time-of-travel (TOT), drawdown, and assimilative or natural attenuation capacity.  Montana's program uses distance, groundwater flow boundaries, and TOT for groundwater sources.  The criteria used to delineate source water protection areas for surface water sources are distance, watershed boundaries, and TOT.

Delineation approaches for wells intercepting multiple aquifers are not specified because ARM (36.21.650) prohibit construction of wells that allows deleterious interflow between aquifers.  Under these rules, an aquifer is defined as any discrete water-bearing unit with a specific water chemistry, temperature, or hydrostatic head (ARM 36.21.634).  Deleterious interflow is deemed to occur if any of these parameters are changed in an aquifer because a well provides a conduit for flow from another aquifer.  No concerted effort has been made to locate wells interconnecting multiple aquifers or to plug and abandon them. 

Effort will be made to match boundaries of source water protection areas to physical or political boundaries, such as a stream or river, city limits, streets, or section lines in order to facilitate management decisions.  Notwithstanding, boundaries will include at least those areas delineated using criteria listed in Table 1.

3.2 Methods and Criteria for Delineating Source Water Protection Areas for Groundwater Sources

Groundwater sources are dug, drilled, bored, or driven wells, infiltration lines (including Ranney collectors), and spring boxes.  Source water protection regions for groundwater sources consist of the control zone, inventory region, and recharge region.  These regions are defined with the intent that they receive different types and levels of management depending on the likelihood that contaminants will reach a water intake.  The control zone is the most critical area in the vicinity of a PWS where direct introduction of contaminants into the water intake or immediate area can occur.  All land use activities will be inventoried within the control zone.  The Inventory Region encompasses the area expected to contribute water to a PWS within a fixed distance or a specified groundwater travel time (Figure 5).  State and federal databases of potential contaminant sources will be inventoried and land uses will be identified in the inventory region.  The recharge region is generally the entire area contributing recharge to groundwater that may flow to a drinking water supply over long time periods or under higher rate of usage.  General land uses and large industrial facilities including mines will be identified in the recharge region by searching state and federal databases pertaining to contaminant sources.

3.2.1 Control Zone

The goal of management in control zones is to protect sources from damage and to prevent direct introduction of contaminants into sources or the immediate surrounding area. PWS or other local entities manage control zones.  Ownership, easement, or lease of the land immediately surrounding water intakes is usually necessary to control access and eliminate possible use of chemicals nearby.  Examples of contaminant control methods are: fencing the property, proper chemical storage, sloping the land surface away from a well, and building a secure well house.

Control zones are areas that lie within a fixed distance of a groundwater source.

3.2.2 Inventory Region

Management in inventory regions will be focused on pollution prevention activities where water is likely to flow to a PWS well intake within a specified time-period.  The goal of management in inventory regions is minimizing susceptibility to contamination.  Management actions may address specific contaminants such as microbes, nitrate, fuels, solvents, pesticides and herbicides, or specific metals.  Local regulations may be developed and implemented to prohibit storage or use of certain potential sources of contamination or to require leak detection monitoring or secondary containment for chemical storage tanks.  Houses on septic systems can be hooked up to a public sewage treatment system, or BMPs can be implemented to control non-point sources of contamination.

Inventory regions for sources in confined aquifers will extend fixed distances from wellheads.  Inventory regions for unconfined aquifers will be delineated for a specified TOT using an analytical method. The area that is delineated in this way, called the zone of contribution (ZOC), encompasses all areas or features expected to supply groundwater recharge to a PWS well within the specified time.  In cases where TOT distances are less than 1,000 feet the upgradient extent of inventory regions will be 1,000 feet.  The distance can be shorter than 1,000 feet only if an aquifer flow boundary is encountered.  EPA recommends calculating TOT distances using uniform-flow equations (EPA 1993) as the basic analytical method for delineating ZOCs.  A description of other analytical methods available for determining ZOCs can be found in Appendix H.  Semiconfined groundwater conditions may be encountered in deeper portions of alluvial valley or fractured bedrock aquifers.  At locations where groundwater is semiconfined, it is necessary to use delineation methods for unconfined aquifers.

TOT criteria will not be used to delineate inventory regions in unconfined bedrock aquifers where preferential flow may occur along fractures or solution openings.  Instead, inventory regions will be delineated by upgradient boundaries of unconfined portions of fractured or carbonate source aquifers.  Inventory regions of wells in fractured or carbonate aquifers that are confined will extend a fixed distance, the same as for other confined aquifers.

3.2.3 Recharge Region

The goal of management in recharge regions is to maintain and improve the long-term quality of groundwater used by PWS.  Recharge regions will include all land overlying the aquifer but outside the inventory region.  Sources of contamination can be limited or controlled, BMPs can be implemented, and public education programs can be organized.  Land use agreements and site plan reviews are additional tools of protective management.  Where recharge regions straddle boundaries with other states, Canada, or Indian reservations, assistance from EPA will be requested to facilitate protection activities.  Recharge regions will be delineated by mapping physical and hydrologic boundaries that limit flow to groundwater sources.  Groundwater flow boundaries typically coincide with streams, geologic formation contacts, faults, aquifer outcrops, and topographic divides.  Contacts between alluvial valley aquifers in western Montana and adjacent mountainsides will usually be delineated as groundwater flow boundaries because hydraulic conductivities differ significantly between formations.  Outcrops in isolated mountain ranges will usually define the boundary of confined aquifers in eastern Montana.  Shifts of groundwater divides that result from human activities near PWS wells will be evaluated when determining flow boundaries.  Irrigation of cropland by flooding and large capacity wells are examples of human activities that can shift groundwater divides.

3.2.4 Nonadjacent Recharge Areas for Confined Aquifers

Confined aquifers underlying the plains of eastern Montana receive recharge where they outcrop in distant, isolated mountain ranges.  The Source Water Assessment Advisory Council specifically recommended including nonadjacent recharge areas in source water protection areas.  Following their recommendations, outcrops of confined or semiconfined aquifers will be identified as areas of concern.  Nonadjacent recharge areas will be managed as recharge regions and land uses and large industrial facilities will be identified therein.  Exploitation of precious metals deposits and sources of other renewable and non-renewable resources that often are found in these isolated mountain ranges are of particular concern.  The method recommended for delineating nonadjacent recharge areas is hydrogeologic mapping.

3.3 Delineation of Source Water Protection Areas for Surface Water Sources

Source water protection areas for surface water sources will be delineated according to the methods and criteria described in this section.  Two different regions, the spill response region and the watershed region, are identified with different management goals.  Management in the spill response region will focus on the threat of potential chemical spills and sources of microbial contaminants.  State and federal databases of all potential contaminant sources will be inventoried and land uses will be identified in the spill response region.  The watershed region is a much larger area that will be managed to protect the long-term quality of drinking water sources from large point contaminant sources and non-point sources.  General land use, Montana Pollutant Discharge Elimination System (MPDES) permit holders, pipelines, and large industrial facilities including mines will be identified in watershed regions by searching state and federal databases of potential contaminant sources.

3.3.1 Spill Response Region

Spill response regions are similar to control zones for groundwater sources in that they are designated to prevent releases of contaminants where they can be drawn directly into a water intake with little lag time.  However, the level of control prescribed for control zones is not possible for the much larger spill response regions.  Instead of control by ownership, emergency response and spill prevention plans may be developed or regulations may be developed to control potential sources of contamination.  Parkways can be dedicated to filter runoff and increase infiltration and containment barriers can be constructed to prevent chemical spills on roads or railways from reaching surface waters.

Spill response regions will extend one-half mile downstream and ten miles upstream from intakes and include half-mile-wide buffers adjacent to all shorelines (Figure 6).  Alternatively, buffers can be as narrow as 1000-feet wide but only if they correspond to physiographic features defined by land slope, soil characteristics, or vegetation.  Buffers for stream sources will extend up major tributaries a total of 10-miles from the intake.  Buffers along tributaries of reservoirs will not extend past one-half mile from the reservoir.

Spill response regions will not extend outside the watershed, except in cases of inter-basin transfer.  Spill response regions in the case of inter-basin transfer will extend a total of 10 miles upstream from an intake.

3.3.2 Watershed Region

The goal of management in watershed regions is to maintain and improve the long-term quality of surface water used by PWS.  Watershed regions will include all land and water contained in the drainage basin upstream of surface water intakes.  These regions can include thousands of square miles for PWS along the Missouri and Yellowstone rivers.  Consequently, to manage watershed regions effectively the state will be divided into four regions defined by the DEQ Watershed Management Section (Figure 7).  Efforts will be made to cooperate with bordering states, Indian reservations, and Canada in managing watersheds that extend outside the state's responsibility under SWPP.  Watersheds cross state borders in the upper reaches of the Yellowstone, Missouri and Milk rivers, however, the City of Havre is the only PWS that draws water from a surface water source near the state's border.  There will be several PWS, however, where transboundary cooperation with Native American tribes will be necessary.  Assistance will be requested from EPA to coordinate contaminant source inventories with Canadian provinces and to facilitate management of source water protection areas that cross reservation boundaries.

Management of watershed regions will be addressed through the State Water Plan because of the large areas involved.  The State Water Plan is required by state law to “...set out a progressive program for the conservation, development, and utilization of the state's water resources.”  Actions to maintain or improve water quality will primarily be conducted through existing programs.  Section 319, Nonpoint Source Program, and Section 303d, TMDL Program of the Clean Water Act, will be the primary mechanisms used.  Under the TMDL program, MPDES discharges may be limited or controlled and/or BMPs may be required for non-point sources of contaminants.  Other watershed management initiatives facilitated by DEQ may include public education programs, land use agreements, water quality monitoring, and site plan reviews of major industrial facilities.

3.4 Conjunctive Delineation of Groundwater and Surface Water

Procedures for conjunctive delineation apply when groundwater and surface water are hydraulically connected.  Groundwater and surface water are considered hydraulically connected if a stream, lake, or reservoir overlies or is in contact with an unconfined alluvial valley aquifer or an outcrop of a carbonate or fractured rock aquifer.  The methods used to delineate inventory regions for groundwater sources and sources classified as ground water under the direct influence of surface water (GWUDISW) will differ from the standard groundwater delineation method where groundwater and surface water are used conjunctively.

In addition to groundwater ZOCs, inventory regions for groundwater sources will include ½ mile buffers around surface waters that are hydraulically connected to source aquifers and located within 3-year TOT of a PWS well.  Buffer zones will extend 10 miles upstream from the groundwater ZOCs or to watershed limits, whichever distance is shorter. A complete inventory of state and federal databases of potential contaminant sources will be conducted in the groundwater ZOC.  State and federal databases will be inventoried to identify general land uses and sources of microbial contaminants within the surface water buffer.  Microbial contaminants typically originate from concentrated animal feeding operations, septic tanks, class V injection wells, municipal sanitary sewers, and wastewater treatment facilities.

Inventory regions for sources classified as GWUDISW will be delineated by ZOCs corresponding to 3-year TOTs, similar to groundwater sources.  In addition, inventory regions for GWUDISW will include ½ mile buffers around associated surface waters for 10 miles upstream of the groundwater ZOCs or to watershed limits, whichever distance is shorter.  A complete inventory of state and federal databases of potential contaminant sources will be conducted in groundwater ZOCs.  State and federal databases will be inventoried to identify general land uses and sources of microbial contaminants within the surface water buffer.

Spill response regions for surface water sources will include aquifers within delineated buffer zones that are hydraulically connected to surface water sources.  State and federal databases of potential contaminant sources will be inventoried and land uses will be identified in spill response regions.

3.5 Delineation of Source Water Protection Areas for Non-community Public Water Supplies

Non-community PWS are defined as those that serve 25 or more persons per day but do not regularly serve the same persons for at least six months a year.  This group includes rural schools and hospitals, businesses, campgrounds, motels, restaurants and highway rest stops.  Non-community PWS are the largest segment of regulated PWS in Montana.  Approximately 1,300 out of 1,900 PWS are classified as non-community.  Except for children at rural schools and employees of businesses, non-community PWS primarily serve transient populations.

At a minimum, control zones and inventory regions for Non-community PWS wells will be delineated as fixed radius circles (see Table 1).  Spill response regions consisting of half-mile-wide buffers will be delineated around reservoirs and along streams for 10 miles upstream from surface water intakes.  More in-depth analyses using the methods and criteria described for community systems may be required where non-community PWS are ranked as highly susceptible to contamination.

3.6 Additional Delineation Requirements for Filtration Waiver Applications

Preliminary analyses of groundwater sources that may be under the direct influence of surface water will be conducted by DEQ=s Public Water Supply Section for all PWS wells prior to delineating source water protection areas.  Wells that score 40 or greater on a preliminary analysis must be evaluated to determine whether they should be classified as GWUDISW.  If a source is classified as GWUDISW a Watershed Plan as specified in DEQ Circular PWS-3 will be required to provide information sufficient to evaluate an application for a filtration waiver.

Table 1. Methods and criteria for delineating source water protection regions for PWS.

SECTION 4

4.0 Inventory of Potential Contaminant Sources

Inventories of potential sources of contamination will be conducted to assess the susceptibility of drinking water sources to contamination and to identify management options.  Source inventories will concentrate on potential sources of contaminants that are the greatest threat to health.  All facilities, activities, or land uses where a contaminant is present that may be released to a drinking water source in quantities sufficient to threaten human health will be identified as potential contaminant sources.  Potential drinking water contaminant indices identified by EPA will be the main reference used to identify potential contaminant sources (see Appendix K).  Sources of all primary drinking water contaminants and cryptosporidium will be identified where practical, however, the contaminants of greatest concern in Montana are nitrate, microbial contaminants, solvents, and pesticides.  Metals are of concern in certain areas.

4.1 Known Groundwater Contamination in Montana

Approximately 126,000 individual on-site septic systems are used by 252,000 people in Montana. Septic systems are believed to cause substantial, widespread nutrient and microbial contamination to groundwater.  Groundwater monitoring in Montana has shown elevated nitrate levels near areas of concentrated septic systems (Drake 1995).  Nitrate levels at or above 10 mg/l can inhibit the oxygen-carrying capacity of blood; this effect, known as "blue baby syndrome," can be fatal to infants.  Bacteria can cause several waterborne diseases such as typhoid and gastroenteritis while the potential health effects of viruses from septic systems are unknown.

Disposal of industrial wastewater into open-bottomed drains or septic systems (also known as sumps, french drains, or seepage pits) is a major threat to Montana's groundwater.  Organic solvents can be flushed into unconfined alluvial aquifers in urban areas via these drains that are also termed "injection wells" and regulated by federal law (see http://www.epa.gov/ogwdw/uic.html).  PWS wells in Missoula and Bozeman have been abandoned after being contaminated with solvents.  No studies have been conducted to find out how many private wells may also be contaminated.  EPA estimates there are about 400 industrial injection wells and 200 automotive injection wells in Montana.  More than 300 automotive injection wells have already been closed by converting the operation to a "dry shop" or connecting to a sanitary sewer.  Municipal storm water sewers can contaminate groundwater if chemicals from numerous everyday spills are picked up in runoff.  Comprehensive monitoring has not been conducted to determine how vulnerable groundwater in Montana is to contamination by storm water runoff, however.

The locations of 26,736 underground fuel storage tanks have been registered in Montana since tank registration began in the mid-1980s.  Most of those tanks have been removed or permanently closed.  In June 1998, there were 5,872 active tanks.  There have been 3,295 confirmed leaks from underground tanks in Montana, 1,959 of which have undergone remediation.  About half of the leaks reached groundwater.  Five leaks resulted in contamination of PWS by benzene, a carcinogen.

Montana has eight sites listed on the federal Superfund National Priority List under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); these sites are often referred to as CERCLA or Superfund sites.  As of June 1998, 187 sites were prioritized for remedial action through CECRA, Montana’s superfund.  Unlike CERCLA, CECRA also addresses sites that have asbestos or petroleum contamination.  Ninety-four of the CECRA sites have documented impacts to groundwater.

In July 1996, through the reorganization of state government, groundwater sites that require long-term remediation but are not associated with permitting, underground storage tanks, or CECRA sites, were assigned to the Remediation Division in DEQ.  In mid-1998 there were 84 groundwater remediation program sites.  These sites include petroleum pipeline ruptures, spills associated with tanker truck wrecks, abandoned dumps, former dry cleaning facilities, transformer oil spills, and leaks from sewer lines.  Approximately 79 of these sites are handled by the Ground Water Remediation Program of Hazardous Waste Site Cleanup Bureau.  Five sites are being handled by the bureau's Petroleum Release Section.

Over 100 years of hard rock and coal mining in Montana has exposed large volumes of mine waste rock, spent ore, and mill tailings to weathering processes.  Numerous streams are contaminated by water containing dissolved metals leached from these wastes or drained from mine adits.  Groundwater in alluvial aquifers underlying many of these streams also is contaminated with metals.  Releases of cyanide from active and abandoned mines have resulted from failure of impoundment liners, failure of heap leach pad liners, or through the failure of piping designed to transport process solution.  Three releases resulted in the contamination of domestic water supplies.

An average of 300 accidental spills are reported each year to the Montana Hazardous Materials Emergency Response System.  About 5 percent require extensive cleanup and monitoring.  In 1995, a derailment in the Helena rail yard spilled 17,400 gallons of fuel oil.  Monitoring confirmed that prompt removal of the contaminated soil prevented the contaminants from reaching groundwater.

Several pesticides have been detected in Montana groundwater: aldicarb sulfoxide and aldicarb sulfone, Assert and its metabolite-imazamethabenz methyl, atrazine, bromacil, clopyralid, dicamba, dinoseb, diuron, imazapyr, MCPA, picloram, pentachlorophenol, prometon, simazine, and 2,4-D.  Of those detected in PWS wells, all were below established health guidance levels except for pentachlorophenol and dinoseb.  In three cases, pesticides have been detected in wells that supply water to rural schools.  The Montana Agricultural Chemical Ground Water Protection Act directs the Montana Department of Agriculture (MDA) to develop a general management plan and specific management plans implementing BMPs where pesticides are detected in the groundwater.  The statewide general pesticide management plan was completed in 1994.  A specific management plan is currently being developed by MDA for Assert and its metabolite.

Twenty-five years ago the state had roughly 500 landfills and waste dumps, most of which have been closed.  Those that have not been closed have been converted to container sites which are regulated by local government.  In June 1998, there were 60 licensed Class II solid waste management facilities in Montana: 36 municipal/county landfills, 9 transfer stations, 10 soil treatment facilities, 1 incinerator, 1 infectious waste treatment facility, and 2 compost facilities.  These facilities generally can except any solid waste that is not a regulated hazardous waste.  Thirty-one active, and 10 inactive Class II solid waste management facilities currently monitor groundwater quality.  There also are 62 Class III solid waste management facilities that can only except relatively inert wastes such as wood wastes and concrete that do not contain hazardous waste constituents.

The Montana Salinity Control Association estimates that saline seep has lowered the productivity of over 300,000 acres of agricultural land in Montana.  Saline seep affects not only soil but also shallow groundwater and surface water.  Saline seep occurs when water percolates beneath the root zone and becomes trapped by clay or shale layers.  The water dissolves sodium, calcium, magnesium, sulfate, nitrate and occasionally selenium as it flows through the soils.  If the clay or shale layers intersect the surface of the ground, a seep forms and leaves white salts as the water evaporates.  The conditions that can produce saline seep exist on over 17,000 square miles in Montana.

The Montana Agricultural Statistics Service estimates there were 2.7 million cattle in Montana in June 1998.  Currently (September 1999), 61 concentrated animal feeding operations have discharge permits that allow a wastewater discharge only in case of an unusually large precipitation event.

Table 2 is a list of potential contaminant sources for Montana.  The categories in this list were developed for the Texas Wellhead Protection Program.  Sources were included on the basis of their relative threat to groundwater quality and a contaminant source evaluation and inventory done for the Missoula Wellhead Protection Area.  See Appendix K for a more detailed list of contaminant sources.

Table 2. Potential sources of contamination of public water supplies.

4.2 Existing Information on Contaminant Sources

DEQ tracks spills that may contaminate groundwater and enters the information on a database. Databases also are maintained on groundwater, storm water, and surface water discharge permits.  All establishments that annually use 20 gallons or more of halogenated solvents must register with DEQ (Title 75, Chapter 10, Part 451 MCA).  To date, more than 200 businesses have registered.  DEQ also has copies of the SARA Title III database for Montana.  See http://www.nrc.uscg.mil/foia.html for federally managed data on reported spills.

Specific state programs, such as the Underground Storage Tank Program, Agricultural Chemicals in Ground water Program, and Hazardous Waste Program regulate specific categories of contaminants.  Each agency implements its own inventory of sources.  EPA provides access to source information in the Toxic Release Inventory, Resource Conservation and Recovery Act Information System, Permit Compliance System, and Superfund Database through the Envirofacts Internet site (http://www.epa.gov/enviro/).  The available inventories will be combined and displayed by NRIS using a GIS mapping system to facilitate access and management.  These databases will add to groundwater pollution data that is already available from NRIS.  DEQ, DNRC, MDA, and local entities will supply the contaminant source information for the database.

Local fire chiefs inspect work places and may have information on the hazardous chemicals used and stored.  The Employee and Community Hazardous Chemical Information Act (Title 50, Chapter 78, Part 301 et seq. MCA) requires each work place to inventory and properly label all hazardous chemicals.

Many federal land management agencies have inventoried hazards and prepared management plans that outline the activities occurring on public lands.  When public lands are contained within the source water protection area, site specific information that may include GIS data is available from the appropriate land management agency.

4.3 Inventory Procedures

Inventories will target anthropogenic sources of potentially harmful contaminants within source water protection areas of community and non-community PWS.  Sources of all primary drinking water contaminants and cryptosporidium will be considered, however, inventories will concentrate on significant potential sources of nitrate, microbial contaminants, volatile organic chemicals (VOCs), and synthetic organic chemicals (SOCs).  Significant potential sources of metals identified in Appendix K will be targeted in inventories; these sources will primarily be active or abandoned mines and industrial facilities.  Inventories for transient PWS will only address sources of contaminants with acute health effects (microbial contaminants and nitrate).

Nitrate and microbial contaminants typically originate from concentrated animal feeding operations, septic tanks, class V injection wells, municipal sanitary sewers, and wastewater treatment facilities.  Nitrate also derives from fertilizer leached from cultivated cropland.  VOCs consisting primarily of solvents and components of fuels originate from businesses where they are generated, stored or used.  SOCs are primarily herbicides and pesticides; they may be used along major transportation routes and on cultivated cropland.  Metals are most often found in water draining from abandoned mines, mine wastes or watersheds containing mineralized rock formations.  Metals also come from geothermal water that enters streams in Yellowstone Park in the headwaters of the Missouri River.

Businesses or activities considered significant potential contaminant sources are listed in Table 3 and described below.  Electronic data from various resource agencies will be combined in a GIS system in order to complete inventories.  Potential contaminant sources will be classified in contaminant inventories according to the 14 categories in Table 3.  The level of information included for each source is determined by the availability of GIS coverages or other databases.  PWS personnel, other local officials, and residents will be asked to add details that are not available in databases.  A discussion of the nature and availability of data for each source category follows.

Table 3.  Source categories and information to be included in contaminant inventories.

Septic Systems -Septic system densities will be estimated from population density and the average number of persons per household.  Actual septic system densities will be used if they are available.

Animal Feeding Operations - Locations of animal feeding operations will be obtained from the DEQ Permit Database.  PWS Personnel, other local officials, and long-time residents will be relied on for additional information.

Underground Storage Tanks – Locations will be obtained from DEQ’s database of underground storage tanks. ).

Underground Storage Tank Leaks – DEQ database of underground storage tanks will be queried.

State and Federal Superfund Sites - Information will be obtained from the Comprehensive Environmental Response, Compensation, and Liability Information System using EPA’s Envirofacts Query System (http://www.epa.gov/enviro/) and DEQ database of CECRA sites.

RCRA Large Quantity Generators - Information will be obtained from the Resource Conservation and Recovery Information System using EPA’s Envirofacts Query System (http://www.epa.gov/enviro/).

Underground Injection Wells - Information on locations of Class II wells will come from the Montana State Board of Oil and Gas.  Information on injection wells in classes I, III, IV, and V will come from EPA’s Underground Injection Control Program.  Information for Class V injection wells also will come from Internet yellow pages, PWS personnel or other local officials, or long-time residents.  Businesses that generate, use, or store chemicals and are located in areas not served by sanitary sewer will be identified as possible locations of Class V wells.  Equipment manufacturing and repair facilities, printing or photographic shops, dry cleaners, farm chemical suppliers, and wholesale fuel suppliers will be targeted by Standard Industrial Classification (SIC) code. 

Wastewater Treatment / Spray Irrigation / Lagoons - Locations of facilities under this category will come from the DEQ permit database, PWS personnel, other local officials, and long-time residents.

Landfills – Locations of landfills will be obtained from NRIS (http://nris.state.mt.us/gis/datalist.html).

Mines - Locations of abandoned mines will be obtained from NRIS (http://nris.state.mt.us/gis/datalist.html).  Locations of active mines will be obtained from the DEQ Industrial and Energy Minerals Bureau of the Permitting and Compliance Division.

MPDES Wastewater Discharges - Locations of MPDES permit holders will be obtained from EPA's Permit Compliance System database and DEQ files.

Municipal Sanitary Sewers – Locations of sanitary sewer service areas and sewer mains will be obtained from municipalities.

Municipal Stormwater Sewers – Locations of stormwater sewer discharges will be obtained from municipalities.  A business phone directory will be queried to identify businesses that generate, use, or store chemicals in areas drained by stormwater sewers.  Equipment manufacturing and/or repair facilities, printing or photographic shops, dry cleaners, farm chemical suppliers, and wholesale fuel suppliers will be targeted by SIC code.

Storm Water Discharges - Discharges in this category are those that usually are not listed in the PCS database.  DEQ=s Permit Database will be the primary source of information on these sources.

Highways, Railroads, and Oil and Gas Pipelines - Locations of highways and railroads will be obtained from maps or from 1:100,000 scale TIGER census data.  Pipeline locations are available in GIS coverage from DEQ.

Cultivated Cropland - Agricultural land cultivated on a regular basis will be identified from data obtained from the U.S. Geological Survey (USGS) Geographic Information Retrieval and Analysis System.

Contaminant source inventories will be completed by DEQ, volunteers from the community, local government employees, and private consultants.  Senior citizens are particularly valuable volunteers because they have observed the development of their communities over a number of years.  Students in college business programs or service groups such as Scouts and 4H also are valuable volunteers. Another possibility would have the state set up community volunteer programs under state or other appropriate quality supervision that can accomplish lower‑cost methods to locate potential sources of contamination. EPA recommends credible groups within each source water protection area do the inventories such as the elderly, through RSVP programs or younger people such as the Girl Scouts, Boy Scouts, or 4H club members. The Planning, Prevention and Assistance Division will facilitate by offering training for volunteers and local government employees in the contaminant source inventory process.  See also the Montana Source Water Protection Technical Guidance Manual (MBMG, 1998).  All known significant potential contaminant sources within source water protection areas will be accurately located on GIS base maps consisting of digital elevation models, line graphs, or similar base layers.  Each base map will include an annotated street map and boundaries of source water protection areas.  Significant potential contaminant sources will be identified by a number that links map locations to information contained on a contaminant inventory form (see Appendix F).  Information on each source will include:

#         A unique identification number, and all existing site or inventory numbers if site is regulated.

#         Address, latitude/longitude, and township/range/section of the site

#         Name, address and phone number of landowners

#         Name, address and phone number of any renters or lease holders

#         Type of activity of concern

#         Chemicals used or stored, including Chemical Abstracts Service registry number where appropriate

The accuracy and completeness of the available data will be confirmed by local PWS personnel, sanitary surveyors, or parties contracted by DEQ to provide technical assistance to PWS.  Once potential contaminant sources are located on the delineation base map the PWS operator will review it and recommend any needed additions, deletions, or corrections.  Documentation will be required to support proposed changes.  Confirmation of inventory results was addressed by the Montana Source Water Assessment Advisory Council and is implemented under their recommendation.

Contaminant source inventories will be updated annually and submitted to DEQ every 5 years.

SECTION 6

6.0 Source Water Protection Area Management

The ultimate goal of SWPP is to protect and benefit PWS.  The mechanism under SWPP that will provide the greatest protection and benefit is the source water protection plan.  Source water protection plans describe actions that when taken will reduce the susceptibility of a PWS to contamination.  PWS in Montana are not required to develop source water protection plans, however, DEQ can provide technical assistance and limited financial assistance to PWS choosing to develop and carry out a plan.  Although help from DEQ is available, local effort and initiative are key to developing useful plans.

A source water protection plan should focus on significant potential contaminant sources that have the highest susceptibility rank.  Effective plans consider local hydrological or hydrogeological conditions, land uses, and political and economic considerations.  Source water protection plans can be implemented through existing local, state, and federal environmental programs, such as permitting, inspections, and enforcement or through new initiatives.

Developing a source water protection plan is a six-step process.  The steps are:  1) getting organized, 2) delineating the land area to be protected, 3) identifying potential contaminant sources, 4) developing a management plan, 5) planning for the future through emergency plan preparation, and 6) DEQ review and certification of the plan.

6.1 Options for Managing Source Water Protection Areas

The best management strategy for a local entity will depend on the nature of the source water, the size of the source water protection area, and the characteristics of potential contaminant sources.  Selection of a management strategy also may depend on whether a local entity has legislative or governing powers.  In all cases however, DEQ will encourage practical approaches and emphasize that effective management usually does not require new regulations.

All facilities, activities, or land uses where there is a contaminant that may be released to a drinking water source in quantities sufficient to threaten human health will be considered potential contaminant sources.  These facilities, activities, or land uses will be targeted for management according to the results of the susceptibility assessment.  Table 7 lists available management methods for each source water protection region listed in order of preference and Appendix C lists existing statutes that regulate pollution sources.  (See Figures 5 and 6 for the locations of each region inside a source water protection area.)

The authority of local governments to regulate activities detrimental to PWS or to engage in activities that protect the PWS is described, in part, in Table 8.

Sheridan and Missoula provide examples of management approaches.  The town of Sheridan developed an ordinance to use permits to oversee potential sources of contaminants.  Sheridan used the existing city structure and state regulations to implement the ordinance.  Missoula developed a city ordinance to prohibit or regulate hazardous and toxic substances within its source water protection areas.  The ordinance is administered by the Missoula City/County Health Department through a Local Water Quality District.

Table 7. Methods available to local communities to manage source water protection areas.

Table 8. Authority of Local Government

Examples of local ordinances can be provided by DEQ.  A Compendium of Local Source water Protection Ordinance also can be made available.  For a complete discussion of management options available for source water protection in Montana see The Montana Source Water Protection Technical Guidance Manual (MBMG 1998).

6.2 Education Assistance Programs

Education and information is the most visible assistance activity of the Montana Source Water Protection Program (see Appendix E for the Public Awareness and Education Action Plan).  DEQ, in conjunction with Montana Environmental Training Center and Montana Rural Water, provides training in water quality issues and management of contamination sources.  Classes are held around the state and provide continuing education credits for re-certification of water and wastewater plant operators.  Each year, DEQ holds two 1-week Water Schools.  Source water protection is included as a half-day session in classes sponsored by the Montana Environmental Training Center and the Water School.

The Source Water Protection Section of DEQ joins with other state agencies, local groups and businesses in promoting waste reduction and pollution prevention programs as outlined in the Montana Integrated Waste Management Act (Title 75, Chapter 10, Part 801 to 807 MCA) and advocated by the Pollution Prevention Bureau of DEQ.  Montana State University Extension Service has several programs addressing pollution prevention.  MSU=s Montana Pollution Prevention Program provides education, training, and technical assistance for small businesses.  Additional programs are FarmAsyst, which addresses protection of private wells, and the Urban Pest Management Program, which addresses residential use of pesticides.  Local weed control boards participate in weed control efforts whose success may be dependent on the use of certain chemicals and physical control methods; these are useful tools selective use of which may decrease the need for them in the future.

EPA has a training module, called the Source Water Protection Implementation Training Module, which covers all aspects of source water protection, and DEQ has a portable display on the source water protection program.  Each will be used at meetings and other gatherings to publicize source water protection (see Table 8 for groups with annual meetings or newsletters where source water protection can be publicized).

6.3 Links to Existing Water Quality Protection Program

The source water protection program is connected to many other water quality protection activities in Montana.  The most apparent and direct connections are through the DEQ.  The chart entitled Montana Ground Water Protection Related Programs, Activities, Legislations, and Implementing Agencies in Appendix C describes DEQ programs with links to source water protection.  How these links to other programs occur are described as Roles and Duties in Section 2.0 of this document.  Source Water Protection Section personnel are participating on the agency's Watershed Management Core Team; an internal process intended to identify and develop an intra-agency watershed management approach.  The Source Water Protection Section at DEQ coordinates DEQ’s role in the Montana Ground Water Plan (a section of the Montana Water Plan).  The coordinating role ensures that public drinking water sources are considered in the statewide water planning process.

6.4 Identification of Uncontrolled Sources and Strategies for Their Reduction

Procedures are available to pursue new statutes if they are necessary to address potential uncontrolled contaminant sources.  In Montana, water issues are identified and prioritized for legislative action every two years by revising the State Water Plan.  The Groundwater Quality/Quantity Management Steering Committee coordinated by DNRC assists in developing and revising the State Water Plan by building a consensus on solutions to water problems through public participation.  The final recommendations that go to the Legislature are usually adopted and implemented.