§ 250.303. Aquifer determination; current use and currently planned use of aquifer groundwater.
(a) With the exception of seasonal, localized and hydrologically isolated perched systems under a property, all geologic formations or parts or groups of formations in this Commonwealth which are saturated are presumed to be aquifers for the purpose of applying the Statewide health standards. The term includes saturated residuum such as saprolite and other weathered rock strata or intervals developed from underlying bedrock and other saturated deposits overlying these formations to which the geologic formations are hydrologically connected.
(b) All groundwater in aquifers is presumed to be used or currently planned for use, unless determined otherwise by the Department under this section.
(1) The Department may determine, in writing, based on a demonstration by the person remediating a site identified in an NIR, that groundwater is not used or currently planned to be used, if:
(i) The public participation requirements of § 250.5 (relating to public notice by applicant) are met.
(ii) The requirements in subsection (c) are met within the site on the property and within a radius of 1,000 feet downgradient of the points of compliance plus any additional areas to which the contamination has migrated and might reasonably migrate at concentrations that exceed the MSC for groundwater used or currently planned to be used.
(2) Methods appropriate for determining current or currently planned future use may include door-to-door surveys, verifying community water system billing records and interviewing community water system suppliers with regard to their currently planned future groundwater use.
(c) The following requirements shall be met within the area described in subsection (b):
(1) No groundwater derived from wells or springs is used for drinking water or agricultural purposes.
(2) All downgradient properties are connected to a community water system.
(3) The area described in subsection (b) does not intersect a radius of 1/2 mile from a community water supply well source or does not intersect an area designated by the Department as a zone 2 wellhead protection area under Chapter 109 (relating to safe drinking water).
(4) At the time the nonuse aquifer determination request under subsection (b) is submitted to the Department, there are no existing documents developed by political subdivisions or community water system suppliers detailing the implementation of groundwater resources development (that is, no currently planned future uses) in the area specified in subsection (b)(1)(ii).
(d) If the Department determines that groundwater is not used or currently planned to be used, the following requirements apply within the area identified in subsection (b):
(1) The requirements in § 250.309 (relating to MSCs for surface water).
(2) The ecological screening process identified in § 250.311 (relating to evaluation of ecological receptors).
(3) The remediator shall establish institutional controls to maintain the integrity of the nonuse aquifer determination, or include a postremediation care plan in the final report detailing the process of routinely assessing and reporting to the Department compliance with subsection (c).
(i) Postremediation care plan provisions shall be implemented through an environmental covenant to insure compliance with subsection (c).
(ii) Postremediation assessment and reporting requirements shall continue until the property owner can demonstrate that the MSC for groundwater in aquifers used or currently planned for use is not exceeded at the point of compliance, and fate and transport analysis shows that the MSC will not be exceeded at that point in the future.
(e) The MSCs for groundwater in an aquifer that is not used or currently planned for use, under § 250.304(d) (relating to MSCs for groundwater), shall be met at the points of compliance identified in § 250.302 (relating to point of compliance)
(f) A nonuse aquifer areawide certification obtained under this subsection may be used by the remediator to demonstrate that the requirements of subsection (c) are met.
(1) With or without the presence of an associated NIR, the Department may determine, in writing, based on a demonstration by a municipal authority or political subdivision, that groundwater is not used or currently planned to be used in a specific geographic area, if the following conditions exist:
(i) The municipal authority or political subdivision demonstrates that the requirements of subsection (c) are met in the specific geographic area.
(ii) Municipal ordinances are in effect that prohibit the use of groundwater from wells or springs for drinking water or agricultural purposes.
(iii) Municipal ordinances are in effect that require all water users to connect to a community water supply system.
(2) If the municipal ordinances relied upon to make the demonstration in paragraph (1) are amended or repealed, the political subdivision or municipal authority who requested the areawide designation shall notify the Department in writing within 30 days of the effective date of the amendment or repeal.
Authority The provisions of this § 250.303 amended under sections 104(a) and 303(a) of the Land Recycling and Environmental Remediation Standards Act (35 P.S. § § 6026.104(a) and 6026.303(a)).
Source The provisions of this § 250.303 amended November 23, 2001, effective November 24, 2001, 31 Pa.B. 6395; amended January 7, 2011, effective January 8, 2011, 41 Pa.B. 230. Immediately preceding text appears at serial pages (285764) to (285766).
Cross References This section cited in 25 Pa. Code § 245.313 (relating to remedial action completion report); 25 Pa. Code § 250.5 (relating to public notice by applicant).
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