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Decent water quality in the United States for human consumption, agricultural usage, recreation, etc. is very pertinent, multi-state in nature, and heavily regulated by Federal government primarily under the authorities of the Clean Water Act, the Safe Drinking Water Act, and the Water Quality Act. Water quality standards established by

these acts tend to consist of three primary elements: (1) determination of the designated beneficial use or uses of a water-body or segment of a water-body; (2) determination of the water quality criteria necessary to protect the use or uses of that particular water-body; and (3) determination of an anti-degradation policy. Many aspects of existing bodies of water are considered including: naturally occurring pollutants, low-flow levels, hydrologic modifications, etc. Water quality standards are established which target protecting human health and aquatic life as well as preserving biological integrity. Ultimately, permits (such as the Clean Water Act’s Section 404 permit for dredging and filling in waters of the United States) are issued by the oversight agency, the U.S. Environmental Protection Agency at the Federal level and the Department of Health and Environment, Water Quality Control Division, at the State level, to enforce an anti-degradation policy.

Rural Development funding objectives should be consistent with the intentions of the Clean Water Act, the Safe Drinking Water Act, and the Water Quality Act as well as State government focuses.

Rural Development shall not authorize, fund, or carry out any proposal or project which would adversely affect the unique values of the water resources. Whenever a proposed action is determined to have the potential for impacting such a water resource, the Department of Public Health and Environment, Water Quality Control Division, should be consulted as early in the environmental impact analysis process as possible to evaluate the possible consequences of and protection requirements necessary concerning the action.

Rural Development environmental reviewers should insure that all required Federal (i.e. Section 404) and State permits are secured prior to finalizing environmental determinations.

Lead Hazard. Lead content in potable drinking water supplies has become known as a significant toxic metal hazard to human health contributing, per the U.S. Environmental Protection Agency (EPA), on average between 10 and 20 percent of total lead exposure in young children. The degree of harm depends upon the level of exposure.

The only way to be sure of the amount of lead in household water is to have water tested by a competent laboratory. The Department of Public Health and Environment, Water Quality Control Division, should be contacted regarding acceptable laboratories. Additionally, interested Rural Development applicants and borrowers should be given a copy of the EPA pamphlet, “Lead and Your Drinking Water”, available from the Rural Development State Environmental Coordinator.

There is an additional discussion of lead hazard in drinking water contained in the Lead Based Paint Section of this Guide.

The U.S. Environmental Protection Agency (EPA) has been tasked with

the dual responsibility of reducing the pollution of waterways and maintaining safe drinking water. The major objective is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters, including developing a comprehensive strategy to protect groundwater supplies from sources of contamination.

Federal. The public drinking water systems that EPA, and delegated states and tribes, regulate provide drinking water to 90 percent of Americans. These public drinking water systems, which may be publicly- or privately-owned, serve at least 25 people or 15 service connections for at least 60 days per year. Through the Public Water

System Supervision (PWSS) program, EPA implements and enforces drinking water standards to protect public health. EPA does not regulate drinking water wells that supply water to fewer than 25 people.

Approximately 23 million people in the U.S. obtain water from their own private drinking water supplies. Most of these supplies are drawn from ground water through wells, but some households also use water from streams or cisterns. EPA does not oversee private wells, although some state and local governments do set rules to protect users of these wells. EPA encourages these households to take special precautions to ensure the protection and maintenance of their drinking water supplies.

Water resources which could be impacted by Rural Development

actions include all surface and subsurface rivers, streams, creeks, lakes, ponds, aquifers, and wetlands. State permits are required for actions which affect certain point sources. Nonpoint sources, such as individual residential wastewater disposal systems, may also impact water resources significantly, especially where high density may develop. Non-point source best management practices should be implemented where appropriate. The Natural Resource Conservation Service and local Soil Conservation Districts are entities which traditionally provide technical assistance in this area. You can also check for info at http://www.epa/gov/OWOW/NPS/

Technology Planning and Management Corporation

“Drinking Water 101” (Web-site with a Microsoft Powerpoint presentation on the basics of drinking water) http://www.drinkingh2o.com/html/public.html

U.S. Environmental Protection Agency, Office of Ground Water and Drinking Water (Home page web-site) http://www.epa.gov/OGWDW/ Sole Source Aquifer Info: http://www.epa.gov/OGWDW/ssanp.html

The Federal Water Pollution Control Act provides for two types of standards: effluent standards and water quality standards. Section 1424 (e) of the Safe Drinking Water Act of 1974 authorizes the EPA's Administrator to designate an aquifer for special protection if it is the sole or principal drinking water resource for an area, and if its contamination would create a significant hazard to public health. The Administrator may make this designation on the basis of a citizen petition or upon EPA's own initiative. No commitment for federal financial assistance, through a grant, contract, loan guarantee or otherwise, may be entered into for any project that the Administrator determines may contaminate such a designated aquifer so as to create a significant hazard to public health.

The principal law related to wastewater is the Federal Water Pollution Control Act Amendments of 1972 as amended in 1977 (33 U.S.C. 1251-1376) and EPA implementing regulations (33-CFR, Parts 230, 320-325).

In addition, the Clean Water Act (1977), Section 208 requires states and localities to develop area-wide comprehensive plans for improving water quality in an area or state. Approval by local government should constitute verification that the projects conform to the state and/or local plan.

Information received from the applicant must include data to enable the preparer to make the necessary determination concerning water quality impacts. Applicants for USDA financial assistance that have plans to construct, purchase, alter, enlarge and/or refinance an animal feeding operation (AFO) or concentrated animal feeding operation (CAFO), must provide a Comprehensive Nutrient Management Plan (CNMP) for waste management. The plan should be developed in consultation with the USDA, State agencies or private consultants.

CNMP should address, as necessary, feed management, manure handling and storage, land application of manure, land management, record keeping, and other utilization options. While nutrients are often the major pollutants of concern, the plan should address risks from other pollutants, such as pathogens, to minimize water quality and public health impacts from AFO. In addition, the plan must include the method used to dispose of dead animals.

CNMP should be site-specific and be developed and implemented to address the goals and needs of the individual owner/operator, as well as the conditions on the farm (e.g., number of animals, soils, crops, and climate). CNMP should include a schedule to implement the management practices identified. Plans should also be periodically reviewed and revised in cases where a facility increases in size, changes its method of manure management, or if other operating conditions change. CNMP should encourage and facilitate technical innovation, sustainable agricultural systems, and new approaches to manure and nutrient management. The AFO owner or operator is ultimately responsible for the development and implementation of CNMP regardless of who provides technical assistance.

Feedlots may have an impact on water quality. The feedlot permitting process can be considered to be a mitigation measure in the completion of the environmental assessment. If the permit is already in place, and there are no other negative impacts to an important resource, and the applicant is actively complying with all the requirements of the permit, then the permit may be utilized in determining that the proposed action is a categorical exclusion.

Federal guidelines concerning feedlots are covered in 40CFR122.23. Refer EPA web site http://cfpub.epa.gov/npdes/afo/cafofinalrule.cfm

NPDES Storm Water regulations stipulate that storm water permits are required for discharges associated with industrial activities to include construction activities that disturbs more than 1 acre. The local County Conservation Districts review permit applications, issue permits and provides monitoring of the permit. DE and MD also have specific requirements for storm water management and permits. Local building, plumbing and health codes may be observed. National Pollutant Discharge Elimination System (NPDES) permits limiting the place, kind, and amount of discharge of pollutants that will be allowed.

http://www.epa.gov/owm/npdes.htm

It is necessary to consider the potential impact of the project on both surface and sub-surface waters.

Safe and adequate water supplies are critical when real estate loan collateral includes building improvements. Water testing is the only way to ensure that loans are not made when contamination exists in the potable water wells. If any well is abandoned, it should be closed and sealed in accordance with the appropriate state standards. When new wells are to be drilled, the impact on the ground water quality and quantity should be addressed. Adequacy of the quantity is extremely important for community systems and large volume users. A project with a water treatment plant should discuss the sludge disposal aspects.

A Project with water storage tank should consider the aesthetic values of the proposed location.

In reference to on-lot disposal systems, failing or non-compliant septic systems may be cause for a potential impact to the State Water Quality. A preparer of an assessment must always consider the effect of the action being proposed, on water quality. The applicant may, as part of the loan proposal, provide septic permits, cost estimates and development plans, to indicate that the proposed action will not have an impact on Water Quality.

Sewer/septic systems should be constructed and maintained in accordance with State standards. Sewer system projects, large volume dischargers and industrial projects should address the adequacy of collection, conveyance and treatment facilities, design capacity of the treatment plant, type of treatment, compliance with permit and effluent requirements, and the sludge disposal aspects.

Agency Jurisdiction: State and Federal Level:

There are many laws and regulations governing this resource. The Delaware Division of Public Utilities Control, which controls service areas, rates, extensions and other matters, regulates private utilities supplying water for domestic use.