GROUND WATER PROTECTION FROM THE FEDERAL LEVEL, AN ANALYSIS OF THE DEVELOPMENT AND IMPLEMENTATION OF THE SAFE DRINKING WATER ACT.

摘要

The Safe Drinking Water Act (Public Law 93-523) was adopted on December 16, 1974. This piece of environmental legislation is unique for it is the first to include ground water protection as a purpose and to provide for the federal enforcement of its ground water program.;The ground water protection program, as defined at the federal level, has varied, and will vary, directly with the strength of the state's role. A strong state role under the national program necessitates, either in actuality or through interpretation, a goal oriented federal statute and regulations.;Ground water protection at the national level is identified as a cyclic continuum, sensitive to the demands of the regulated as well as to those of the Congress and the public. The analysis depicts the cycle of the seventies--from no federal enforcement specifically for ground water protection, through the development of two programs to protect this source of drinking water. These programs are: (1) the State Underground Injection Control Program and (2) the Sole or Principal Source Aquifer Program.;Through the study of the Congressional activities leading to the passage of the Safe Drinking Water Act and its subsequent amendments, insight is provided regarding future environmental legislation. The inclusion in the analysis of the 1980 amendments, and their development, emphasizes the cyclic nature of the ground water legislation. The key role played by the regulated community is effectively illustrated by the 1980 legislative history.;The development, implementation, and enforcement of the ground water provisions of the Act are analyzed. To provide a comprehensive setting for this analysis, predecessor legislation related to water quality and drinking water are evaluated. By defining the historical perspective from which ground water protection is administered under the Safe Drinking Water Act, changes consistent with its evolution are evaluated. The principal areas subject to change appear to be: (1) the Federal-State role in ground water protection and (2) the specificity of the legislation and its associated regulations.