1. (a) The purpose of the SPA shall be to protect the long-term quality of each PWS well.
2. (b) The well capacity shall be determined in accordance with Env-Dw 406.15.

3. (c) The SPA shall be a circle, centered on the well, having a radius based on the well capacity as shown in Table 406-1.

   Table 406-1: Sanitary Protective Area Radii

   Well Capacity (gpd)

   Sanitary Protective Radius Length (ft.)

   0 – 750

   75

   751 – 1440

   100

   1441 – 4320

   125

   4321 – 14,400

   150

   14,401 – 28,800

   175

   28,801 – 57,600

   200

   57,601 – 86,400

   250

   86,401 – 115,200

   300

   115,201 – 144,000

   350

   Greater than 144,000

   400

4. (d) When the SPAs of more than one well overlap, then the individual SPAs for each well shall be based on their combined well capacity unless the applicant demonstrates through hydrogeological means that these wells are not interconnected.

5. (e) The following land uses shall be specifically excluded from within the SPAs of non-community water systems:

   1. (1) Wastewater disposal systems, including septic tanks, grease traps, and effluent disposal areas;
   2. (2) Soil fertilization areas;
   3. (3) Nitrate set-back areas;
   4. (4) Dumpsters;
   5. (5) Detention ponds or infiltration basins;
   6. (6) Storage tanks for oil, gasoline, natural gas, diesel fuel, or other hazardous chemicals; and
   7. (7) Any uses associated with hazardous materials.

6. (f) Acceptable uses within the SPA for non-community water systems shall include those uses listed below:

   1. (1) Roadways, with the exception of the required setback in Env-Dw 406.13(c);
   2. (2) Parking areas, with the exception of the required setback in Env-Dw 406.13(c);
   3. (3) Athletic courts;
   4. (4) Surface water such as lakes, rivers, and streams, with the exception of the required setback in Env-Dw 406.13(a);
   5. (5) Permanently protected or undevelopable land;

   6. (6) Wastewater piping which passes within the sanitary protective area only if:

      1. a. The type of pipe is ductile iron or approved equal pressure-type pipe that is tested for water-tight construction after installation; and
      2. b. All wastewater piping is located at least 50 feet or a distance equal to one-half the SPA radius, whichever is greater, from the well;
   7. (7) Pumphouse and permanent buildings; and

   8. (8) Other compatible uses proposed in writing to the department by the water system owner if the submittal demonstrates that:

      1. a. The type(s) and volume(s) of contaminant(s) associated with the activity, when subject to any best management practices proposed by the owner, will not pose a threat to water quality;
      2. b. The owner has a contaminant mitigation plan that will prevent the contaminant(s) from rendering the water unfit for use by the PWS; and
      3. c. The overall risk of groundwater contamination is outweighed by the benefit expected from the activity.
7. (g) For non-community water systems, the owner shall control the SPA. The owner shall, where possible, locate the well and SPA entirely on the property owned by the PWS. Once established, the SPA shall not be subdivided. Where the SPA cannot be located fully on the property owned by the PWS, the owner shall obtain written legal easements from abutters. Such easements shall specifically exclude the uses described in (e) above, from the area within the SPA.
8. (h) Notwithstanding the requirements of this part and Env-Dw 302, no well connected to a PWS shall be located closer to an aboveground storage tank or underground storage tank than the applicable distances specified in Env-Or 300 and Env-Or 400, as applicable.

Source. #14158, eff 12-25-24