Stormwater and wellhead protection

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This page provides guidance and recommendations for determining the appropriateness of infiltrating stormwater in a Drinking Water Supply Management Area (DWSMA). For more information on source water protection see Minnesota Department of Health.

Definitions

Example map for Rochester, illustrating different designations for managing public water supply wells. DWSMA = Drinking Water Source Management Area; WPA = Wellhead Protection Area

The figure at the right illustrates designations used to manage public water supply wells.

• Drinking water supply management area - the surface and subsurface area surrounding a public water supply well, including the wellhead protection area, that must be managed by the entity identified in a wellhead protection plan.
• Public water supply well – a well as defined in Minnesota Statutes, section 103I.005, subdivision 21, that serves a public water supply and is not a dewatering well or a monitoring well serving a public water supply.
• Time of travel - means the amount of time over which groundwater will move through a portion of an aquifer and the overlying geologic materials to recharge a well in use.
• Vulnerable public supply well – a public water supply well is vulnerable if:

1. the well water contains ten milligrams per liter or more nitrate plus nitrite nitrogen;
2. the well water contains quantifiable levels of pathogens as defined in part 7040.0100, subpart 26, or chemical compounds that indicate groundwater degradation as defined in Minnesota Statutes, section 103H.005, subdivision 6;
3. the well water contains one tritium unit or more when measured with an enriched tritium detection method; or
4. an enriched tritium analysis of the well water has not been performed within the past ten years; and
   1. information on the well construction is not available; or
   2. the geological material from the land surface to where the groundwater enters the public water supply well is:
      1. fractured bedrock;
      2. solution weathered bedrock;
      3. sandstone bedrock;
      4. unconsolidated material 0.062 millimeters (fine sand) or larger; or
      5. a combination of the materials specified in units (a) to (d).

• Wellhead Protection Area – the portion of an aquifer within the capture zone of a public water supply well.
• Wellhead Protection Plan - a document that provides for the protection of a public water supply, is submitted to the department, is implemented by the public water supplier, and complies with:

1. the wellhead protection elements specified in the 1986 amendments to the federal Safe Drinking Water Act, United States Code, title 42, chapter 6A, subchapter XII, part C, section 300h-7 (1986 and as subsequently amended); and
2. parts 4720.5200 to 4720.5290.

Step-by-step process for determining applicability of infiltration

Step 1: Must the practice comply with requirements of the Construction Stormwater General Permit?

• If Yes, go to Step 2
• If No, go to Step 5

Step 2: Determine if infiltration is prohibited.

• If prohibited, STOP - infiltration is not allowed
• If it is not prohibited, proceed to Step 3.

Step 3: Is the proposed infiltration site in a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13.?

• No: Meet state and local requirements
• Yes: Go to Step 4

Step 4: does a local unit of government with a current MS4 permit allow infiltration?

• No – infiltration is not allowed
• Yes – infiltration is allowed in accordance with local requirements. Follow recommendations for infiltrating stormwater is DWSMAs

STOP

Step 5: Follow recommendations for practices that do not have to meet requirements of the Construction Stormwater General Permit.

Guidance for practices required to meet requirements of the Construction Stormwater General Permit

The following guidance applies to practices required to meet requirements of the Construction Stormwater General Permit.

Prohibitions to infiltration

Under the Construction Stormwater General Permit, stormwater infiltration is prohibited in the following areas regardless of whether the site is located in a DWSMA.

1. Areas that receive discharges from vehicle fueling and maintenance.
2. Areas with less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock unless the site conditions can be modified to achieve the 3 foot separation requirement.
3. Areas that receive discharges from industrial facilities that are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the MPCA.
4. Areas where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater unless the contaminated areas can be isolated from infiltrating stormwater.
5. Areas of predominately Hydrologic Soil Group D (clay) soils unless allowed by a local unit of government with a current MS4 permit.
6. Areas within 1,000 feet up‐gradient, or 100 feet down‐gradient of active karst features unless allowed by a local unit of government with a current MS4 permit.
7. Areas where soil infiltration rates are more than 8.3 inches per hour unless soils are amended to slow the infiltration rate below 8.3 inches per hour or as allowed by a local unit of government with a current MS4 permit.

For those conditions above in which a local unit of government with a Municipal Separate Storm Sewer System (MS4) permit allows infiltration, follow the recommendations for infiltration practices in a DWSMA.

Recommendations for infiltrating stormwater is DWSMAs

The following are recommendations for infiltration practices in a DWSMA.

1. Infiltration is not recommended for the following conditions.
   1. If the proposed infiltration site is within the 1-year time-of-travel as designated by the Minnesota Department of Health
   2. If the aquifer receiving water from the infiltration practice exhibits fracture- or solution-enhanced flow conditions unless the guidelines for karst areas in the Minnesota Stormwater Manual are followed, including conducting site investigations, managing infiltration, remediating a site if necessary and feasible, and monitoring after BMPs are installed.
2. Ensure that setback distances are met and that existing or proposed structures or infrastructure (e.g. rate control BMPs, utilities, buildings, roadway, easements) do not prevent infiltration.
3. A Local Government Unit (LGU) should be available to provide engineering review to ensure a functioning system that prevents adverse impacts to groundwater.
4. If there is a potential for the seasonal high water table or bedrock to be within 6 feet of the bottom of proposed infiltration practices, follow guidelines in the Minnesota Stormwater Manual for conducting site investigations and managing infiltration in these areas.
5. If there is the potential for presence of contaminated soils, contaminated groundwater, and/or hotspot runoff, follow guidelines in the Minnesota Stormwater Manual for conducting site investigations and managing infiltration in these areas.
6. If there is a potential for presence of soils with steady-state infiltration rates less than 0.2 inches per hour, follow guidelines in the Minnesota Stormwater Manual for conducting site investigations and managing infiltration in these areas.
7. If infiltration could result in adverse surface water hydrologic impacts, such as impacting a perched wetland, minimize infiltration to a point where adverse surface water hydrologic impacts are avoided.
8. If the infiltration practice is constructed in industrial, commercial, or transportation land uses, ensure that emergency procedures for containment of spills is established and acceptable.

Guidance for practices not required to meet requirements of the Construction Stormwater General Permit

Infiltration is not recommended for the following conditions.

1. Areas that receive discharges from vehicle fueling and maintenance.
2. Areas with less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock unless the site conditions can be modified to achieve 3 feet of separation.
3. Areas that receive discharges from industrial facilities that are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the MPCA.
4. Areas where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater unless the contaminated areas can be isolated from infiltrating stormwater.
5. Areas of predominately Hydrologic Soil Group D (clay) soils unless allowed by a local unit of government with a current MS4 permit.
6. Areas within 1,000 feet up‐gradient, or 100 feet down‐gradient of active karst features unless allowed by a local unit of government with a current MS4 permit.
7. Areas where soil infiltration rates are more than 8.3 inches per hour unless soils are amended to slow the infiltration rate below 8.3 inches per hour or as allowed by a local unit of government with a current MS4 permit.
8. If the proposed infiltration site is within the 1-year time-of-travel as designated by the Minnesota Department of Health
9. If the aquifer receiving water from the infiltration practice exhibits fracture- or solution-enhanced flow conditions unless the guidelines for karst areas in the Minnesota Stormwater Manual are followed, including conducting site investigations, managing infiltration, remediating a site if necessary and feasible, and monitoring after BMPs are installed.

The following are recommendations for infiltration practices in a DWSMA.

1. Ensure that setback distances are met and that existing or proposed structures or infrastructure (e.g. rate control BMPs, utilities, buildings, roadway, easements) do not prevent infiltration.
2. A Local Government Unit (LGU) should be available to provide engineering review to ensure a functioning system that prevents adverse impacts to groundwater.
3. If there is a potential for the seasonal high water table or bedrock to be within 6 feet of the bottom of proposed infiltration practices, follow guidelines in the Minnesota Stormwater Manual for conducting site investigations and managing infiltration in these areas.
4. If there is the potential for presence of contaminated soils, contaminated groundwater, and/or hotspot runoff, follow guidelines in the Minnesota Stormwater Manual for conducting site investigations and managing infiltration in these areas.
5. If there is a potential for presence of soils with steady-state infiltration rates less than 0.2 inches per hour, follow guidelines in the Minnesota Stormwater Manual for conducting site investigations and managing infiltration in these areas.
6. If infiltration could result in adverse surface water hydrologic impacts, such as impacting a perched wetland, minimize infiltration to a point where adverse surface water hydrologic impacts are avoided.
7. If the infiltration practice is constructed in industrial, commercial, or transportation land uses, ensure that emergency procedures for containment of spills is established and acceptable.