APPENDIX D
In order to provide a coordinated
structure for the implementation of the State of Indiana's Generic
Management Plan for Pesticides in Ground Water (SMP as reviewed
and approved by U.S. EPA, the Office of Indiana State Chemist
and Seed Commissioner (OISC) and the Indiana Department of Environmental
Management (IDEM) hereby agree to coordinate their respective
activities by entering into this Memorandum of Understanding.
Subject to the availability of funds and within the constraints
dictated by law or regulation, OISC and IDEM agree to the roles
and responsibilities outlined as follows:
A. Assessment and Planning
The IDEM Office of Water Management
and the OISC are responsible for developing the assessment of
the relative susceptibility of Indiana's ground water to contamination
from pesticides and fertilizer.
Specifically, the IDEM activities
will focus on the vulnerability of aquifers located in Indiana,
especially in the areas of well head protection for community
and non-community drinking water supplies. The OISC activities
will focus on the label directed use of pesticides including application,
handling, and storage practices and their potential effects on
aquifers located in Indiana.
The IDEM Office of Water Management
will organize a committee to evaluate and recommend a data entry
and information management system which will be utilized in a
Multi-Agency approach to record collected ground water data on
pesticides pursuant to IC. 13-7-26-3. The information will follow
a standardized format in order that each agency will record its
own data in an accessible and compatible manner.
The responsibilities attributed to
the Office of Water Management throughout this Memorandum of Understanding,
are presently delegated to the Ground Water Section. At this
time, all roles of the Office of Water Management will be maintained
by the Ground Water Section.
B. Prevention
The IDEM Office of Water Management
will identify areas susceptible to ground water contamination
where prevention measures will likely be more stringent for community
and non-community drinking water wellhead protection.
The OISC will identify and coordinate
the implementation of prospective management approaches which
prevent or reduce ground water contamination. The OISC will provide
a format for introducing these approaches to the pesticide user.,
The OISC will implement federal rules
which address the development of reusable, refillable, returnable
and recyclable pesticide containers.
The OISC will have the primary responsibility to insure and
facilitate the education of the regulated
community and the public on the subject of best management practices
relating to the use, storage, and handling, of pesticides and
the storage of fertilizer.
The OISC will incorporate into training
programs and materials for pesticide users and handlers, both
legal requirements and best management practice information designed
to protect ground water from pesticides.
C. Monitoring
The IDEM Office of Water Management
will monitor for pesticides and fertilizer to provide any necessary
base line or back around water quality data in areas where a site-specific
ground water quality assessment is deemed necessary to implement
the State Pesticide Management Plan or the Wellhead Protection
Program.
The IDEM Office of Water Management
will monitor for pesticides and fertilizer in response to alleged
contamination events and to gather data in order to evaluate the
effectiveness of prevention, response and enforcement measures.
These data will be available in the
standardized and compatible format identified in the assessment
and planning component (Section A) of the Memorandum of Understanding.
D. Response
The IDEM and the OISC shall screen
all of the complaints they receive concerning the potential of
contamination or alleged contamination of ground water with pesticides
and fertilizer.
All incidents reported as a result
of a fire or spill will be immediately referred to the IDEM Office
of Environmental Response for their consideration. When it is
required to do so the Office of Environmental Response (OER) is
responsible for coordinating the containment of the source, an
assessment of the environmental impact and clean up of the event.
Information gathered as the result of an OER investigation will
be forwarded to OISC and to the IDEM Office of Water Management.
The OISC will determine if a violation of the Indiana Pesticide
Use and Application Law or the Indiana Pesticide Registration
Law occurred. The IDEM Office of Water Management will include
any sampling, information as part of the pesticide in ground water
data base information and coordinate with OER to determine if
additional water monitoring activities are appropriate.
Complaints which occur as a result
of alleged improper application, storage, or handling of a pesticide
or complaints which occur as a result of improper storage of fertilizer
will be forwarded to OISC for their consideration. The OISC is
responsible for the on-site inspection, sampling and interview
process concerning the incident. The OISC is responsible
for notifying the complainant of results of sample analysis completed.
The OISC will include the results of sampling information as
part of the pesticide in ground water data base information.
If during an investigation by OISC,
a sample analysis determines detection of pesticides/fertilizer
in ground water, the information gathered will be forwarded to
the IDEM Office of Water Management to determine if additional
water monitoring activities are appropriate. The IDEM Office of
Water Management will include sampling information as part of
the pesticide in ground water data base information. The IDEM
Office of Water Management may refer the case to IDEM OER for
consideration of site cleanup; and/or refer the case to the IDEM
Office of Enforcement for action; and, coordinate with the appropriate
IDEM Offices for site cleanup/disposal.
If during an investigation by OISC,
a soil sample analysis determines detection of pesticides, but
pesticides are not detected in ground water samples, the information
gathered will be referred, if necessary to the IDEM Office Of
Environmental Response for consideration of site clean up/disposal.
Complaints which allege contamination
of private residential wells, public water supply wells or ground
water through label directed use of pesticides or fertilizer shall
be forwarded to IDEM Office of Water Management for their consideration.
The IDEM Office of Water Management is responsible for the on-site
inspection, sampling and interview process to determine the origin
of the pesticide/fertilizer contamination. The IDEM Office of
Water Management is responsible for notifying the complainant
of the results of sample analysis completed. The IDEM Office
of Water Management will include the results of sampling information
as part of the pesticide in ground water data base information.
If the origin of the contamination is determined, the IDEM Office
of Water Management may refer the case to the IDEM Office of Enforcement
for action, and coordinate with the appropriate IDEM offices for
consideration of site cleanup/disposal.
E. Enforcement
The OISC will enforce all regulations
concerning the storage and containment of bulk pesticide/fertilizer
and the use and application of pesticides.
The IDEM will enforce all regulations
concerning the presence of pesticide/fertilizer relating to ground
and surface water quality standards, spills, site cleanups and
disposal of wastes.
F. Resources
The IDEM Office of Water Management
will provide information concerning ground water quality to OISC
upon request. The IDEM Office of Pollution Prevention and Technical
Assistance will provide information to the manufacturers of pesticide
products concerning the prevention of environmental wastes. If
requested to do so the IDEM Office of Solid and Hazardous Waste
Management, Special Waste Section will provide information concerning
the proper disposal of pesticide contaminated media, debris, and
wastes. The OISC will provide information to IDEM concerning
pesticide specific properties in the vegetation, soil, and water
environments upon request.
G. Legal Authority
The State of Indiana has adequate
authority under IC 13-7, IC 13-1 (Environmental Management) and
IC 15-3 (Horticulture Control) to develop and implement programs
that will enforce requirements that will be identified in the
State Management Plan. These requirements win include the ability
to collect pesticide incident information, establish ground water
quality standards and to regulate the application and storage
of pesticides and provide for the subsequent clean-up of pesticide
contaminated ground and surface waters. Specific rules for many
of' these requirements will be developed.
H. Public Participation
IDEM and OISC will coordinate and
when possible, jointly carry out public communication, including
media efforts concerning elements of the State Management Plan.
Public participation will be encouraged by both agencies through
the Ground Water Task Force, Pesticide Review Board and the public
meetings/hearings process. Where the State Management Plan requires
rule development for implementation, the OISC will encourage public
participation in the rule development process.
I. Participating Program Staff
Subsequent to the proper execution
of this memorandum of understanding, each of the parties agrees
to provide to the other party an accurate list of job positions
with job titles for those job positions responsible for the proper
implementation of this Memorandum of Understanding. Such a list
of job positions with job titles would include but not be limited
to the name of the person hired for each listed job position,
their workplace telephone number and their workplace mailing address.
In addition, the parties agree to update twice each year a respective
list of job positions with job titles and to provide it to the
other party so to maintain its usefulness to the other party.
III. Amendment and Termination
This Memorandum of Understanding
may be amended by written and signed agreement of the parties
at any time, and may be terminated by either party upon 30 days
written notice to the other party. It will terminate upon the
expiration of two years from the date of last signature of the
parties, unless extended by written agreement of the parties,
prior to expiration.
FOR THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT
Kathy /Prosser Date 7/15/95
Commissioner
FOR THE OFFICE OF INDIANA STATE CHEMIST
AND SEED COMMISSIONER
Dr. Alan Hanks Date 7/27/95
Indiana State Chemist