An Act To Create the Freshwater Resource Board
Maine Legislature, Session 123, LD 1743
Committee Amendment CA_A_S273 (Senate)
Amends: 5 MRSA §3331, 12 MRSA §5017, 22 MRSA §2660, 22 MRSA §2660-A, 38 MRSA §343-F, 38 MRSA §352, 38 MRSA §480-B, 38 MRSA §480-C, 38 MRSA §480-D

COMMITTEE AMENDMENT "A " to S.P. 610, L.D. 1743, Bill, "An Act To 
Create the Freshwater Resource Board" 
Amend the bill by striking out the title and substituting the following: 
'An Act Concerning the Sustainable Use of and Planning for Water 
Resources' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §3331, sub-§8 is enacted to read: 
8. Water Resources Planning Committee. The council shall convene the Water 
Resources Planning Committee, referred to in this subsection as "the committee." 
A. The committee's membership must include, at a minimum: 
(1) Personnel from: 
Ca) The Department of Conservation, Maine Geological Survey; 
Cb) The Department of Agriculture, Food and Rural Resources; 
Cc) The Department of Environmental Protection; 
Cd) The Maine Land Use Regulation Commission; 
Ce) The drinking water program of the Department of Health and Human 
Services; and 
CO The Executive Department, State Planning Office; and 
(2) Members of the public with expertise in: 
Ca) Agriculture; 
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COMMITTEE AMENDMENT" A "to S.P. 610, L.D. 1743 
Cb) Public water utilities~ 
Cc) Water bottling and the sale of bottled water; 
Cd) The use of water by private domestic well owners; 
(e) The environment and conservation; and 
(0 The use of water by commercial entities. 
B. The committee shall meet at least quarterly and report annually to the council, 
beginning in August 2008. The committee shan plan for the sustainable use of water 
resources focusing on the following three phases. 
(1) In the first phase, the committee shall focus on: 
(a) 
Collecting and reviewing information regarding water withdrawal 
activities; 
(b) Coordinating state water resources information; and 
(c) Identifying watersheds at risk by refining the watersheds-at-risk analysis 
previously performed by the Maine Geological Survey, including: 
(i) Conducting appropriate water resource investigations in watersheds 
at risk; 
(ii) 
Considering projected increased water use by population, 
agricultural irrigation, commercial users, industrial users and other users 
in refining the watersheds-at-risk analysis; 
(iii) Considering seasonal use in refining the watersheds-at-risk analysis; 
(iv) Considering potential effects of climate change when refining the 
watersheds-at-risk analysis; 
(v) 
Considering the effects of anticipated future water quality 
classification changes on the availability of water for withdrawal when 
refining the watersheds-at risk-analysis; 
(vi) In establishing priorities for such investigations, seeking input from 
the user community, from towns dealing with multimunicipal aquifers 
and from towns with significant local aquifers; and 
(vii) Developing guidelines for consistency in investigations. 
(2) In the 2nd phase, the committee shall focus on convening planning groups in 
watersheds at risk or regions encompassing multiple watersheds at risk to 
develop water use management plans for water withdrawals. Based on the needs 
of the individual watershed or region, planning group participants must be drawn 
from: 
(a) Personnel from: 
(i) The Department of Conservation, Maine Geological Survey; 
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COMMITTEE AMENDMENT "A "to S.P. 610, L.D. 1743 
(ii) The Department of Agriculture, Food and Rural Resources; 
(iii) The Department of Environmental Protection; 
(iv) The Maine Land Use Regulation Commission; 
(v) The drinking water program of the Department of Health and Human 
Services; 
(vi) The Executive Department, State Planning Office; and 
(vii) The Department ofInland Fisheries and Wildlife; and 
(b) Members of the public with expertise in: 
(i) Agriculture; 
(ii) Public water utilities; 
(iii) Water bottling and the sale of bottled water; 
(iv) The environment and conservation; 
(v) Aquaculture; 
(vi) Business and commerce; 
(vii) Industrial water use; and 
(viii) Municipal government. 
(3) In the 3rd phase, if oversubscription of water use remains after the analysis 
conducted in the 2nd phase, the committee shall recommend a process to resolve 
Issues. 
C. The committee shall conduct annual reviews of state policy with regard to: 
(1) Conservation of water resources; 
(2) The development of regional sources and solutions to water use issues; 
(3) Incentives for stewardship of water resources; and 
(4) 
Impacts of surface water quality improvements on water withdrawal 
opportunities. 
D. 
The committee shall provide guidance to municipalities and develop and 
disseminate educational materials on water resources and the regulatory regime. 
Sec. 2. 12 MRSA §5017 is enacted to read: 
§5017. Disclosure of interest 
An applicant or permit holder who directly or indirectly retains an environmental 
professional for the purpose of providing information to the department shall disclose to 
the department if the environmental professional has either a direct or an indirect 
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COMMITTEE AMENDMENT "A "to S.P. 610, L.D. 1743 
financial interest in the applicant or permit holder or in the property or activity that is the 
subject of the permit. 
Sec. 3. 22 MRSA §2660, as enacted by PL 1987, c. 531, §1, is repealed. 
Sec. 4. 22 MRSA §2660-A, sub-§2, as amended by PL 1989, c. 502, Pt. B, §22, 
is further amended to read: 
2. Exceptions. The prohibition in this section does not apply to: 
A. 
Any water utility as defined in Title 35-A; 
B. 
Water transported for use in well drilling, construction activities, concrete 
mixing, swimming pool filling, servicing portable toilets, firefighting, hospital 
operations, aquaculture, agricultural applications or civil emergencies; 
C. 
Water distilled as a by-product of a manufacturing process; aBEl 
D. 
Water transported from a water source that, before July 1, 1987, was used to 
supply water for bottling and sale, and whieh that is used exclusively for bottling and 
is sold in its pure form or as a carbonated or flavored beverage product.; and 
E. Water withdrawn pursuant to a permit issued by the Department of Environmental 
Protection or the Maine Land Use Regulation Commission. 
Sec. 5. 22 MRSA §2660-A, sub-§3, ~A, as enacted by PL 2003, c. 121, §I, is 
amended to read: 
A. 
Transport of the water will not constitute a threat to public health, safety or 
welfare; and 
Sec. 6. 22 MRSA §2660-A, sub-§3, ~, as enacted by PL 2003, c. 121, §1, is 
repealed. 
Sec. 7. 22 MRSA §2660-A, sub-§3, ~C, as enacted by PL 2003, c. 121, §1, is 
repealed. 
Sec. 8. 38 MRSA §343-F, as enacted by PL 1993, c. 355, §5, is amended by 
adding at the end a new paragraph to read: 
An applicant or permit holder who directly or indirectly retains an environmental 
professional for the purpose of providing information to the department shall disclose to 
the department if the environmental professional has a direct or indirect financial interest 
in the applicant, the permit holder or the property or activity that is the subject of the 
permit. 
Sec. 9. 38 MRSA §352, sub-§5-A, as amended by PL 1999, c. 731, Pt. Z, §1, is 
further amended to read: 
5-A. Accounting system. In order to determine the extent to which the functions set 
out in this section are necessary for the licensing process or are being performed in an 
efficient and expeditious manner, the commissioner shall require that all employees ofthe 
department involved in any aspect of these functions keep accurate and regular daily time 
records. These records must describe the matters worked on, services performed and the 
amount of time devoted to those matters and services, as well as amounts of money 
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expended in performing those functions. Records must be kept for a sufficient duration 
of time as determined by the commissioner to establish to the commissioner's satisfaction 
that the fees are appropriate. 
TABLE I 
MAXIMUM FEES IN DOLLARS 
TITLE 36 
PROCESSING 
CERTIFlCA TION 
SECTION 
FEE 
FEE 
656, sub-§ 1, ~E, Pollution Control 
Facilities 
A. Water pollution control 
$250 
$20 
facilities with capacities at least 
4,000 gallons of waste per day and 
§ 1760, sub-§29, water pollution 
control facilities 
B. Air pollution control and 
§ 1760, sub-§30, air pollution 
control facilities 
TITLE 38 
PROCESSING 
LICENSE 
SECTION 
FEE 
FEE 
344, sub-§7, Permit by rule 
$50 
$0 
413, Waste discharge licenses 
See section 353-B 
I 
480-E, Natural resources protection 
A. Any alteration of a protected 
natural resource, except coastal 
wetlands and coastal sand dunes, 
causing less than 20,000 square 
feet of alteration of the resource 
B. Any alteration of a coastal 
wetland causing less than 20,000 
square feet of alteration of the 
resource 
C. Any alteration of a protected 
. OIS/sq. ft. 
.OOS/sq. ft . 
natural resource, except coastal 
alteration 
alteration 
sand dunes, causing 20,000 square 
feet or more of alteration of the 
resource 
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COMMITTEE AMENDMENT:A .. to S.P. 610, L.D. 1743 
C-1. Significant groundwater well 
4,577 
1,961 
C-2. Activity within a community 
Qublic water surm1y Rrimary 
Qrotection area. 
D. Any alteration of a coastal sand 
3,500 
1,500 
dune 
E. Condition compliance 
F. Minor modification 
485-A, Site location of development 
A. Residential subdivisions 
1. Affordable housing 
50/10t 
50/10t 
2. On public water and sewers 
175/10t 
175/10t 
3. All Other 
250/10t 
250/10t 
B. Industrial parks 
460/10t 
460/10t 
C. Mining 
1,500 
1,000 
D. Structures 
4,000 
2,000 
E. Other 
1,000 
1,000 
543, Oily waste discharge 
560, Vessels at anchorage 
587, Ambient air quality or emissions 
5,050 
standards variances 
590, Air emissions licenses 
See section 353-A 
633, Hydropower projects 
A. New or expanded generating 
450IMW 
50/MW 
capacity 
B. Maintenance and repair or 
other structural alterations not 
involving an increase in generating 
capacity 
United States Code, Chapter 26, 
Water Quality Certifications, in 
conjunction with applications for 
hydropower project licensing or 
relicensing 
A. Initial consultation 
1,000 
B. Second consultation 
1,000 
C. Application 
1. Storage 
1,000 
2. Generating 
300/MW 
50/MW 
1304, Waste management 
A. Septage disposal 
1. Site designation 
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B. Land application of sludges and 
residuals program approval 
1. Industrial sludge 
4100 
2. Municipal sludge 
3. Bioash 
4. Wood ash 
5. Food waste 
6. Other residuals 
C. Landfill 
I. Closing plans for secure 
1,500 
1,500 
II 
landfills 
2. Closing plans for 
attenuation landfills 
3. Post-closure report 
4. Preliminary information 
reports 
5. License transfers 
6. Special waste disposal 
a. One-time disposal of 
quantities of 6 cubic yards 
or less 
b. One-time disposal of 
quantities greater than 6 
cubic yards 
c. Program approval for 
routine disposal of a 
special waste 
7. Minor revision for secure 
land fills 
8. Minor revision for 
attenuation landfills 
9. Public benefit determination 
D. Incineration facility 
2. License transfer 
E. License transfer other than for 
landfills and incinerators 
F. Minor revision for septage 
facilities and solid waste facilities 
other than landfills 
G. Permit by rule for one-time 
activities 
TABLE II 
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COMMITTEE AMENDMENT ';4 "to S.P. 610, L.D. 1743 
WASTE MANAGEMENT FEES - ANNUAL LICENSE 
MAXIMUM FEES IN DOLLARS 
TITLE 38 
PROCESSING 
ANNUAL 
SECTION 
FEE 
LICENSE FEE 
1304, Waste management 
A. Septage disposal 
1. Landspreading 
$550 
$250 
2. Storage 
B. Residuals compost facility 
1. Type I 
3. Type II and Type III less 
than 3,500 cubic yards 
5. Type II and Type III 3,500 
1,400 
cubic yards or greater 
C. Land application of sludges and 
residuals 
1. Sites with program approval 
a. Industrial sludge 
h. Municipal sludge 
c. Bioash 
d. Wood ash 
e. Food waste 
f. Other residuals 
2. Sites without program 
approval 
a. Industrial sludge 
h. Municipal sludge 
c. Bioash 
d. Wood ash 
e. Food waste 
f. Other 
O-N, Solid waste facility siting 
A. Landfill 
. Existing, non secure 
3,500 
1,000 
municipal solid waste landfills 
accepting waste from fewer 
than 15,000 people 
2. Existing, nonsecure 
3,500 
3,500 
municipal solid waste landfills 
accepting waste from more 
than 15,000 people 
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COMMITTEE AMENDMENT A "to S.P. 610, L.D. 1743 
3. New or expanded for secure 
5,000 
8,500 
landfill 
5. Nonsecure wood waste or 
demolition debris landfills, or 
both, if less than or equal to 6 
acres 
B. Incineration facilities 
1. New or expanded for the 
3,500 
5.,000 
acceptance of municipal or 
special wastes, or both 
2. Municipally owned and 
3,500 
1,,000 
operated solid waste 
incinerators with licensed 
capacity of 10 tons per day or 
less 
C. Transfer station and storage 
facility 
D. Tire storage facility 
F. Processing facility other than 
municipal solid waste composting 
G. Beneficial use activities other 
than agronomic utilization 
3. Fuel substitution 
4. Beneficial use without risk 
assessment 
5. Beneficial use with risk 
1,400 
assessment 
H. Permit by rule for ongoing 
activities 
Sec. 10. 38 MRSA §480-B, sub-§9-A is enacted to read: 
9-A. Significant groundwater well. "Significant groundwater well" is defined as 
follows. 
A. "Significant groundwater well" means any well, wellfield, excavation or other 
structure, device or method used to obtain groundwater that is: 
(1) Withdrawing at least 75,000 gallons during any week or at least 50,000 
gallons on any day and is located at a distance of 500 feet or less from a coastal 
or freshwater wetland, great pond, significant vernal pool habitat, water supply 
well not owned or controlled by the applicant or river, stream or brook; or 
(2) Withdrawing at least 216,000 gallons during any week or at least 144,000 
gallons on any day and is located at a distance of more than 500 feet from a 
coastal or freshwater wetland, great pond, significant vernal pool hab:itat, water 
supply well not owned or controlled by the applicant or river, stream or brook. 
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COMMITTEE AMENDMENT ''A "to S.P. 610, L.D. 1743 
Withdrawals of water for firefighting are not applied toward these thresholds. 
B. "Significant groundwater well" does not include: 
(1) A public water system as defined in Title 22, section 2601, subsection 8 other 
than a public water system used solely to bottle water for sale; 
(2) Individual home domestic supply; 
(3) Agricultural use or storage; 
(4) A development or part of a development requiring a permit pursuant to 
article 6, article 7 or article 8-A; or 
(5) A structure or development requiring a permit from the Maine Land Use 
Regulation Commission. 
Sec. 11. 38 MRSA §480-C, sub-§4 is enacted to read: 
4. 
Significant groundwater well. 
A person may not perform or cause to be 
performed the establishment or operation of a significant groundwater well without first 
obtaining a permit from the department. 
Sec. 12. 38 MRSA §480-D, sub-§10 is enacted to read: 
10. Significant groundwater well. If the proposed activity includes a significant 
groundwater well, the applicant must demonstrate that the activity will not have an undue 
unreasonable effect on waters of the State, as defined in section 361-A, subsection 7, 
water-related natural resources and existing uses, including, but not limited to, public or 
private wells within the anticipated zone of contribution to the withdrawal. In making 
findings under this subsection, the department shall consider both the direct effects of the 
proposed withdrawal and its effects in combination with existing water withdrawals. 
Sec. 13. Transition. 
If a person who requires a permit for establishment or 
operation of a significant groundwater well from the Department of Environmental 
Protection pursuant to the Maine Revised Statutes, Title 38, section 480-C is authorized 
to transport water pursuant to Title 22, section 2660-A on the effective date of this Act 
and applies for a permit for establishment or operation of the significant groundwater 
well prior to expiration of the water transport authorization, the person may continue to 
withdraw water until final agency action on the permit application. 
Sec. 14. 
Rulemaking public information meetings. 
The Department of 
Environmental Protection and the Maine Land Use Regulation Commission shall amend 
their rules to require that a public information meeting be held prior to submission of an 
application for a significant groundwater well. The public information meeting must 
meet the requirements for public information meetings contained in the Department of 
Environmental Protection's rule concerning the processing of applications and other 
administrative matters. Rules adopted pursuant to this section are routine technical rules 
as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
Sec. 15. Rulemaking independent monitoring; fees. 
The Department of 
Environmental Protection and the Maine Land Use Regulation Commission shall 
periodically contract with independent environmental professionals to provide a technical 
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review and assessment of monitoring information submitted to the Department of 
Environmental Protection or the Maine Land Use Regulation Commission related to 
significant groundwater wells, and each shall through rulemaking develop a fee structure 
to provide funding for the contracts. Rules adopted pursuant to this section are routine 
technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 
2-A.' 
SUMMARY 
The amendment replaces the bill. The amendment requires the Land and Water 
Resources Council to convene the Water Resources Planning Committee and describes 
requirements related to membership, meetings and reporting. It details a list of areas on 
which to focus effort. It also requires the committee to conduct an annual review of state 
policy in regard to certain topics, provide guidance to municipalities and develop and 
disseminate educational materials. 
It requires an applicant for or a holder of a permit from the Department of 
Environmental Protection or the Department of Conservation who retains an 
environmental professional for the purpose of providing information to either agency to 
disclose if the environmental professional has a financial interest in the applicant, in the 
permit holder or in the property or activity that is the subject of the permit. 
It adds to the list of exceptions in the bulk water transport laws so that water 
withdrawn pursuant to a permit issued by the Department of Environmental Protection or 
the Maine Land Use Regulation Commission does not require transport authorization 
pursuant to the bulk water transport laws. 
It repeals the legislative findings section ofthe bulk water transport laws. 
It repeals 2 standards in the bulk water transport laws. 
It amends the fee provisions of the Department of Environmental Protl~ction to 
provide processing and licensing fee ceilings for a permit for a significant grolLlndwater 
well and a permit for an activity within a community public water supply primary 
protection area. 
It makes the following changes to the natural resources protection laws: 
1. It adds a definition of "significant groundwater well"; 
2. It amends the prohibition provisions to provide that a person may not establish or 
operate a significant groundwater well without first obtaining a permit from the 
Department of Environmental Protection; and 
3. It adds an additional standard applicable to significant groundwater wells. 
It provides transition language for persons who are required to obtain a permit for a 
significant groundwater well but already are authorized to transport bulk water pursuant 
to the bulk water transport laws on the effective date of this Act. 
It requires the Department of Environmental Protection and the Maine Land Use 
Regulation Commission to amend their rules to require that a public information meeting 
be held prior to submission of an application for a significant groundwater well. The 
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COMMITTEE AMENDMENT 'i4 .. to S.P. 610, L.D. 1743 
public information meeting must be in conformance with requirements for public 
information meetings contained in the Department of Environmental Protection's rules 
concerning the processing of applications and other administrative matters. These rules 
are routine technical rules. 
It requires the Department of Environmental Protection and the Maine Land Use 
Regulation Commission to periodically contract with independent environmental 
professionals to provide a technical review and assessment of monitoring information. It 
also requires each department to undertake rulemaking to develop a fee structure to 
provide funding for those contracts. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06/07/07 Mac 
LD 1743 
LR 1835(02) 
An Act To Create the Freshwater Resource Board 
Fiscal Note for Bill as Amended by Committee Amendment ':4} " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - Other Special Revnue Funds 
This legislation amends fee provisions regarding permits for a significant groundwater well. The additional revenue 
and increased costs are expected to be minor. Also, any additional costs associated with rulemaking can be absorbed 
by the Department of Environmental Protection utilizing existing budgeted resources. 
LR1835(02) - Fiscal Note - Page 1 of 1