An Act To Implement Recommendations of the Drinking Water Program Regarding Public Water Supply Protection May 3, 2007
Maine Legislature, Session 123, LD 1888
Committee: Natural Resources
Amends: 5 MRSA §6207, 30-A MRSA §5953-B, 38 MRSA §480-B, 38 MRSA §480-D, 38 MRSA §480-E, 38 MRSA §480-Q

Legislative Document 
No. 1888 
S.P.687 
An Act To Implement Recommendations of the Drinking Water 
Program Regarding Public Water Supply Protection 
May 3, 2007 
Reported by Senator MARTIN of Aroostook for the Joint Standing Committee on Natural 
Resources pursuant to Resolve 2005, chapter 140, section 3. 
Reference to the Committee on Natural Resources suggested and ordered printed under 
Joint Rule 218. 
Printed on recycied paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §6207, sub-§2, ~, as enacted by PL 1987, c. 506, § § 1 and 4, is 
amended to read: 
B. Is habitat for plant or animal species or natural communities considered rare, 
threatened or endangered in the State; ef 
Sec. 2. 5 MRSA §6207, sub-§2, ~C, as amended by PL 1995, c. 462, Pt. D, §1, is 
further amended to read: 
C. Provides nonmotorized or motorized public access to recreation opportunities or 
those natural resources identified in this section~~ 
Sec. 3. 5 MRSA §6207, sub-§2, ~ 
is enacted to read: 
D. Provides public water supply protection when that purpose is consistent and does 
not conflict with the natural resource conservation and recreation purposes of this 
chapter. 
Sec. 4. 22 MRS A §2649-A is enacted to read: 
§2649-A. State's impact on public water supply protection 
When undertaking actions that have a negative impact on a public water supply, a 
state agency shall consider the impact, evaluate alternatives to minimize the impact and 
conduct mitigation of any unavoidable impact. 
Sec. 5. 30-A MRSA §5953-B, sub-§l, as amended by PL 1997, c. 555, §3, is 
further amended to read: 
1. Loan application. In addition to the other forms of financial assistance available 
under section 6006-B, a public water system that is a community water system or a 
nonprofit water system that is not a community water system may apply for a loan from 
the safe drinking water revolving loan fund, in this section called the "fund," the proceeds 
of which must be used to acquire, design,. plan, construct, enlarge, repair, protect or 
improve drinking water supplies or treatment systems owned by the applicant,; to acquire 
development rights, conservation easements and other protective interests in land by the 
applicant or in cooperation with a land trust or similar entity; or for any actions 
authorized or required under the federal Safe Drinking Water Act of 1996, 42 United 
States Code, Sections 300fto 300j-9, as amended. 
The bank may prescribe an application fQrm or procedure for a public water system to 
apply for a loan under this section. The application must include any information that the 
bank determines necessary for the purpose of implementing this section and section 6006-
B. 
For purposes of this section, the term "public water system" has the same meaning as 
defined in Title 22, section 2601, subsection 8. 
Sec. 6. 38 MRSA §480-B, sub-§l-A is enacted to read: 
I-A. Community public water system. "Community public water system" has the 
same meaning as "community water system" has in Title 22, section 2660-B, subsection 
2. 
Sec. 7. 38 MRSA §480-B, sub-§l-B is enacted to read: 
I-B. Community public water system primary protection area. "Community 
public water system primary protection area" means: 
A. The area within 250 feet, measured horizontally, of a great pond that is a source 
for a community public water system; 
B. The area within 250 feet, mea!>ured horizontally, of a river, stream or brook that is 
a source for a community public water system for a distance of 112 mile upstream 
from the intake of the public water supply; or 
C. 
A source water protection area identified and mapped by the Department of 
Health and Human Services as described under Title 30-A, section 2001, subsection 
20-A. 
J 5 
Sec. 8. 38 MRSA §480-B, sub-§8, as enacted by PL 1987, c. 809, §2, is amended 
to read: 
8. Protected natural resource. "Protected natural resource" means coastal sand 
J 8 
dune system systems, coastal wetlands, significant wildlife habitat, fragile mountain 
areas, freshwater wetlands, community public water system primary protection areas 
great ponds or rivers, streams or brooks, as these terms are defined in this article. 
Sec. 9. 38 MRSA §480-D, first ~, as affected by PL 1989, c. 890, Pt. A, §40 and 
amended by Pt. B, § 71, is further amended to read: 
The department shall grant a permit upon proper application and upon such terms as 
it considers necessary to fulfill the purposes of this article. The department shall grant a 
permit when it finds that the applicant has demonstrated that the proposed activity meets 
the following standards set forth in subsections 1 to 9, except that when an activity 
[~quires a permit only because it is located in, on or over a community public water 
system primary protection area the department shall issue a permit when it finds that the 
applicant has demonstrated that the proposed activity meets the standards set forth in 
subsections 2 and 5. 
Sec. 10. 38 MRSA §480-E, sub-§2, as enacted by PL 1989, c. 656, §4 and 
affected by c. 890, Pt. A, §40 and amended by Pt. B, §73, is further amended to read: 
2. Water supply notification and review. If the resource subject to alteration or the 
underlying ground water is utilized by a water compan)', municipality or 't\'ater district 
community public water system as a source of supply, the applicant for the permit shall, 
at the time of filing an application, forward a copy of the application to the wetef 
company, municipality or .. ",ater district community public water system and the drinking 
water program of the Department of Health and Human Services by certified mail and the 
department shall consider any comments concerning the application filed with the 
commissioner within a reasonable period, as established by the commissioner. 
Sec. 11. 38 MRSA §480-E-2 is enacted to read: 
§480-E-2. Delegation of review authority to the Department of Health and Human 
Services or to a community public water system 
The commissioner may delegate authority to determine whether an activity that 
requires a permit because it is located within a community public water system primary 
protection area meets the standards in section 480-D, subsections 2 and 5 if the activity 
does not in whole or in part otherwise require a permit pursuant to section 480-C. The 
commissioner may delegate this review authority to the drinking water program of the 
Department of Health and Human Services or to a community public water system that 
demonstrates adequate technical capacity to perform the review. If review authority is 
delegated, the department shall issue or deny the permit and retains enforcement 
authority. 
Sec. 12. 38 MRSA §480-Q, sub-§9-A is enacted to read: 
9-A. Community public water systems. Community public water systems are 
exempt from the provisions of this article for activities within their community public 
water system primary protection areas as long as the activities are conducted in a manner 
that protects the quality and quantity of water available for the system; 
Sec. 13. 
Rulemaking and implementation date. 
The Department of 
Environmental Protection shall adopt rules to specify requirements for an activity located 
in a community public water system primary protection area. A permit is not required 
under the Maine Revised Statutes, Title 38, chapter 3, article 5-A for an activity located 
in, on or over a community public water system primary protection area until the 
effective date of the rules provided for in this section, unless a permit is otherwise 
required under the Maine Revised Statutes, Title 38, section 480-C. 
Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 14. Report. The Department of Environmental Protection shall report to the 
Joint Standing Committee on Natural Resources by January 15, 2008 concerning the 
status of rulemaking on activities in, on or over community public water system primary 
protection areas and shall recommend any additional needed legislation. 
The Joint 
Standing Committee on Natural Resources may submit legislation related to this subject 
to the Second Regular Session of the 123n;l Legislature. 
SUMMARY 
This bill implements recommendations of the drinking water program of the 
Department of Health and Human Services in connection with a report required pursuant 
to Resolve 2005, chapter 140. The bill accomplishes the following. 
I 
I. It amends the acquisition criteria for the Executive Department, Land for Maine's 
Future Board. It requires the board to consider whether the site provides public water 
supply protection. 
2. It requires state agencies to consider the negative impact of the agency's actions on 
public water supplies, evaluate alternatives to minimize the impact and conduct 
mitigation of any unavoidable impact. 
3. It allows the safe drinking water revolving loan fund to be used by a public water 
system to acquire protective interests in land. 
4. It defines "community public water system" and "community public water system 
primary protection area." 
II 
5. It adds community public water system primary protection areas to the definition 
of "protected natural resource." 
6. 
It adds language to the standards imposed under the laws governing natural 
resources protection to require that an applicant for a project in a community public water 
system primary protection area has to meet only the soil erosion and water quality 
standards contained in those laws. 
7. It requires the applicant to notify the drinking water program of the Department of 
Health and Human Services and the community public water system if the resource 
subject to alteration or the underlying groundwater is used by a community public water 
system. 
8. 
It authorizes the Commissioner of Environmental Protection to, under certain 
circumstances, delegate to the drinking water program of the Department of Health and 
Human Services or to a community public water system the authority to determine 
whether an activity that is located within a community public water system primary 
protection area meets the erosion and water quality standards. 
9. 
It exempts community public water systems from the laws governing natural 
resources protection pennitting requirements for activities within their community public 
water system primary protection areas. 
10. It requires the Department of Environmental Protection to adopt rules to specify 
requirements for an activity located in a community public water system primary 
I 
protection area. 
II. It directs the Department of Environmental Protection to report to the Joint 
Standing Committee on Natural Resources by January 15,2008 concerning the status of 
the rulemaking.