An Act To Clarify the Laws Regarding Significant Groundwater Wells
Maine Legislature, Session 124, LD 1269
Committee Amendment CA_A_H340 (House)
Amends: 38 MRSA §480-B

COMMITTEE AMENDMENT "A" to H.P. 888, L.D.1269, Bill, "An Act To 
Clarify the Laws Regarding Significant Groundwater Wells" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec: 1. 38 MRSA §480-B, sub-§9-A, as enacted by PL 2007, c. 399, § 10, is 
amended 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: 
(I) 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 habitat, water 
supply well not owned or controlled by the applicant or river, stream or brook. 
Withdrawals of water for firefighting or preoperational capacity testing 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 ethef 
than a public 'Nater system used solely to bottle ,vater for sale;, except that 
"significant groundwater well" includes: 
(a) A public water system used solely to bottle water for sale; and 
Page I - 124LRI285(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.p. 888, L.D. 1269 
(b) Any portion of a public water system that is: 
(i) Constructed on or after January 1, 2009; 
(ij) Used solely to bottle water for sale; and 
(iii) Not connected to another portion of the public water system through 
pipes intended to convey water. 
For purposes of this paragraph, a public water system that is used solely to bottle 
water for sale includes a public water system that bottles water for sale and may 
provide a de minimus amount of water for other purposes, such as employee or 
other use, as determined by the department; 
(2) Individual home domestic supply; 
(3) Agricultural use or storage; 
C3-A) Dewatering of a mining operation; 
(4) A development or part 6f 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 Limd Use 
Regulation Commission. 
Sec. 2. PlL 2007, c. 399, §13 is amended to read: 
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 
September 20, 2007 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. 
For purposes of this section, "significant groundwater well" has the same meaning as 
in the Maine Revised Statutes, Title 38, section 480-B, subsection 9-A. 
Sec'. 3. PlL 2007, c. 399, §14 is amended to read: 
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 informatio~ meeting be held prior to submission of an 
application for a significant groundwater well or project including a significant 
groundwater well unless the project already has a public information meeting 
requirement. 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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 888, L.D. 1269 
For purposes of this section, "significant groundwater well" has the same meaning as 
in the Maine Revised Statutes, Title 38, section 480-B, subsection 9-A, except that a 
development or part of a development requiring a permit pursuant to Title 38, chapter 3, 
subchapter 1, article 6 or a structure or development requiring a permit from the Maine 
Land Use Regulation Commission is not excluded from the definition of "significant 
groundwater well." 
This section applies to a significant groundwater well that requires approval pursuant 
to Title 12, chapter 206-A or Title 38, chapter 3, subchapter I, article 5-A or 6. 
Sec. 4. PL 2007, c. 399, §15 is amended to read: 
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 
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 that are part of projects or developments permitted under 
the Maine Revised Statutes, Title 12, chapter 206-A or Title 38; chapter 3, subchapter I, 
article 5-A or 6, 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. 
For purposes of this section, "significant groundwater well" has the same meaning as 
in the Maine Revised Statutes, Title 38, section 480-B, subsection 9-A, except that a 
development or part of a development requiring a permit pursuant to Title 38, chapter 3, 
subchapter 1, article 6 or a structure or development requiring a permit from the Maine 
Land Use Regulation Commission is not excluded from the definition of "significant 
groundwater well. " 
The Department of Environmental Protection or the Maine Land Use Regulation 
Commission may exclude certain types of pumping or certain significant groundwater 
wells or portions of significant groundwater wells from a fee requirement when 
appropriate based upon considerations such as the applicability of other fees, the type or 
amount of pumping or insignificant risk to protected natural resources or other wells.' 
SUMMARY 
This amendment replaces the bill. 
The amendment amends the definition of 
"significant groundwater well" by: 
1. 
Excluding withdrawals of water for preoperational capacity testing from the 
determination of whether or not the significant groundwater thresholds have been met; 
and 
2. Clarifying when a public water system qualifies as a significant groundwater well. 
The amendment also clarifies the changes to 3 unallocated law provisions that 
address transition language and rule-making requirements concerning public information 
meetings and fees intended to support independent assessment of monitoring information. 
FISCAL XOTE REQUlRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05119/09 frac 
124th MAINE LEGISLATUFtE 
LD 1269' 
LR 1285(02) 
An Act To Clarify the Laws Regarding Significant' Groundwater Wells 
Revenue 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Projections 
2011-12 
Other Special Revenue Funds 
$25,000 
$50,000 
$50,000 
Fiscal Detail and Notes 
Projections 
2012-13 
$50,000 
111is bill expands the definition of groundwater wells and adds dewatering of a mining operation to the definition. 
The expansion ofthe definition allows for additional pennitting by the Depmiment of Environmental Protection 
(DEP), resulting in Othei" Special Revenue Funds revenue of $50,000 to be collected annually beginning in 2010-11. 
As the rulemaking necessary for this additional permitting will not be completed until December 2009, additional 
pennit fees collected in FY 2009-10 will be $25,000. Additional costs to the DEP and Land Use Regulation 
Commission associated with rulemaking and issuing of the permits can be absorbed within existing budgeted 
resources. 
LR1285(02) - Fiscal Note - Page 1 of 1 
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