An Act To Clarify the Laws Regarding Significant Groundwater Wells
Maine Legislature, Session 124, LD 1269
Committee: Natural Resources
Sponsors: HILL, SIMPSON
Amends: 38 MRSA §480-B

FIRST RF,GUI,AR SF,SSION-2009 
Legislative Document 
No. 1269 
H.P.888 
House of Representatives, March 31, 2009 
An Act To Clarify the Laws Regarding Significant Groundwater 
Wells 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative HILL of York. 
Cosponsored by Senator SIMPSON of Androscoggin. 
Printed LlIl rccyckJ pnper 
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117· 7l/1I£~{ 
MILLICENT M. MacFARLAND 
Clerk 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §480-B, sub-§9-A, ~, as enacted by PL 2007, c. 399, § 1 0, is 
amended to read: 
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B. "Significant groundwater well" does not include: 
(1) A public water system as defined in Title 22, section 26Q 1, subsection 8 other 
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than any portion of a public water system used :se!ely to bottle wa~er for sale or to 
provide water to be bottled for sale as determined by the depmiment; 
(2) Illdividual home domestic supply; 
(3) Agricultural use or storage; 
(3-A) Dewatering of a mining operation; 
(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 
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Regulation Commission. 
Sec. 2. PL 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 establishlnent 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" means any well, , 
wellfield, excavation or other structure, device or method used to obtain groundwater that 
is 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; for individual home domestic 
supply; for agricultural use or storage; or for dewatering of a mining operation and 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 habitat, water supply well not owned or 
controlled by the applicant or river, stream or brook. 
Sec. 3. PL 2007, c. 399, §14 is amended to read: 
Page I - 124LR1285(Ol)-1 
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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 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 cbntained in the Department of Environmental Protection's rule 
concerning the proce,ssing 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. 
For purposes of this section, "significant groundwater well" means any well, 
wellfield, excavation or other structure, device or method used to obtain groundwater that 
is 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; for individual home domestic 
supply; for agricultural use or storage; or for dewatering of a mining operation and is: 
I, Withdrawing at leas.t 75,000 gallons during any week or at least 50,000 gallons on 
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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. 
This section applies to a significant groundwater well that requires approval pursuant 
to Title 12, chapter 206-A or Title 38, chapter 3, article 5-A or 6. 
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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, article 5-A or 
Q, 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" means' any well, 
wellfield, excavation or other structure, device or method used to obtain groundwater that 
is 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; for individual home domestic 
supply; for agricultural use or storage; or for dewatering of a rruning operation and 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 habitat, water suppiy well not owned or 
controlled by the applicant or rivet, stream or brook. 
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 where 
appropriate based upon considerations such as the applicability of other fees, the type or 
amount of pumping or the insignificant risk to protected natural resources or other wells. 
SUMMARY 
This bill clarifies that the" definition of "significant groundwater well" in the Natural 
Resources Protection Act includes public water systems or portions of public water 
systems that bottle water for sale or provide water to be bottled for sale as determined by 
the Department of Environmental Protection. The bill also adds dewatering of a mining " 
operation to the definition of "significant groundwater well." 
The bill also clarifies 3 unallocated law provisions that address transition language 
and rule-making requirements concerning public information meetings and fees and a fee 
schedule intended to support independent assessment of monitoring information. 
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