An Act To Protect Maine Families by Enhancing Well Water Regulation
Maine Legislature, Session 128, LD 0930
Committee: Environment and Natural Resources
Sponsors: FREDETTE
Amends: 22 MRSA §565

Legislative Document
No. 930
H.P. 658
House of Representatives, March 9, 2017
An Act To Protect Maine Families by Enhancing Well Water 
Regulation
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative FREDETTE of Newport.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §565, sub-§1, as enacted by PL 1991, c. 499, §2 and affected 
by §26, is amended to read: 
1.  Coordination with the Department of Environmental Protection.  In 
coordination with the Department of Environmental Protection, the department shall also 
provide laboratory services for environmental testing and analysis as necessary to 
implement the programs and duties of the Department of Environmental Protection, 
pursuant to Title 38, section 342, subsection 4 and Title 38, chapter 35.  The 
commissioner and the Commissioner of Environmental Protection shall enter into joint 
agreements and establish joint policies as necessary to ensure the provision of appropriate 
laboratory services. 
Sec. 2.  38 MRSA c. 35 is enacted to read: 
CHAPTER 35 
WELL WATER TESTING PROGRAM 
§3201.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Basic pollutants.  "Basic pollutants" means contaminants known to be a threat to 
human health and to be present in potable wells in this State, as determined by the 
department by rule. 
2.  Contaminated area.  "Contaminated area" means an area in which there is a 
known environmental hazard or dispersal of pollutants that may contaminate potable 
wells, as determined by the department by rule. 
3.  Potable well.  "Potable well" means a well that is a private water supply created 
or used to provide water for human consumption.   "Potable well" does not include a 
public water system as defined in Title 22, section 2601, subsection 8 or a roadside spring 
as defined in Title 22, section 2601, subsection 8-A. 
§3202.  Testing required; schedule 
A potable well must be tested for basic pollutants in accordance with the following 
requirements. 
1.  New potable wells.  A person drilling or otherwise creating a new potable well 
after July 1, 2018 shall have the well tested for basic pollutants in accordance with rules 
adopted by the department. 
2.  Ongoing testing.  A person owning a potable well shall have the well tested for 
basic pollutants at least once every 5 years in accordance with rules adopted by the 
department. 
§3203.  Testing and fees 
The department by rule shall establish testing procedures for carrying out the 
purposes of this chapter.  Fees charged for testing must be calculated and deposited 
according to Title 22, section 565, subsection 3 and Title 22, section 568, except that 
testing of a potable well within a contaminated area must be done free of all charges. 
§3204.  Coordination 
The department shall coordinate its responsibilities under this chapter with those of 
the Department of Health and Human Services under Title 22, chapter 601.  The Health 
and Environmental Testing Laboratory established under Title 22, section 565 shall 
provide all testing services required by the department under this chapter. 
§3205.  Rules 
The department shall adopt rules necessary to implement this chapter.  Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 3.  Funding.  The Department of Environmental Protection shall determine the 
costs of implementing this Act and, in consultation with the Public Utilities Commission 
and the Efficiency Maine Trust, identify appropriate funding sources to pay those costs.  
The department shall submit its findings and recommendations to the Joint Standing 
Committee on Appropriations and Financial Affairs by January 15, 2018. 
SUMMARY 
This bill requires all private wells used to provide water for human consumption to be 
tested for basic pollutants in accordance with rules adopted by the Department of 
Environmental Protection.  The wells are required to be tested at least once every 5 years, 
and all new wells created after July 1, 2018 are required to be tested.  All fees are waived 
for testing a well within an area in which there is a known environmental hazard or 
dispersal of pollutants that may contaminate the well. 
The Department of Environmental Protection is required to determine the costs of 
implementing this legislation and, in consultation with the Public Utilities Commission 
and the Efficiency Maine Trust, identify appropriate funding sources to pay those costs.  
The department is required to submit its findings and recommendations to the Joint 
Standing Committee on Appropriations and Financial Affairs by January 15, 2018.