Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 587 - IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS › Section 096-587-1 - Applicability

Current through 2024-29, July 17, 2024
The requirements established herein apply towithdrawals or
				  other direct or indirect removal, diversion, activities, or use of these waters
				  that causes the natural flow or water level to be altered for all non-tidal
				  fresh surface waters of the State. Notwithstanding this, the flows and water
				  levels established in this chapter do not apply to the following
				  circumstances.
A.
Public
				emergency.
Alteration of flow or water level for the purpose of
				protecting public health, safety, and welfare due to a sudden catastrophic
				event, such as for fire control. This includes water withdrawals for emergency
				preparedness.
B.
Storage
				ponds.
Ponds constructed outside of a natural stream channel for the
				purpose of storing water for later use, such as irrigation or snowmaking, or
				other man-made ponds not classified GPA under 38 M.R.S.A.
				Section465-A.
C.
Nonconsumptive use
. Nonconsumptive use of water is defined in 38
				M.R.S.A. Section470-A. Notwithstanding this, an existing (as of the effective
				date of this chapter) point of return flow to contiguous water greater than
				1/14 mile from the point of withdrawal and that otherwise meets the definition
				of nonconsumptive use in 38 M.R.S.A. Section470-A, is also deemed to be a
				nonconsumptive use. For the purposes of this chapter, non-consumptive use is
				determined to have no measurable effect on flows or water levels. Flows in the
				segment between a point of withdrawal and a downstream point of return must be
				sufficient to maintain all other water quality standards, including all
				designated uses and characteristics of the assigned classification. Activities
				that constitute a nonconsumptive use may occur during all flow and water level
				conditions.
D.
Existing
				Community Water Systems operating with a Community Water System Withdrawal
				Certificate
. Except as provided herein, Community Water Systems must
				comply with the applicable flow and water level requirements established in
				sections 4, 5, 6, 7 or 8 of this chapter. Notwithstanding this, and for the
				purpose of any enforcement action under this chapter, these requirements will
				not apply to an existing Community Water System operating within its system
				design capacity providing that (1) the Community Water System, so operating,
				cannot attain the applicable requirements, and (2) the Community Water System
				has received, and is operating in accordance with, or is otherwise satisfying
				the requirements of, a Community Water System Withdrawal Certificate issued by
				the Department. A Community Water System Withdrawal Certificate will be issued
				by the Department to any existing Community Water System that demonstrates that
				it cannot operate at its system design capacity and attain the applicable flow
				or water level requirements of this chapter. Existing Community Water Systems
				are those systems that are operating and withdrawing water for customer use as
				of the effective date of this rule. A certificate shall allow withdrawals for
				Community Water Systems up to their system design capacity. A certificate may
				include appropriate conditions that take into account the economic and
				technical feasibility of maintaining, and restoring to the extent feasible, all
				water quality standards affected by the Community Water System, including all
				designated uses and characteristics of the assigned classification. Economic
				and technical feasibility shall consider the provisions of their Legislative
				charter or other authority, watershed protection benefits of the existing
				source, and the financial viability of the Community Water System provided that
				the conditions and limitations of the certificate can be accomplished within
				the existing Public Utilities Commission approved rate schedule(s) of the
				system or do not in and of themselves cause a Community Water System to request
				a rate increase to their customers. In implementing the conditions of a
				certificate, the Community Water System may choose to incorporate the cost of
				compliance into their long-range capital plan. Any conditions included in a
				Community Water System Withdrawal Certificate must be reviewed and approved by
				the Drinking Water Program at the Department of Health and Human Services with
				technical assistance from the Office of the Public Advocate on economic
				issues,before being issued by the Department of Environmental Protection, to
				assure they are economically affordable and technically feasible, and will not
				jeopardize the safety, dependability, or the financial viability of the
				Community Water System. All water quality standards, as well as flows and water
				levels established pursuant to this chapter, remain applicable to the waters
				affected by the Community Water System, and will be used to assess water
				quality in those waters for all other purposes. The intent of the certificate
				process shall be to accommodate needs of Community Water Systems while striving
				to move towards achievement of water quality standards.
The Department may issue an amended Community Water System
				  Withdrawal Certificate for an existing Community Water System planning a new or
				  modified source that increases its system design capacity. Any amended
				  certificate shall contain conditions ensuring that all water quality standards
				  affected by the Community Water System, including designated uses and
				  characteristics of the assigned classification, shall be maintained, or
				  improved to the extent economically affordable and technically feasible if they
				  were not previously in attainment. Any conditions included in an amended
				  Community Water System Withdrawal Certificate must be reviewed and approved by
				  the Drinking Water Program at the Department of Health and Human Services with
				  technical assistance from the Office of the Public Advocate on economic
				  issues,before being issued by the Department of Environmental Protection to
				  assure they are economically affordable and technically feasible, and will not
				  jeopardize the safety, dependability, or the financial viability of the
				  Community Water System.