Amendment to LD 1269
Prepared by the Maine Department of Environmental Protection
5/4/2009

COMMITTEE AMENDMENT “ “ to L.D. 1269, An Act to Clarify the Laws Regarding
Significant Groundwater Wells

Amend the bill after the enacting clause and before the summary by deleting all text and
replacing it with the following:

‘Sec. 1. 30-A MRSA §3007, sub-§6 is enacted to read:
6. Significant groundwater wells. A municipality has authority to regulate significant
groundwater wells as provided in this subsection.
A. For purposes of this subsection, “significant groundwater well” has the same meaning as
defined in the Natural Resources Protection Act at 38 M.R.S.A. 480-B(9-A) excluding 38
M.R.S.A. 480-B(9-A)(4) and (5).
B. A municipality may not regulate a significant groundwater well that:
(1) Requires a permit pursuant to Title 38, Article 5-A unless the municipality has been
delegated authority to issue permits under Title 38, Article 5-A as provided in 38 MRSA
§480-F; or
(2) Is part of a development requiring a permit pursuant to Title 38, Article 6, unless the
Commissioner of the Department of Environmental Protection has registered the
municipality for authority to substitute permits issued pursuant to Title 30-A, chapter 141
or 187 for permits under Title 38, Article 6 as provided in 38 MRSA §489-A,
For purposes of this paragraph, “regulate” means to implement and enforce groundwater
quantity and quality standards.

C. If a municipality has not been authorized to regulate a project as described in B(1) or
(2), then the Department of Environmental Protection shall grant the municipality
intervenor status upon request in any permit application proceeding before the department
involving significant groundwater well that may have an affect within the municipality upon
waters of the State, as defined in section 361-A, subsection 7, water-related natural
resources and existing uses, including, but not limited to, public or private wells within the
anticipated zone of contribution to the withdrawal. The department shall consider the
municipality’s comments.

D. If a municipality (referred to as the “first municipality”) has been authorized to regulate a
significant groundwater well as described in (B)(1) or (2), and a proposed significant
groundwater well may have an effect in a second municipality upon waters of the State, as
defined in section 361-A, subsection 7, water-related natural resources and existing uses,

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Amendment to LD 1269
Prepared by the Maine Department of Environmental Protection
5/4/2009
including, but not limited to, public or private wells within the anticipated zone of
contribution to the withdrawal, then the second municipality must be granted intervenor
status in any permit application before the first municipality for the purpose of introducing
comments related to such potential effects. Comments by the second municipality must be
considered by the first municipality.

E. If a municipality has been authorized to regulate a significant groundwater well as
described in (B)(1) or (2) and the municipality determines that a particular application, by
virtue of its size, uniqueness, complexity or other relevant factors, is likely to require
significant resources to provide adequate review groundwater quantity or quality issues,
then the municipality may designate that application as subject to special fees. Such a
designation must be made at, or prior to, the time the application is accepted as complete
and may not be based solely on the likelihood of extensive public controversy. The
processing fee for that application must be the actual cost to the municipality. The applicant
must be billed quarterly, unless an alternative payment mechanism is agreed to by the
municipality and the applicant. All such fees must be paid prior to receipt of the permit.
The municipality may also condition the permit on receipt of ongoing fees reflecting the
actual ongoing cost to the municipality of providing adequate review of and response to
monitoring information required after a permit is issued.

F. This subsection does not limit municipal authority to:
(1) Enforce requirements and standards applicable to significant ground water wells in
other subject areas than groundwater quantity and quality, such as land use or traffic
controls;
(2) Require an impact fee related to a significant groundwater well;
(3) Regulate wells smaller than significant groundwater wells in any manner; or
(4) Set a limit on the term of a significant groundwater permit issued by a municipality
except that the term may not be less than 5 years.
Sec. 2. 38 MRSA 38 MRSA §480-B, sub-§9-A 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:
(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

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Amendment to LD 1269
Prepared by the Maine Department of Environmental Protection
5/4/2009
(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 pre-operational 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 other than
a public water system used solely to bottle water for sale; except as provided in (a) or
(b).
(a) “Significant groundwater well” includes a public water system used solely to
bottle water for sale.
(b) “Significant groundwater well” includes a portion of a public water system
that is:
(i) Constructed on or after January 1, 2009;
(ii) 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 “used solely to bottle water for
sale” includes a public water system that bottles water for sale and provides 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;
(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
Regulation Commission.
Sec. 3. 38 MRSA §480-D, sub-§10 is amended to read:
10. Significant groundwater well. If the proposed activity includes a significant
groundwater well, the applicant must demonstrate that the activity will not have an undue
unreasonable effect on waters of the State, as defined in section 361-A, subsection 7, water-
related natural resources and existing uses, including, but not limited to, public or private

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Amendment to LD 1269
Prepared by the Maine Department of Environmental Protection
5/4/2009
wells within the anticipated zone of contribution to the withdrawal. In making findings under
this subsection, the department shall consider both the direct effects of the proposed
withdrawal and its effects in combination with existing water withdrawals. In implementing
this standard, the department may consider rules addressing groundwater quantity and quality
adopted pursuant to Article 6, site location of development, as also adopted pursuant to this
subsection.

Sec. 4. 38 MRSA §480-F, sub-§1, first paragraph, is amended to read:
1. Delegation. A municipality may apply to the department board for authority to issue
all permits under this article or for partial authority to process applications for permits
involving activities in specified protected natural resources or for permits for significant
groundwater wells or for activities included in chapter 305 of the department's rules,
addressing permit by rule. The department board shall grant such authority if it finds that the
municipality has:
Sec. 5. 38 MRSA §480-F, sub-§1, ¶B is amended to read:

B. Adopted a comprehensive plan and related land use ordinance determined by the
State Planning Office to be consistent with the criteria set forth in Title 30-A, chapter
187, subchapter II and determined by the commissioner to be at least as stringent as
criteria set forth in section 480-D, except as provided in B-1;
Sec. 6. 38 MRSA §480-F, sub-§1, ¶B-1 is enacted to read:
B-1. The department may rely upon interim municipal regulations adopted by municipal
officers in lieu of ordinances adopted by a municipal legislative body provided the
regulations meet the same standard as would be required for an ordinance. If an
acceptable and timely municipal ordinance is not adopted within 12 months by the
municipal legislative body, delegation shall lapse and permits will be required from the
department pursuant to this Article for all wells licensed by the municipality during the
period of delegation.
Sec. 7. 38 MRSA §480-F, sub-§2, first paragraph, is amended to read:
2. Procedure. The following procedures apply to applications under this article processed
by municipalities, except as provided in subsection 2-A.
Sec. 8. 38 MRSA §480-F, sub-§2-A is enacted to read:
2-A. Alternative procedure for significant groundwater wells. The following
procedures apply to applications for significant groundwater wells under this article
processed by municipalities.

A. The municipality shall submit a copy of the proposed monitoring plan from an
application to the municipality for a significant groundwater well to the department for
review. The department may also request to review the remainder of the application.
The municipality shall consider the department’s comments in regard to potential effects

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Amendment to LD 1269
Prepared by the Maine Department of Environmental Protection
5/4/2009
upon waters of the State, as defined in section 361-A, subsection 7, water-related natural
resources and existing uses, including, but not limited to, public or private wells within
the anticipated zone of contribution to the withdrawal. In its comments, the department
shall consider both the direct effects of the proposed withdrawal and its effects in
combination with existing water withdrawals.

B. Any municipal permit for a significant groundwater well or development containing a
significant groundwater well must contain numerical limits on withdrawal and
monitoring requirements. Monitoring requirements must specify at what withdrawal
rates a permittee shall notify the municipality that withdrawal is approaching an
established limit of withdrawal calculated to maintain groundwater levels so as to meet
applicable groundwater quantity and quality requirements.

C. A copy of the permit issued by the municipality must be sent to the commissioner
within 14 days of issuance.

D. All monitoring data shall be provided to the department.
A municipality’s denial of an application for a significant groundwater well due to
potential undue unreasonable effects upon waters of the State, as defined in section 361-A,
subsection 7, water-related natural resources and existing uses, including, but not limited to,
public or private wells within the anticipated zone of contribution to the withdrawal, must
include findings of fact and conclusions of law. In making its findings the municipality shall
consider both the direct effects of the proposed withdrawal and its effects in combination
with existing water withdrawals.
Sec. 9. 38 MRSA §480-F, sub-§1, paragraphs 3, 4 and 5 are enacted to read:
3. Current requirements. A municipality registered under this section shall ensure that
municipal regulations continue to meet the criteria listed in section 480-F, subsection 1.
A. The commissioner shall immediately notify registered municipalities of new or
amended regulations adopted by the department pursuant to this article.
B. Amendments to municipal regulations must be adopted by the municipality within one
calendar year of the effective date of new or amended department regulations and
submitted to the commissioner for approval within 45 calendar days of adoption by the
municipality.
4. Suspension of registration. If the commissioner finds that a municipality no longer
meets the criteria set forth under 38 MRSA section §480-F, subsection 1, or is not adequately
implementing those requirements, the commissioner may suspend the registration and shall
notify the municipality accordingly. The notice must contain findings of fact and conclusions
of law. If registration is suspended, the commissioner shall recommend actions for the
municipality to come into compliance with this section. The commissioner may waive the
suspension for new projects that have received at least one substantive municipal review
prior to the suspension of registration.

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Amendment to LD 1269
Prepared by the Maine Department of Environmental Protection
5/4/2009
5. Joint enforcement. A municipality registered under this section has primary
authority and responsibility for enforcing a permit issued under this section. The department
may also enforce the permit if requested by the municipality or if a municipality fails to
enforce the permit after notice from the department. If enforcement is undertaken by the
department, any person who violates a permit issued under this section is subject to the
provisions of section 349, in addition to any penalties which the municipality may impose.

6. Appeal of decision by commissioner to grant, withhold or suspend registration.
An appeal of the decision by the commissioner to grant, withhold or suspend registration is
as follows.
A. The decision of the commissioner to grant, withhold or suspend the registration may
be appealed to the board by a person aggrieved by the decision. The board shall review,
may hold a hearing on and may affirm, amend or reverse the decision of the
commissioner when the decision is appealed within 30 days of issuance of notification
of the decision. The board shall give written notice to persons that have asked to be
notified of the commissioner's decision. The board may allow the record to be
supplemented if it finds that the evidence offered is relevant and material in determining
whether the municipality no longer meets the criteria set forth in subsections 2 and 2-A.
B. The board is not bound by the commissioner's findings of fact or conclusions of law
but may adopt, modify or reverse findings of fact or conclusions of law established by
the commissioner. Any changes made by the board under this paragraph must be based
upon the board's review of the record, any supplemental evidence admitted by the board
and any hearing held by the board.

Sec. 10. 38 MRSA §480-F, sub-§3 is amended to read:
3. Home rule. Nothing in this article may be understood or interpreted to limit the home
rule authority of a municipality to protect the natural resources of the municipality through
enactment of standards that are more stringent than those found in this article, except as
provided in 30-A MRSA §3007, sub-§6.
Sec. 11. 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 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
38 M.R.S.A. 480-F(9-A) excluding 38 M.R.S.A. 480-F(9-A)(4) and (5).
Sec. 12. PL 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

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Amendment to LD 1269
Prepared by the Maine Department of Environmental Protection
5/4/2009
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 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.
For purposes of this section, “significant groundwater well” has the same meaning as in
38 M.R.S.A. 480-F(9-A) excluding 38 M.R.S.A. 480-F(9-A)(4) and (5).
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.
Sec. 13. 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 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
38 M.R.S.A. 480-F(9-A) excluding 38 M.R.S.A. 480-F(9-A)(4) and (5).
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.
Sec. 14. Transition provision concerning municipalities with existing significant
groundwater well ordinances. On and after January 1, 2010, a municipality with an
ordinance regulating significant groundwater wells or developments containing significant
groundwater wells may not review a significant groundwater well requiring a permit pursuant
to Title 38, Article 5-A, Natural Resources Protection Act unless authorized pursuant to Title
38, section 480-F and may not review a significant groundwater well contained within a
development requiring a permit pursuant to Title 38, Article 6, Site Location of Development
on or after January 1, 2011 unless authorized pursuant Title 38, Section 489-A
Sec. 15. Transition provision concerning significant groundwater wells with existing
municipal permits. A person with a permit for a significant groundwater well approved
under a municipal ordinance before January 1, 2010 that includes requirements at least as
strict as those in 38 MRSA§484(5) and any rules adopted pursuant thereto shall continue to
meet the requirements specified in the local permit unless otherwise required by the

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Amendment to LD 1269
Prepared by the Maine Department of Environmental Protection
5/4/2009
municipality. If the permittee seeks a new, renewed, or modified permit, and the new,
renewed or modification permit requires review pursuant to the Natural Resources Protection
Act or the Site Location of Development Law, then the requirements specified in this Act
shall apply to the new permit, renewed permit, or modification.’
SUMMARY
The amendment replaces the text of the bill. It adds a provision to municipal law concerning
significant groundwater wells. It prohibits a municipality from regulating a significant
groundwater well that requires review under the Site Location of Development law (Site Law) or
Natural Resources Protection Act (NRPA) unless the municipality has been delegated authority
from the Maine Department of Environmental Protection (department). The amendment also
provides that a municipality that does not have delegated authority must be allowed intervenor
status in a licensing action concerning a significant groundwater well before the department. A
municipality with water-related natural resources or existing uses that may be affected by a
proposed significant groundwater well in a nearby municipality must also be granted intervenor
status in the licensing action before the municipality reviewing the application, or the
department, as applicable. The amendment also provides that a municipality regulating a
significant groundwater well may charge special fees as necessary to provide for adequate
review of an application, and review of ongoing monitoring information.
The also amendment also clarifies the definition of “significant groundwater well” in the
NRPA.
The amendment also provides that in implementing the significant groundwater well standard
of the NRPA, the department may rely upon groundwater quantity and quality rules adopted
pursuant to the Site Law.
The amendment also clarifies the delegation of review authority under the NRPA for
significant groundwater wells, and provides certain procedures specific to these types of
development.
The amendment also clarifies municipal home rule authority concerning significant
groundwater wells.
The amendment also clarifies the definition of “significant groundwater wells” in three
previously enacted unallocated law provisions.
The amendment also provides transition provisions.