Significant Groundwater Wells - Related programs
A number programs in Maine contribute to the regulation of significant groundwater wells. In addition, the The Maine Geological Survey provides information on Maine geology, groundwater, and wells. Staff in these programs know one another and communicate regularly.
Site Location of Development
DEP administers the Site Location of Development Law (see Site Law Page). The law requires approval from the DEP prior to construction for certain types of development that by definition are considered "Development of state of regional significance that may substantially affect the environment." This includes developments such as large subdivisions, developments occupying in excess of 20 acres, and structure area over 3 acres.
The Site Law has helped to protect groundwater since the early 1970s. A development that is regulated under the Site Law has to meet statutory and regulatory standards. See DEP rules, Chapter 375,No Adverse Environmental Effect Standards of the Site Location Law. The groundwater standards are in Section 7 and 8 of Chapter 375. 7. There is no limitation on the size of the well for these standards to apply. Therefore, some wells that qualify as significant groundwater wells under the NRPA are already regulated under the Site Law. If they are, they are not required to also get a NRPA permit.
Contacts at DEP: John Hopeck, Senior Geologist and Jim Cassida, Licensing Supervisor (Augusta).
Drinking Water Program
The Drinking Water Program (DWP) is responsible for enforcing the Federal Safe Drinking Water Act in Maine and is primarily responsible for administering Maine's rules related to drinking water.
The Bulk Water Transport Program is administered by the DWP in the Department of Health and Human Services (DHHS). It is triggered by the transport of water for commercial purposes, in containers greater than 10 gallons in size, across municipal boundaries. Once triggered, one of the standards that must be met is:
"For a source not otherwise permitted by the Department of Environmental Protection or the Maine Land Use Regulation Commission, the water withdrawal will not have an undue adverse effect on waters of the State, as defined by Title 38, 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 making findings under this paragraph, the commissioner shall consider both the direct effects of the proposed water withdrawal and its effects in combination with existing water withdrawals. " 22 MRSA 2660-A(3)(D).
Contact at DWP: Andrew Tolman
LURC Development Permit
Wells in unorganized areas of the State may require a permit from the Land Use Regulation Commission (LURC). LURC has delegated under the Natural Resources Protection Act and is required to annually review land use standards adopted by the commission to ensure that the standards afford a level of protection consistent with the goals of the NRPA, as well as 12 MRSA, chapter 206-A, Use Regulation, and LURC's comprehensive land use plan
Sustainable Water Use Program
Through the Sustainable Water Use Program (SWUP). the DEP establishes minimum river and stream flows, and lake and pond levels, to protect natural aquatic life and other designated uses in surface waters threatened by significant water withdrawals pursuant to Chapter 587, In-stream Flows and Lake and Pond Water Levels. The rules apply to direct or indirect withdrawal.
Contact at DEP: Mark Margerum
