Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 375 - NO ADVERSE ENVIRONMENTAL EFFECT STANDARDS OF THE SITE LOCATION OF DEVELOPMENT ACT
Section 096-375-8 - No Unreasonable Adverse Effect on Ground Water Quantity

Current through 2024-38, September 18, 2024

A. Preamble. The Department recognizes the importance of maintaining an adequate supply of ground water for drinking purposes. The Department also recognizes that the depletion of ground water resources can result in the intrusion of salt water into potable ground water supplies and can affect the hydrologic characteristics of surface water bodies (peak flows, low flows and water levels) resulting in adverse effects on their assimilative capacity and recreational use, as well as on certain wildlife habitats. Additionally, new wells can cause a lowering of the ground water supply to the point where existing wells run dry, particularly during the late summer and early fall.

B. Scope of Review. In determining whether the proposed development will have an unreasonable adverse effect on ground water quantity, the Department shall consider all relevant evidence to that effect, such as evidence that:

(1) The quantity of water to be taken from ground water sources will not substantially lower the found water table, cause salt water intrusion, cause undesirable changes in ground water flow patterns, or cause unacceptable ground subsidence.

C. Submissions. Applications for approval of proposed developments shall include evidence that affirmatively demonstrates that there will be no unreasonable adverse effect on ground water quantity, including information such as the following, where appropriate:

(1) Estimates of the quantity of ground water to be used by the proposed development.

(2) In the areas where salt water intrusion, the lowering of the ground water level, or land subsidence have been or can be reasonably be expected to be a problem, a report by a duly qualified person addressing the potential effects of ground water use by the proposed development.

D. Terms and Conditions. The Department may, as a term or condition of approval establish any reasonable requirement to ensure that there will be no unreasonable adverse effect on ground water quantity, such as requiring that:

(1) A development obtain its water from a surface water source, public community supply, or utility.

(2) Wells in the surrounding area be monitored to determine the effect of the development on ground water levels.

(3) People in the surrounding area, whose wells are adversely affected by the development, be provided with new wells or another source of potable water for their use and consumption.

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