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 096-587-10 - Implementation of water flow and water level requirements
Current through 2024-38, September 18, 2024
A. Implementation of water flow and water level requirements for existing agricultural producers. An existing agricultural producer, as defined in Title 7 § 353.2.A or § 353.2.B, has 5 years from the effective date of this chapter to attain the applicable in-stream flow and water level requirements established in sections 4, 5, 6 or 7 of this chapter. An existing agricultural producer who has, or whose predecessor had, a permit or a written voluntary agreement establishing withdrawal limits must adhere to those limits for the 5-year period or until in compliance with the requirementsestablished in this chapter. The Commissioner, upon recommendation of the Maine Agriculture Water Management Board, may grant an extension of the implementation period beyond the original 5 years for an agricultural producer who qualifies for the 5-year compliance period, if the Department determines that one or more of the conditions for a compliance extension established in Title 7 § 353.4 apply.
B. Implementation of water flow and water level requirements for existing Community Water Systems. An existing Community Water System has five years from the date it is notified by the Department of non-compliance with the instream flow or water level requirements of this chapter to obtain a Community Water System Withdrawal Certificate from the Department and to enter into an agreement to take all feasible actions necessary to comply with, or restore to the extent feasible, the applicable in-stream flow and water level requirements established in sections 4, 5, 6 or 7 of this chapter for the source waterbody and affected downstream waters. The Commissioner may grant an extension of this 5-year implementation period if it can be demonstrated that reasonable progress toward implementation of a Community Water System Withdrawal Certificate has occurred.
