(1) A 200-foot separation must be maintained between any excavation and any private drinking water supply that is a point-driven or dug well and was in existence prior to that excavation.
(2) A 100-foot separation must be maintained between any excavation and any private drinking water supply that is drilled into saturated bedrock and was in existence prior to that excavation.
(3) Separation must be maintained between any affected land and any public drinking water source as follows:
(a) For systems serving a population of 500 persons or fewer, the minimum separation must be 300 feet;
(b) For systems serving a population of 501 persons up to 1,000 persons, the separation must be 500 feet;
(c) For systems serving a population of more than 1,000 persons, the separation must be 1,000 feet; and
(d) For any system that holds a valid filtration waiver in accordance with the federal Safe Drinking Water Act, the separation must be 1,000 feet.
(4) Refueling operations, oil changes and other maintenance activities requiring the handling of fuels, including but not limited to petroleum products, hydraulic fluids, and other on-site activity involving the storage or use of products that, if spilled, may contaminate groundwater, must be conducted in accordance with the Department of Environmental Protection's spill prevention, control and countermeasures plan. Petroleum products and other substances that may contaminate groundwater must be stored and handled over impervious surfaces that are designed to contain spills. The spill prevention, control and countermeasures plan must be posted at the site.
(5) Excavation may not occur within five feet of the seasonal high-water table unless the operator first obtains a variance from the Maine Department of Environmental Protection. A bench mark sufficient to verify the location of the seasonal high-water table must be established and at least one test pit or monitoring well must be established on each five acres of unreclaimed land and maintained by the operator to demonstrate separation above groundwater.
(6) In the event of excavation below the seasonal high-water table, the operator of a mining activity that affects a public drinking water source or private drinking water supply by excavation activities causing contamination, interruption or diminution must restore or replace the affected water supply with an alternate source of water, adequate in quantity and quality for the purpose served by the supply. This subsection is not intended to replace any independent action that a person whose water supply is affected by a mining activity may have. The applicant shall conduct and report all baseline and routine compliance monitoring (i.e., water levels and water quality monitoring) required by MaineDEP Title 38 Section 490 to the Planning Board for review and approval prior to beginning mineral extraction activities and on an annual basis after mineral extraction activities have begun. Water level and water quality monitoring should be conducted by a third party working under the guidance of a certified geologist or professional engineer.
(7) In the event of excavation below the seasonal high-water table, a 300-foot separation must be maintained between the permitted limit of excavation and any predevelopment private drinking water supply, and a 1,000-foot separation must be maintained between the permitted limit of excavation and any predevelopment public drinking water source or area previously designated for potential use as a public drinking water source by a municipality or private water company.
See
Article 6: Mineral Extraction for detailed information.
