| | | Emergency preamble. Whereas, Acts of the Legislature do not become | | effective until 90 days after adjournment unless enacted as | | emergencies; and |
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| | | Whereas, low underground water levels caused by dry weather | | conditions over the past several years have imperiled the water | | supply of many rural homes; and |
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| | | Whereas, low water levels and dry wells pose a public health | | hazard to a significant portion of the State's population; and |
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| | | Whereas, in the judgment of the Legislature, these facts create | | an emergency within the meaning of the Constitution of Maine and | | require the following legislation as immediately necessary for | | the preservation of the public peace, health and safety; now, | | therefore, |
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| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. Definition. As used in this Act, the term "key local | | official" means a municipal or county manager or, in the absence | | of a municipal or county manager, a county or municipal officer | | or road commissioner. |
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| | | Sec. 2. Municipal permit not required during declared drought emergency. | | Notwithstanding the Maine Revised Statutes, Title 29-A, section | | 2395, subsection 4, during a period of drought emergency declared | | by the Governor during calendar year 2002 pursuant to Title 37-B, | | section 742, a person operating a vehicle that is transporting | | well-drilling equipment for the purpose of drilling a replacement | | water well or for improving an existing water well on property | | where that well is no longer supplying sufficient water for | | residents or agricultural purposes may travel over a county or | | municipal way without a specific county or municipal permit, as | | long as the following conditions are met: |
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| | | 1. The operator of the vehicle is operating in accordance | | with a permit issued by the Department of Transportation when a | | department permit is required for a road or way necessary to | | reach the county or municipal way on which the property to be | | drilled is situated; |
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| | | 2. The key local official in the municipality or county is | | notified in advance of the date and time the vehicle will be | | traveling over a road that is posted by a county or municipality; | | and |
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| | | 3. The operator of the vehicle is traveling on a road that is | | posted by a county or municipality in accordance with any |
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