Sec. 1. 23 MRSA §3360-A, sub-§1, ¶H is enacted to read:

H.__"Water well construction" means the activities of drilling, driving or boring a hole into the earth to extract drinking water and installing mechanical equipment or a device used to remove water from a well including all piping and wiring to any existing equipment in a structure.

Sec. 2. 23 MRSA §3360-A, sub-§5-F is enacted to read:

5-F.__Exemption; water well construction.__A person is exempt from the notice requirements of subsection 3 for any excavation undertaken in conjunction with water well construction as long as the excavation:

A.__Is not conducted in a public place, on public land or within a public easement, including, but not limited to, a public way;

B.__Is not conducted within 25 feet of an easement or land owned by an underground facility operator;

C.__Is not conducted within 25 feet of an underground facility; and

D.__Does not involve the use of explosives.

SUMMARY

This bill exempts excavators constructing water wells from certain notification requirements of excavation laws when operating on private property away from the location of underground facilities.