Sec. C-1. Study of state regulation of groundwater withdrawal. The Land and Water Resources Council established in the Maine Revised Statutes, Title 5, section 3331 and referred to in this Part as "the council" shall undertake a study of current state law regarding regulation of withdrawal of groundwater. The purpose of the study is to identify any changes in state law needed to ensure a consistent, integrated and scientifically sound state policy that ensures that the withdrawal of groundwater does not have an undue adverse effect on waters of the State, as defined by the Maine Revised Statutes, Title 38, section 361-A, subsection 7; water-related natural resources; and existing uses, including, but not limited to, public or private wells, within the anticipated zone of contribution to the withdrawal.
Sec. C-2. Oversight. The council shall begin the study under section 1 no later than October 1, 2005. The study must be carried out under the direction of the council with work performed by a work group composed of appropriate personnel from the Department of Environmental Protection, the Department of Agriculture, Food and Rural Resources, the Maine Land Use Regulation Commission, the Department of Health and Human Services' drinking water program, the Maine Geological Survey, the Department of Economic and Community Development, the Executive Department, State Planning Office and members of the public with expertise in relevant fields of interest, including, but not limited to, agriculture, public water utilities, groundwater law and water bottling and sale. In addition, the work group must include a private domestic well owner and legislative members from the Joint Standing Committee on Natural Resources, the Joint Standing Committee on Agriculture, Conservation and Forestry and the Joint Standing Committee on Business, Research and Economic Development.
Sec. C-3. Staffing assistance. The Maine Geological Survey shall provide staff services to the council and serve as lead agency for purposes of management of the study at the council's direction.
Sec. C-4. Issues to be considered. In developing its recommendations, the council shall:
1. Identify and review provisions under the Maine Revised Statutes, Title 12, chapter 206-A; Title 22, chapter 601; and Title 38, chapter 3, article 6, any other pertinent state laws that may trigger state regulation of a proposed withdrawal of groundwater;
2. Review existing geological, hydrogeological and other related scientific information regarding Maine's groundwater resources in order to assess the efficacy of existing state law for ensuring that withdrawal of groundwater does not have an undue adverse effect on waters of the State as defined by Title 38, section 361-A, subsection 7; water-related natural resources; and existing uses, including, but not limited to, public or private wells, within the anticipated zone of contribution to the withdrawal;
3. Identify and assess criteria that should influence whether and how the State regulates or otherwise manages withdrawal of groundwater, giving consideration to sizes and uses of withdrawal, including, but not necessarily limited to, the following:
A. The quantity of proposed withdrawal;
B. The hydrogeologic characteristics of the aquifer in which the proposed withdrawal will take place;
C. The duration of the proposed withdrawal;
D. The size of the land parcel on which the withdrawal occurs;
E. The location of the proposed withdrawal in relation to wetlands, great ponds or other protected natural resources; and
F. The nature, size and location of proximate surface waters;
4. Propose any necessary changes to state law, including, but not limited to, a series of regulatory thresholds with appropriate levels of review for each, such as permit-by-rule, that would trigger state regulatory review of withdrawal of groundwater. The council shall recommend such changes that it considers appropriate and necessary to establish a consistent, integrated and scientifically sound state policy regarding groundwater management that ensures that withdrawal of groundwater does not have an undue adverse effect on waters of the State, as defined by Title 38, section 361-A, subsection 7; water-related natural resources; and existing uses, including, but not limited to, public or private wells within the anticipated zone of contribution to the withdrawal;
5. Assess the projected costs to the State of developing and implementing any changes in state law proposed pursuant to subsection 4 and the adequacy of existing departmental resources, including regulatory fees, to develop and implement those changes efficiently and effectively; and
6. Assess the projected costs to applicants for withdrawal of groundwater for complying with any changes in state law proposed in subsection 4.
Sec. C-5. Report. The work group established under section 2 of this Part shall provide updates or reports to the council as determined by the council. The council shall submit its final report and recommendations to the joint standing committee of the Legislature having jurisdiction over natural resources matters no later than November 1, 2007.
Sec. C-6. Rulemaking. By March 15, 2007, the Department of Environmental Protection, the Maine Land Use Regulation Commission, the Department of Health and Human Services and the Maine Geological Survey shall coordinate the adoption of any major substantive rules, as defined in Title 5, chapter 375, subchapter 2-A, needed to implement the recommendations of the council pursuant to section 4 of this Part.
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