§404-D.__Aquifer protection zones

1.__Aquifer protection area defined.__As used in this section, "aquifer protection area" means any area consisting of well fields, areas of contribution and recharge areas that are identified on maps approved by the commissioner and that meet the criteria established by the department pursuant to rule.__Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

2.__Municipal regulation of aquifer protection areas.__A municipality in which an aquifer protection area is located shall adopt regulations for aquifer protection.

Sec. 2. Develop recommendations; submit legislation. The Commissioner of Environmental Protection shall develop recommended land use controls in aquifer protection areas, as defined in the Maine Revised Statutes, Title 38, section 404-D. In developing the recommendations, the commissioner shall propose:

1. Best management practice standards for existing regulated activities located entirely or in part within aquifer protection areas and a schedule for compliance of nonconforming regulated activities with such standards;

2. Best management practice standards for and prohibitions of regulated activities proposed to be located entirely or in part within aquifer protection areas;

3. Procedures for exempting regulated activities in aquifer protection areas upon determination solely by the commissioner that such regulated activities do not pose a threat to any existing or potential drinking water supply; and

4. Requirements for design and installation of groundwater monitoring within aquifer protection areas.

The commissioner may include other recommendations necessary to carry out the purposes of this Act.

No later than December 7, 2005, the commissioner shall submit the recommendations, including any necessary implementing legislation, to the Joint Standing Committee on Natural Resources. After receipt and review of the recommendations, the Joint Standing Committee on Natural Resources may report out a bill to the Second Regular Session of the 122nd Legislature.