LD 1506
pg. 6
Page 5 of 13 An Act To Update the Laws Governing Borrow Pits and Quarries Page 7 of 13
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LR 585
Item 1

 
unreclaimed areas are added together in determining whether this
one-acre threshold is exceeded. A notice filed under this section
must be complete, submitted on forms approved by the department and
mailed to the municipality where the quarry is located, the
department, the Maine Historic Preservation Commission and each
abutting property owner. The notice that is mailed to the
municipality and each abutting property owner must be mailed at
least 7 days before the notice of intent to comply is filed with
the regulator. The notice that is mailed to the department must be
sent by certified mail, return receipt requested. Upon receiving
the postal receipt, the owner or operator may commence operation of
the quarry. The municipality where the proposed quarry is located
may submit comments to the department if the proposed quarry may
pose an unreasonable adverse impact under the standards in section
490-Z. Within 30 days of receipt of the notice of intent to
comply, the department shall respond to the comments made by the
municipality. Abutting property owners, the Maine Historic
Preservation Commission or other interested persons may submit
comments directly to the department.

 
Sec. 10. 38 MRSA §490-Z, sub-§3, as enacted by PL 1995, c. 700, §35,
is amended to read:

 
3. Groundwater protection. To ensure adequate groundwater
protection, the following setback requirements must be met.

 
A. A 200-foot separation must be maintained between an
excavation and a private drinking water supply that is point
driven or dug and was in existence prior to the excavation.

 
B. A 100-foot separation must be maintained between an
excavation and a private drinking water supply that is
drilled into saturated bedrock and was in existence prior to
the excavation.

 
C. Separation must be maintained between an excavation and
a public drinking water source as follows:

 
(1) For systems serving a population of 500 persons or
less, the minimum separation must be 300 feet;

 
(2) For systems serving a population of 501 persons up
to 1,000 persons, the separation must be 500 feet;

 
(3) For systems serving a population of more than
1,000 persons, the separation must be 1,000 feet; and

 
(4) For any system that holds a valid filtration waiver in
accordance with the federal Safe Drinking


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