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Water Act, 42 United States Code, Sections 300f to 300j- | 26 (1988), the separation must be 1,000 feet. |
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| D. Refueling operations, oil changes, other maintenance | activities requiring the handling of fuels, petroleum | products and hydraulic fluids and other on-site activity | involving storage or use of products that, if spilled, may | contaminate groundwater, must be conducted in accordance | with the department's spill prevention, control and | countermeasures plan. Petroleum products and other | substances that may contaminate groundwater must be stored | and handled over impervious surfaces that are designed to | contain spills. The spill prevention, control and | countermeasures plan must be posted at the site. |
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| E. In the event of excavation below the seasonal high water | table, a 300-foot separation must be maintained between the | limit of excavation and any predevelopment private drinking | water supply and a 1000-foot separation must be maintained | between the limit of excavation and any public drinking | water source or area previously designated for potential use | as a public drinking water source by a municipality or | private water company. |
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| The department may grant a variance from the provisions of | paragraph C upon consultation with the person or entity that | controls the public drinking water supply affected by the | excavation. The department may not grant a waiver from the | provisions of paragraph A, B or D. |
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| Excavation below the seasonal high water table of an area | previously designated for potential use as a public drinking | water source by a municipality or private water company is | prohibited. The department may grant a variance allowing | excavation below the seasonal high water table if the applicant | demonstrates that the yield of groundwater flow to protected | waters or wetlands or public drinking water sources or private | drinking water supplies will not be adversely affected by the | excavation. |
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| In the event of excavation below the seasonal high water table, | the operator of a mining activity that affects by excavation | activities a public drinking water source or private drinking | water supply by contamination, interruption or diminution must | restore or replace the affected water supply with an alternate | source of water, adequate in quantity and quality for the purpose | served by the supply. This provision is not intended to replace | any independent action that a person may have whose water supply | is affected by a mining activity. |
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