LD 1506
pg. 7
Page 6 of 13 An Act To Update the Laws Governing Borrow Pits and Quarries Page 8 of 13
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LR 585
Item 1

 
Water Act, 42 United States Code, Sections 300f to 300j-
26 (1988), the separation must be 1,000 feet.

 
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.

 
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.

 
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.

 
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.

 
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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