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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. |
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| | Sec. 11. 38 MRSA §490-Z, sub-§3, as enacted by PL 1995, c. 700, §35, | is amended to read: |
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| | 3. Groundwater protection. To ensure adequate groundwater | protection, the following setback requirements must be met. |
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| 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. |
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| 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. |
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| C. Separation must be maintained between an excavation and | a public drinking water source as follows: |
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| (1) For systems serving a population of 500 persons or | less, the minimum separation must be 300 feet; |
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| (2) For systems serving a population of 501 persons up | to 1,000 persons, the separation must be 500 feet; |
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| (3) For systems serving a population of more than | 1,000 persons, the separation must be 1,000 feet; and |
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| (4) For any system that holds a valid filtration | waiver in accordance with the federal Safe Drinking | 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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