An Act To Clarify A Municipality's Authority To Pass Ordinances That Govern the Extraction of Groundwater
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2660-A, sub-§6 is enacted to read:
6. Municipal ordinances. Nothing in this section limits the authority of a municipality to adopt an ordinance pursuant to Title 30-A, section 3013 regulating the extraction of groundwater within the municipality, even if the requirements of the ordinance are more stringent than the requirements of this section.
Sec. 2. 30-A MRSA §3013 is enacted to read:
§ 3013. Ordinances relating to groundwater extraction
1. Ordinances. In accordance with the provisions of this chapter, a municipality may adopt an ordinance that regulates the extraction of groundwater within the municipality to protect the health, safety and welfare of the residents of the municipality and to protect the natural resources in the municipality. Nothing in Title 22 or Title 38 limits the authority of a municipality to adopt an ordinance pursuant to this section, even if the requirements of the ordinance are more stringent than the requirements of Title 22 or Title 38.
2. Enforcement. Ordinances adopted pursuant to this section to regulate the extraction of goundwater may be enforced in accordance with the provisions of this chapter.
Sec. 3. 38 MRSA §480-C, sub-§4, as enacted by PL 2007, c. 399, §11, is amended to read:
4. Significant groundwater well. A person may not perform or cause to be performed the establishment or operation of a significant groundwater well without first obtaining a permit from the department. Nothing in this subsection limits the authority of a municipality to adopt an ordinance pursuant to Title 30-A, section 3013 regulating the extraction of groundwater within the municipality, even if the requirements of the ordinance are more stringent than the requirements of this section.
summary
This bill authorizes municipalities to adopt ordinances regulating groundwater extraction and makes it clear that the laws regarding the transport of water and the establishment of significant groundwater wells do not limit the authority of a municipality to adopt a groundwater extraction ordinance that is more stringent than state law.