06-096-200 Me. Code R. § 1-2

Current through 2024-51, December 18, 2024

Section 096-200-1-2 - Definitions

A.Acid Potential. "Acid potential" or "acid generating potential" means the ability of a rock or geologic material to produce acid leachates.

B.Acid Rock Drainage. "Acid rock drainage" means the drainage that occurs as a result of oxidation of sulfide minerals contained in rock which is exposed to air and water.

C.Act. "Act" means the Maine Metallic Mineral Mining Act at 38 M.R.S. §490-LL et seq.

D.Active Treatment System. "Active treatment system" or "active treatment" means a system that treats water or wastewater with the active addition of chemical reagents or the application of external energy. Active treatment does not include periodic inspections and routine maintenance such as the mowing of vegetation.

D-1.Actively Mined Area. "Actively mined area" means the area that is actively used for the physical extraction of metallic minerals and not yet reclaimed. "Actively mined area" does not include areas where metallic minerals or extracted material are stockpiled or stored; areas where extracted material is crushed, ground, or physically sorted; areas that include buildings or other structures relating to or supporting mining activities; or access roads, parking lots, or other related infrastructure.

E.Administratively Complete. "Administratively complete" means an application for a mining permit under this Chapter that is determined by the Department to contain all of the documents and information required to initiate processing under this Chapter.

F.Advanced Exploration. "Advanced exploration" or "advanced exploration activity" means any metallic mineral bulk sampling or exploratory activity that exceeds those activities that are exploration activities, but removes 10,000 tons or less of mine waste. Samples taken as part of "exploration" are not considered bulk sampling.

G.Advanced Exploration Mining Permit. "Advanced exploration mining permit" means a mining permit to conduct metallic mineral advanced exploration activities.

H.Advanced Exploration Site. "Advanced exploration site" means the area and facilities within which advanced exploration or activities incidental to it occur, or may reasonably be expected to occur.

I.Adverse Impact or Adverse Effect. "Adverse impact" or "adverse effect" means an unreasonable impact or effect on the associated attribute, as determined by the Department based on an evaluation of information that considers the value of the resource and the degree of impact or effect, on an associated existing attribute such as environment, scenic character, natural resource, or public health and safety.

J.Affected Area. "Affected area" means an area outside of a mining area where the land surface, surface water, groundwater, air resources, soils, or existing uses are potentially affected by mining operations as determined through an environmental impact assessment.

K.Air Contaminants. "Air contaminants" or "air contaminant" includes, but is not limited to dust, fumes, gas, mist, particulate matter, smoke, vapor, or any combination thereof.

L.Applicant. "Applicant" means any person who applies to the Department for a mining permit.

M.Approved Suspension. "Approved suspension" means a temporary suspension of mining issued pursuant to section 29 of this Chapter and approved in writing by the Department.

N.Aquifer. "Aquifer" means a geologic formation composed of rock or sand and gravel that stores and transmits significant quantities of recoverable water as identified by the Division of Geology, Natural Areas and Coastal Resources, Maine Geological Survey within the Department of Agriculture, Conservation and Forestry.

O.Assurance Instrument. "Assurance instrument" means a financial instrument executed in favor of the Department in a form approved by the Department and which is insured by an agency of the United States government or whose letter of credit operations are overseen or are regulated and examined by a federal or state agency.

P.Baseline Conditions. "Baseline conditions" or "baseline site conditions" means pre-mining conditions for a specific location and shall include, but not be limited to characterization of the following resources: wildlife; surface water and groundwater quality and quantity; vegetation, including the presence or absence or rare, threatened or endangered species; and air quality.

Q.Beneficiation. "Beneficiation" means the treatment of ore to liberate or concentrate its valuable constituents. "Beneficiation" includes, but is not limited to, crushing, grinding, washing, dissolution, crystallization, filtration, sorting, sizing, drying, sintering, pelletizing, briquetting, calcining, roasting in preparation for leaching to produce a final or intermediate product that does not undergo further beneficiation or processing, gravity concentration, magnetic separation, electrostatic separation, flotation, ion exchange, solvent extraction, electrowinning, precipitation, amalgamation, and dump, vat, tank and in situ leaching.

R.Blasting. "Blasting" means the use of explosives to break up or otherwise aid in the extraction or removal of a rock or other consolidated natural formation.

S.Block Caving. "Block caving" is an underground hard rock mining method that involves undermining an ore body and allowing it to progressively collapse under its own weight. In block caving, a large section of rock is undercut, creating an artificial cavern that fills with its own rubble as it collapses. This broken ore falls into a pre-constructed series of funnels and access tunnels underneath the broken ore mass.

T.Board. "Board" means the Board of Environmental Protection.

U.Buffer. "Buffer" means actions or structures used to separate, shield, screen, or lessen the effect of the mine operation on the surrounding area by reducing noise or dust, improving aesthetics, controlling stormwater, and protecting the public health, safety, and welfare.

V.Bulk Sampling. "Bulk sampling" means the removal of samples for the purpose of testing to determine the feasibility, method, or manner of extraction and/or processing of metallic minerals. Such testing may include milling or grinding tests and/or pilot plant and processing tests. Methods of bulk sampling may include, but are not limited to, drilling and boring, digging of shafts and tunnels, or digging of pits and trenches. For purposes of this Chapter, bulk sampling of metallic mineral deposits is included in advanced exploration and is limited to the removal of no more than 10,000 tons of mine waste.

V-1.Cement. "Cement" means any of the various calcined mixtures of clay and limestone that can be mixed with water and used as an ingredient in making mortar or concrete.

W.Closure. "Closure" means activities undertaken to manage a mining area and, if necessary, an affected area, pursuant to the mine plan approved by the Department. "Closure" includes, but is not limited to, actions taken to contain metallic mineral wastes on site and to ensure the integrity of waste management structures and the permanent securement of pits, shafts, and underground workings.

X.Coastal Wetlands. "Coastal wetlands" means all tidal and subtidal lands; all areas with vegetation present that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat; and any swamp, marsh, bog, beach, flat, or other contiguous lowland that is subject to tidal action during the highest tide level for the year in which an activity is proposed, as identified in tide tables published by the National Ocean Service. Coastal wetlands may include portions of coastal sand dunes.

Y.Commencement of construction. "Commencement of construction" means that a Permittee or other person has physically altered a mining area or proposed mining area including, but not limited to, the clearing of trees and other vegetation, site preparation work, bulk sampling, and the construction of roads and other infrastructure upgrades.

Z.Commissioner. "Commissioner" means the Commissioner of the Maine Department of Environmental Protection.

AA.Containment Structure. "Containment structure" is an engineered structure or system designed to prevent the release of materials or substances from a designated area. Containment structures may be utilized to prevent releases from a variety of stored materials including, but not limited to overburden, ore, tailings and hazardous substances. Hazardous substances must be stored in accordance with the federal Resource Conservation Recovery Act (RCRA) and state laws and regulations.

BB.Contamination

(1) As applied to groundwater, "contamination" means nonattainment of water quality standards, the cause of which is attributable to a mining operation, as:

(a) Specified in rules relating to primary drinking water standards adopted pursuant to 22 M.R.S. §2611; or

(b) Demonstrated by a statistically significant change in measured parameters that indicates deterioration of water quality determined through assessment monitoring.

(2) As applied to surface water, "contamination" means a condition created by any direct or indirect discharge that causes or contributes to nonattainment of applicable water quality or licensing standards under 38 M.R.S. §§414-A or 420. The nonattainment may be attributable to the mining operation either by itself or in combination with other discharges.

CC.Contemporaneous Reclamation. "Contemporaneous reclamation" means mining in a manner that creates areas that can be reclaimed continuously and as soon as practicable after the commencement of construction and throughout the life of the operation as described in the mine plan.

DD.Contingency Plan. "Contingency plan" means the contingency plan required by subsection 9(K) of this Chapter for all permit applications and mining operations.

EE.Corrective Action. "Corrective action" means action taken by the Permittee to correct a violation or to meet a performance requirement in a mining permit or advanced exploration mining permit, or other applicable rule or law.

FF.Cumulative Impact. "Cumulative impact" means the environmental impacts that result from the proposed mining activities when added to other past, present, and reasonably foreseeable future activities.

GG.Department. "Department" means the Maine Department of Environmental Protection.

HH.Designated Chemical Materials. "Designated chemical materials" means toxic or acidic chemicals used within the mining area in extractive metallurgical processing, the use of which, at certain concentrations, represents a potential threat to human health, property, or the environment.

II.Drilling. "Drilling" means the making of holes with a drill for exploration, development of a metallic mineral deposit, evaluating water quality, or collecting hydrogeological and geotechnical data.

JJ.Drill Hole. "Drill hole" means the cavity created by drilling.

KK.Dry Stack Tailings Management. "Dry stack tailings management" means the process of disposing of dewatered, compacted mine tailings into a freestanding, stable structure on an area with an impervious liner designed to shed water to a water collection and treatment system.

LL.Endangered or Threatened Species. "Endangered or threatened species" means any species of fish or wildlife designated as endangered or threatened under 12 M.R.S. §12803 or the federal Endangered Species Act.

MM.Environmental Protection, Reclamation and Closure Plan. "Environmental protection, reclamation and closure plan" means the portion of the mine plan that relates to the environmental protection, reclamation and closure activities required by subsection 9(I) of this Chapter for all permit applications and mining operations.

NN.Event of Force Majeure."Event of Force Majeure" means an event beyond the control of the Department and the Permittee, including but not limited to:

(1) An act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);

(2) War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo;

(3) Rebellion, revolution, insurrection, or military or usurped power, or civil war;

(4) Riot, commotion, strikes, go slows, lock outs, or disorder; or

(5) Acts or threats of terrorism.

NN-1.Exclusion Area. "Exclusion area" means an area in which physical extraction, crushing, grinding, physical sorting, and storage of metallic minerals is excluded from the requirements of this chapter based on an affirmative determination by the Department under Subchapter 9.

OO.Exploration. "Exploration" or "exploration activity" means activities conducted in accordance with this Chapter for the purpose of determining the location, extent, and composition of metallic mineral deposits, test boring, test drilling, hand sampling, the digging of test pits, trenching or outcrop stripping for the removal of overburden having a maximum surface opening of 300 square feet per test pit or trench, or other test sampling methods determined by the Department to cause minimal disturbance of soil and vegetative cover.

PP.Exploration Site. "Exploration site" means the area within which exploration or activities incidental thereto occur, or may reasonably be expected to occur.

QQ.Financial Assurance. "Financial assurance" means an assurance instrument or statement of financial responsibility provided by an Applicant or Permittee to ensure compliance with the Act, this Chapter, mining permit conditions, instructions, or orders of the Department.

RR.Financial Interest. "Financial interest" means:

(1) If the Applicant is a business entity:

(a) any officers, directors and partners;

(b) all other persons or business concerns having managerial or executive authority over the Applicant or Permittee and holding more than 5 percent of the equity in or debt of that business unless the debt is held by a chartered lending institution;

(c) all other persons or business concerns other than a chartered lending institution holding 25 percent or greater of the equity in or debt of that business unless the debt is held by a chartered lending institution; and

(d) the managerial person with operational responsibility for the facility; or

(2) If the Applicant is a public entity, all persons having managerial or executive authority over the mining operation.

SS.Floodplain. "Floodplain" or "floodplain wetland" means lands adjacent to a river, stream, or brook that are inundated with floodwater during a 100-year flood event and that under normal circumstances support a prevalence of wetland vegetation typically adapted for life in saturated soils.

TT.Groundwater. "Groundwater" means all the waters found beneath the surface of the earth which are contained within or under this State or any portion thereof, except such waters as are confined and retained completely upon the property of one person and do not drain into or connect with any other waters of the State.

UU.Groundwater Basin. "Groundwater basin" is the underground volume of an aquifer or aquifer system that is separated and defined by geologic or hydrologic boundaries.

VV.Group A Waste. "Group A waste" means a mine waste having an acid-generation potential or exhibiting a characteristic of hazardous waste as defined in 06-096 C.M.R. ch. 850.

WW.Group B Waste. "Group B waste" means a mine waste having no acid-generation potential that may release soluble pollutants at concentrations which exceed performance requirements for groundwater or surface water.

XX.Group C Waste. "Group C waste" means a mine waste that does not have the potential to violate water quality standards other than sedimentation or turbidity.

YY.Heap or Percolation Leaching. "Heap or percolation leaching" means a process used for the primary purpose of recovering metallic minerals in an outdoor environment from a stockpile of crushed or excavated ore by percolating water or a solution through the ore and collecting the leachate.

ZZ.Historic Site. "Historic site" means any site listed in the National Register of Historic Places or judged eligible for national register listing by the Maine Historic Preservation Commission.

AAA.Intervenor. "Intervenor" or "general intervenor" means a person who, in accordance with the Maine Administrative Procedure Act, 5 M.R.S. §§9054(1) and (2), and Department rules governing hearings, has been granted leave to participate as a party in a license application or appeal proceeding where a decision has been made to hold a hearing.

BBB.Lean Ore. "Lean ore" means rock containing metallic mineralization that is not profitable to process using technologies that exist at the mining operation.

CCC.Life of Mine. "Life of mine" means the period from issuance of a mining permit through post-closure of the mine.

DDD.Metallic Mineral. "Metallic mineral" means any mineral, ore or excavated material that has metal or a metalloid element as its economically valuable constituent, regardless of the chemical end product of the metal or metalloid element.

EEE.Metallic Mineral Operator. "Metallic mineral operator" means a Permittee or other person who is engaged in, or who is preparing to engage in, mining operations for metallic minerals, whether individually or jointly or through agents, employees, or contractors.

FFF.Metal Leaching. "Metal leaching" means the dissolution and removal of metals and metalloids as a result of chemical processes commonly associated with minerals containing sulfides.

GGG.Metallic Product. "Metallic product" means a commercially salable mineral or metal produced primarily for its metallic mineral content in its final marketable form or state.

HHH.Mine Plan. "Mine plan" means all aspects of the plan to develop a mine including, but not limited to, siting, design, development, operation, reclamation, closure, post-closure, and corrective action activities throughout the life of a mine.

III.Mine Shaft. "Mine shaft" means a vertical, inclined or horizontal excavation, including all underground workings, with a surface opening not exceeding 1,000 square feet.

JJJ.Mine Waste. "Mine waste" means all material, including, but not limited to, overburden, rock, lean ore, leached ore, or tailings, that in the process of mining and beneficiation has been exposed or removed from the earth during advanced exploration and mining activities.

KKK.Mine Waste Unit. "Mine waste unit" means any land area, structure, location, equipment, or combination thereof on or in which mine wastes are managed. A structure or area of land does not become a mine waste unit solely because it is used to store nonreactive mine wastes generated on the site, such as soil or overburden, for 90 days or less.

LLL.Mine Workings. "Mine workings" means the system of pits, shafts and underground workings in a mine.

MMM.Mining. "Mining," "mining operation," or "mining activity" means activities, facilities or processes necessary for the extraction or removal of metallic minerals or overburden or for the preparation, washing, cleaning or other treatment of metallic minerals and includes the bulk sampling, advanced exploration, extraction or beneficiation of metallic minerals as well as waste storage and other stockpiles and reclamation activities, but does not include exploration or any of the following activities:

(1) The physical extraction, crushing, grinding, physical sorting, storage or heating of calcium carbonate or limestone to produce cement when such activity is subject to Title 38, Chapter 3, Article 6, Title 38, Chapter 3, Article 8-A or Title 12, Chapter 206-A or when such activity covers one acre or less of surface area in total;

(2) The exploration for or physical extraction, crushing, grinding, physical sorting or storage of borrow, topsoil, clay or silt when such activity is subject to Title 38, Chapter 3, Article 7 or Title 12, Chapter 206-A or when such activity covers 5 acres or less of surface area in total;

(3) The exploration for or physical extraction, crushing, grinding, physical sorting or storage of gemstones, aggregate, dimension stone or other construction materials from a quarry that is subject to Title 38, Chapter 3, Article 8-A or Title 12, Chapter 206-A or when such activity covers one acre or less of surface area in total; and

(4) The exploration for or physical extraction, crushing, grinding, physical sorting or storage of any other metallic minerals when such activity has been excluded from the requirements of this article pursuant to a determination made by the Department under Subchapter 9.

NNN.Mining Area. "Mining area," or "metallic mineral mining area" means an area of land described in a permit application and approved by the Department, including, but not limited to, land from which earth material is removed in connection with mining, the lands on which material from that mining is stored or deposited, the lands on which beneficiating or treatment facilities, including groundwater and surface water management treatment systems, are located, or the lands on which water reservoirs used in a mining operation are located. Each mining activity or operation shall establish a separate mining area. The Applicant shall propose, and the Department shall approve the location and extent of each mining area.

OOO.Mining Permit. "Mining permit" means a permit issued pursuant to 38 M.R.S. §490-LLet seq. and this Chapter for conducting advanced exploration or mining operations.

PPP.Monitoring. "Monitoring" means activities including, but not limited to, observation, sampling, collection, analysis, recording, and reporting necessary for siting, development, operation, corrective action, suspension of operation, closure, or post-closure activities or to demonstrate compliance with a mining permit including any special permit conditions and approved plans. The Department shall approve the quality assurance plans for all monitoring activities.

QQQ.Municipal or County Commissioner Intervenor. "Municipal or County Commissioner Intervenor" means an intervenor status granted to the municipal officers, or their designees, from each municipality in which the mining area or affected area may be located, or in the unorganized territory, the county commissioners, or their designees, for each county in which the mining area or affected area may be located pursuant to 38 M.R.S. §490(OO)(6)(D).

RRR.Open-Pit Mining. "Open-pit mining" means, for any single mining operation permitted under 38 M.R.S. §490-LLet seq. and this Chapter, the process of mining a metallic mineral deposit by use of surface pits or excavations having greater than 3 acres of surface area in aggregate or by means of a surface pit excavated using one or more horizontal benches.

SSS.Ore. "Ore" means rock containing sufficient metallic mineralization to process using technologies that exist at the mining operation.

TTT.Overburden. "Overburden" means soil, rock or other materials which lie above or between the natural mineral deposits to be mined.

UUU.Passive Treatment System. "Passive treatment system" means the process of removing metals or acidity or both, through the use of chemical, biological, and physical removal processes that occur naturally in the environment such as topographical gradient, microbial metabolic energy, photosynthesis and chemical energy that do not require power or chemicals after construction and operates successfully over its design life with regular but infrequent maintenance.

VVV.Performance-Based Standards. " Performance-based standards" means a regulatory approach that establishes defined results and measurable outcomes without specific direction regarding how those results are to be obtained.

WWW.Permittee. "Permittee" means a person to whom a mining permit is issued.

XXX.Perpetual Treatment. "Perpetual treatment" means active treatment for more than 10 years post-closure.

YYY.Person. "Person" means an individual, firm, partnership, association, company, limited liability company, corporation, joint venture, municipality, state agency, federal agency, or other legal entity.

ZZZ.Post-closure Maintenance. "Post-closure maintenance" means an activity that may be required to sustain reclamation after cessation of a mining operation, as well as all activities undertaken at a closed mine waste unit, to maintain the integrity of containment features and to monitor compliance with applicable performance standards and permit conditions.

AAAA.Post-closure Monitoring Period. "Post-closure monitoring period" means a period following closure during which a Permittee is required to conduct monitoring of groundwater and surface water and other monitoring as specified in a mining permit.

BBBB.Practicable. "Practicable" means available and capable of being implemented after taking into consideration cost, existing technology, and logistics in light of overall project purposes.

CCCC.Probable Maximum Flood. "Probable maximum flood" means the largest flood that may reasonably be expected to occur at a given point on a stream from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible on a particular watershed. This term identifies estimates of hypothetical flood characteristics (peak discharge, volume, and hydrograph shape) that are considered to be the most severe that are reasonably possible at a particular location, based on comprehensive hydrometeorological analyses of critical runoff-producing precipitation (and snowmelt, if pertinent) and hydrologic factors favorable for maximum flood runoff.

DDDD.Protected Location. The locations described in 06-096 C.M.R. ch. 375, §10(G)(16) constitute protected locations.

EEEE.Qualified Professional. "Qualified professional" or "qualified person" means a scientist, engineer, or professional in a technical discipline with sufficient training and experience to enable the individual to make sound professional judgments regarding conducting technical analyses or regarding the design, construction, and operation of regulated units and ancillary structures who, if accreditation is the norm in the profession, is accredited in the State of Maine, or subject to review and approval by the Department, is accredited in another jurisdiction.

FFFF.Reactive Mine Waste."Reactive mine waste" means any natural geologic formation or mined material that, when exposed to air and water, may develop acid rock drainage, or any other natural geologic or mined material that is shown through characterization studies to release substances that may adversely impact natural resources and the environment.

GGGG.Reclamation. "Reclamation" or "reclamation operation" means the rehabilitation of a mining area, affected area, and any other area of land or water body affected by mining under a mine plan approved by the Department. "Reclamation" includes, but is not limited to, stabilization of slopes, creation of safety benches, planting of forests, seeding of grasses and legumes for grazing purposes, planting of crops for harvest, and enhancement of wildlife and aquatic resources.

HHHH.Related Person. "Related person" means any person with a financial interest in a proposed mining operation.

IIII.Remediation. "Remediation" means the cleanup, removal or containment of contaminants or contamination within a mining area or an affected area. Remediation may include, but is not limited to, removing contaminants or contamination, containing or treating waste on site, and identifying and removing sources of groundwater contamination and halting further migration of contaminants.

JJJJ.Responsible Officer. "Responsible officer" means:

(1) A person holding a principal executive position in a corporation as established by the charter or by-laws of the corporation;

(2) A general partner or the proprietor, as appropriate, of a partnership or sole proprietorship; or

(3) A principal executive officer or ranking elected official of a municipal, state, federal, or other public agency.

KKKK.Storage Pile. "Storage pile" means a manmade landform used for the temporary storage of material generated during mining, such as overburden, waste rock, lean ore, ore, or topsoil, provided that these materials have an identified final destination in the facility's mine plan or are part of the materials to be processed through beneficiation.

LLLL.Statistically Significant Change. "Statistically significant change" is a change that is likely the result of causes other than random variation as determined by statistical testing methodologies.

MMMM.Surface Water Resources. "Surface water resources" are coastal and freshwater wetlands, great ponds, rivers, streams, and brooks as defined in 38 M.R.S. §480-B.

NNNN.Tailings. "Tailings" means the product resulting from the milling and mineral concentration process remaining after extraction of minerals by physical or chemical means.

OOOO.Tailings Impoundment. "Tailings impoundment" means a surface area, contained by dike or dams, on which is deposited the slurry of material that is separated from a metallic product in the beneficiation or treatment of minerals, including any surrounding dikes constructed to contain such material. "Tailings impoundment" does not include a lined surface area on which dewatered tailings are stacked.

PPPP.Topsoil. "Topsoil" means the material at the earth's surface which has been so modified and acted upon by physical, chemical, and biological agents that it will support rooted plants.

QQQQ.Underground Mine Openings. "Underground mine openings" or "mine openings" means all openings and voids in the earth created in the process of mining, during development, or operation of the site.

RRRR.Unusual Natural Area. "Unusual natural area" means any land or water area, usually only a few acres in size, which is undeveloped and which contains natural features of unusual geological, botanical, zoological, ecological, hydrological, other scientific, educational, scenic, or recreational significance. By way of illustration, and not limitation, these may include: rare or exemplary plant communities; individual plant species of unusual interest because of size, species or other reasons; unusual or exemplary bogs; unusually important wildlife habitats, particularly those of rare or endangered species; unusual land forms; fossils and other deposits of importance to geologists; outstanding scenic areas; and others of similar character.

SSSS.Upper and Lower Predictive Limits. "Upper and lower predictive limits" are the statistically determined bounds of the prediction interval which is an estimate of an interval where future observations will fall.

TTTT.Visual Resources. "Visual resources" means the composite of basic terrain, geologic features, hydrologic features, vegetative patterns, and land use effects that make up the scenic character of the site and the area surrounding the site, especially as viewed from a protected natural resource.

UUUU.Waste Rock. "Waste rock" means rock material removed to access the ore body that may or may not contain metallic mineralization, but that is not processed to extract metallic minerals.

VVVV.Watershed. "Watershed" means the land that drains, via overland flow, drainageways, waterbodies, or wetlands to a given waterbody or wetland.

WWWW.Waters of the State. "Waters of the State" means any and all surface and subsurface waters that are contained within, flow through, or under, or border upon this State, or any portion of the State, including the marginal and high seas, except such waters as are confined and retained completely upon the property of one person and do not drain into or connect with any other waters of the State, but not excluding waters susceptible to use in interstate or foreign commerce, or whose use, degradation or destruction would affect interstate or foreign commerce.

XXXX.Wellhead Protection Area. "Wellhead protection area" means a specific geographic area which is approved by the Department, and if applicable, the Department of Health and Human Services, as the surface and subsurface area surrounding a water well or well field that supplies a public water system and through which contaminants are reasonably likely to move toward and reach the water well or well field.

YYYY.Wet Mine Waste Unit. "Wet mine waste unit" means a mine waste unit in which mine wastes are placed under water to minimize sulfide oxidation, acid formation or particulate pollution.

06-096 C.M.R. ch. 200, § 1-2