Section 096-200-9-37 - Pre-application water quality evaluation planAs part of the mandatory preapplication process, prior to submission of an exclusion application pursuant to Section 38 of this Subchapter, the applicant must submit a pre-application water quality sampling and testing plan to the Department for review and approval. The purpose of the pre-application water quality evaluation is to record the characteristics of groundwater and surface water in and near the proposed exclusion area prior to the submission of an exclusion application pursuant to Section 38 of this Subchapter. The pre-application water quality evaluation plan may include sampling, measurements, and testing completed prior to the preapplication process. The submission of pre-application water quality evaluation plans for review, and the Department's review and approval or rejection of such plans, are not subject to Chapter 2 of the Department's Rules and are not final licensing decisions. Pre-application water quality evaluation plans must include but are not limited to:
A. Hydrologic information. The plan must include available information on hydrology, including waterbodies, and available information about groundwater depths or flow paths.B. Sampling locations and schedule. The plan must include the locations from which surface water samples, groundwater samples, and water table elevation measurements will be taken, the planned sampling schedule, and a justification for the sampling sites and timing chosen. Sampling must include, but is not limited to, the following:(1) Groundwater: (a) A minimum of three groundwater monitoring wells, including one upgradient and one downgradient from the exclusion area; and(b) Water table elevation measurements from each groundwater monitoring location every other week during April, May, and June, and once in September, December, and March for a full year, unless the Department determines that a different frequency or timing is more appropriate; and(c) Groundwater quality sampling and testing on a quarterly basis for a full year, unless the Department determines that a different frequency is more appropriate.(2) Surface water: samples from each waterbody within the exclusion area and adjacent waterbodies on a quarterly basis for a full year, unless the Department determines that a different frequency is more appropriate.C. Testing. The plan must include a description of water quality testing to be performed on the groundwater and surface water samples. For any analysis subject to 22 M.R.S. §567, the analysis must be performed by a certified laboratory. Testing must include: (1) Groundwater testing. Samples must be tested for iron, manganese, extractable petroleum hydrocarbons (EPH), volatile petroleum hydrocarbons (VPH), pH, alkalinity, specific conductance, perfluoroalkyl and polyfloroalkyl substances (PFAS), and any other biological or chemical components of concern or interest to the Department, which may include, but are not limited to fluoride, arsenic, uranium, lead, and lithium.(2) Surface water testing. Samples must be tested for pH, alkalinity, specific conductance, dissolved oxygen, temperature, perfluoroalkyl and polyfloroalkyl substances (PFAS), and any other biological or chemical components of concern or interest to the Department, which may include, but are not limited to phosphorous, fluoride, iron, manganese, arsenic, uranium, lead, and lithium.06-096 C.M.R. ch. 200, § 9-37