06- 096 C.M.R. ch. 375, § 18

Current through 2024-51, December 18, 2024

Section 096-375-18 - Adequate Provision for Securing and Maintaining Sufficient and Healthful Water Supplies

A.Standard. The applicant shall make adequate provision for securing and maintaining a sufficient and healthful water supply for the proposed development.

B.Submissions. The application for approval of a proposed development shall include evidence that affirmatively demonstrates that the applicant has made adequate provision for securing and maintaining a sufficient and healthful water supply, including, but not limited to, the following information:

(1) A letter from the appropriate utility or water district that a sufficient- and healthful water supply exists and may be utilized by the development.

(2) If water is to be supplied on-site, a letter from a geologist or well driller knowledgeable about the area where the development is proposed to be located that a sufficient and healthful water supply is likely to be available.

(a) If there is reasonable doubt that a sufficient and healthful water supply can be provided by means of on-site wells, the following may be required:

(i) water from wells located in close proximity to the development site be tested for potability; and/or

(ii) a test well be dug or drilled on the development site and a report prepared indicating the volume and potability of water obtained from the well.

(3) If water supply and sewage disposal are to be handled on-site, and if lots are less than 2 acres in size, identification of the location of wells and on-site sewage disposal systems for each lot. The separation distance between wells and on-site sewage disposal areas shall be at least the minimum distance established in the Subsurface Wastewater Disposal Rules, 10-144 CMR 241.

(4) If water is to be provided by a common source:

(a) evidence that there will be sufficient water to serve the development;

(b) evidence that the common water supply system will be constructed in conformance with the Maine Drinking Water Regulations, authorized by 22 M.R.S. Chapter 601; and

(b) evidence that adequate provision has been made for the establishment of a mechanism to ensure proper operation and maintenance of the water supply system.

(5) Indicate the total anticipated water usage (daily or annual) by the proposed development, including the amount of non-potable water to be used for dust control during construction.

C.Terms and Conditions. The Department may, as a term or condition of approval, establish any reasonable requirement to ensure the adequate provision of a sufficient and healthful water supply, such as requirements that:

(1) One or more central wells be installed with adequate water for the development.

(2) An applicant arrange for adequate water service with a local utility or water district, or provide an adequate off-site common well, in cases where the Department determines that on-site water supplies may not be adequate.

(3) The location of wells and on-site sewage disposal areas be established by deed conditions.

06- 096 C.M.R. ch. 375, § 18