Section 096-375-7 - No Unreasonable Adverse Effect on Ground Water QualityA.Preamble. The Department recognizes the importance of protecting ground water resources in order to promote the future health, safety, and welfare of the citizens of Maine through the maintenance of an adequate supply of safe drinking water.B.Scope of Review. In determining whether the proposed development will have an unreasonable adverse effect on ground water quality, the Department shall consider all relevant evidence to that effect, such as evidence that: (1) The development will not result in the existing ground water quality becoming inferior to the physical, biological, chemical, and radiological levels for raw and untreated drinking water supply sources specified in the Maine State Drinking Water Regulations, pursuant to 22 M.R.S.A. Section601. If the existing ground water quality is inferior to the State Drinking Water Regulations, the developer will not degrade the water quality any further.C.Rebuttable Presumption Against Disposal of Waste in Certain Areas. The Department operates under the rebuttable presumption that the storage and/or disposal of solid wastes, hazardous wastes, and leachable or liquid wastes, including petroleum products and septage, pose serious threats to public health, safety, and welfare through the potential pollution of the ground water when such storage and/or disposal occurs on or above sand and gravel aquifers or the recharge areas of sand and gravel aquifers. NOTE: Maps of sand and gravel aquifers and their recharge areas are available for portions of the state from the Bureau of Geology, Department of Conservation, Augusta.
(1) An applicant seeking approval for a development which involves one or more of the activities specified above, must overcome this presumption by persuasive evidence that the development is unique in some way that allows for compliance with the intent of this subsection.D.Submissions. Applications for approval of proposed developments shall include evidence that affirmatively demonstrates that there will be no unreasonable adverse effect on ground water quality, including information such as the following, when appropriate: (1) A comprehensive list, including physical and chemical characteristics and projected quantities of wastes to be disposed of or stored within the proposed development which may potentially contaminate the ground water.(2) Methods for preventing ground water pollution as the result of the disposal and/or storage of wastes.(3) An evaluation of the geological, hydrologic, and soils conditions of the development site.(4) Data establishing background ground water quality.(5) Proposed plan of action, and alternatives, to be followed in the event the proposed development results in ground water contamination.E.Terms and Conditions. The Department may, as a term or condition of approval, establish any reasonable requirement to ensure that the proposed development will have no unreasonable adverse effect on ground water quality, such as requiring that: (1) A ground water monitoring program be established and reports be filed with the Department at designated intervals.(2) Specified wastes not be disposed of or stored within the proposed development.06- 096 C.M.R. ch. 375, § 7