Section 096-587-1 - ApplicabilityThe requirements established herein apply towithdrawals or other direct or indirect removal, diversion, activities, or use of these waters that causes the natural flow or water level to be altered for all non-tidal fresh surface waters of the State. Notwithstanding this, the flows and water levels established in this chapter do not apply to the following circumstances.
A.Public emergency. Alteration of flow or water level for the purpose of protecting public health, safety, and welfare due to a sudden catastrophic event, such as for fire control. This includes water withdrawals for emergency preparedness.B.Storage ponds. Ponds constructed outside of a natural stream channel for the purpose of storing water for later use, such as irrigation or snowmaking, or other man-made ponds not classified GPA under 38 M.R.S.A. Section465-A.C. Nonconsumptive use. Nonconsumptive use of water is defined in 38 M.R.S.A. Section470-A. Notwithstanding this, an existing (as of the effective date of this chapter) point of return flow to contiguous water greater than 1/14 mile from the point of withdrawal and that otherwise meets the definition of nonconsumptive use in 38 M.R.S.A. Section470-A, is also deemed to be a nonconsumptive use. For the purposes of this chapter, non-consumptive use is determined to have no measurable effect on flows or water levels. Flows in the segment between a point of withdrawal and a downstream point of return must be sufficient to maintain all other water quality standards, including all designated uses and characteristics of the assigned classification. Activities that constitute a nonconsumptive use may occur during all flow and water level conditions.D.Existing Community Water Systems operating with a Community Water System Withdrawal Certificate. Except as provided herein, Community Water Systems must comply with the applicable flow and water level requirements established in sections 4, 5, 6, 7 or 8 of this chapter. Notwithstanding this, and for the purpose of any enforcement action under this chapter, these requirements will not apply to an existing Community Water System operating within its system design capacity providing that (1) the Community Water System, so operating, cannot attain the applicable requirements, and (2) the Community Water System has received, and is operating in accordance with, or is otherwise satisfying the requirements of, a Community Water System Withdrawal Certificate issued by the Department. A Community Water System Withdrawal Certificate will be issued by the Department to any existing Community Water System that demonstrates that it cannot operate at its system design capacity and attain the applicable flow or water level requirements of this chapter. Existing Community Water Systems are those systems that are operating and withdrawing water for customer use as of the effective date of this rule. A certificate shall allow withdrawals for Community Water Systems up to their system design capacity. A certificate may include appropriate conditions that take into account the economic and technical feasibility of maintaining, and restoring to the extent feasible, all water quality standards affected by the Community Water System, including all designated uses and characteristics of the assigned classification. Economic and technical feasibility shall consider the provisions of their Legislative charter or other authority, watershed protection benefits of the existing source, and the financial viability of the Community Water System provided that the conditions and limitations of the certificate can be accomplished within the existing Public Utilities Commission approved rate schedule(s) of the system or do not in and of themselves cause a Community Water System to request a rate increase to their customers. In implementing the conditions of a certificate, the Community Water System may choose to incorporate the cost of compliance into their long-range capital plan. Any conditions included in a Community Water System Withdrawal Certificate must be reviewed and approved by the Drinking Water Program at the Department of Health and Human Services with technical assistance from the Office of the Public Advocate on economic issues,before being issued by the Department of Environmental Protection, to assure they are economically affordable and technically feasible, and will not jeopardize the safety, dependability, or the financial viability of the Community Water System. All water quality standards, as well as flows and water levels established pursuant to this chapter, remain applicable to the waters affected by the Community Water System, and will be used to assess water quality in those waters for all other purposes. The intent of the certificate process shall be to accommodate needs of Community Water Systems while striving to move towards achievement of water quality standards. The Department may issue an amended Community Water System Withdrawal Certificate for an existing Community Water System planning a new or modified source that increases its system design capacity. Any amended certificate shall contain conditions ensuring that all water quality standards affected by the Community Water System, including designated uses and characteristics of the assigned classification, shall be maintained, or improved to the extent economically affordable and technically feasible if they were not previously in attainment. Any conditions included in an amended Community Water System Withdrawal Certificate must be reviewed and approved by the Drinking Water Program at the Department of Health and Human Services with technical assistance from the Office of the Public Advocate on economic issues,before being issued by the Department of Environmental Protection to assure they are economically affordable and technically feasible, and will not jeopardize the safety, dependability, or the financial viability of the Community Water System.
06- 096 C.M.R. ch. 587, § 1