CHAPTER 121
H.P. 380 - L.D. 491
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2660-A, sub-§3, as amended by PL 1997, c. 587, §2, is repealed and the following enacted in its place:
3. Appeal. The commissioner, after consultation with the Public Utilities Commission, the Department of Environmental Protection and the State Geologist, may authorize transport of water for commercial purposes if the commissioner finds that:
A. Transport of the water will not constitute a threat to public health, safety or welfare;
B. Water is not available naturally in the location to which it will be transported;
C. Failure to authorize transport of the water would create a substantial hardship to the potential recipient of the water; and
D. For a source not otherwise permitted by the Department of Environmental Protection, the water withdrawal will not adversely affect existing uses of groundwater or surface water resources, including private wells.
Any authorization under this subsection is for a period not to exceed 3 years but may be renewed subject to the same criteria. The department may adopt rules necessary for the implementation of this subsection. The rules may include imposition of a fee to cover the costs of providing permits, including any impact studies required by the department. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Effective September 13, 2003, unless otherwise indicated.
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