[HISTORY: Adopted by the Town Meeting of the Town of Rumford 6-13-2017 (Ch. 55 of the 1952 Code).
Amendments noted where applicable.]
The purpose of the "Ordinance Governing the Large-Scale Extraction
of Groundwater by Aquifer-Dependent Industries from Aquifers within
the Town of Rumford, Maine" (this chapter) is to protect the quality
and quantity of groundwater located wholly or partially within the
Town of Rumford ("the Town"), to ensure that any large-scale water
extraction is subjected to prior review and approval so as to establish
the ongoing sustainability and quality of said water supplies and
the avoidance of any interruption or degradation of water quality
and quantity to members of the general public within the Town, and
generally to protect the health, safety and welfare of persons dependent
upon such water supplies.
This chapter is adopted and enacted pursuant to the Maine Constitution, Article VIII, Part Second, Section 1, 30-A M.R.S. § 3001 et seq. ("Municipal Home Rule"), and all other applicable state laws and Town ordinances.
Words and phrases, unless their context requires otherwise,
shall be defined as follows: first, as set forth below; second, in
accordance with their generally accepted technical meaning within
the involved scientific disciplines; third, as defined by Maine Statutes;
and fourth, their common dictionary definition.
An underground body of earth, sand, gravel, or rock that
contains sufficient saturated permeable material to conduct and yield
economically significant quantities of groundwater to wells and springs.
The term "aquifer" as used in this chapter includes all areas specifically
mapped or identified on Maine Geological Survey Significant Sand and
Gravel Aquifer Maps as groundwater aquifers.
A commercial or industrial water extraction facility and
water bottling facility that involves the extraction of groundwater
in an amount greater than 5,000 gallons in any day and is subject
to the provisions of 35-A M.R.S. § 6109-B. The term "aquifer-dependent
industry" as used in this chapter includes, but is not limited to,
accessory uses such as wells, springs, water storage tanks, water
treatment, packaging and shipping, piping, and pumping stations, and
all structures and utilities needed to house or accommodate such accessory
uses for the purpose of the resale of water outside the municipal
boundaries of Rumford.
Withdrawal, removal, diversion, taking, or collection by
any means of water from groundwater sources, aquifers, springs, wells,
pumps or similar.
The physical location where water is extracted, whether by
well, pump, pipeline, catchment, or other similar method.
Underground water located in an aquifer or unconsolidated
sediment or rock below the water table.
Extraction of water from groundwater sources, aquifers, springs,
wells or similar resources in a total daily amount on any given day
of 5,000 gallons or more, as extracted by the same individual or entity,
or consortium or association of individuals or entities, regardless
of the number of extraction facilities utilized, for the purpose of
the resale of water outside the municipal boundaries of Rumford.
Are used interchangeably in this chapter and have the same
meaning, all referring to the municipal officers (Board of Selectpersons)
of the Town of Rumford, Maine.
Lakes, ponds, river, streams, wetlands and similar.
The underground water surface at which the pressure is equal
to that of the atmosphere. The water table changes throughout the
year in response to precipitation recharge and the level of nearby
surface waters. The water table fluctuates naturally in response to
recharge by precipitation and discharge to surface water.
That area of an aquifer that contributes water to a well
or other extraction point under the most severe pumping and recharge
conditions that can be realistically anticipated (180 days of pumping
at approved yield with no recharge from precipitation). It is bounded
by the groundwater divides that result from pumping the well and by
the contact of the aquifer with less permeable materials such as till
or bedrock. In some cases, streams or lakes may act as recharge boundaries.
In all cases the zone of contribution shall extend up gradient to
its point of intersection with prevailing hydrogeologic boundaries
(a groundwater flow divide, a contact with till or bedrock, or a recharge
boundary).
A.
Permit required. The daily (meaning on any given day) extraction
of more than 5,000 gallons of groundwater by an aquifer-dependent
industry, regardless of the number of extraction facilities utilized,
shall require a written permit issued by the Board of Selectpersons
under this chapter, whose jurisdiction and authority shall be exclusive
with respect to the issuance or denial of any such permit, including
permit conditions pertaining to such extraction and/or transport of
water so extracted within the geographic limits of the Town of Rumford,
after public hearing and opportunity for public comment. This permit
can be issued for any area or areas within the Town of Rumford, subject
to other Town ordinances.
B.
Inapplicability. The requirement of review and approval under this
chapter shall not apply to extraction of water which is to be used
within the Town of Rumford for:
(1)
Standard
agricultural purposes;
(2)
Drinking
water and domestic water supply to private residences;
(3)
Public
facilities;
(4)
Fire
suppression; or
(5)
Any
other domestic, sanitary, commercial, and industrial purpose within
the Town of Rumford to the limit of historical use which exists as
of the date of the adoption of this chapter.
C.
Application requirements.
(1)
The application shall be in writing and be accompanied by site plans
prepared by a licensed surveyor, licensed engineer, or similar appropriately
licensed professional. Any application shall be accompanied by an
application fee payable to "Town of Rumford" for each proposed extraction
point, in accordance with the following schedule:
(2)
The application shall include:
(a)
Evidence of the applicant's right, title, and interest in and
to the property (properties) from which the water is to be extracted.
If such evidence is other than outright ownership and title as evidenced
by a deed duly recorded in the Oxford County Registry of Deeds, the
entire document/documentation (other than reference(s) to purchase
price and financing terms, which may be redacted) whether by lease,
option, contract, or otherwise establishing right, title, and interest
shall be submitted with the application.
(b)
A statement of the total maximum daily quantity of water to
be extracted, from all extraction points operated by the same individual
or entity, or consortium or association of individuals or entities.
(c)
The location(s) of the points of extraction.
(d)
The method(s) of extraction.
(e)
The proposed use for which the water is to be extracted, including
the identity of any end user of the extracted water whose facilities
for use, processing, transporting, storage, bottling, sales, or other
similar activities are located outside the Town of Rumford.
(f)
A copy of all required state and federal permit applications,
when filed, including, but not limited to, permit applications as
required by 22 M.R.S. § 2660-A (transport of water for commercial
purposes) and under applicable Department of Health and Human Services
and Department of Environmental Protection rules and regulations.
A copy of these applications will be submitted at least 30 days prior
to a public hearing being held by the Board of Selectpersons on the
application. Any approval by the Board shall include a condition requiring
compliance with all requirements of all required state and federal
permits.
[Amended 6-8-2021 by Ord.
No. 2021-02]
(g)
A written hydrogeologic investigation report stamped by a Maine-certified
geologist or Maine licensed professional engineer. The report shall
be based on a hydrogeologic investigation of sufficient detail to
provide the following information:
[Amended 6-8-2021 by Ord.
No. 2021-02]
[1]
A map of the entire topographic drainage basin upgradient of
the water extraction site(s), showing the basin boundaries, subbasin
boundaries that may be of significance to the recharge of the water
extraction site(s), and the location of the extraction site(s).
[2]
Two maps of the aquifer as specified below, showing the spring(s),
well(s), or excavation(s) from which water is to be extracted and
wetlands and surface water bodies within 2,000 feet of the extraction
site(s). These maps shall be at an appropriate scale to depict topographic
contours at an interval of 20 feet or less. The two maps shall show
the following information, respectively: water table contours under
ambient conditions and water table contours under actual pumping conditions
at the completion of a five-day constant-rate pumping test at a rate
at or above that proposed for operation. These maps shall be based
on water table elevation measurements from monitoring wells and surface
water bodies in the vicinity of the extraction site(s) and must include
estimated surface water elevations for more distant locations. Nothing
in this subsection shall require an applicant to include other than
public information for land not owned by the applicant.
[3]
A map showing the long-term zone of contribution to the extraction
site(s) based on maximum proposed extraction rates, and a quantitative
water budget analysis that includes precipitation input, evapotranspiration
losses, surface water runoff, groundwater flux, and discharge-recharge
relationships between surface water and groundwater.
[4]
Two scaled geologic cross sections showing geologic characteristics
of the aquifer and groundwater and surface water elevations at and
adjacent to the water extraction site(s).
[5]
Predictions of the effects of long-term water extraction on
local and regional groundwater levels; wetlands; pond or lake levels;
base flow in streams; and any water quality changes in groundwater
and in surface water due to the proposed use.
[6]
The aquifer characteristics, including a detailed description
of geologic materials, hydraulic conductivity and transmissivity,
and average daily, monthly, and annual extraction rates.
(h)
Traffic.
[1]
A statement of the estimated number (for the a.m. and p.m. peak
hours) and loaded weight of all truck trips, including but not limited
to empty and loaded vehicles transporting bulk or bottled water and
packaging materials.
[2]
A statement of the estimated number (for the a.m. and p.m. peak
hours) of all nontruck trips.
[3]
A statement of the hours during which vehicular traffic is expected
and how traffic volume is anticipated to vary by time of day and season.
[4]
A reasonable projection of all anticipated routes (Town and
state) of all vehicles transporting bulk or bottled water.
[5]
A copy of the traffic movement permit application filed under Chapter 305 of the Maine Department of Transportation Regulations ("Rules and Regulations Pertaining to Traffic Movement Permits"); such application shall include those studies and reports required under Chapter 305 and prepared, certified, and sealed by a Maine traffic engineer, including those applicable requirements set forth in Section 7 of Chapter 305, as may be amended. Where Chapter 305 provides discretion to the MDOT to waive submittal requirements, the Board of Selectpersons shall, after conferring with its traffic consultant, determine whether it will require the submittal.
(i)
A written statement of sound from routine operations, maintenance
operations, and construction (both daytime and nighttime) expected
to be generated by the proposed use, and an assessment of the anticipated
noise levels at property lines.
(j)
A statement of the artificial lighting anticipated for the proposed
use, and an assessment of the impact of lighting at property lines.
(3)
The application shall also be accompanied by:
(a)
Written notification of the application and an explanation of
the intent, scope, and location of the proposed water extraction in
terms readily understandable to a layman to be addressed and mailed,
via certified mail, return receipt requested, to the following: the
owners of record of all parcels of land lying on or within 500 feet
of the long-term zone of contribution to the extraction site(s) cited
in the application. For purposes of these notification requirements,
an applicant is entitled to rely on the information on file at the
Rumford Town office as represented by its most recent assessors' maps
and the mailing addresses maintained by the Town as to the owners
of the affected parcels shown thereon. Actual posting of the certified
mail notices is not required until the application is declared or
deemed to be complete.
(b)
A small-scale site plan depicting at least the following:
[1]
The limits (outside perimeter) of the aquifer or other water
source cited in the application, and the bounds of the land used by
the applicant.
[2]
The location of the extraction site(s).
[3]
The existing network of public or private roads leading to or
by the extraction point(s).
[4]
Any proposed new roads or driveways to be constructed for access
to and egress from the extraction point(s), and the point(s) of intersection
of such proposed roads or driveways with existing roads.
[5]
Any existing or proposed utility lines to be utilized in the
extraction operation(s).
[6]
The location and type of monitoring and test wells.
[7]
Any existing or proposed pipes, roads, highways, easements or
rights-of-way, pipelines, aqueducts or similar infrastructure that
is intended to facilitate transport of extracted water from the extraction
point(s) towards the intended end user, if any part of the extracted
water is ultimately to be transported outside the geographic limits
of the Town of Rumford. To the extent any proposed transport of extracted
water will utilize, cross, or merge with state highway, Town roads,
or public easements, a detailed disclosure of the traffic routes to
be employed, the types of vehicles to be utilized, the loaded weight
of the vehicles to be used, and the number of daily vehicle trips
[both arrivals and departures at any load out station(s)] shall be
included on the plan, or appended to the plan in a narrative or tabular
format as appropriate.
[8]
Any other relevant and material detail(s) bearing on the proposed
extraction process, the omission of which would tend to hinder the
ability of the reviewing authority, affected landowners, or the public
from developing a full understanding of the scope and impact of the
proposal.
(c)
A large-scale site plan depicting at least the following:
[1]
A detailed plan of the extraction point(s), including, without
limitation, wellheads, pumping facilities, monitoring or test wells,
buildings, sheds, paving, vehicular drives, parking and turnaround,
utility lines, fencing, access roads or driveways, elevation and contour
lines.
[2]
Any other relevant and material detail(s) bearing on the proposed
extraction process, the omission of which would tend to hinder the
ability of the reviewing authority, affected landowners or the public
from developing a full understanding of the scope and impact of the
proposal.
D.
Application process.
(1)
Five copies of the entire application, including studies, reports, site plans and all other items referred to in Subsection C above, shall be submitted to the Board of Selectpersons.
(2)
The Board of Selectpersons shall have 30 days from the date of submission
to conduct a preliminary review of the application solely for the
purpose of determining whether the application is complete as required
by this chapter. For good cause shown, and upon receipt of confirmatory
independent technical advice, the Board of Selectpersons may waive
one or more of the application details upon a determination that such
details are unnecessary, unobtainable as a practical matter, or duplicative
and that such waiver would not tend to hinder the ability of the Board,
affected landowners, or the public from developing a full understanding
of the scope and impact of the proposal.
(3)
If within said thirty-day period the Board of Selectpersons deems
the application incomplete in any material or relevant respect, it
shall so inform the applicant by the best practical means, either
by writing or verbally at a regularly scheduled meeting of the Board
at which the applicant or its duly authorized representative is present,
after which the applicant shall have a period of time not to exceed
60 days to complete its application in accordance with this chapter,
upon failure of which the application shall be deemed withdrawn.
(4)
If by the end of said thirty-day period for review for completeness
the Board of Selectpersons has not informed the applicant the application
is incomplete, it shall as a result be deemed complete, in which case
the Board shall schedule a public hearing on the application at a
date not later than 60 days from the date the application was originally
submitted, or not later than 60 days from the date a supplemented
application originally deemed incomplete was reviewed for completeness
and declared (or deemed by the passage of a thirty-day period) complete.
(5)
Any review of the application by the Board of Selectpersons or its
agents for completeness is preliminary only and is not to be deemed
a substantive review, and confers no vested rights upon the applicant
or under the application. Substantive review shall not be deemed to
occur until the convening of a public hearing on the application under
this chapter.
(6)
The applicant's obligations of written notification via certified
mail of property owners as set forth above shall not accrue until
the application is declared or deemed complete under this chapter.
E.
Review process; hearing process.
(1)
The completed application shall be reviewed by the Board of Selectpersons
at a public hearing convened for that purpose, pursuant to 15 days'
published notice in a newspaper of general circulation within the
Town of Rumford and posting of notice at three conspicuous public
places within the Town, and upon confirmation on the hearing date
that certified mail notice has been sent to all affected landowners
as previously set forth in this chapter.
(2)
The Board of Selectpersons shall be entitled to adopt whatever procedural
rules for the hearing, including the imposition of reasonable time
limits for the presentations of the applicants, opponents, and the
general public, deemed appropriate, fair, and reasonably calculated
to afford full consideration of the issues pertaining to the application.
F.
Extension or modification of time limits. For good cause shown, the
Board of Selectpersons may extend or modify any of the deadlines or
time lines above so as to reasonably accommodate the demonstrated
needs of the applicant, intervenors, opponents, the public, or the
Board, so long as such extension or modification does not materially
prejudice the substantial rights or interests of any person or aquifer-dependent
industry applicant.
G.
Decision of Board of Selectpersons. Upon the adjournment of the public
hearing the Board of Selectpersons shall schedule a public session
of the Board, to occur not later than 30 days from the final adjournment
of the public hearing, to deliberate and render a decision.
(1)
The decision of the Board of Selectpersons may be:
(a)
To approve the application;
(b)
To deny the application; or
(c)
To approve the application conditionally, with conditions or stipulations upon the satisfactory completion of which the application will be finally approved; provided, however, that any approval (conditional or unconditional) shall require the Board's determination that the applicant has satisfied all of the performance standards set forth below, and shall further be subject to any alert levels and action levels as determined in Subsection H immediately following.
(2)
Any approval shall specify that it is only for a daily extraction
total not exceeding the maximum daily quantity set forth in the application,
nor exceeding the specified aggregate monthly and annual total calculated
thereby, and any increase in such daily totals or aggregate monthly
and annual totals shall require further application and review in
accordance with this chapter.
(3)
The Board shall issue a written decision with findings of fact and
rulings and conclusions not later than 30 days from the date on which
it votes at a public session to approve, deny, or approve with conditions,
and a copy of such written decision shall thereupon promptly be provided
to the applicant, and otherwise be available publicly.
H.
Action and alert levels. Any approval issued hereunder must contain
action level(s), to be based on the best hydrogeologic monitoring
analysis and modeling available at the time of approval. Permit holders
under this chapter must share all hydrogeologic monitoring data, analysis,
and modeling of water extraction activities with the Town of Rumford,
both before and after the issuance of a permit. The action levels
shall, where possible, define hydrogeologic standards at two levels:
"alert" and "action."
(1)
"Alert levels" shall be those hydrogeologic conditions as indicated
by monitoring data and visual observation from monitoring wells, stream
gauges, and lake and pond gauges which indicate a developing or impending
adverse effect on the aquifer from which the water is, or is to be,
extracted, or affected surface water bodies in the vicinity. Upon
reaching an alert level, the Board, through its designated technical
representative, shall require the applicant to provide more frequent
and intensive monitoring activities than may be originally contemplated
by the application or any original approval thereof.
(2)
"Action levels" shall be those hydrogeologic conditions as indicated
by monitoring data and visual observation from monitoring wells, stream
gauges, and lake and pond gauges which indicate an adverse effect
on the aquifer from which the water is, or is to be, extracted, or
affected surface water bodies in the vicinity, or which establishes
an imminent threat to private water wells in the vicinity. Upon reaching
an action level, the Board, upon advice of its designated technical
representative, shall order all pumping and extraction activities
to be reduced or ceased until such time as the Board deems that hydrogeologic
conditions creating the descent to action levels have been or will
be rectified, and that any threat or risk of harm to the aquifer,
surface water bodies, and/or private wells has abated.
(3)
The setting of "alert levels" and "action levels" with respect to
a given water extraction activity will normally be developed and refined
through the ongoing monitoring regime specified in this chapter or
any permit issued hereunder. The Board reserves the right, as such
monitoring data becomes available for evaluation and correlation,
to impose, amend or revise alert and action levels, after notice to
any applicant or permit holder, with an opportunity to be heard, as
an addendum/addenda to any permit. Notwithstanding the foregoing,
in the event existing monitoring data or monitoring data developed
during any pre-extraction test phase, or other established hydrogeologic
conditions developed or existing prior to the undertaking of sustained
extraction activities under any permit issued hereunder, adequately
support the establishment of prepumping alert levels or action levels
the Board may impose them, either as part of any original permit or
as an amendment to any issued permit, with opportunity for notice
and hearing for the permit holder, and in such case where an action
level is reached prior to pumping or the commencement of sustained
extraction activities, then in such case no pumping or extraction
shall commence in the first place until such time as the Board deems
that hydrogeologic conditions safe for extraction have been or will
be restored.
No approval shall be granted any application until and unless
the reviewing authority shall have affirmatively found that each of
the following performance standards has been or will be met, the burden
of establishing and demonstrating compliance with which is solely
the applicant's. The applicant must also demonstrate to the reviewing
authority that it possesses the expertise and financial resources
to provide continuing adherence to these standards.
A.
The quantity of water to be taken from a groundwater source will
not substantially lower the water table beyond the property lines,
cause unreasonable impacts to groundwater flow patterns, or cause
unreasonable ground subsidence beyond the property lines.
B.
Any proposed use shall not cause unreasonable adverse diminution
in water quality or quantity of the aquifer or surrounding surface
water/groundwater. This includes any impacts to the upwelling of a
natural spring, groundwater source, aquifer recharge area, or wetlands.
C.
Safe and healthful conditions shall be maintained at all times within
and about the proposed use and structures.
D.
The proposed use shall require preparation of a stormwater management
plan prepared and stamped by a professional engineer licensed in the
State of Maine, detailing with both construction and long-term controls.
[Amended 6-8-2021 by Ord.
No. 2021-02]
E.
The proposed extraction site is not within the groundwater recharge
area of contribution of a community, nontransient public water supply,
as defined under Maine Drinking Water Program rules, unless notice
is given to the operator thereof and the Board of Selectpersons has
considered any information supplied by the operator and finds that
no unreasonable adverse effect on a public water supply will result
under current and expected future demands on such community, nontransient
public water supply.
F.
The operator shall make operating records of the quantity of water
extracted, stored, and removed from the site available to the Board
of Selectpersons or a designee upon request.
G.
Nothing in this procedure, and no decision by the Board of Selectpersons,
shall be deemed to create groundwater rights other than those rights
which the applicant may have under Maine law.
H.
Any permit issued by the Board of Selectpersons shall state the maximum
daily, monthly, and annual quantity of groundwater that may be extracted,
which amount shall not exceed the amount specified by the applicant
in its application. The maximum daily, monthly, and annual groundwater
extraction limit shall be an amount determined by the Board of Selectpersons
to be consistent with this chapter, and based on the evidence presented
at the public hearing of the Board of Selectpersons.
If the reviewing authority reasonably determines it requires
independent expert assistance to assist it in its preliminary review
of the application, or in evaluating the substance of the application
at a public hearing, or in developing appropriate conditions of approval,
or with respect of any ongoing monitoring regime, or impact on Town
infrastructure under this chapter, it may engage the services of such
expert assistance to serve as the reviewing authority's own expert.
To the extent the projected or estimated cost of such assistance exceeds
the existing Town appropriation for such assistance, if any, the applicant
shall be required to pay to the Town, in advance of the scheduling
of any public hearing, a sum equal to said projected or estimated
cost, the failure of which payment shall excuse the reviewing authority
from scheduling any public hearing until such payment is made in full.
With respect to such costs and expenses anticipated to continue beyond
any initial approval of extraction, such as services related to any
monitoring regime, or assessment of infrastructure impacts, requirements
for payment of such shall be inserted in any approval as an ongoing
condition of that approval.
As applicable, and subject to the provisions of this chapter, jurisdiction of the Board of Selectpersons under this chapter is concurrent with such jurisdiction as may be vested in the Rumford Planning Board, the Rumford Board of Appeals, and the Rumford Code Enforcement Officer, and is not intended to divest them of existing jurisdiction as applicable, but rather establishes and imposes additional requirements and procedures as set forth herein. Moreover, this chapter is not meant to replace or supplant the requirements and authority granted by Chapter 307, Wellhead Protection. However, should any conflict arise between this chapter and Chapter 307, Wellhead Protection, the provisions of this chapter control.
A.
This chapter may be enforced by the municipal officers of the Town
of Rumford or, at their direction, by the Rumford Code Enforcement
Officer, pursuant to 30-A M.R.S. § 4452; the fines and penalties
set forth therein to apply hereto.
B.
The Board of Selectpersons may suspend or revoke any permit issued
hereunder if it determines, after notice and hearing, that it was
issued in error or upon incomplete or false information, or that the
applicant has failed to comply with any conditions of approval.
C.
Any appeal of any denial, suspension, or revocation of a permit shall
be to the Maine Superior Court pursuant to Maine Rule of Civil Procedure
80B.
Should any section or provisions of this chapter be declared
by a court of competent jurisdiction to be invalid, such decision
shall not invalidate or affect the enforcement of any other section
or provision of this chapter.
This chapter and any amendments thereto shall become effective
immediately upon adoption and enactment by vote of the legislative
body of the Town of Rumford at Town Meeting.
