The Public Water Supplier as an Abutter in Local Land Use Decisions

摘要

Like many states, Maine was unpleasantly surprised to find MTBE in a number of their waterrnsupplies several years ago. After a statewide assessment of the extent of water supplyrncontamination, the Governor banned RFG containing MTBE, and the Legislature and staternagencies convened a series of Task Forces to improve the protection of public water supplies.rnThe last Task Force recommended that public water suppliers be designated as abutters for localrnland use decisions within their Source Water Protection Areas. The Legislature enacted thisrnrequirement in PL 761, subject to the Drinking Water Program providing each municipality withrnmaps showing the locations of the water supplies and their source water protection areas.rnPL 761 represents an important step forward in Maine Law. First, it acknowledges, for the firstrntime, the special importance of public water supply sources. Second, it defines the concept ofrnsource water protection area, and gives the Drinking Water Program the authority to delineaternthose areas. Most importantly, it gives public water suppliers notice of locally-regulatedrnactivities contemplated within their source water protection areas, and gives them an opportunityrnto participate in the local decision making process. How effective it will be depends on therncommitment of both the supplier and local government to making good land use decisions.rnThe Drinking Water Program has produced municipal maps for about 400 towns. We expect thernmaps to have a secondary effect of raising municipal awareness of public water supplies, andrnproviding opportunities for communication and coordination between Towns and water suppliers.rnThe most recent legislature expanded the protection of groundwater supplies by prohibiting newrnunderground tanks within the source water protection areas of public water supplies, as well asrnwithin 300 feet of private wells. The mapping of source water protection areas was a key inrnobtaining passage of this legislation.