38 §470-B. Threshold volumes for reporting
Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 4-B: WATER WITHDRAWAL REPORTING PROGRAM HEADING: PL 2001, C. 619, §1 (NEW)
§470-B. Threshold volumes for reporting
Except as otherwise provided in this article, a person making a water withdrawal in excess of the threshold volumes established in this section shall file a water withdrawal report in accordance with section 470-D covering the 12 months ending on the previous September 30th. The threshold volumes for reporting are as follows. [2001, c. 619, §1 (NEW).]
1. Withdrawals from river, stream or brook. The threshold volume for reporting on withdrawals from a river, stream or brook or groundwater within 500 feet of a river, stream or brook is 20,000 gallons on any day or, if the watershed area at the point of withdrawal exceeds 75 square miles, a volume in gallons per day for any day that is:
A. One percent of the estimated low-flow volume of water to occur for 7 days once in 10 years based on historical flows for rivers, streams or brooks with an adequate record of gauge data; [2001, c. 619, §1 (NEW).]
B. One percent of the estimated low-flow volume of water to occur for 7 days once in 10 years based on an estimated low-flow value for a river, stream or brook below a dam where flow is limited by gate settings or leakage; or [2001, c. 619, §1 (NEW).]
C. If paragraphs A and B are not applicable, then a threshold volume calculated using the formula V=168.031 times A to 1.1 power, where V is the volume in gallons per day and A is the watershed area in square miles. [2001, c. 619, §1 (NEW).]
[ 2001, c. 619, §1 (NEW) .]
2. Withdrawals from GPA lake or pond or certain groundwater sources. The threshold volume for reporting on withdrawals from a Class GPA lake or pond or groundwater within 500 feet of the lake or pond is determined from the following table:
| Lake area in acres | gallons/ week | ||
| < 10 | 30,000 | ||
| 10-30 | 100,000 | ||
| 31-100 | 300,000 | ||
| 101-300 | 1,000,000 | ||
| 301-1000 | 3,000,000 | ||
| 1001-3000 | 10,000,000 | ||
| 3001-10,000 | 30,000,000 |
[ 2001, c. 619, §1 (NEW) .]
3. Withdrawals from other groundwater sources. The threshold volume for reporting on withdrawals from groundwater greater than 500 feet from a river, stream, brook or GPA classified lake or pond is 50,000 gallons on any day, unless the person making the water withdrawal demonstrates to the department's satisfaction that the withdrawal will not impact any adjacent surface water body.
[ 2001, c. 619, §1 (NEW) .]
SECTION HISTORY
2001, c. 619, §1 (NEW). 2001, c. 619, §1 (NEW).