§ 70-562. Establishment and delineation.

(1)

For the purposes of this division, there is hereby established the aquifer protection overlay district consisting of sand and gravel aquifers and which is divided into three zones requiring varying degrees of protection. The aquifer protection overlay district and each of the zones are delineated on the official zoning map entitled "Zoning Map of Lisbon, Maine." This map shall be deemed an integral part of this division and shall be filed at the town office. Wellheads, aquifers and aquifer recharge areas are defined in part by Emery & Garrett, 1993: The Cost of No Wellhead Protection in Maine and by standard geologic and hydrologic investigations which may include drilling observation wells, performing pumping tests, water sampling and geologic mapping. New areas identified by any of these methods may be added to this chapter by amendment. Due to the limitations of hydrogeological techniques, exact boundaries of aquifers have some uncertainty. Provisions are made for applicants to provide information on the location of the district boundary as pertains to a particular parcel of land or development.

(a)

Aquifer protection overlay zones . There are three zones to the aquifer protection overlay district as follows:

1)

Zone 1: Immediate Wellhead Recharge Zones: Zone 1 extends from each public water supply wellhead to the 200-day groundwater time-of-travel boundary.

2)

Zone 2: Primary Recharge Zones: Zone 2 extends from the outer boundary of Zone 1 to the 2,500-day time-of-travel boundary. Zone 2 also includes an area within the aquifer located in the northwesterly portion of town and adjacent to the Androscoggin River. A test well was done there and a portion of the aquifer was identified through professional hydrogeologic evaluation as a potential new municipal well location. Zone 2 standards shall be applied to that area within the aquifer centered at the test wellhead and having a radius of 1,500 feet.

a.

Any test well created in any other area of the town that is identified by the board of water commissioners as "viable for development as a source of municipal water" and certified by a qualified hydrogeologist or equivalent, may also be considered part of Zone 2 where it is located and within a circle having a radius of 1,500 feet from the test well head. However, a test well may only be considered part of Zone 2 if it is identified as "viable for development as a source of municipal water" and action to include the new wellhead area within Zone 2 is pursuant to section 70-7 of this chapter.

3)

Zone 3: Sand and Gravel Aquifer Zones: Zone 3 includes the remainder of the sand and gravel aquifers and aquifer recharge areas. Zone 3 areas may provide secondary, long-term recharge to public water supply wellheads or serve as potential sources of significant quantities of groundwater for future private and public uses. Mapping of these areas coincides with sand and gravel aquifer maps produced by the Maine Geological Survey and United States Geological Survey.

(2)

Pursuant to section 70-7, the delineation of the aquifer protection overlay district and zones may be revised by the town council as the extent of the wellheads, aquifers and recharge areas are more accurately defined.

(3)

Where the bounds as delineated are in doubt or in dispute, the burden of proof shall be upon the applicant disputing the boundary of the land in question to show where the bounds should properly be located. The applicant disputing the boundary shall engage a professional geologist or a professional hydrologist to determine more accurately the location and extent of an aquifer or recharge area. The consultant to be engaged shall be approved by the planning board. The cost of the investigation shall be completely borne by the applicant disputing the boundary.

(4)

Where there is conflict between the provisions of this division and the provisions of 38 M.R.S.A § 1393 and 38 M.R.S.A § 1394, the more restrictive shall control.

(C.M. of 8-16-2011, V. 2011-153; C.M. of 10-21-2014, V. 2014-220)

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