PEELING THE ONION: MULTI-FACETED REGULATION OF SPRING WATER WITHDRAWAL IN MAINE: A CASE STUDY FROM THE BRADBURY SPRING SITE IN KINGFIELD, MAINE

The production of bottled water in Maine is subject to a myriad of regulations at the Federal, State and, in some cases, local level. The primary objectives of these regulations are to ensure that: 1.) the water is withdrawn in an environmentally sound manner; and, 2.) the water bottled is of suitable quality for human consumption. The journey from spring discovery to facility construction to initial production is arduous and continually evolving regulations present many challenges

At the Bradbury Spring site in Kingfield, Maine, spring water withdrawals are regulated by the Maine Department of Environmental Protection and by the Town of Kingfield. Any development of this sort triggers the requirement for a permit under Natural Resource Protection Act administered by the Maine Department of Environmental Protection. This act requires a permit for groundwater withdrawals. Spring water withdrawal at the Bradbury Spring site is also regulated at the local level through zoning ordinance and a conditional use permit by the planning board.

Bottled water produced from the Bradbury Spring site falls under the Federal Food and Drug Administration labeling standards (21 CFR Part 165.110) and is regulated as a food product. In the U.S. approximately twenty states and one city regulate the distribution of bottled water - the Bradbury Spring site requires individual approval from each state prior to distribution to that market. The State of Maine Department of Health and Human Services, Drinking Water Program, also has statutory authority to regulate water quality from the Bradbury spring site.

This presentation will focus on this multi-level regulation of water, some overlapping standards and what these regulations mean for the bottled water industry. This case study focuses on the development of the Bradbury Spring in Kingfield, Maine, a permitted spring water supply to be used as a source for Poland Spring Brand Natural Spring Water in Maine.