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Are all types of landfills affected? <br />Yes, the language that was adopted for the water <br />supply protection rules does not distinguish between various <br />types of landfills. Comments or clarifications should be <br />made during the public hearing process for those interested <br />in this issue. For example, should "demolition" landfills <br />with only stumps, rocks, etc. have different requirements? <br />• Can a local government allow a non - conforming property to expand <br />as long as the non - conformance is not increased? For example, <br />can a business that is non - conforming due to -the amount of <br />impervious surface area expand its structure to cover an existing <br />parking lot as long as it does not increase the total amount of <br />impervious cover? <br />Yes. <br />• Are regional stormwater control devices allowed for <br />nonresidential development? <br />Yes, however as in all cases the pros and cons of regional <br />facilities should be examined very carefully both from an <br />economic and water quality perspective. On -site controls are <br />often preferential and in the case of industrial development <br />may serve as a spill containment device. waters upstream of <br />regional controls and in- stream controls must still meet the <br />established narrative and numeric water quality standards. <br />• If a jurisdiction chooses to regulate a water supply watershed <br />for the purposes of water supply protection outside of the 5 or <br />10 mile minimum protected area or the one mile critical area, <br />does it have to notify DEM? <br />Any local government wishing to extend the minimum protected <br />or critical area should send DEM a copy of the area mapped <br />on a USGS 1:24,000 scale topographic map. This will allow <br />DEM to formally expand the minimum boundaries as noted in <br />the schedule of classifications. Local governments with this <br />intent should notify DEM through the public hearing process <br />this summer. Future expansions or revisions to these expan- <br />sions will likely require DEM to conduct public hearings at a <br />later date. _ <br />• If there are waters in a local government's jurisdiction that are <br />currently classified for water supply use but are not used nor is <br />there any future intent by anyone to use as such, will the local <br />government(s) be responsible for adopting and enforcing water <br />supply protection ordinances? <br />Local governments should first verify that no one is <br />currently using the waters for drinking water supply purposes <br />or has any intent to do so. If not, they should then notify <br />DEM in writing through the public hearing process of the <br />16 <br />