An Act To Standardize the Laws Concerning Property Transfers and To Protect Water Quality
Maine Legislature, Session 129, LD 0319
Committee: Environment and Natural Resources
Sponsors: KESCHL, BREEN, CAMPBELL, COREY, NADEAU, PERKINS, SAMPSON, BLACK
Amends: 30-A MRSA §4216

Legislative Document
No. 319
H.P. 244
House of Representatives, January 24, 2019
An Act To Standardize the Laws Concerning Property Transfers 
and To Protect Water Quality
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative KESCHL of Belgrade.
Cosponsored by Senator BREEN of Cumberland and
Representatives: CAMPBELL of Orrington, COREY of Windham, NADEAU of Winslow, 
PERKINS of Oakland, SAMPSON of Alfred, Senators: BLACK of Franklin, SANBORN, L. 
of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §4216, sub-§2, as enacted by PL 2007, c. 568, §2, is 
amended to read:
2.  Additional requirements; shoreland areas.  In addition to the requirements of 
subsection 1, the following provisions apply to the transfer of property within a coastal 
shoreland area as described in Title 38, section 435.
A.  A person purchasing property on which a subsurface waste water disposal system 
is located within a coastal shoreland area, as described in Title 38, section 435, shall 
prior to purchase have the system inspected by a person certified by the department 
except that, if it is impossible due to weather conditions to perform an inspection of 
the system prior to the purchase, the inspection must be performed within 9 months 
after transfer of the property.  If the inspection finds that the system is 
malfunctioning, the system must be repaired or replaced within one year after transfer 
of the property.  For purposes of this paragraph only, indications of a malfunctioning 
system are limited to the indications specified in the definition of "malfunctioning 
system" in the department's rules regulating subsurface waste water disposal that are 
in effect on the effective date of this paragraph.
B.  A subsurface waste water disposal system that has been installed pursuant to 
section 4211 and rules adopted under Title 22, section 42 within 3 years prior to the 
closing date of the transfer of property is not subject to the inspection requirements of 
paragraph A.
C.  If the seller of the shoreland property has a written inspection report for an 
inspection of the subsurface waste water disposal system that was performed within 3 
years prior to the date of the transfer of property by a person certified by the 
department, then the seller shall provide the inspection results to the purchaser, and 
the purchaser is not required to have the system inspected pursuant to paragraph A.
D.  The inspection described in paragraph A is not required if the purchaser certifies 
to the local plumbing inspector that the purchaser will replace the subsurface waste 
water disposal system within one year of the transfer of property.
SUMMARY
This bill extends to inland shoreland areas the requirement that subsurface waste 
water disposal systems on property located within a shoreland area be inspected prior to a 
sale of the property.  Currently, that inspection requirement applies only to the sale of 
property located within a coastal shoreland area.