Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-1 - Definitions

Current through 2024-29, July 17, 2024
1.
APA:
"APA" means the
Maine Administrative Procedure Act
.
2.
Active Operation
: A water
				system in Active Operation is a system that is currently distributing water to
				consumers.
3.
Board:
"Board" means the Manufactured Housing Board as described in
				10 MRS
				§9003.
4.
Boil Water Order:
"Boil Water
				Order" means an order issued by the Board to protect the health of persons
				consuming water from a Private Water System that may be contaminated by
				pathogenic microorganisms.
5.
Community Water System:
"Community Water System" means any water
				source and system of pipes or other constructed conveyances, structures and
				facilities through which water is obtained for or sold, furnished or
				distributed to community residents for human consumption, that is regulated by
				the Division of Environmental Health within the Maine Center for Disease
				Control and Prevention, Department of Health and Human Services ("Division"),
				pursuant to the
Safe Drinking Water Act
, Title
				22 MRS
				§2611
et seq
. and its
				implementing rules.
6.
Conditional Operation:
"Conditional Operation" means the licensed
				operation of an existing non-compliant Private Water System, operating subject
				to conditions as set forth by order of the Board, as described in Section
				5.
7.
Contaminant:
Any physical,
				chemical, biological, or radiological substance or matter in water.
8.
Deficiency:
Any defect in a
				system's design, operation, maintenance, or administration, as well as any
				failure or malfunction of any system component, that the Board or Division
				determines to cause, or has the potential to cause, a violation of the Board's
				rules and an unacceptable risk to health, or that could affect the reliable
				delivery of safe drinking water.
9.
Designated Operator:
"Designated Operator" is the person(s)
				designated by the Licensee, owner, operator, or manager to make decisions
				regarding the daily operational activities of a Private Water System, water
				treatment facility, and/or distribution system that may directly impact the
				quality and/or quantity of drinking water. The Designated Operator shall also
				be responsible for taking water samples, conducting tests, and furnishing test
				results to the Board, and for notification to all consumers of Board orders and
				water quality reports and notices. The Designated Operator shall be the
				point-of-contact for the Board.
10.
Division:
"Division" means the Division of Environmental Health,
				or its successor Division, within the Maine Center for Disease Control and
				Prevention, Department of Health and Human Services.
11.
Emergency Order:
In order to
				protect the public health, the Board may, without a prior hearing, issue an
				Emergency Order requiring the operator or owner of the water system to
				immediately take such action as is required under the safe drinking water
				requirements.
12.
Engineering
				Study:
An engineering study consists of a technical evaluation by a
				Maine licensed professional engineer of a water system's source, treatment,
				pumping, distribution and/or storage, to identify deficiencies that limit or
				prohibit a water system's ability to reliably provide water of acceptable
				quality and/or quantity. The engineering study must also recommend a course of
				action to implement improvements as needed.
13.
Existing Water System:
"Existing Water System" is a Private Water System in Active Operation that
				supplies water to consumers prior to the effective date of these rules, and
				shall be subject to these rules.
14.
Expanded, Upgraded, or
				Re-engineered Water System:
Any modification that may affect the quality
				or quantity of water produced, including but not limited to compliance with
				these rules, correction of violations, expansion, upgrading, or re-engineering
				of an existing Private Water Systems, including the distribution
				system.
15.
Hearing:
An adjudicatory hearing conducted by the Board pursuant to the
Administrative Procedure Act
.
16.
Licensee:
"Licensee" means a
				manufactured housing community regulated by the Board that holds a current
				license issued by the Board, or a manufactured housing community, together with
				its owner, that formerly held a license issued by the Board that has expired or
				been suspended.
17.
Maximum
				Contaminant Level (MCL):
The maximum permissible level of a contaminant
				in water which is delivered to the free flowing outlet of the ultimate user of
				a Private Water System.
18.
New Private Water System:
Any newly constructed well, water
				source, intake, or other structure or device intended as a supply of water for
				a Private Water System. All new sources of water intended for use by a Private
				Water System shall be subject to these rules pertaining to new wells and water
				sources.
19.
Non-Compliant:
A Private Water System that is in violation of the
				provisions of this chapter.
20.
Order of Correction:
A written complaint and notice of violation
				of the Board's rules, issued by the Board.
21.
Person:
An individual,
				association, partnership, company, public or private corporation, political
				subdivision or agency of the State, department, agency or instrumentality of
				the United States, or any other entity.
22.
Potable Water:
Water that is
				satisfactory for drinking, culinary, and domestic purposes and meets the
				requirements and standards contained in these rules.
23.
Private Water System(s):
Any
				manufactured housing community system of well(s), water source(s), pipes, or
				other constructed conveyances, structures, and facilities through which water
				is obtained and furnished or distributed to the public for consumer
				consumption, if such a system serves less than ten (10) licensed sites or
				service connections per well, and which is not regulated by the Division.
"Private Water System" includes any collection, treatment,
				  storage, or distribution pipes or other constructed conveyances, intakes,
				  structures or facilities under the control of the supplier of water, and used
				  primarily in connection with such a system, and any collection or pretreatment
				  storage facilities not under that control that are used primarily in connection
				  with such a system. This includes multiple independent water wells or sources
				  comprising a Private Water System. Private Water System does not include the
				  portion of service pipe or devices owned and maintained by a homeowner of a
				  private water system.
24.
Safe Yield:
The methods and standards described in the Manual for
				Water Well Construction Practices, 2nd Edition, 1998
				(published by the National Ground Water Association), shall be used for the
				proper development and determination of safe yield for all proposed wells. All
				water quality samples shall be collected after proper well development and
				disinfection, and at the conclusion of continuous pumping of the well for a
				sufficient period of time so that a minimum of three well bore volumes have
				been removed.
25.
Sample;
				Water Sample:
An amount of untreated (raw) source water or finished
				(treated) drinking water that is examined for the presence of a
				contaminant.
26.
Violation:
Noncompliance with the Board's drinking water rules,
				regardless of whether that noncompliance is intentional, negligent, or
				otherwise.