Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 241 - SUBSURFACE WASTEWATER DISPOSAL RULE › Section 144-241-13 - DISPOSAL SYSTEM INSTALLATIONS ADJACENT TO WETLANDS AND WATER BODIES

Current through 2024-29, July 17, 2024
A.
INTENT AND RESPONSIBILITIES
1.
No Further Permits Required:
The filling, alteration of, or work adjacent to, wetlands and waterbodies for
				activities associated with the installation of subsurface wastewater disposal
				systems, is allowed, provided it is done in accordance with the requirements of
				this rule pertaining to work adjacent to, or within, wetlands and water bodies
				including the installation criteria in Sections
				13(B)(4) and
				13(C). This rule has
				been designed to ensure that no permitting is required for the installation of
				subsurface wastewater disposal systems, unless DEP - NRPA or Shoreland Zoning,
				or LUPC standards are exceeded. There are three general requirements for
				subsurface wastewater disposal systems in close proximity to water
				bodies/courses: 
				
											Maintain component setbacks as described in Sections
					 8 and
					 9, as appropriate;
											Comply with setbacks for clearing, vegetation removal
					 and soil disturbance described in Section
					 13(B);
					 and
											Follow the requirements for installation and erosion
					 control, as described in Section
					 13(C).
Special Note:
DEP or LUPC permits are not
				  required for the installation of subsurface wastewater disposal systems
				  designed and installed in accordance with this rule, without the need for a
				  variance from the Department. DEP, LUPC and or ACOE permits may be required for
				  the installation of subsurface wastewater disposal systems that are granted a
				  variance by the Department. Failure to meet setback, erosion control,
				  vegetation clearing, or soil disturbance standards may result in enforcement
				  action by the appropriate state or local agency with jurisdiction.
				  Questions/issues must be directed to, and resolved by, DEP, LUPC or municipal
				  officials prior to installation, and the approval must be demonstrated to the
				  site evaluator that the site location is correct. Municipalities may adopt
				  Shoreland Zoning requirements more stringent than the requirements described
				  below.
a.
First-Time Subsurface
				Wastewater Disposal Systems:
First-time systems for previously
				undeveloped lots and other lots that do not qualify for replacement system
				criteria, installed in accordance with this rule pertaining to work adjacent
				to, or within, wetlands and water bodies, including the installation criteria
				in Sections
				13(B)(4),
				12(B)(5) and
				12(C), do not
				require additional permits from the DEP (NRPA) or LUPC and are in accordance
				with Guidelines for Municipal Shoreland Zoning Ordinances. First-time systems
				that do not meet the minimum requirements of this rule pertaining to work
				adjacent to, or within, wetlands and water bodies, including first-time systems
				that are granted a variance by the Department, may need a permit from DEP, LUPC
				and/or ACOE.
b.
Replacement
				Subsurface Wastewater Disposal Systems:
Systems designed to replace
				legally existing systems on previously developed lots are allowed to be
				installed within, or closer to, wetlands and water bodies than specified for
				first-time systems, without the need for additional permits from DEP, LUPC
				and/or ACOE, provided that there are no practical alternatives, the
				installation meets the criteria in Sections
				13(B)(4),
				13(B)(5) and
				12(C), and the
				reductions to the standards for first-time systems are minimized to the extent
				practical as required by this rule. DEP, LUPC and/or ACOE permits may be
				required for the installation of subsurface wastewater disposal systems that
				are granted a variance by the Department.