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 144-241-5 - DESIGN CRITERIA

Current through 2024-29, July 17, 2024
A.
SITE
				EVALUATION REQUIREMENTS
1. General: The
				selection of a site for each system is based upon a licensed site evaluator's
				evaluation of those site characteristics that may affect the location and
				functioning of the system. Each system (and every part thereof) must be sited
				and designed so that, with adequate installation and maintenance, it will
				function in a satisfactory manner and will not create a nuisance or source of
				foulness, pose a threat to public health or safety or to the environment, or
				otherwise adversely affect the quality of surface water or
				groundwater.
2. When a site
				evaluation is required: The completion of a HHE-200 Form is required in order
				to obtain a permit for the following:
a. All
				first-time subsurface wastewater disposal systems;
b. All replacement subsurface wastewater
				disposal systems;
c. All expanded
				subsurface wastewater disposal systems;
d. The installation of any new subsurface
				wastewater disposal system component; or
e. The replacement or modification of any
				components of an existing subsurface wastewater disposal area. Treatment tanks
				and other system components located outside the disposal area may be replaced
				in kind without a site evaluation, upon approval of page one of an HHE-200 (and
				all other applicable forms) by the LPI.
3. Suitable soil conditions: Except as
				otherwise provided in this Section, a disposal field must be located upon soils
				with the following minimum depths to limiting factors:
a. All systems located outside the shoreland
				area of major water bodies/courses must be located on soils with a minimum
				depth to seasonal groundwater table or hydraulically restrictive horizon of 9
				inches and a minimum depth to bedrock of 9 inches.
b. All systems located within the shoreland
				area of major water bodies/courses must be located on soils with a minimum
				depth to seasonal groundwater table or hydraulically restrictive horizon of 15
				inches, and a minimum depth to bedrock of 15 inches, except as allowed in
				Sections 8(B) and
				10(C).
4. Setback distances: For disposal system
				setback distances, see Sections
				8 and
				9, for first-time and replacement
				systems.
5. Soil profile and
				condition: The soil profile and condition used for the design of a disposal
				field must be based upon original soils at the site, except when the fill is
				considered equivalent to original soils, as provided for in Sections
				5(B)(4)  and
				5(B)(5). The soil
				profile and condition used for the design of a disposal field must be
				representative of the most limiting conditions beneath all disposal fields. In
				addition, the soil conditions beneath the down slope fill material extensions
				for engineered disposal areas must be evaluated and reported.
6. Location of the system: A system must be
				located entirely on property owned or controlled by the owner of the system.
a. Private property: The owner of a system
				may locate the system or components partially or completely on other private
				property, provided the property owners execute an easement in perpetuity for
				the construction, operation, replacement, and maintenance of the system, giving
				the system's owner authorization to cross any land or right-of-way between the
				two parcels. The easement must be filed and cross-referenced in the Registry of
				Deeds and the municipality's office, prior to issuance of a disposal system
				permit. The easement must provide sufficient buffer around the disposal field
				and fill material extensions for future replacement and maintenance of the
				system.
b. Public property: The
				owner of the proposed system may locate the system or components partially or
				completely on abutting public property, provided the entity controlling access
				to the property executes a letter of no objection that provides authority to
				the system's owner to construct, operate, replace, and maintain the
				system.
7. Slope: The
				slope beneath a disposal field must not exceed 20%, interpreted as
				constant/average slope, unless approved by variance by the Department. The fill
				extension must reach the existing ground before an existing ground slope of
				3:1 (33 percent) or
				greater, or within 100 feet horizontal distance of the disposal
				field.
8. Surface runoff: The
				disposal field and fill shoulders must not be subject to the accumulation of
				surface runoff. The property owner may utilize surface water diversions,
				provided they are installed as prescribed by the site evaluator. Surface water
				diversions cannot result in additional runoff on to abutting
				properties.
9. Existing subsurface
				groundwater drains: Ground that contains subsurface ground water drainage
				systems or the remnants of abandoned subsurface groundwater drainage systems
				may be unsuitable for the installation of a disposal field. If determined to be
				a problem this may be corrected by removing the ground water drains or
				permanently sealing the outlets of the groundwater drainage system.
10. Work Adjacent to or Within Wetlands and
				Waterbodies: Designs for subsurface wastewater disposal systems adjacent to or
				within wetlands and waterbodies, each as defined in Section 1 of this rule,
				must conform to provisions of Section
				13 of this rule.
11. Wastewater disposal: Any wastewater, as
				defined in this rule, must be disposed of by one of the following methods:
a. On-site disposal: A subsurface wastewater
				disposal system designed, installed, and used in accordance with this
				rule;
b. Public sewer: A public
				sewer system; or
c. Licensed
				discharge: A wastewater discharge system licensed by the Maine Department of
				Environmental Protection.