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 385-840-13 - Imminent Hazard to Public Health - Boil Water Order

Current through 2024-29, July 17, 2024
1.
Boil Water Order
. A Boil
				Water Order shall immediately require the supplier of water to complete
				consumer notification of the threat to public health.
2. A Boil Water Order may be issued when, in
				the judgment of the Board, a threat to the public health may exist from the
				presence of pathogenic microorganisms in a Private Water System. A Boil Water
				Order may be issued without a prior public hearing and served on the supplier
				of water, Designated Operator, owner, Licensee, manager, or employee, by
				personal service, in person, certified mail, or by any other method if such
				service is accepted. At the written request of a Licensee or Designated
				Operator, a public hearing must be held on the Boil Water Order within thirty
				(30) days of the receipt of the request.
3. The Board is authorized to issue Boil
				Water Orders to any Licensee to comply with the requirements of these
				regulations, and is further authorized to petition the courts to compel
				compliance with such orders.
4.
				Upon receipt of information that there is an imminent endangerment to public
				health due to the actual or threatened existence of biological contaminants in
				a Private Water Supply, as indicated by the presence of pathogenic
				microorganisms or the presence of indicator organisms that indicates the
				potential presence of pathogenic microorganisms, or when, in the judgment of
				the Board, such a condition exists or is likely to exist in a Private Water
				Supply and will result in a serious risk to public health, the Board shall
				initiate Boil Water Order procedures. Upon determination by the Board that
				conditions exist that would warrant the issuance of a Boil Water Order, the
				Designated Operator of the Private Water System will be immediately notified of
				the determination. Upon notification by the Board of the Boil Water Order, the
				Designated Operator of the Private Water System must immediately implement the
				requirements of the Boil Water Order system-wide, or as otherwise directed by
				the Board, until such time as the Board makes the determination that the Boil
				Water Order may be lifted.
A.
Boil
				Water Order Procedures
(1) The Board
				will provide the Boil Water Order to the Licensee and Designated Operator,
				owner, manager, or other responsible individual by telephone,
				electronic/digital notification, facsimile, or in person, or by any other means
				for immediate distribution to consumers.
(2) If the Board is unable to contact an
				appropriate person, then the Board's staff may distribute notice and the Boil
				Water Order to consumers within 24 hours of the Board's issuance of a Boil
				Water Order.
(3) The Board will
				follow up by sending the Boil Water Order and other requirements in writing,
				via first class and certified mail, to the Designated Operator and the
				Licensee, or other appropriate representative of the water system.
(4) Nothing in these Boil Water Order
				procedures absolves the supplier of water of the obligation to provide
				appropriate public notification to their consumers or from compliance with
				these rules.