reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 227 - RULES FOR ESTABLISHMENT AND OPERATION OF CREMATORIA › Section 144-227-5 - CREMATION PROCEDURES

Current through 2024-29, July 17, 2024
A.Unless otherwise
				provided by law, human remains may not be cremated within 48 hours after the
				time of death, as indicated on the medical certificate of death. In the event
				that such death is under the authority of the Office of Chief Medical Examiner,
				the Crematorium Authority may only receive the human remains after that Office
				authorizes such cremation in writing.
(1) In
				no instance may the lapse of time between the death and any cremation be less
				than 48 hours, unless such death was a result of an infectious, contagious or
				communicable and dangerous disease, and such time requirement is waived in
				writing by the medical examiner, pursuant to 32 M.R.S.A. §1405.
(2) Human remains must be delivered to a
				crematorium in a cremation container. Human remains may not be removed from the
				cremation container, and the cremation container must be cremated with the
				human remains, unless the Crematorium Authority has been provided with written
				instructions to the contrary by the authorized person.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 227 - RULES FOR ESTABLISHMENT AND OPERATION OF CREMATORIA › Section 144-227-6 - DISPOSITION OF CREMATED REMAINS

Current through 2024-29, July 17, 2024
A.The
				authorized person is responsible for the final arrangement of the cremated
				remains. Cremated remains must be shipped by the Crematorium Authority to the
				individual specified by the authorized person on the cremation authorization
				form. After this shipment, the cremated remains may be transported in any
				manner authorized in the State of Maine, without a permit, and disposed of in
				accordance with the provisions of these Rules and 22 M.R.S.A. §§2843
				and 2843-A.
B.If the authorized
				person or a representative thereof has not received shipment of the cremated
				remains after a period of 30 days from the date of cremation, then the
				Crematorium Authority may dispose of the cremated remains in any manner
				permitted by law, except scattering, subject to Subsection C below.
C.If the Crematorium Authority has reasonable
				grounds to believe that a funeral practitioner was associated with human
				remains held at the crematorium for more than 30 days, the Crematorium
				Authority should make every effort to return human remains to that funeral
				practitioner. In the event that the cremated remains are returned to the
				funeral practitioner, the funeral practitioner must dispose of the human
				remains in accordance with 22 M.R.S.A. §§2843, 2843-A, and 32 M.
				R.S.A. §§ 1405 and 1405-A.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 227 - RULES FOR ESTABLISHMENT AND OPERATION OF CREMATORIA › Section 144-227-7 - ADMINISTRATION

Current through 2024-29, July 17, 2024
A.A Crematorium Authority may enact
				reasonable policies consistent with 32 M.R.S.A. §1405 for the management
				and operation of a crematorium, the types of cremation containers it will
				accept, authorization forms required, witnesses to a cremation and similar
				provisions. Nothing in this provision prevents a Crematorium Authority from
				enacting policies which are more stringent than the provisions contained in
				these Rules.
B.A violations of
				these Rules is considered a Class E criminal offense, pursuant to 22 M.R.S.A.
				§47.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 227 - RULES FOR ESTABLISHMENT AND OPERATION OF CREMATORIA › Section 144-227-8 - MISCELLANEOUS

Current through 2024-29, July 17, 2024
A. These Rules are construed and interpreted
				as a comprehensive cremation rule.
B. The Crematorium Authority must operate the
				facility in conformance with these Rules, and in conformance with manufacturer
				recommendations for all equipment used in the cremation process, including, but
				not limited to, cremation retorts and pulverizers. In the event that a
				manufacturer's recommendations for the operation of cremation equipment
				conflict with any provisions of these Rules, the crematorium operator must
				follow the manufacturer's recommendation in conflict with, or contrary to, a
				provision herein.
C. No provision
				of these Rules should be construed to waive any provision of any other local,
				state, or federal regulation(s).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 227 - RULES FOR ESTABLISHMENT AND OPERATION OF CREMATORIA › Section 144-227-9 - APPEALS

Current through 2024-29, July 17, 2024
This section governs the means of appealing a decision made
				  by the Department to the Administrative Hearings Unit pertaining to an
				  interpretation of the Department's Crematorium Laws, Rules or Procedures under
				   32 M.R.S.A
				  §1405 and these Rules.
A.
Scope.
Appeals by an
				aggrieved party may be based on adverse Department decisions affecting said
				aggrieved party. Appeals contending that a decision by the Department
				misapplies laws, procedures, or rules; or is based upon a significant factual
				error to the detriment of the Crematorium Authority may be filed.
B.
Procedure for Filing an Appeal.
Hearing requests must be directed to the Division of Environmental
				Health at the Maine Center for Disease Control at 11 State House Station, 286
				Water Street, 3rd Floor, Augusta, Maine 04333-0011.
(1) The request must state in writing the
				specific issues being appealed and be filed within 30 days of the Department's
				decision.
(2) Within 14 days of its
				receipt, the Department representative responsible for administering these
				Rules will forward the request for an administrative hearing to the
				Administrative Hearing Unit, to the attention of the Chief Hearings Officer,
				Office of Administrative Hearings, 11 State House Station, Augusta, Maine
				04333-0011.
(3) Upon receipt of a
				request for hearing, the Department will submit to the Administrative Hearings
				Unit an administrative hearings report that contains the decision on appeal and
				the administrative record for the Department's decision.
(4) The Administrative Hearings Unit at the
				Office of Administrative Hearings may deny appeals filed after 30 days of a
				final agency decision.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 227 - RULES FOR ESTABLISHMENT AND OPERATION OF CREMATORIA › Appendix 144-227-A

Current through 2024-29, July 17, 2024
Click here to view
				  Image
LICENSE APPLICATION FOR CREMATORIUM
1. Owner/Operator of
				  Facility:_________________________________________________
2. Name of
				  Facility:_________________________________________________________
3. Facility Location: Street
				  ______________________Town/City:____________________
4. Owner/Operator Mailing
				  Address:____________________________________________ Town/City
				  ______________________________State ______ ZIP Code ____________ Telephone:
				  _______________________ E-mail: ________________________________
5. Cremation Retort Specifications: Enclose as
Exhibit
				  A
manufacturer's specifications for the make and model of cremation
				  retort(s) proposed.
Number of cremation retorts proposed:
				  _______________________________
6. Water Supply: I Municipal System I Private Well
7. Wastewater Disposal: I Municipal Sewer I Private Septic
				  System
8. Associated Cemetery: Is the proposed crematorium
				  affiliated with a cemetery"
[] Yes [] No
Name of affiliated cemetery, if yes:
				  ____________________________________________
Size of associated cemetery, in acres:
				  _____________________
Click here
				  to view Image
10. Storage of Human Remains: How will human remains be
				  stored at the proposed facility prior to cremation" Use a separate sheet of
				  paper if necessary.
				  ________________________________________________________________________
________________________________________________________________________
11. Facility Plans: Submit as
Exhibit B
, a plan
				  or plans showing the layout of rooms, storage areas, equipment, plumbing, and
				  other features of the proposed facility, prepared by an engineer, architect, or
				  other knowledgeable professional.
12. Right, Title, or Interest: Submit as
Exhibit
				  C
, a copy of a deed, lease, contract of sale, or letter of interest
				  establishing right, title, or interest to the property upon which the proposed
				  facility is to be located.
Please complete this application form and deliver it to the
				  Division of Environmental Health at the address below, along with Exhibits A,
				  B, and C, and a $200.00 review fee in the form of a check or money order made
				  payable to "Treasurer, State of Maine".
I, __________________________________________, state that the
				  information submitted (print name)
is correct to the best of my knowledge and understand that
				  any falsification is reason for the Department to deny the project.
SIGNATURE: ______________________________________
				  DATE:____________________
Mail to: Division of Environmental Health
Maine CDC
11 State House Station
Augusta, ME 04333-0011
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 227 - RULES FOR ESTABLISHMENT AND OPERATION OF CREMATORIA › Appendix 144-227-B

Current through 2024-29, July 17, 2024
Click here to view
				  Image
MONTHLY CREMATORIUM REPORT
Please complete all of the following data components. Please
				  print legibly or type.
--------------------------------------------------------------------------------------------------------------------------------------------------
FACILITY INFORMATION
Facility Name:
				  ________________________________________________
Facility Location, Street:
				  ________________________________________________
Facility Location, Town/City:
				  ________________________________________________
Facility Mailing Address:
				  ________________________________________________
Facility Operator/Authority:
				  ________________________________________________
Telephone: ______________________ E-mail:
				  ____________________________________________
---------------------------------------------------------------------------------------------------------------------------------------------------
OPERATIONS SUMMARY
1. Reporting Period: Month ending on
				(MM/DD/YYYY) ____________________________
2. During this reporting period, the subject
				facility cremated the remains of ________ persons.
I, _______________________, Facility Operator/Authority for
				  the subject facility, hereby state that this report is
(Print Your Name)
accurate to the best of my knowledge. I further stipulate
				  that I am aware that deliberate falsification of the information herein shall
				  be sufficient cause for an audit of the subject facility's records.
_______________________________________________
				  __________________________
Signature of Facility Operator/Authority Date
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 227 - RULES FOR ESTABLISHMENT AND OPERATION OF CREMATORIA › Appendix 144-227-C

Current through 2024-29, July 17, 2024
Click here to view
				  Image
Department of Health and Human Services
Maine Center for Disease Control and Prevention
286 Water
							 Street
# 11 State House Station
Augusta, Maine
							 04333-0011
Tel: (207) 287-5689
Fax: (207) 287-3165;
							 TTY: 1-800-606-0215
ANNUAL CREMATORIUM REPORT
Please complete all of the following data components. Please
				  print legibly or type.
----------------------------------------------------------------------------------------------------------------------
FACILITY INFORMATION
Facility Name:
				  ________________________________________________________
Facility Location, Street:
				  ________________________________________________
Facility Location, Town/City:
				  ____________________________________________
Facility Mailing Address:
				  ________________________________________________
Facility Operator/Authority:
				  ______________________________________________________
Telephone: ______________________ E-mail:
				  _______________________________________
----------------------------------------------------------------------------------------------------------------------
OPERATIONS SUMMARY
1. Reporting Period: Fiscal [] Calendar []
				Year ending on _______________________ (MM/DD/YYYY)
2. During this reporting period, did any
				changes to the organization, the structure, and/or the equipment used at the
				subject facility change" Yes [] No []
If "yes," please provide a detailed description on a separate
				  page or pages.
I, ______________________________, Facility
				  Operator/Authority for the subject facility, hereby state that this report
				  is
Print Your Name
accurate to the best of my knowledge. I further stipulate
				  that I am aware that deliberate falsification of the information herein shall
				  be sufficient cause for an audit of the subject facility's records.
________________________________________________
				  _______________
Signature of Facility Operator/Authority Date
Click here
				  to view Image
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 230 - RULES RELATING TO DRINKING WATER STATE REVOLVING LOAN FUND › Section 144-230-1 - Uses of the Safe Drinking Water State Revolving Loan Fund Established by Public Law 1997, Chapter 555

Current through 2024-29, July 17, 2024
a.
General
. For purposes of administering the Safe Drinking Water
				State Revolving Loan Fund established by 30A MRSA Section 6006-B (the Fund)
				references to "water utility" in 30A MRSA Sections 5953-B and 6006-B shall be
				taken to mean a public water system as defined in 22 MRSA Section2601,
				subsection 8. In addition all references in 30A MRSA Section 6006-B to the
				federal Safe Drinking Water Act shall be read as references to the federal Safe
				Drinking Water Act of 1996,
				42
				USC Sections 300f to
				300j-9, as
				amended.
b.
Additional
				uses
. The Fund may be used for one or more of the following purposes, in
				addition to the purposes listed in 30A MRSA Section 6006-B, subsection 2:
I. To make loans to a municipality or
				anintermunicipal or interstate agency or other eligible participant as
				specified in the federal Safe Drinking Water Act of 1996,
				42
				USC Sections 300f to
				300j-9, as
				amended (the Act), to buy or refinance bonds or notes issued after July 1, 1993
				for the purpose of financing the construction of any capital improvement or
				management project described under 30A MRSA Section 5953-B, subsection 1 and
				certified under 30A MRSA Section 5953-B, subsection 3;
II. To pay the costs of the Maine Municipal
				Bond Bank (the Bank) and the Department of Health and Human Services (DHHS)
				associated with the administration of the Fund and Projects financed by it,
				provided that such costs be paid from a separate, dedicated and identifiable
				administrative account into which not more than four percent (4%), or such
				greater amount as may be permitted under federal law as part of the Act, of
				each federal capitalization grant allotment, and other amounts, shall be
				deposited; and
III. To pay costs
				required, authorized or funded under the Act with regard to the treatment of
				drinking water or to pay costs authorized or funded by other federal laws or
				programs that provide money for deposit to the Fund for the purposes of 30A
				MRSA Section 6006-B.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 230 - RULES RELATING TO DRINKING WATER STATE REVOLVING LOAN FUND › Section 144-230-2 - Prioritization of Projects to Receive Financial Assistance from the Fund

Current through 2024-29, July 17, 2024
a.
General
. Periodically, and at
				least annually, DHHS will prepare and certify to the Bank a project priority
				list of those public water system projects eligible for financial assistance
				from the Fund. For the purposes of these rules a public water system is defined
				in 22 MRSA Section2601, subsection 8.
b.
Priority factors
. The factors
				to be considered in developing the priority list shall include, but not be
				limited to:
I. Does the project address
				serious risk to human health;
II.
				Is the project necessary to ensure compliance with the Safe Drinking Water
				Act;
III. Is the project to assist
				public water systems in need on a per household basis according to State
				affordability criteria; and
IV.
				Does the project meet the above listed factors used in developing the priority
				list and is the public water system prepared to proceed with the proposed
				activity.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 230 - RULES RELATING TO DRINKING WATER STATE REVOLVING LOAN FUND › Section 144-230-3 - Certification of Eligibility for Financial Assistance

Current through 2024-29, July 17, 2024
No financial assistance for a project may be granted under
				  this section until DHHS has certified to the Bank that the project is eligible
				  for immediate financing under 30A MRSA Section 5953-B and is on the priority
				  list identified in Section
				  2 of these rules.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 230 - RULES RELATING TO DRINKING WATER STATE REVOLVING LOAN FUND › Section 144-230-4 - Environmental Review for Non-equivalency Projects

Current through 2024-29, July 17, 2024
An applicant requesting assistance for a non-equivalency
				  projects (as defined in the Environmental Protection Agency Drinking Water
				  State Revolving Fund Program Guidelines) shall certify that the Project
				  complies with all local and State reviews and permit requirements for
				  construction of the Project. The applicant shall submit copies of all permits
				  or other documents obtained from local, State and federal agencies for the
				  Project. The applicant shall also submit an evaluation of the alternatives
				  considered prior to choosing the Project, a description of the positive and
				  negative impacts of the Project on the environment and a description of the
				  future of the area's environment without the Project. DHHS will review the
				  applicant's submittal to determine whether or not the Project is consistent
				  with applicable State, local and federal environmental regulations. After
				  determining that the Project is consistent with the applicable environmental
				  regulations DHHS will issue a Determination of Environmental Compliance for the
				  non-equivalency Project. Notice of the determination shall be published by the
				  applicant in a newspaper of general circulation in the area to be served.
				  Concurrently, DHHS shall make the documentation submitted by the applicant
				  available to the public and shall distribute the notice of the determination to
				  all known interested parties. In the event the Project is not consistent with
				  the applicable environmental regulations financial assistance will not be
				  given.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 230 - RULES RELATING TO DRINKING WATER STATE REVOLVING LOAN FUND › Section 144-230-5

Current through 2024-29, July 17, 2024
Federal Cross-cutter Authorities shall be met by equivalency
				  projects (as defined in the Environmental Protection Agency Drinking Water
				  State Revolving Fund Guidelines) Applicants shall be responsible for ensuring
				  that all federal and State agencies with responsibility for administration of
				  federal cross-cutting authorities review the Project for consistency with those
				  authorities.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 230 - RULES RELATING TO DRINKING WATER STATE REVOLVING LOAN FUND › Section 144-230-7 - Constitutionality Clause

Current through 2024-29, July 17, 2024
Should any section, paragraph, sentence, clause, or phrase of
				  these rules be declared unconstitutional or invalid for any reason, the
				  remainder of the rules shall not be affected thereby.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 230 - RULES RELATING TO DRINKING WATER STATE REVOLVING LOAN FUND › Section 144-230-8 - Advisory Rulings and Adjudicatory Proceedings

Current through 2024-29, July 17, 2024
Nothing in these rules shall prohibit any public, private or
				  governmental party from seeking administrative or legal relief from the
				  determination of DHHS. Requests for advisory rulings and adjudicatory
				  proceedings shall be made to DHHS as provided in the State of Maine Rules
				  Relating to Drinking Water, 10-144E CMR 231, Section 1-B.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 231 - RULES RELATING TO DRINKING WATER › Section 144-231-1-A - ALTERNATIVE FUNDING MECHANISM

Current through 2024-29, July 17, 2024
Pursuant to
				  22 M.R.S.
				  §2660 - E(1), the Commissioner may
				  impose a fee upon each legal entity deemed a public water system in the State
				  for the purpose of retaining primacy. The Department will establish fee
				  formulas by rule, according to the
Administrative Procedure
				  Act
(APA). Pursuant to
				  22 M.R.S.
				  §2660-E, the Department shall consult
				  with and consider the advice of the Maine Public Drinking Water Commission (the
				  Commission) in preparing the rules. The rules issued by the Department shall
				  include the fee formulas and collection and transfer schedules developed by the
				  Commission. Revenues derived through such fee formulas shall be referred to as
				  Alternative Funding Mechanism (AFM) Fees. Further, pursuant to
				  22 M.R.S.
				  §2660-E revenues generated from
				  collection of these fees shall be used for the purpose of retaining primacy,
				  including the funding of Department positions as stated below.
A.
Fee Formulas
1. Pursuant to
				22 M.R.S.
				§2660-E (Maine's
Water for Human
				Consumption Act
), the following AFM fee formula is established:
a. The AFM fee is equal to the base fee plus
				the per capita rate multiplied by the population capacity minus the exempt
				population.
b. AFM Fee = Base Fee +
				((per capita rate) x (population capacity) - (exempt population.))
c. The base fee assessed will not exceed
				$75.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 231 - RULES RELATING TO DRINKING WATER › Section 144-231-1-B - ADVISORY RULING AND ADJUDICATORY PROCEEDINGS

Current through 2024-29, July 17, 2024
A.
Advisory Rulings as Authorized
				Pursuant to
				5 M.R.S.
				§9001
1. Upon written request, the Department may
				render an advisory ruling with respect to the interpretation and/or
				applicability of a Drinking Water Law, Rule, or Procedure administered by the
				Department.
2. A request for an
				advisory ruling must be addressed to the Program Director, Drinking Water
				Program, Division of Environmental Health, Maine Center for Disease Control and
				Prevention, Department of Health and Human Services, 11 State House Station,
				Augusta, ME 04333-0011.
3. The
				Department may refuse to issue an advisory ruling if it may harm its interests
				in any litigation to which it may become a party.
4. An advisory ruling must be in writing and
				issued no more than 60 days from the date when the Department has received all
				information necessary for the ruling.
5. A verbal opinion is not an advisory
				ruling. Verbal opinions will not be considered binding upon the Department in
				any manner.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 231 - RULES RELATING TO DRINKING WATER › Section 144-231-1-C - SAFE DRINKING WATER ADMINISTRATIVE ENFORCEMENT

Current through 2024-29, July 17, 2024
Pursuant to
				  22 M.R.S.
				  §2617 the Department may seek and impose
				  Administrative Remedies for any noncompliance with the state drinking water
				  laws, regulations and rules. The purpose of the Administrative Remedies is to
				  enable the Department to establish an effective enforcement program to meet
				  primacy requirements of the United States Environmental Protection Agency and
				  thereby to protect the public health. Pursuant to
				  22 M.R.S.
				  §2620-C the Department is authorized to
				  adopt rules regarding the notice and the issuance, amendment and withdrawal, of
				  the Administrative Consent and Compliance Orders. Further, pursuant to
				  22 M.R.S.
				  §2620(2), the
				  Department is authorized to adopt rules establishing a schedule of
				  Administrative Penalties. In seeking and imposing enforcement actions, the
				  Department may pursue any combination of administrative and judicial remedies
				  depending upon the circumstances and gravity of each case and provided that the
				  Department follows the procedures established by statute and further
				  established by these rules. The penalties and remedies prescribed by
				  22 M.R.S.
				  §2617
et seq.
shall be
				  deemed to be concurrent and the existence of an exercised remedy shall not
				  prevent the Department from exercising any other remedy.
A.
Preconditions for Assessment of
				Administrative Remedies
1. An
				Administrative Remedy discussed below may only be administered for a violation
				or a failure to comply that, at the time it occurred, constituted noncompliance
				with statutes or regulations under the jurisdiction of the Department's
				Drinking Water Program:
a. which was then in
				effect; and
b. to which the person
				was then subject; and
c. to which
				these rules apply.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 231 - RULES RELATING TO DRINKING WATER › Section 144-231-3 - FACILITIES APPROVAL

Current through 2024-29, July 17, 2024
Before a person initiates construction of a new public water
				  system, or modifies any existing system in a manner which may affect the
				  quality of water produced, that person, pursuant to
				  22
				  M.R.S. §2612, shall submit such
				  proposals to the Department for approval.
A.
Review Period
All plans submitted under this section shall be submitted in
				  a timely manner to allow the Department at least a 30-day review period. Such
				  submission shall occur atleast 30 days prior to the bid opening and at least 45
				  days prior to the start of construction of the project.
B.
Siting Requirements
1. See Section (7)(A)(5).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 231 - RULES RELATING TO DRINKING WATER › Section 144-231-4 - OPERATION, MAINTENANCE AND DISINFECTION

Current through 2024-29, July 17, 2024
A.
Water Pressure
All community water systems shall be operated and maintained
				  to provide minimum positive pressure of 20 p.s.i. at the curb stop (curb cock),
				  except as otherwise provided for in limited service agreements.
B.
Covered Reservoirs
All finished water reservoirs shall be covered and the vents
				  to the reservoirs shall be adequately screened. Variances to this sub-section
				  are not allowed.
C.
Flushing
1. Newly constructed
				water distribution mains and finished water storage facilities shall be flushed
				and disinfected before use in accordance with the appropriate AWWA standard
				(See Section (3)(F)(2)).
2. No
				spring basin, collecting basin, well, infiltration gallery, water main, pump,
				standpipe or reservoir may be placed in service following cleaning or repairs
				until it has been properly disinfected.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 231 - RULES RELATING TO DRINKING WATER › Section 144-231-5 - RECORD MAINTENANCE

Current through 2024-29, July 17, 2024
Any owner or operator of a system shall retain specific
				  records on his or her premises, or at a convenient location near the premises.
				  Such records (indicated below) shall be made available to the public for their
				  review.
A.
Water Analyses
1. Records of bacteriological analyses made
				pursuant to these regulations shall be kept for not less than 5 years. Records
				of chemical analyses made pursuant to these regulations shall be kept for not
				less than 10 years. Actual laboratory reports may be kept, or data may be
				transferred to tabular summaries, provided that the following information is
				included:
a. Name of public water system and
				public water system ID number (PWSID);
b. The date, place, and time of sampling and
				the name of person who collected the sample
c. Identification of the sample as to whether
				it was a routine distribution system sample, check sample, raw process water
				sample, or other special purpose sample;
d. Date and time that lab received
				sample;
e. Date and time of
				analysis;
f. Laboratory and person
				responsible for performing analysis;
g. The analytical technique/method
				used;
h. Minimum Detection Limits
				(MDL); and
i. The results of the
				analysis with, where appropriate, the units of measurement.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 231 - RULES RELATING TO DRINKING WATER › Section 144-231-6 - REPORTING REQUIREMENTS

Current through 2024-29, July 17, 2024
A person who owns or operates a system shall make reports to
				  the Department as follows:
A.
Failure to Comply
All public water systems must report any failure to comply
				  with the rules and regulations directly to the Department, including the
				  failure to monitor or report water analyses, within the designated timeframes
				  outlined in 40 C.F.R. 141, Subpart Q, unless the Department performed the
				  analysis and reported the results.
B.
Laboratory Sampling Forms
All public water systems must submit water samples to a
				  certified laboratory with a Laboratory Sampling Form. Information may not be
				  transferred to another Form, unless the primary certified laboratory is
				  subcontracting the analysis. The public water system supplier must report the
				  following information on the Laboratory Sampling Form:
1. Public water system name, address and
				telephone number;
2. Public water
				system identification number assigned by the Department;
3. Sample site location;
4. Sample identification (if any);
5. Analysis requested;
6. Purpose of sample ("compliance" or
				"operation/maintenance")
7. Sample
				Type ("routine distribution system sample", "repeat sample", "raw water" or
				"processed water", or other special purpose sample);
8. Date and time of sample
				collection;
9. Name of
				sampler;
10. Disinfectant
				residual;
11. Any remarks
				specifying relevant details of the sample;
12. Signature of sampler
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 231 - RULES RELATING TO DRINKING WATER › Section 144-231-7 - NATIONAL PRIMARY DRINKING WATER REGULATIONS (40 C.F.R. - PART 141)

Current through 2024-29, July 17, 2024
A.
General Provisions
1.
Applicability
Title 40
Code of Federal
				  Regulations
(hereinafter referred to as "C.F.R."),Section 141.1,
				  published July 2014, is hereby incorporated herein by this reference.
2.
Definitions
Title 40 C.F.R.Section 141.2, published July 2014, is hereby
				  incorporated herein by this reference, with the exceptions, additions or
				  changes as set forth below.
"Act" means the
Maine Water for Human Consumption
				  Act
at 22 Maine Revised Statutes, Chapter
				  601.
"Administrator" means the Commissioner of the Department of
				  Health and Human Services or the designated representative thereof.
"Person" means person, as defined in Section
				  2 of these rules.
"Public water system" means a public water system as defined
				  in Section 2 of these rules.
"State" means the State of Maine.
3.
Coverage
Title 40 C.F.R. Section 141.3, published July 2014, is
				  hereby incorporated herein by this reference.
4.
Variances and exemptions
Title 40 C.F.R. Section 141.4, published July 2014, is
				  hereby incorporated herein by this reference.
5.
Siting requirements
Title 40 C.F.R. Section 141.5, published July 2014, is
				  hereby incorporated herein by this reference.
6.
Effective dates
Title 40 C.F.R. Section 141.6, published July 2014, is
				  hereby incorporated herein by this reference.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 231 - RULES RELATING TO DRINKING WATER › Section 144-231-8 - NATIONAL PRIMARY DRINKING WATER REGULATIONS - IMPLEMENTATION (40 C.F.R. - PART 142)

Current through 2024-29, July 17, 2024
A.
General
				Provisions
1.
Applicability
Title 40 C.F.R. Section 142.1, published July 2014, is hereby
				  incorporated herein by this reference.
2.
Definitions
Title 40 C.F.R. Section 142.2, published July 2014, is hereby
				  incorporated herein by this reference, with the exceptions, additions or
				  changes as set forth below.
"Act" means the
Maine Water for Human Consumption
				  Act
at 22 Maine RevisedStatutes, Chapter
				  601.
"Administrator" means the Commissioner of the Department of
				  Health and Human Services or the designated representative thereof.
"Agency" means the Department of Health and Human
				  Services.
"Indian Tribe" refers to the Department of Health and Human
				  Services.
"Public water system" means a public water system as defined
				  in Section 2 of these rules.
"State" means the State of Maine.
3.
Scope
Title 40 C.F.R. Section 142.3, published July 2014, is hereby
				  incorporated herein by this reference.
4.
State and local authority
Title 40 C.F.R. Section 142.4, published July 2014, is hereby
				  incorporated herein by this reference.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 231 - RULES RELATING TO DRINKING WATER › Section 144-231-9 - NATIONAL SECONDARY DRINKING WATER REGULATIONS (40 C.F.R. , PART 143)

Current through 2024-29, July 17, 2024
A.
General Provisions
1.
Purpose
Title 40 C.F.R. Section 143.1, published July 2014, is
				  hereby incorporated herein by this reference.
2.
Definitions
Title 40 C.F.R. Section 143.2, published at July 2014, is
				  hereby incorporated herein by this reference with the exceptions, additions or
				  changes set forth below.
"Administrator" means the Commissioner of the Department of
				  Health and Human Services or the designated representative thereof.
"Public water system" means a public water system as defined
				  in Section
				  2 of these rules.
"State" means the State of Maine.
3.
Secondary maximum contaminant
				levels
Title 40 C.F.R. Section 143.3, published July 2014, is
				  hereby incorporated herein by this reference.
4.
Monitoring
Title 40 C.F.R. Section 143.4, published July 2014, is
				  hereby incorporated herein by this reference.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 231 - RULES RELATING TO DRINKING WATER › Section 144-231-10 - LABORATORY CERTIFICATION

Current through 2024-29, July 17, 2024
All laboratories performing water testing for compliance
				  purposes must be certified under the Maine Comprehensive Environmental
				  Laboratory Certification Rules, at 10-144 CMR 263, authorized under 22 M.R.S.,
				  Chapter 157-A.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 231 - RULES RELATING TO DRINKING WATER › Section 144-231-11 - EMERGENCY RESPONSE PLANS AND NOTIFICATION PROCEDURES FOR PUBLIC WATER SYSTEMS

Current through 2024-29, July 17, 2024
Title IV of the
Public Health Security and
				  Bioterrorism Response Act of 2002
(Bioterrorism Act), which amends the
Safe Drinking Water Act
, requires all public water systems
				  serving more than 3,300 persons to complete Vulnerability Assessments and
				  develop or revise Emergency Response Plans.
All public water systems in Maine should prepare and
				  implement or update existing emergency and security plans to include
				  foreseeable and unforeseeable disturbance relating to production and supply of
				  safe drinking water.
A.
Emergency and Security Planning
1. Emergency situations include, but are not
				limited to the following situations:
a. A
				failure or significant interruption in the production of drinking
				water;
b. A natural disaster that
				disrupts the water supply;
c. A
				chemical spill or biological substance introduced into the water source, that
				increases the potential for contamination;
d. The failure of cross
				connections;
e. Intentional
				physical intrusions of the water system;
f. Any other activity that disturbs the
				production and supply of safe drinking water.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 232 - WELL DRILLERS AND PUMP INSTALLERS RULES › Chapter 1 - DEFINITIONS › Section 144-232-1-100.0 - GENERAL

Current through 2024-29, July 17, 2024
100.1
Requirements:
All well
				  drillers and pump installers shall comply with the applicable
				  rules
.
100.2
Scope:
Unless otherwise expressly stated, the following terms
				  shall, for the purpose of this rule, have the meanings set forth in the
				  following sections.
100.3
Interchangeability:
Words used in the present tense include the
				  future tense; words in the masculine gender include the feminine and neuter;
				  the singular number includes the plural, and the plural includes the
				  singular.
100.4
Terms not
				  defined:
Terms not defined in the following sections shall have ascribed
				  to them their ordinarily accepted mean-ings such as the context may
				  imply.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 232 - WELL DRILLERS AND PUMP INSTALLERS RULES › Chapter 1 - DEFINITIONS › Section 144-232-1-102.0 - PUBLICATIONS REFERENCED

Current through 2024-29, July 17, 2024
The "
Manual of Water Well Construction
					 Practices
, Second Edition" published in 1998 by the National
					 Groundwater Association referenced in these regulations can be purchased from
					 the NGWA on-line at
www.ngwa.org
or by
					 calling 800-551-7379. Copies are also available at the Commission office for
					 in-house review.
The "
Closed-Loop/Geothermal Heat Pump Systems,
					 Design and Installation Standards
, 2010 Edition" published by the
					 International Ground Source Heat Pump Association referenced in these
					 regulations as "
IGSHPA Standards
" can be purchased from IGSHPA
					 on-line at
www.igshpa.okstate.edu
or by calling 800-626-4747. Copies are also available at the Commission office
					 for in-house review.
The Commission office is located at:
Maine Well Drillers Commission
286 Water Street
Augusta, Maine 04333
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 232 - WELL DRILLERS AND PUMP INSTALLERS RULES › Chapter 1 - DEFINITIONS › Section 144-232-1-103.0 - WAIVER

Current through 2024-29, July 17, 2024
Except as otherwise provided, the Commission may waive any
					 performance standard, or portion thereof, established in Chapters 3, 4, 5 or 6
					 of these Rules upon a demonstration of extraordinary extenuating circumstances
					 and a finding that strict application of these rules would result in an undue
					 hardship. In no event may the Commission waive enforcement of any performance
					 standard established by these Rules if to do so would be to establish a
					 significant threat to public health.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 232 - WELL DRILLERS AND PUMP INSTALLERS RULES › Chapter 2 - GENERAL REQUIREMENTS › Section 144-232-2-201.0 - GRANDFATHER CLAUSE

Current through 2024-29, July 17, 2024
201.1
Open
				  loop geothermal heat exchange license endorsements:
Current master and
				  journeyman well driller licensees shall be grandfathered for open loop
				  endorsement for a period of 180 days from the effective date of these rules
				  geothermal heat exchange well rules, May 25, 2011. Appropriate application must
				  be made on forms provided by the Commission prior to the expiration of the
				  grandfathering period.
201.2
Closed loop geothermal heat exchange license endorsements:
Current
				  master and journeyman well driller licensees with current IGSHPA certification
				  shall be grandfathered for closed loop endorsement for a period of 180 days
				  from the effective date of these geothermal heat exchange well rule, May 25,
				  2011.. Appropriate application must be made on forms provided by the Commission
				  prior to the expiration of the grandfathering period.
201.3
Master closed loop geothermal
				  heat exchange installers:
A grandfathering period of 180 days from the
				  effective date of these geothermal heat exchange well rules, May 25, 2011,
				  shall be provided for master closed loop geothermal heat exchange installers.
				  To qualify, evidence of a minimum of 10 completed closed loop geothermal heat
				  exchange wells and current IGSHPA certification must be provided to the
				  Commission along with appropriate application prior to the expiration of the
				  grandfathering period.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 232 - WELL DRILLERS AND PUMP INSTALLERS RULES › Chapter 2 - GENERAL REQUIREMENTS › Section 144-232-2-203.0 - EXAMINATIONS

Current through 2024-29, July 17, 2024
203.1
Qualifying:
Only persons
				  meeting the work experience criteria set forth in Section
				  202.0 and having suitable
				  references as determined by the Commission will be admitted to the
				  examination.
203.2
Examination
				  dates:
Examinations shall be held on dates and places as determined by
				  the Department, but in no case shall the Department hold less than one (1)
				  examination per calendar year.
203.3
Examination fee:
The twenty-five (25) dollar fee in Section 200.5
				  includes the costs for one examination. Applicants needing to retake an
				  examination or wishing to take another examination, shall submit a new
				  application along with the application fee set forth in Section 205.
203.4
Examination content:
The
				  written examination focuses on matters appropriate for the license or
				  endorsement for which an application is made.
203.5
Passing exam scores:
The
				  minimum passing score for all license exams is 70%.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 232 - WELL DRILLERS AND PUMP INSTALLERS RULES › Chapter 2 - GENERAL REQUIREMENTS › Section 144-232-2-204.0 - Licensure

Current through 2024-29, July 17, 2024
204.1
General:
The Department
				  shall issue a license to an applicant who meets the qualifications as set forth
				  in Sections
				  202.0 and
				  203.0 and this
				  Section.
204.2
Renewal
				  date:
Licenses shall be renewed the first day of January of each year by
				  submitting the renewal application form and registration fee, provided his/her
				  record of compliance with these rules and standards and applicable statutes is
				  acceptable to the Department.
A late fee of $50.00 shall be assessed to
				  all master and journeyman license renewals received after January 31 of each
				  year.
204.3
Renewal of
				  license:
If a licensee has not complied with the rules and standards and
				  applicable statutes, the Commission or Department shall notify the licensee
				  that the license shall not be renewed and the reasons for such action. A
				  licensee who receives a notification may request a hearing before the
				  Commission (207.5). A license shall not expire until final agency action has
				  been taken.
204.4
Reinstatement of lapsed licenses:
Well drillers and pump
				  installers who allow a license to lapse for more than three (3) years will be
				  required to take an examination and pay the examination fee. After successful
				  completion of an examination and provided his/her record of compliance with
				  these rules and standards and applicable statutes is acceptable to the
				  Department, a license will be issued upon receipt of the appropriate licensure
				  fee. Licenses that have lapsed for less than three (3) years may be reinstated
				  by paying the current year's license fee and lapsed years fees.
204.5
License required:
No
				  individual or company shall perform drilling or pump installation, repair or
				  replacement without an appropriate and current license.
204.6
Company licenses:
One well
				  drilling company license shall be issued for each well drilling company that
				  employs at least one licensed master well driller, pays the appropriate fees
				  and makes application to the commission, and to each pump installation company
				  that employs at least one licensed master pump installer, pays the appropriate
				  fees and makes application to the commission.
204.7 The licensure
fee(s) is as
				  follows:
204.7.1 $120.00 - Master Well
				  Driller or Master Closed Loop
204.7.2 $88.00 - Journeyman Well Driller or
				  Journeyman Closed Loop
204.7.3 $
				  -0- All Apprentice Drillers
204.7.4
				  $ 60.00 - Master Pump Installer
204.7.5 $ 40.00 - Journeyman Pump
				  Installer
204.7.6 $ -0- Apprentice
				  Pump Installer
204.7.7 $10.00 -
				  Well Drilling Company
204.7.8 $10.00
				  - Pump Installation Company
204.7.9
				  $10.00 - Closed Loop Geothermal Company
204.7.10 $10.00 - Each Endorsement Make
				  checks payable to Treasurer of State.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 232 - WELL DRILLERS AND PUMP INSTALLERS RULES › Chapter 2 - GENERAL REQUIREMENTS › Section 144-232-2-205.0 - RECIPROCITY

Current through 2024-29, July 17, 2024
205.1
General:
The commission
				  may issue a license without examination, in a comparable classification, to any
				  person who holds a registration or license in any state, territory or
				  possession of the United States or any country, if the commission determines
				  that the requirements for licensure of well drillers, geothermal heat exchange
				  well drillers, geothermal heat exchange well pump installers or pump installers
				  under which the person's license was issued do not conflict with this rule or
				  the code of performance adopted by the commission under this
				  rule.