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 385-840-4 - Approval of New Private Water Systems or Expansions, Upgrades, or Re-Engineering of Existing Private Water Systems

Current through 2024-29, July 17, 2024
1.
Overview
Although Private Water Systems are regulated by the Board,
				  the Division acts as a technical advisor to the Board on water system matters.
				  Applications for preliminary and final approval of new Private Water Systems or
				  for expansions, upgrades, or re-engineering of existing Private Water Systems,
				  shall be submitted to the Division. After review, the Division provides a
				  recommendation to the Board as to whether or not the Board should approve the
				  system. In order for a system to be completed and operational, the Board shall
				  provide express, written approval.
2.
Approval Process
A.
Preliminary Approval
No new Private Water System or expansion, upgrade, or
				  re-engineering of an existing Private Water System shall be installed prior to
				  preliminary approval being granted in writing by the Board.
(1) The Licensee shall submit to the Division
				a completed preliminary approval form for each proposed new system, or
				expansion, upgrade, or re-engineering of an existing system, along with
				required documentation. The preliminary approval form is available from either
				the Division or the Board.
Required documentation shall include but is not limited to
				  the following: location map; estimated quantity of water required from each
				  well in gallons per minute or gallons per day; and a site plan showing all
				  potential sources of contamination within 300 feet of the well.
(2) The Division shall review the
				preliminary approval form to determine the adequacy of the system to provide
				safe and healthy drinking water to the public, and shall make recommendations
				on approval to the Board. Preliminary approval of a system must be granted by
				the Board in writing and may be based upon the recommendation of the
				Division.
(3) Except as permitted
				by subparagraph (4), new wells shall be located at least 300 feet away from
				potential contamination sources.
(4) If circumstances exist requiring a
				proposed well location to be placed closer than 300 feet from a potential
				contamination source, the Division may recommend a waiver to the requirement on
				a case-by-case basis, subject to approval by the Board. The Division must be
				provided with information from an appropriate qualified professional sufficient
				to make a determination on all waiver requests. In recommending a waiver, the
				Division may advise the Board to place conditions on the waiver, including but
				not limited to, increased water quality monitoring.
(5) The Division may recommend treatment for
				all new wells if a contaminant is present in sufficient quantity to constitute
				a public health concern in the future, even if the contaminant level does not
				exceed the current maximum contaminant level.
(6) The Division may recommend that the Board
				deny a proposed well location after determining that a proposed well location
				is not safe from threat of contamination even with increased monitoring for
				those contaminants.
(7) The
				Licensee shall determine a safe yield for all proposed wells. The pump test
				shall terminate when the safe yield of the well can be reasonably estimated.
				All water quality samples shall be collected at the conclusion of the pump
				test.
(8) If the Division
				determines that additional information is necessary to evaluate the adequacy of
				a proposed water system to provide a safe and healthy supply of water to the
				public, or to otherwise protect public, the Division may recommend that the
				Board require an Engineering Study to be prepared by a Maine licensed
				professional engineer evaluating the proposed water system.
An Engineering Study may include: a description of the site
				  geology and any sources of contamination in the area; a map of the area showing
				  all wells installed and any potential sources of contamination in the area;
				  drilling logs for each well installed; pump test draw down data if available;
				  recommendations for wellhead protection area delineations; and all required
				  water quality analysis results. An Engineering Study, if required by the Board,
				  shall be submitted to the Division for review with the request for Final
				  Approval, as outlined in Paragraph B of this subsection.