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 144-241-9 - REPLACEMENT SYSTEMS

Current through 2024-29, July 17, 2024
A.
GENERAL
1. General: A replacement
				system is a disposal system designed to replace an overboard discharge, a
				malfunctioning system, or any legally existing, nonconforming disposal system,
				without any increase in water usage, except as allowed in Section
				10. The minimum horizontal setback
				distances between a replacement disposal system and site features are as set
				forth in Table 9A, except as otherwise authorized in this Section.
Special Note: Site evaluators must always attempt to
				  meet first-time design standards for all disposal system designs, including
				  those for replacement systems, with special attention to systems inside the
				  Shoreland Zone. The reduced setback standards allowed for replacement systems
				  in this section must be used only when meeting first-time criteria is not
				  practical.
2.
				Existing overboard discharge: Any structure(s) licensed to discharge treated or
				untreated wastewater or any property to which a valid license has been issued
				to discharge wastewater to the waters of the state may install a disposal
				system using replacement system criteria.
3. Replacement System for Overboard Discharge
				Systems: Replacement of an overboard discharge licensed by the Maine Department
				of Environmental Protection must conform to provisions of
				38 MRS
				§411-A, which may require removal of the
				overboard discharge at the time of transfer or renewal.
4. Replacement of non-malfunctioning system:
				The replacement of a non-malfunctioning disposal system outside the Shoreland
				Zone with a system based on the current system design flow must meet
				replacement system criteria. The replacement of a non-malfunctioning disposal
				system inside the Shoreland Zone with a disposal system based on the current
				system design flow must meet replacement system criteria and must maintain the
				existing component setbacks for existing components located inside a Shoreland
				Zone disturbance buffer. Additional setback reductions from waterbodies/courses
				inside Shoreland Zoning disturbance buffers require Department
				approval.
5. Replacement
				structures: A structure is considered to be a replacement structure if:
a. It is used to replace the original
				structure which was destroyed by fire or natural disaster by a structure with a
				design flow that does not constitute an expansion as defined in Section
				10(A)(3), which
				requires an expanded system be installed as required in Section
				10(A)(4). The
				requirements of Section
				10 are applicable for all proposed
				system reuses that exceed the existing system's design flow; or
b. It is exchanged with another structure
				with a design flow that does not constitute an expansion as defined in Section
				10(A)(3) which
				requires an expanded system be installed as required in Section
				10(A)(4). The
				requirements of Section
				10 are applicable for all proposed
				system reuses that exceed the existing system's design
				flow.
6. Structures not
				considered replacement structures: Structures that do not meet the requirements
				of Section
				9(A)(5)(a),
				9(A)(5)(b) or Section
				10(A)(3) must have
				disposal systems that meet the requirements for first-time system criteria
				described in Section
				8.