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 144-241-10 - EXPANDED SYSTEMS

Current through 2024-29, July 17, 2024
A.
EXPANSION
				OF EXISTING DISPOSAL SYSTEMS
1. Scope:
				This Section governs the expansion of existing systems pursuant to
				30-A
				MRS
				§4211(3)(A).
2. General: Alterations made to existing
				disposal systems, excluding those required for an expansion or change in use,
				may be approved by the LPI, provided that all requirements of Section
				3(F) are met, See
				5(E)(3).
3. Expansion: For the
				purposes of this Section, "expansion" means the enlargement or change in use of
				a structure using an existing subsurface wastewater disposal system that brings
				the total structure into a classification that requires larger subsurface
				wastewater disposal system components under this rule, as follows:
a. The initial expansion of a single-family
				home by the addition of one or more bedrooms, the introduction of mechanically
				pressurized water to a structure formerly served by hand pumped or hand carried
				water, replacement of an alternative toilet with a water closet, or an upgrade
				of the holding tank to a complete system.
b. The initial expansion of a non-residential
				or a multi-family structure which results in an increase in design flow of 10%
				or more.
c. Expansions of a
				structure, such as a porch, living room or sunroom, which do not increase the
				design flow are exempt from the requirements of this Section.
4. Installation Required: In the
				following instances, the expanded system design must be installed prior to the
				expansion of the structure.
a. Any expansion
				within the Shoreland Zone of major waterbodies/courses.
b. Systems with no valid permitted HHE-200
				Form, where expansion is proposed. Verification by an LPI that a system is
				legally existing as defined, written verification by a site evaluator that the
				system is complete and functioning properly at the time of evaluation and the
				issuance of an After-The-Fact permit by the LPI may be substituted for the
				permitted HHE-200 Form.
c. Systems
				proposed to be expanded by two or more bedrooms or 25 percent or more of the
				total design flow for non-residential structures (major expansions).
5. Installation Not Required: The
				following is required for minor expansions that do not require installation as
				described in 10(A)(4):
a. Documentation: No
				person may expand a structure using a subsurface waste water disposal system
				until documentation is provided to the municipal officers and a notice of the
				documentation is recorded in the appropriate registry of deeds that, in the
				event of a future malfunction of the system, the disposal system can be
				replaced and enlarged to comply with the rules adopted under
				22 MRS
				§42, and any municipal ordinances
				governing subsurface waste water disposal systems. No requirement of this rule
				or of any ordinances, may be waived for an expanded structure.
b. Recording designs: The person seeking to
				expand a structure not requiring installation shall record with the appropriate
				Registry of Deeds the form prescribed by the Department and the HHE-200 Form
				for the proposed expanded system. The person seeking to expand a structure not
				requiring installation shall send copies of the notice by certified mail,
				return receipt requested, to all owners of abutting lots and to a public
				drinking water supplier if the lot with the structure that is being expanded is
				within its source water protection area.
c. Restrictions: After the notice required by
				this section is recorded, no abutting landowner may install a well on that
				landowner's property in a location which would prevent the installation of the
				replacement septic system. The owner of the lot on which the replacement system
				will be installed may not erect any structure on the proposed site of the
				replacement system or conduct any other activity which would prevent the use of
				the designated site for the replacement system.