reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 235 - RULES RELATING TO BULK WATER › Section 144-235-11 - SEALING OF BOTTLES

Current through 2024-29, July 17, 2024
A. Immediately
				after filling, bottles shall be sealed in a manner which will adequately
				protect the quality of the contents of the bottles and prevent contamination of
				the end of the bottlenecks.
B.
				Corks are subject to bacterial contamination and are, therefore, not acceptable
				for use.
C. If screw or snap caps
				are used, they shall be new caps or shall be subjected to a sanitizing
				treatment equivalent to that required for bottles, see Section 9.F.3. of these
				Rules.
D. Only new crown caps shall
				be used.
E. New screw, snap and
				crown caps may be used without prior sanitizing, only if received in a
				condition of known cleanliness and freedom from bacterial
				contamination.
F. It is recommended
				that single service caps having a tamper proof and/or destructible seal be used
				on all containers.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 235 - RULES RELATING TO BULK WATER › Section 144-235-12 - BULK WATER TRANSPORT

Current through 2024-29, July 17, 2024
A. PROHIBITION.
				Except as otherwise provided in this section, no person may transport water for
				commercial purposes by pipeline or other conduit or by tank truck or in a
				container, greater in size than 10 gallons, beyond the boundaries of the
				municipality or township in which water is naturally located or any bordering
				municipality or township. 22 MRSA §2660 defines when a permit is necessary
				to transport water for human consumption across town lines within the State of
				Maine.
B. EXCEPTIONS. The
				prohibition in this section does not apply to:
1. Any water utility as defined in Title
				35-A.
2. Water transported for use
				in well drilling, construction activities, concrete mixing, swimming pool
				filling, servicing portable toilets, firefighting, hospital operations,
				aquaculture, agricultural applications or civil emergencies.
3. Water distilled as a by-product of a
				manufacturing process.
4. Water
				transported from a water source that, before July 1, 1987, was used to supply
				water for bottling and sale, and which is used exclusively for bottling and is
				sold in its pure form or as a carbonated or flavored beverage
				product.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 235 - RULES RELATING TO BULK WATER › Section 144-235-13 - RECORDS

Current through 2024-29, July 17, 2024
A. Records shall be maintained of all
				inspections and reports. Records of all water quality bacteriological and
				chemical testing shall be maintained for 5 years by the water supplier and the
				Department.
B. Records shall be
				maintained of daily production operations and shall include the date, number of
				units packaged and number of units delivered. The names of people who obtain
				water should also be maintained.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 235 - RULES RELATING TO BULK WATER › Section 144-235-14 - APPROVAL REQUIRED

Current through 2024-29, July 17, 2024
A. FACILITIES.
				Plans and specifications for any major alternation of existing bottled or bulk
				water facilities or any new construction must be approved by the Department
				before any work is commenced.
B.
				TREATMENT. Plans and specifications for any alteration of existing treatment
				processes or any new treatment process must be approved by the Department
				before installation is commenced. It is recommended that at least thirty (30)
				working days be allowed for plan review.
C. CHANGE IN OWNERSHIP. A permit holder shall
				notify the Department within 5 days after any change in ownership, and at least
				30 days prior to any change of the name or location of the plant and in all
				cases promptly submit to the Department written documentation reflecting such
				change(s).
D. CHANGE/ADDITION OF A
				SOURCE. Prior to the time that a water source is changed or a new source is
				used in addition to the existing approved source(s), if the new source is not a
				public water supply, the permit holder shall obtain an inspection and approval
				of the new source by the governmental authority having jurisdiction, and shall
				submit a copy of such inspection and approval to the Department. The permit
				holder shall also submit to the Department information in accordance with
				Sections 3 and 4 of these Rules, prior to the sale of products using the new
				source. If the new source is a public water supply, the permit holder shall
				notify the Department of the change or addition of source.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 235 - RULES RELATING TO BULK WATER › Section 144-235-15 - VARIANCES AND EXEMPTIONS

Current through 2024-29, July 17, 2024
A. The Department
				may issue variances and exemptions as provided for in 22 M.R.S.A. §2613.
				Applications may be obtained by contacting the.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 235 - RULES RELATING TO BULK WATER › Section 144-235-16 - ORDERS, EMERGENCY POWERS, PENALTIES

Current through 2024-29, July 17, 2024
A.
				Pursuant to 22 M.R.S.A. §2614, the Department is authorized to issue
				orders to any person to comply with the requirements of these regulations, and
				is further authorized to petition to compel compliance with such
				orders.
B. Pursuant to 22 M.R.S.A.
				§2614, on receipt of information that due to the actual or threatened use
				of contaminants to a bottled water system, or for other reasons, there is an
				imminent and substantial endangerment to the health of persons, the Department
				may take such actions, including, but not limited to, issuing emergency orders
				or commencing court action, as deemed necessary to protect the public
				health.
C. Pursuant to 22 M.R.S.A.
				§2617 and §2620, any person willfully violating any portion of these
				regulations, may be subject to a fine. Each day of operation in violation shall
				constitute a separate offense. In addition, as indicated in subparagraph 2 of
				22 M.R.S.A. §2617, injunctive relief may be obtained to prevent the
				violation of any rule, in accordance with State law.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 235 - RULES RELATING TO BULK WATER › Section 144-235-17 - PROHIBITED ACT

Current through 2024-29, July 17, 2024
A. PROHIBITED ACTS.
				It is prohibited by any water system to buy back or accept already sold product
				water from a consumer.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 240 - RULES FOR APPOINTMENT AND ADMINISTRATION OF LOCAL PLUMBING INSPECTORS › Section 144-240-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Department:
The Department of
				Health and Human Services.
B.
Internal Plumbing Rules:
10-144 Code of Maine Regulations, Chapter
				238, referred to as Plumbing Rules.
C.
Local Plumbing Inspector:
A
				municipal or Department-appointed official charged with implementing the Rules
				and carrying out the duties required by 30-A M.R.S.A. §§4201 &
				4210 to 4223.
D.
LPI:
Abbreviation for Local Plumbing Inspector.
E.
LURC:
Abbreviation for Land
				Use Regulation Commission.
F.
Permit:
An official written authorization, issued by an LPI to
				install plumbing or to construct a subsurface wastewater disposal
				system.
G.
Certification:
The certification of an LPI is based on standards determined by the
				State Planning Office, set forth in 30-A M.R.S.A. §4451,(6).
H.
Rule 80K Certification:
Written notification from the State Planning Office that a particular
				individual has shown a familiarity with District Court procedures for the
				prosecution of alleged land use violations pursuant to 30-A M.R.S.A.
				§4453.
I.
SPO:
Abbreviation for the Maine State Planning Office.
J.
Subsurface Wastewater Disposal
				Rules: 10-144 Code of Maine Regulations,
Chapter241, referred to as SSWD
				Rules.
K.
Temporary
				Authorization:
A mechanism whereby a person may be temporarily
				authorized to hold a position as LPI, in order to obtain proper credentials for
				appointment. See 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 240 - RULES FOR APPOINTMENT AND ADMINISTRATION OF LOCAL PLUMBING INSPECTORS › Section 144-240-2 - TEMPORARILY AUTHORIZED LOCAL PLUMBING INSPECTORS

Current through 2024-29, July 17, 2024
A. An individual may be temporarily
				authorized in writing by the Department to be employed as an LPI for a period
				not to exceed 12 months. The Department will coordinate appointments with the
				Maine Department of Professional and Financial Regulation, Plumbers' Examining
				Board, and SPO, prior to temporary authorization.
B. This waiver request must not be granted to
				a non-certified individual, unless the municipality has demonstrated that no
				certified LPI is available. Should the municipality demonstrate that no
				certified LPI is available, the Department may grant temporary certification,
				based upon the documented credentials of the individual, on a form prescribed
				by the Department, depending upon the following, in this order:
(1) Formal training obtained from the State
				Planning Office;
(2) Formal
				training and/or licensure from another body within Maine;
(3) Formal training and/or licensure from
				another body outside Maine; and
(4)
				On the job training.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 240 - RULES FOR APPOINTMENT AND ADMINISTRATION OF LOCAL PLUMBING INSPECTORS › Section 144-240-3 - APPOINTMENT OF LOCAL PLUMBING INSPECTORS

Current through 2024-29, July 17, 2024
A.
Municipal Appointment
. The municipal officials of each
				municipality must appoint one primary LPI, and, if they so choose, one or more
				alternate LPI(s) who may or may not be residents of the municipality for which
				they are appointed, and must hold the office for a period of at least one
				year.
B.
Appointments in
				Unorganized Areas
. The Department must appoint one primary LPI, and, if
				available, one or more alternate LPI(s) who may, or may not, be residents of
				the affected township(s) in the Unorganized Territories (LURC Territories),
				pursuant to 22M.R.S.A. §42(3-B).
C.
Considerations for
				Appointment
. The municipality or Department must appoint LPI's with
				consideration of the following criteria:
(1)
				Eligibility/experience. The individual seeking appointment must be duly
				certified by the SPO and eligible to be appointed as LPI.
(2) Availability. The LPI must provide
				adequate service and have sufficient time to serve the territory.
(3) Ability to inspect. The LPI must be
				physically able to access work sites to provide inspection and follow-up of
				violations for both internal and subsurface projects.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 240 - RULES FOR APPOINTMENT AND ADMINISTRATION OF LOCAL PLUMBING INSPECTORS › Section 144-240-4 - DUTIES AND POWERS OF LOCAL PLUMBING INSPECTORS

Current through 2024-29, July 17, 2024
A. The LPI must enforce all the provisions of
				the Plumbing Rules and the SSWD Rules. The LPI must respond to questions
				concerning the construction and the materials used in the installation of a
				system, except as may be specifically provided for by other requirements of the
				Plumbing or SSWD Rules.
B. The LPI
				must receive and review applications for disposal system permits and plumbing
				permits which may include variance review. The LPI must issue permits for the
				installation of systems and fixtures, inspect the premises for which a permit
				has been issued, and enforce compliance with the provisions of the Plumbing
				and/or SSWD Rules.
C. The LPI must
				issue all required notices or orders pertaining to removal of illegal or unsafe
				conditions, the requirement of necessary safeguards during construction, and
				compliance with all requirements of the rules for the safety, health, and
				general welfare of the public.
(1) Notice of
				violation. Such orders must direct the discontinuance of the illegal action or
				condition and, if appropriate, state procedures for the abatement of the
				violation.
(2) Prosecution. If the
				notice of violation and order are not complied with promptly, the LPI must
				request the legal counsel of the jurisdiction to institute the appropriate
				proceedings at law, or in equity, to restrain, correct, or abate such
				violation, or to require removal or termination of the unlawful use of any
				system in violation of the provisions of the rules or of the order or direction
				made pursuant thereto. Court Rule 80K ( 30-A M.R.S.A. §4453 ) may also be
				utilized, if the LPI is Rule 80K certified.
(3) Penalties. Any person who violates a
				provision of the rules, or who fails to comply with any of the requirements
				thereof, or who installs work in violation of an approved plan or directive of
				the plumbing inspector, or of a disposal system or internal plumbing permit
				issued under the provisions of the rules, must be subject to the penalties in
				30-A M.R.S.A. §4452.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 240 - RULES FOR APPOINTMENT AND ADMINISTRATION OF LOCAL PLUMBING INSPECTORS › Section 144-240-5 - PERMIT, INSPECTION FEES AND DISBURSEMENTS

Current through 2024-29, July 17, 2024
A. The minimum permit fees, assessed by
				municipalities, are listed in Table A. Municipalities may assess additional
				permit fees, above those listed in Table A, if authorized to do so by local
				ordinance, along with any monetary penalties assessed, pursuant to 30-A
				M.R.S.A. §4452(3). The entire additional permit and any penalty fees are
				retained by the municipality. Pursuant to Maine law, municipalities must retain
				75% of the minimum permit fees and must forward 25% to the Department (75% :
				25%).
B. Special fees and
				disbursements. There are additional special fees, which may be received by the
				municipality. These fees are:
(1) Late permit
				fee. A person who starts construction without first obtaining a permit must pay
				double the permit fee. Double fees charged are considered a minimum permit fee,
				and, therefore, the 75% : 25% disbursement applies.
(2) Additional inspections and fees.
				Inspections and fees, in addition to those mandated by the Rules, may be
				required by the LPI, by the adoption of a local ordinance. Additional
				inspections may also be required by the LPI, when work is found to be
				incomplete, or in non-compliance, or when access cannot be obtained at a
				prearranged date and time. In such cases, additional inspection fees may be
				assessed by the municipality. The entire additional inspection fee is retained
				by the municipality.
(3) Local
				variance review fees. Fees assessed for review of local variances, as listed in
				the Subsurface Wastewater Disposal Rules, 10-144 CMR 241, are considered part
				of the total permit fees. The variance review fee must be included in the total
				permit fee and disbursed in the 75% : 25% proportion.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 240 - RULES FOR APPOINTMENT AND ADMINISTRATION OF LOCAL PLUMBING INSPECTORS › Section 144-240-6 - DEPARTMENT LPI REVIEW

Current through 2024-29, July 17, 2024
A. The Department
				is responsible for ensuring the proper administration of the Subsurface
				Wastewater Disposal Rules and permitting processes by municipalities. The
				Department must assist municipalities in complying with these Rules.
B. The Department must review the
				administration of the Subsurface Wastewater Disposal Rules and laws in each
				municipality, for compliance with these Rules and with 30-A M.R.S.A.
				§3428. This review must be made on a regular basis and may be made in
				response to a written complaint from any person, as necessary. The Department
				must inspect the municipality's records and discuss the administration of the
				program with the LPI. The LPI must be available during the Department's review
				and cooperate in providing all necessary information. The Department must
				report the results of its review in writing to the municipality and, when
				applicable, to the complainant. The written notice must set forth the
				Department's findings of whether the municipality is in compliance with these
				Rules and 30-A M.R.S.A. §3428.
C. If, after review, the Department finds any
				violation of these Rules or 30-A M.R.S.A. §3428, it must notify the
				municipality that it has 30 days in which to take enforcement action and must
				specify what action must be taken in order to achieve compliance. The
				municipality must file a plan acceptable to the Department, setting forth how
				it will attain compliance. The Department must notify the municipality that it
				will review the municipality for compliance, within 60 days of accepting the
				plan and must conduct that review. Any municipality which fails to file an
				acceptable plan with the Department or which remains in violation at the
				expiration of the 60-day period, is subject to a civil penalty of at least
				$500. The Department must enforce this Section in any court of competent
				jurisdiction. Every 30-day period that a municipality remains in violation
				after review and notification constitutes a separate offense.
D. Proper administration means:
(1) Issuance of permits and collection of
				fees according to the Rules and procedures established by the
				Department.
(2) Inspection of
				internal plumbing and subsurface wastewater systems according to the Rules and
				procedures established by the Department.
(3) Resolution of Rule violations and
				correction of malfunctioning disposal systems through use of appropriate
				enforcement actions. See 30-A M.R.S.A. §4452.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 240 - RULES FOR APPOINTMENT AND ADMINISTRATION OF LOCAL PLUMBING INSPECTORS › Section 144-240-7 - REPLACEMENT AND REMOVAL OF LOCAL PLUMBING INSPECTORS

Current through 2024-29, July 17, 2024
A. Replacement of Local Plumbing Inspectors.
				The municipality or the Department in the Unorganized Territories must appoint
				a replacement plumbing inspector for those LPIs which may have retired,
				resigned, or otherwise may no longer serve in that capacity. The appointment
				must be in accordance with Section 3 of these Rules.
B. Removal of Local Plumbing Inspectors.
				Appointed LPIs may be removed from office, if the following occurs:
(1) Re-certification requirements, as
				established by SPO, were not completed. An individual LPI not meeting the
				re-certification requirements must be removed from office by the appointing
				municipality;
(2) Voluntary
				resignation. The LPI can voluntarily resign from the appointment; or
(3) Involuntary removal. An LPI may be
				removed from an appointment by the municipality/Department, due to disciplinary
				action or failure to perform duties and powers adequately, due to physical
				restrictions or incompetence, with due cause shown. If involuntarily removed,
				the LPI may request an administrative hearing, as provided by the Maine
				Administrative Procedures Act, 5 M.R.S.A., Chapter 375, by writing to the
				Department within 20 days of removal from appointment.
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 144-241-2 - INTRODUCTION

Current through 2024-29, July 17, 2024
A.
GENERAL
1. Scope: This rule governs the general
				regulation of all subsurface wastewater systems. No person may erect a
				structure that requires a subsurface wastewater disposal system until
				documentation has been provided to the municipal officers that the disposal
				system can be constructed in compliance with this rule.
2. Duties and powers of Local Plumbing
				Inspector: The Local Plumbing Inspector (hereafter, LPI) shall enforce all the
				provisions of this rule as a sworn agent of the municipal jurisdiction. He or
				she shall act on any question concerning the method or manner of construction
				and the materials to be used in the installation of a system, except as may be
				specifically provided for by other requirements of this rule.
3. Application for disposal system permits:
				The LPI shall receive applications for disposal system permits, issue permits
				for the installation of systems, inspect the premises for which such disposal
				system permits have been issued, and enforce compliance with the provisions of
				this rule. The LPI may delegate authority or responsibility for the review and
				approval of disposal permits to only those individuals who are also certified
				by the State of Maine as an LPI and authorized to perform LPI duties by the
				municipality.
4. Notices and
				orders: The LPI shall issue all necessary notices or orders pertaining to
				removal of illegal or unsafe conditions, the requirement of necessary
				safeguards during construction, and compliance with all requirements of this
				rule for the safety, health, and general welfare of the public.
5. Inspections: The LPI shall make all the
				inspections required this rule. The LPI may engage such experts as may be
				deemed necessary to report upon unusual technical issues that may arise,
				subject to the approval of the municipal officers.
6. Credentials: The LPI shall carry and
				display proper credentials of the office while inspecting any and all systems
				and premises in the performance of his or her duties. These credentials may
				include but are not limited to a badge, business card or other evidence
				demonstrating that the LPI is a licensed plumbing inspector for a particular
				municipality.
7. Annual report: At
				least annually, the LPI must submit to the municipal officers of the
				jurisdiction a written statement of code enforcement activities in form and
				content as shall be prescribed by such authority.
8. In accordance with
				38 MRS
				§413, other licenses from the Department
				of Environmental Protection may be required.
9. Contact Information: Contact information
				herein is accurate, as of the effective date of this rule. The Department may
				be contacted at
http://www.maine/gov/dhhs/eng/plumb/index.htm
,
				at (207) 287-5689, and at 286 Water Street, 3rd
				Floor, Augusta, ME 04333.
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 144-241-3 - ADMINISTRATION

Current through 2024-29, July 17, 2024
A.
DISPOSAL SYSTEM PERMIT
				REQUIREMENTS
1. Payment of fees: A
				disposal system permit may not be issued until the fees prescribed in Section
				4 have been paid.
2. Compliance with this rule: The disposal
				system permit is a license to proceed with work and must not be construed as
				authority to violate, cancel, or set aside any of the provisions of this rule,
				except as specifically stipulated by modification or legally granted variance,
				as described in the application for disposal system permit. See Section
				14 Variances, in this rule.
3. Compliance with disposal system permit:
				All work must conform to the plans, as shown on the application for which a
				disposal system permit is issued. This compliance requirement includes any
				approved amendments thereto.
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 144-241-4 - DISPOSAL SYSTEM PERMITS AND FEES

Current through 2024-29, July 17, 2024
A.
PERMIT REQUIRED
1. Disposal
				system permit required: Work must not be started until the LPI has issued a
				disposal system permit for the work. Installing a new, expanded, or replacement
				subsurface wastewater disposal system, or any individual components, requires a
				permit, except those activities specified in Section
				3. F.
2. Application for disposal system permit
				form: An application for a disposal system permit shall be made on forms
				provided or approved by the Department. Permit applications must be prepared by
				a licensed site evaluator for non-engineered systems, or a professional
				engineer or a licensed site evaluator for engineered systems. Except for
				replacement septic tanks and alternative toilets (other than pit privies),
				applications must be accompanied by a site evaluation report.. Such an
				application must include a description of the proposed work sufficient to
				demonstrate that it will meet the requirements of Section
				5. Permit applications must:
a. Be complete, with all applicable fields
				populated;
b. Be legible, prepared
				either on a computer or by hand, utilizing a permanent, non-erasable medium
				(e.g., pen);
c. Be signed by all
				parties, including the issuing LPI, the site evaluator (when applicable), and
				the property owner or their authorized representative; and
d. Include any applicable corrections in
				permanent ink and/or white correction product and initialed by the issuing
				LPI.
3. Description of
				work: The application for a disposal system permit must contain a description
				of the type of system, its location, the use of the structure for which the
				system is requested, and such additional information as may be required by
				Section 5, or by a
				municipal ordinance.
4. Amendments:
				Amendments to a subsurface wastewater disposal system permit, application for a
				permit, or any accompanying records, may be made at any time before work on the
				system is complete. Such amendments are deemed part of the original application
				for the disposal system permit and must be filed therewith.
5. Previous applications: A revision in this
				rule does not require changes in a subsurface wastewater disposal system
				design, provided a complete application for a permit has been submitted, or a
				permit has been obtained, prior to the rule revision. A subsurface wastewater
				disposal system design dated prior to the version of the rule in effect at the
				time of application submittal must be reviewed and updated, as necessary, by
				the site evaluator prior to the issuance of a permit. All unpermitted
				applications more than two years old must be reviewed by the site evaluator and
				updated as required.
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 144-241-7 - APPROVED MATERIALS AND EQUIPMENT

Current through 2024-29, July 17, 2024
A.
TREATMENT TANKS, DOSING TANKS, AND GREASE INTERCEPTORS
1. Scope: This Section governs the design,
				installation, repair, and maintenance of septic tanks, aerobic treatment tanks,
				dosing tanks, grease interceptors, post-septic tank effluent filters, and
				piping.
2. Abandoned septic tanks:
				The property owner or property owner's agent is responsible for seeing to it
				that the contents of all abandoned septic tanks are pumped and disposed of
				properly. The top or entire septic tank must be removed and the remaining
				portion of the septic tank or excavation must be filled immediately.
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 144-241-12 - QUALITY ASSURANCE AND QUALITY CONTROL

Current through 2024-29, July 17, 2024
A.
INSTALLATION
1. General: On sites
				with fine soil textures, excavations that expose the bottom and sidewall area
				of the disposal field must not be carried out when the soil moisture content is
				above the plastic limit, and except when correcting a nuisance, there is no
				practical alternative, the LPI agrees, and special construction techniques are
				used. The absolute plastic limit can be estimated by rolling the soil with the
				fingers. If the soil forms a wire or rod 1/8th of an inch in diameter and does
				not crumble when handled, the soil moisture content is too high to proceed with
				the excavation. Septic systems should not be installed when the seasonal water
				table is high.
2. Any excavation
				related to the installation of subsurface wastewater disposal systems must
				comply with Maine's Dig Safe Law at
				23 MRS
				§3360-A, which places certain
				notification requirements on any person performing excavations.
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 144-241-15 - INDEPENDENT THIRD PARTY INSPECTIONS OF DISPOSAL SYSTEMS

Current through 2024-29, July 17, 2024
A.
SCOPE:
This section governs
				the Department's minimum standards for the inspection of subsurface wastewater
				disposal systems in Maine, as required by
				22 MRS
				§42 (3-B). This section
				applies to independent third party subsurface waste water system inspectors
				certified by the Department.
B.
REQUIRED SYSTEM INSPECTIONS:
Subsurface wastewater disposal system
				inspections are required by Maine statute,
				30-A
				MRS §4216, for properties that include a
				subsurface wastewater disposal system located in the shoreland zone, when
				ownership of the property is transferred. This law requires that for such
				property transfers, an inspector certified by the Department must complete the
				inspection.
C.
SYSTEM
				INSPECTIONS NOT REQUIRED:
For properties not located in the shoreland
				zone, no disposal system inspection is required by Maine statute. Inspections
				of disposal systems not located in the shoreland zone initiated by a potential
				purchaser or for other reasons do not require that a person certified by the
				Department complete the inspection. Utilizing an inspector certified by the
				Department and the standards and procedures recommended in this rule should be
				beneficial to both the buyer and seller of properties outside the shoreland
				zone.
D.
DISPOSAL SYSTEM
				INSPECTION CONCEPTS:
The inspection of a subsurface wastewater disposal
				system be an objective evaluation of the components of a system leading to
				conclusions regarding the system's current condition. The inspection is not a
				guarantee of system performance or functionality at any time in the future. The
				results of disposal system inspections are not endorsed or certified by the
				Department or the State of Maine.
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 144-241-17 - STANDARDS AND PROCEDURES FOR INDEPENDENT THIRD PARTY INSPECTION OF SUBSURFACE WASTEWATER DISPOSAL SYSTEMS

Current through 2024-29, July 17, 2024
A.
GENERAL:
The following standards and procedures are the minimum
				necessary for subsurface wastewater disposal system inspections, including
				those located in the shoreland zone.
B.
SYSTEM DOCUMENTATION:
The
				inspector must obtain all relevant documentation for the disposal system to be
				inspected, which include the following:
1.
				The HHE-200 form.
2. Amendments to
				the design, by the site evaluator or LPI if applicable; and
3. Any variance forms approved by the
				municipality during the system's review and approval.
These forms may be obtained at no charge on the Department's
				  website or from the municipality in which the system is located. Documentation
				  must include the type and location of system components, the design flow of the
				  system and the use the system was approved. The system components identified
				  during an inspection must be consistent with the design and location
				  description on the HHE-200 form, or the inspection may be delayed.
The structure connected to the system must align with the
				  description within the HHE-200 form. For example, a structure with five
				  bedrooms should not be serviced by a subsurface wastewater disposal system
				  whose permitted design is for a three-bedroom home. A discrepancy such as this
				  one must be noted prominently on the inspection report. All requirements for
				  the design and installation of subsurface wastewater disposal systems are
				  governed by the rules in effect at the time of permit issuance. Prior versions
				  of this rule are maintained by the Department and are available on the
				  Department's website.
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 144-241-18 - APPEALS OF DEPARTMENT DECISIONS

Current through 2024-29, July 17, 2024
A.
GENERAL
1. This Section governs
				the means of appealing a decision made by the Department to the Maine
				Department of Health and Human Services Office of Administrative Hearings. A
				person aggrieved by a Departmental decision or action relating to
				implementation of its statutes and rules relating to the subject matter of this
				rule may pursue administrative or judicial recourse, in accordance with the
				Department's Administrative Hearings Regulations 10-144 CMR ch. 1, the Maine
				Administrative Procedure Act (5 MRS Ch. 375, Sub ch. 4), and Rule
				80C of the Maine Rules of Civil
				Procedure. Appeals of decisions made by local authorities must be made to the
				relevant municipal officials.
2. A
				person whose interest in abutting or adjacent property is directly affected by
				a decision or action of the Department is considered an aggrieved party
				entitled to bring an action challenging the validity of the decision. Appeals
				by an aggrieved party must 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 aggrieved party, may be
				filed.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 242 - RULES FOR CONVERSION OF SEASONAL DWELLING UNITS INTO YEAR ROUND RESIDENCES IN THE SHORELAND ZONE › Section 144-242-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Department:
The Department of
				Health & Human Services, Maine Center for Disease Control and Prevention,
				Division of Environmental Health.
B.
Design Flow:
The volume of
				wastewater upon which subsurface wastewater disposal systems are sized,
				expressed in gallons per day or gpd.
C.
DisposalSystems:
Subsurface
				wastewater disposal systems, as defined in 30-A M.R.S.A.
				§4201(5).
D.
LPI:
Local Plumbing Inspector.
E.
Principal dwelling or year-round residence:
A dwelling that
				existed on December 31, 1981, and that was used as a principal or year-round
				residence during the period from 1977 to 1981. Evidence of use as principal or
				year round residence includes, but is not limited to, (i) the listing of that
				residence as an occupant's legal residence for the purpose of either voting,
				filing a state tax return, or automobile registration; or (ii) occupancy of
				that dwelling for a period exceeding 7 months in any calendar year. ( 30-A
				M.R.S.A §4201 ).
F.
Rules:
Rules for Conversion of Seasonal Dwelling Units into
				Year-round Residences in the Shoreland Zone (CMR, Chapter 242).
G.
Seasonal dwelling:
A dwelling
				that existed on December 31, 1981, and which was not used as a principal or
				year-round residence during the period from 1977 to 1981. ( 30-A M.R.S.A.
				§4201 ).
H.
Shoreland
				Zone:
The shoreland zone of major waterbodies/courses (as defined in
				38M.R.S.A. §435 ).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 242 - RULES FOR CONVERSION OF SEASONAL DWELLING UNITS INTO YEAR ROUND RESIDENCES IN THE SHORELAND ZONE › Section 144-242-2 - GENERAL

Current through 2024-29, July 17, 2024
A.
Scope:
This section governs
				the conversion of seasonal dwelling units into year-round residences, if the
				onsite sewage disposal system serving the structure is within the shoreland
				zone.
B.
Exemptions:
This section does not apply to a dwelling that:
(1)
Occupation:
Will be occupied
				seasonally; or
(2)
Principal
				dwelling:
Is the principal dwelling, as defined in Section 1(F), of the
				occupant; or
(3)
Outside
				shoreland zone:
Uses a disposal system located outside the shoreland
				zone.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 242 - RULES FOR CONVERSION OF SEASONAL DWELLING UNITS INTO YEAR ROUND RESIDENCES IN THE SHORELAND ZONE › Section 144-242-3 - SEASONAL CONVERSION PERMIT

Current through 2024-29, July 17, 2024
A.
Seasonal
				conversion permit required:
Before converting a seasonal dwelling with a
				system located in the shoreland zone to a year-round or principal dwelling, a
				seasonal conversion permit must be obtained from the LPI (as required by 30-A
				M.R.S.A. §4215(2) ).
B.
Unorganized areas of the State:
Seasonal conversion permits for
				structures within unorganized areas of the State will be issued by the LPI, or
				the Department in coordination with the Maine Department of Conservation, Land
				Use Regulation Commission.
C.
Holding tanks prohibited:
A seasonal conversion permit may not be
				approved if a holding tank is used as a means of waste water disposal or
				storage. ( 30-A M.R.S.A. §4215(2) ).
D.
Permit for seasonal
				conversion:
The LPI must issue a permit for conversion of a seasonal
				dwelling to a year-round or principal dwelling if one of the following
				requirements is met:
(1)
Existing legal
				system:
A subsurface waste water disposal application, dated after July
				1, 1974, exists, showing that the dwelling's system substantially complies with
				the Maine Subsurface Wastewater Disposal Rules (10-144 CMR 241) in effect at
				the time of application, and applicable municipal ordinances. The system must
				have been installed with the required permit and a certificate of approval must
				have been issued;
(2)
Legal
				replacement system:
A replacement for an existing onsite wastewater
				disposal system has been installed, so that it complies with Section C of these
				Rules and applicable municipal ordinances; or
(3)
Public sewer available:
The
				dwelling unit's waste water is connected to an approved sanitary sewer
				system.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 242 - RULES FOR CONVERSION OF SEASONAL DWELLING UNITS INTO YEAR ROUND RESIDENCES IN THE SHORELAND ZONE › Section 144-242-4 - SUBSTANTIAL COMPLIANCE

Current through 2024-29, July 17, 2024
A.
General:
A system is deemed to be in substantial compliance with
				these rules, providing the requirements in this section are met.
B.
Municipal ordinances:
The
				system meets applicable municipal ordinances;
C.
Disposal field:
The disposal
				field meets the requirements of Table A;
D.
Septic tank:
The septic tank
				meets the sizing requirements of Table B;
E.
Site conditions:
The site
				meets the siting requirements in Table C; and
F.
Setbacks:
The setbacks meet
				or exceed the minimum horizontal setback distances in Table D.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 242 - RULES FOR CONVERSION OF SEASONAL DWELLING UNITS INTO YEAR ROUND RESIDENCES IN THE SHORELAND ZONE › Section 144-242-5 - MEANS OF APPEAL

Current through 2024-29, July 17, 2024
A. 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 laws, rules or procedures under 32 M.R.S.A. §1405 and these
				rules. Appeals of decisions made by local authorities must be made to the
				relevant municipal officials.
B.
Scope.
A person whose interest in abutting or adjacent property is
				directly affected by a decision of the Department is entitled to bring an
				action challenging the validity of the decision. Appeals by an aggrieved party
				must be based on adverse Department decisions affecting the 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 aggrieved party may be filed.
C.
Procedure for Filing an
				Appeal
Hearing requests must be directed to the Maine Center for
				  Disease Control , Division of Environmental Health, 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
				receiving the request, 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
				more than 30 days after the Department's decision.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 243 - MINIMUM LOT SIZE RULES › Section 144-243-1000.0 - MINIMUM LOT SIZE LAW

Current through 2024-29, July 17, 2024
1000.1
Scope:
This Chapter governs the administration of the Minimum Lot Size Law,
				 12 MRSA
				§4807
et seq
. Other
				regulations exist pertaining to minimum lot size in Shoreland Zoning for
				modular home parks.
1000.1.1
Local
				Plumbing Inspector Approval:
"A lot of less than the size required in
				§ 4807-A may be used for subsurface wastewater disposal if approved in
				writing by the duly appointed Local Plumbing Inspector for that municipality or
				unorganized territory, providing that the lot in question:
a has a current Application for Subsurface
				Wastewater Disposal (HHE-200) form, or equal, pursuant to rules of the
				Department, and
b can meet the
				provisions of a "First Time" subsurface wastewater disposal system, requiring
				no variances, and
c the system is
				not an engineered disposal system.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 243 - MINIMUM LOT SIZE RULES › Section 144-243-1001.0 - MINIMUM LOT SIZE AND FRONTAGE REQUIREMENTS

Current through 2024-29, July 17, 2024
1001.1
Minimum requirements:
No
				person shall dispose of wastewater by means of a subsurface wastewater disposal
				system, unless the lot meets the minimum lot size and frontage requirements in
				this Code.
1001.1.1
Single-family dwelling units:
A lot on which a single-family
				dwelling unit is located shall contain at least 20,000 square feet. If the lot
				abuts a lake, pond, stream, river, or tidal area, it shall have a minimum
				frontage of 100 feet on the water body and any greater frontage required by
				local zoning. For purposes of this Code, a single-family residential unit shall
				be determined to be 300 gallons per day of wastewater.
1001.1.2
Other land use activities:
Other land uses that generate wastewater shall require a lot containing
				at least 20,000 square feet and 100 feet of frontage for every 300 gallons per
				day of wastewater generated by the use. For wastewater generated in excess of
				300 gallons per day the lot shall be in the proportion of 20,000 square feet
				and 100 feet of frontage for every 300 gallons per day. Determine the minimum
				lot size and frontage required based on the requirements in this Section.
1001.1.2.1
Multiple unit housing:
For multiple unit housing, calculate the daily wastewater flows based on
				120 gallons per bedroom per day.
1001.1.2.2
Other new land uses:
For other new land use activities, calculate the daily wastewater flows
				based on the design flow requirements prescribed in Table 1.
1001.1.2.3
Other existing land uses:
For other existing land use activities, calculate the daily wastewater
				flows based on the design flow requirements prescribed in Table 1 or actual
				water meter readings as set forth in Section
				1002.0.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 243 - MINIMUM LOT SIZE RULES › Section 144-243-1002.0 - WATER USE RECORDS

Current through 2024-29, July 17, 2024
1002.1
Water
				meter records:
The design flow may be calculated by actual water meter
				readings, provided the following procedures are used:
1002.1.1
Acceptable records:
Copies of billing records of the service provider or from water meters
				certified to be accurate within 2% by the water district;
1002.1.2
One year minimum:
Continuous records over the period of at least one year (or other period
				acceptable to the Department);
1002.1.3
Like establishments:
Records from the applicant's demonstrated use of the facilities or from two or
				more like establishments.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 243 - MINIMUM LOT SIZE RULES › Section 144-243-1003.0 - WAIVER APPLICATIONS

Current through 2024-29, July 17, 2024
1003.1
Application required:
An application for a minimum lot size waiver
				is required for any subsurface wastewater disposal system on a lot not meeting
				the minimum area or frontage requirements of this Code unless grandfathered
				pursuant to Section 1000.6.
1003.2
Application form:
The application for a minimum lot size waiver
				shall be on the form prescribed by the Department (HHE-236). A completed
				application shall include the following:
1003.2.1 A signed and dated application
				form;
1003.2.2 A completed HHE-200
				form for an onsite sewage disposal system meeting First Time System criteria of
				the Maine State Plumbing Code, Subsurface Wastewater Disposal Rules (CMR 241)
				in effect at the time of application; and
1003.2.3 A review fee of
				$50.00.