10-144 C.M.R. ch. 241, § 13 - DISPOSAL SYSTEM INSTALLATIONS ADJACENT TO WETLANDS AND WATER BODIES

A. INTENT AND RESPONSIBILITIES

1. No Further Permits Required: The filling, alteration of, or work adjacent to, wetlands and waterbodies for activities associated with the installation of subsurface wastewater disposal systems, is allowed, provided it is done in accordance with the requirements of this rule pertaining to work adjacent to, or within, wetlands and water bodies including the installation criteria in Sections 13(B)(4) and 13(C). This rule has been designed to ensure that no permitting is required for the installation of subsurface wastewater disposal systems, unless DEP - NRPA or Shoreland Zoning, or LUPC standards are exceeded. There are three general requirements for subsurface wastewater disposal systems in close proximity to water bodies/courses: Maintain component setbacks as described in Sections 8 and 9, as appropriate; Comply with setbacks for clearing, vegetation removal and soil disturbance described in Section 13(B); and Follow the requirements for installation and erosion control, as described in Section 13(C).

Special Note: DEP or LUPC permits are not required for the installation of subsurface wastewater disposal systems designed and installed in accordance with this rule, without the need for a variance from the Department. DEP, LUPC and or ACOE permits may be required for the installation of subsurface wastewater disposal systems that are granted a variance by the Department. Failure to meet setback, erosion control, vegetation clearing, or soil disturbance standards may result in enforcement action by the appropriate state or local agency with jurisdiction. Questions/issues must be directed to, and resolved by, DEP, LUPC or municipal officials prior to installation, and the approval must be demonstrated to the site evaluator that the site location is correct. Municipalities may adopt Shoreland Zoning requirements more stringent than the requirements described below.

a. First-Time Subsurface Wastewater Disposal Systems: First-time systems for previously undeveloped lots and other lots that do not qualify for replacement system criteria, installed in accordance with this rule pertaining to work adjacent to, or within, wetlands and water bodies, including the installation criteria in Sections 13(B)(4), 12(B)(5) and 12(C), do not require additional permits from the DEP (NRPA) or LUPC and are in accordance with Guidelines for Municipal Shoreland Zoning Ordinances. First-time systems that do not meet the minimum requirements of this rule pertaining to work adjacent to, or within, wetlands and water bodies, including first-time systems that are granted a variance by the Department, may need a permit from DEP, LUPC and/or ACOE.

b. Replacement Subsurface Wastewater Disposal Systems: Systems designed to replace legally existing systems on previously developed lots are allowed to be installed within, or closer to, wetlands and water bodies than specified for first-time systems, without the need for additional permits from DEP, LUPC and/or ACOE, provided that there are no practical alternatives, the installation meets the criteria in Sections 13(B)(4), 13(B)(5) and 12(C), and the reductions to the standards for first-time systems are minimized to the extent practical as required by this rule. DEP, LUPC and/or ACOE permits may be required for the installation of subsurface wastewater disposal systems that are granted a variance by the Department.

2. Additional Permits May Be Required: Work not in accordance with this rule, or work not associated with the installation of a subsurface wastewater disposal system, that occurs in, or adjacent to wetlands and water bodies, may require permits from DEP, LUPC and/or ACOE. All auxiliary development associated with First-Time systems (e.g. buildings, driveways, parking lots, detention areas, general lawn and clearing not part of the subsurface wastewater disposal system) are subject to all DEP, NRPA and Shoreland Zoning and LUPC Rules.

B. INSTALLATION STANDARDS

1. Minimum standards for work adjacent to water bodies/courses requiring a 75-foot disturbance free buffer: All ground disturbance or clearing of woody vegetation necessary for the installation of a subsurface wastewater disposal area must maintain a minimum setback of 75 feet from the normal high water mark of the following water bodies/courses except as allowed in Section 13(A)(1)(b):

a. Tidal Waters

b. Coastal Wetlands

c. Great Ponds

d. Rivers

e. Streams and outlets of Great Ponds

f. Non-Forested Wetlands of 10 acres or more including wetlands adjacent to ponds if the wetlands and pond total 10 acres or more in size

g. All water courses located inside the Shoreland Zone or equivalent LUPC district (this is the only "Minor" water course that requires a 75-foot disturbance free buffer, and only when located inside the Shoreland Zone)

All work must comply with this rule pertaining to work adjacent to or within wetlands and water bodies including Sections 13(B)(4) and 13(C), unless a variance is granted by the Department.

2. Minimum standards for work adjacent to water bodies/courses requiring a 25-foot disturbance free buffer: All ground disturbance or clearing of woody vegetation necessary for the installation of a subsurface wastewater disposal area must maintain a minimum setback of 25 feet from the normal high water mark of the following water bodies/courses except as allowed in Section 13(A)(1)(b):

a. Water bodies less than 10 acres in size, including adjacent non-forested wetlands

b. Water courses located outside the Shoreland Zone from the point where they become a water course to the point where they become a stream or major water body (perennial streams before they merge and become a "stream" as defined are the only "Major" waterbodies/courses that have a 25- foot disturbance free buffer, and only when located outside any shoreland zone).

c. Wetlands consisting of or containing at least 20,000 square feet, but not more than 10 acres in total, of aquatic vegetation, emergent marsh vegetation, peat lands dominated by shrubs, sedges and sphagnum moss or open water outside the shoreland zone.

All work must comply with this rule pertaining to work adjacent to or within wetlands and water bodies including Sections 13(B)(4) and 13(C).

3. Minimum standards for work adjacent to, or within, wetlands that are not major or minor water bodies/courses: When work is performed adjacent to, or within, wetlands that are not Major or Minor water bodies or water courses, the following apply:

a. For wetlands of special significance not included in Major or Minor water bodies/courses, no setbacks are required for clearing, alteration or grading. No filling of the wetland is allowed without a permit from the appropriate regulatory agency. Alterations of a wetland of special significance, necessary for the installation of a subsurface wastewater disposal system, are allowed provided that they comply with this rule pertaining to work adjacent to or within wetlands and waterbodies including Sections 13(B)(4) and 13(C).

b. No setbacks are required for clearing, filling or grading from wetlands that are not Major or Minor water bodies/courses or wetlands of special significance referenced in Section 13(B)(3)(a).

c. For wetlands that are not major or minor waterbodies/courses or wetlands of special significance, up to 4,300 square feet of alteration, including the subsurface wastewater disposal system and all other wetland alterations on a single property, in total, may be allowed without a permit (property owners should consult with the appropriate regulatory agency). For cumulative wetland alterations of more than 4,300 square feet, permits are required from the appropriate regulatory agency.

4. Stream and wetland crossings: Stream and wetland crossings necessary for the installation of a subsurface wastewater disposal system must be done in accordance with this subsection.

a. Sewer lines or effluent lines crossing a stream must be placed within a conduit or sleeve to prevent the need to re-excavate the stream in order to make repairs.

b. The trench in and adjacent to a wetland must be refilled with the material that was removed during excavation in the reverse order in which it was removed (topsoil and sod or organic duff on top). If the natural organic mat is not sufficient to prevent erosion and sedimentation, erosion control mulch must be applied to the trench surface. Residual excavated material must be removed from the wetland (except where wetland filling is allowed) or waterbody and properly stabilized. Pipe bedding material such as stone or sand may be used, provided that clay dams or synthetic boots are used as appropriate to prevent the wetland draining through the bedding material.

c. Any trench excavation that occurs within a stream must be performed either during a period when no water is flowing or utilize a dry crossing method such as diverting water flows by a coffer dam and pumping around the area of excavation. The trench width in any natural resources must be no wider than necessary to install the pipe.

d. Wheeled or tracked equipment may not operate in the water. Equipment operating on the shore may reach out into the water with a bucket or a similar extension. Equipment must cross streams on rock, gravel or ledge bottoms or a constructed crossing such as a temporary bridge for soft stream bottoms.

e. Unless adequate natural conditions are present (tree roots, stumps, surface stoniness or dry conditions), provisions shall be made to prevent rutting of wetland soils and destruction of wetland vegetation (except for wetland areas that are lawns or fields) such as by the use of timber mats, blasting mats, logs, pallets or slash.

f. Any debris or excavated material must be stockpiled either outside of the non-lawn or field wetland or on mats or platforms within the wetland.

g. Temporary roads constructed of fill are not allowed in the resource (except for lawn or field wetlands) except that fill may be used on top of mats or platforms for equipment access.

5. Steep slopes: For sites with sustained slopes steeper than three feet horizontal to one foot vertical (33%) within 25 feet from a protected natural resource. If a sustained slope of 33% or greater exists less than 25 feet from a protected natural resource, it does not count toward the 25-foot setback. Sustained slopes greater than 3:1 may be part of the 75-foot setback, but cannot be counted as part of the 25-foot setback.

C. EROSION CONTROL

1. Erosion and sediment control measures: Erosion and sediment control measures must be in accordance with the March 2003 edition of the Maine DEP Handbook "Maine Erosion and Sediment Control BMPS" (DEPLW0588).

2. Erosion control barriers: Prior to the start of a soil disturbance activity, erosion control measures such as staked hay bales, silt fence or erosion control mulch berms, must be properly installed and maintained for the duration of the project, to prevent sedimentation of the resource. Silt fence installed within a wetland shall not be trenched but shall have the fabric anchored down by placing stone on it.

3. Runoff Diverted: Upland surface water runoff must be diverted around all soil disturbance activities.

4. Temporary erosion control measures: Mulch or other temporary erosion control measures must be applied within 7 days of exposing the soil and prior to any storm event and must be maintained until site work commences again or until permanent stabilization measures are applied.

5. Time Limit: All soil disturbance activities must be stabilized as soon as practical, upon activity completion.

6. Wetland and Buffer Area Disturbance: Wetland and/or buffer vegetation must not be destroyed or permanently removed, unless authorized by this rule. If wetland vegetation is disturbed or removed without prior authorization during the project, it must be re-established immediately upon completion of the work and must be maintained. This standard does not apply to fill or disposal areas required for replacement of wastewater disposal systems.

Notes

10-144 C.M.R. ch. 241, § 13