10-144 C.M.R. ch. 241, § 16 - INDEPENDENT THIRD PARTY INSPECTOR CERTIFICATION

A. SCOPE: This section provides the minimum requirements for the Department to certify inspectors to perform disposal system inspections when a subsurface wastewater disposal system is located in the coastal Shoreland zone, as required in 30-A MRS § 4216.

B. DISPOSAL SYSTEM INSPECTIONS IN THE SHORELAND ZONE: Inspections of subsurface wastewater disposal systems located in the coastal Shoreland zone are required to comply with 30-A MRS §4216 and must be performed by a person certified by the Department.

C. CERTIFICATION REQUIREMENTS: Commencing on the effective date of this rule, disposal system inspectors must be certified by a nationally recognized organization approved by the Department that trains and certifies individuals to perform disposal system inspections. The Department will maintain a list of approved national certifications and update this list, as additional organizations are proposed to the Department for review and approval. Commencing on July 1, 2023, certification also requires that applicants submit a completed written examination consisting of 25 questions derived from this rule of which 20 must be answered correctly. The examination will be available on the Department's website or by request, is an open book exam, and is intended to be completed at home to ensure that the applicant has reviewed and is familiar with the standards for disposal system design, permitting, installation and proper functioning. This examination is required of all applicants for certification, who are not licensed by the Department as site evaluators.

D. PRIOR CERTIFICATION: All disposal system inspector certifications issued by the Department prior to July 1, 2022 will expire on June 30, 2023. Holders of certifications issued prior to July 1, 2023 are required to obtain a Department approved national certification and pass the written examination prior to June 30, 2023, in order to continue certification.

E. SITE EVALUATORS: Individuals licensed by the Department as site evaluators may be certified upon request as disposal system inspectors. No additional certifications or examinations are required.

F. STATE AND NATIONAL CERTIFICATION: The Department may approve any state or national certification that it determines as providing training and knowledge regarding the inspection of subsurface wastewater disposal systems that meet or exceed the standards and practices found in this rule. For additional information please see, https://www.maine.gov/dhhs/mecdc/environmental-health/dwp/index.shtml

G. OPEN BOOK EXAMINATION: Applicants must complete the open book examination posted on the Department's website and submit results with their application for certification. Answering 20 out of 25 (80%) questions correctly will be considered a passing grade on the examination. All questions in the exam will be derived directly from this rule. Applicants may utilize this rule to determine correct answers to exam questions.

H. APPLICATIONS FOR CERTIFICATION: Applicants must submit a copy of their current and valid approved national certification, a completed open book examination, and a completed application for certification to the Department, to receive certification. Applicants with a current and valid approved national certification, a completed open book exam with a score of at least 80%, and a completed application form will be certified as disposal system inspectors by the Department.

I. CERTIFICATION RENEWAL: Department certification as a disposal system inspector is valid for up to three years. Each holder of certification as a disposal system inspector must earn a minimum of 12 Department approved professional development hours within each certification period, in order to obtain certification renewal. Applications for renewal must be made on a form provided by the Department and must include evidence that the required national inspector certification remains valid and in effect.

J. RECIPROCITY: The Department may issue a certification after successful completion of the open book exam to any person who holds a comparable registration, certification or license in any state, territory or possession of the United States or any country, if the Department determines that the requirements for registration, certification or licensure of wastewater disposal system inspectors under which the person's registration, certification or license was issued do not conflict with this rule.

K. FEES: There are no fees associated with Department certification as a disposal system inspector.

Notes

10-144 C.M.R. ch. 241, § 16