10-144 C.M.R. ch. 241, § 2 - INTRODUCTION

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, 3^rd Floor, Augusta, ME 04333.

B. AUTHORIZED DESIGNERS

1. Non-engineered systems: Non-engineered systems must be designed by a Maine-licensed site evaluator.

2. Engineered systems: A site evaluator licensed in Maine must provide observation hole logs and soil profile descriptions as described in Section 11(C)(4) for engineered systems. A professional engineer, licensed in Maine, shall design engineered systems, and may consult with the site evaluator.

C. DESIGN REQUIREMENTS

1. All systems: In designing any system, the site evaluator and/or professional engineer shall consider lot size and configuration, slope, surface drainage, soil characteristics, the presence and depth of limiting horizons within the soil, soil permeability, type and organic loading rates of wastes, (BOD and TSS), and the projected design flow.

2. Types of wastes: Systems must be designed to receive all wastewater from the structure served, except in the following cases:

a. Black or grey wastewaters only: Separate systems may be designed to receive only grey wastewater, or only black wastewater, as allowed in Section 5.

b. Laundry wastes: Laundry wastes from a single-family dwelling may be discharged into a separate laundry disposal field. See Section 5(P).

c. Hot tubs: Hot tubs must not discharge into any disposal system utilized for any other wastewater but may be discharged into a grey water disposal system.

D. PROHIBITIONS

1. Chemicals, other than normal amounts of household cleaners, must not be disposed of in the disposal field. Examples of prohibited chemicals include, but are not limited to, pesticides, oil-based paints or stains, paint remover, paint thinner, acids, gasoline, solvents, glues and adhesives, pool chemicals, paint, paint thinner, commercial grease and oil, darkroom chemicals, and medications, see 38 MRS §413. The use of system cleaners that contain such restricted chemical materials is deemed a discharge of pollutants and is prohibited.

2. Roof drains and foundation drains: Roof drains and foundation drains must not be connected to systems.

3. The use of septic tank cleaners and degreasers prohibited: The Department does not recognize any additive as being beneficial to the operation of a subsurface wastewater disposal system. The use of septic tank additives containing halogenated hydrocarbon compounds is prohibited.

4. Structures: No portion of a structure is allowed to be located on or over any part of a disposal system.

5. If a municipality has not adopted a holding tank ordinance under Section 8 and Appendix A, holding tanks for residential first-time use are not allowed within that municipality. 7

6. Public Sewer connection is necessary if a public sewer system is within 200 feet, as required by 38 MRS §1160, or when required by municipal ordinance, pursuant to 30-A MRS §3405.

E. FLOOR DRAINS

1. Discharges from floor drains potentially adversely affects a system because of their potential volumes and different pollutant characteristics; therefore, the following requirements must be followed to protect health and safety:

a. Floor drains must be connected to a subsurface wastewater disposal system if:

i. The disposal area is properly sized to handle the potential flow from the drains;

ii. There is no significant potential for discharge of industrial, hazardous, or toxic liquids or pollutants;

iii. The floor drain is necessary for the discharge of wash water or other wastewater which has constituents similar in volume and similar in concentration to domestic wastewater (including animal or vegetable matter, soap solutions, and diluted domestic-use cleaning solutions) or at a lower wastewater strength; and

iv. Connection to a public sewer is not available.

b. Floor drains must not be connected to a subsurface wastewater disposal system, if there is a significant potential for industrial, hazardous or toxic liquids or pollutants (including gasoline, oils and degreasers) to drip, be spilled or washed into the floor drains.

F. LICENSED ESTABLISHMENTS

1. Applicability: This Section applies to all establishments licensed by the Department's Health Inspection Program, Drinking Water Program, or Educational and Occupational Health Program, that utilize subsurface wastewater disposal systems.

2. Department review required: The LPI shall not issue a permit for a new, expanded, or replacement system serving a licensed establishment without prior approval from the Department.

3. Conditions requiring review: The following changes to a licensed establishment's status require a review of the subsurface wastewater disposal system by the Department:

a. The planned installation of a new, expanded, or replacement system; or

b. A planned increase in the licensed establishment's capacity.

4. Review Submission: The owner of the establishment shall submit the following items to satisfy the requirements of Section 2(G)(3).

a. A clear description of the past, present, and intended future use of the establishment; and

b. A description of any existing subsurface wastewater disposal systems proposed for use; and

c. A copy of the HHE-200 form for any new, expanded, or replacement systems; and

d. The review fee listed in Table 4B of this rule.

G. FORMS

All subsurface wastewater disposal system permit applications (HHE-200 Forms) and supporting forms must be in a format and contain content prescribed by the Department. All applications and forms including, but not limited to, HHE-200 Forms must be the current revision as specified by the Department, at the time of completion. Alterations to the format and content of the Department's forms are not allowed, except that additional pages may be added as necessary for any individual design.

Notes

10-144 C.M.R. ch. 241, § 2