10-144 C.M.R. ch. 241, § 4 - DISPOSAL SYSTEM PERMITS AND FEES

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.

B. DISPOSAL SYSTEM PERMITS

1. Action on application for disposal system permit: The LPI shall examine all applications for disposal system permits, and amendments thereto, after a complete application has been received. If the application for a disposal system permit does not conform to the requirements of this rule, and all pertinent laws, ordinances and regulations, including those administered by public water systems, or if it is considered incomplete, such application for a disposal system permit must be rejected by the LPI in writing within 14 days of receipt of the incomplete application, stating the reasons therefor. If the LPI is satisfied that the proposed work conforms to the requirements of this rule and all applicable laws, ordinances, and regulations, including those administered by public water supplies, the LPI must issue a disposal system permit as soon as practicable, but no later than 20 days from completion of review.

2. Transferable: A disposal system permit is transferable to successive property owners, provided that it has not expired, and no changes to the design are proposed.

3. Previous approvals: A revision in this rule does not require changes in a disposal system for which a permit has been issued or otherwise lawfully authorized, prior to the effective date of this rule.

4. Signature on disposal system permit: The LPI's signature by hand must be affixed to every disposal system permit. Pre-printed signatures or the substitution of a signature with initials are not acceptable.

5. Revocation: The LPI shall revoke a disposal system permit or approval issued under the provisions of this rule in the case of any false statement(s) or misrepresentation(s) of fact in the application for the disposal system permit, or on the plans on which the disposal system permit or approval was based.

6. Time limit: A permit is required for installation of a subsurface wastewater disposal system or components thereof. A permit is valid for work commenced within 24 months after the permit is issued. (See: 30-A MRS §4215).

7. Departures from the design: Departures from design criteria of a disposal area must be approved and signed by the site evaluator or professional engineer and the LPI. Such changes must meet or exceed the minimum requirements of this rule.

C. FEES

1. General: A disposal system permit to begin work for new construction or alteration must not be issued until the prescribed disposal system permit fee has been paid..

2. Fee schedule: Minimum disposal system permit fees assessed by municipalities are listed in Table 4A of this rule. Pursuant to 30-A MRS §4215(4), municipalities retain 75% of those minimum permit fees and must forward the remaining 25% to the Department, and must include a copy of the State issued permit. Review fees assessed by the Department are listed in Table 4B of this rule.

Note: Municipalities may assess additional permit fees that are greater than those listed in Table 4A, if authorized to do so by local ordinance, along with any monetary penalties assessed, pursuant to 30-A MRS §4452(3). The entirety of additional permit fees and any penalty fees are retained by the municipality.

3. Remittance of State 25% share of permit fees: The municipality must remit to the Department 25% of standard minimum fees collected for permits issued pursuant to Section 4(C)(2), accompanied by copies of said permits.

a. Payment must originate from the municipality, unless no municipal authority exists (i.e., an unorganized township). Personal or business checks from individuals or organizations other than the issuing municipality may not be accepted.

i. LPIs contracted by LUPC for services in the unorganized areas must remit the State's 25% share of permit fees via money orders or cashier's checks.

b. Remittances are to be made payable to "Treasurer, State of Maine".

c. Payments and copies of corresponding permits must be mailed or delivered to: Maine CDC Drinking Water Program, Subsurface Wastewater Unit " 286 Water Street, State House Station 11, Augusta ME 04333-0011.

TABLE 4A

MUNICIPAL AND LUPC TERRITORIES PERMIT FEE SCHEDULE

(Standard minimum fees to be paid to the municipality/LPI by the property owner or applicant upon issuance of permit)

NOTE - For permit fee total, a complete system may include 1-septic tank, 1-disposal field and 1-pump station.

Additional components in the design are subject to fees adding to the permit total.

Permits for Complete Disposal System and Variance

Disposal System Design	Minimum Fee	State Portion (25%) of Minimum Fee
Complete engineered system	$200.00	$50.00
Complete non-engineered system	$250.00	$62.50
Primitive system (includes one alternative toilet)	$100.00	$25.00
Separate grey waste disposal field	$35.00	$8.75
Seasonal conversion permit	$50.00	$12.50
First-Time System Variance	$20.00	$5.00

Permits for Separate Parts of Disposal System

Component	Minimum Fee	State Portion (25%) of Minimum Fee
Alternative toilet (only)	$50.00	$12.50
Disposal field only (engineered system)	$150.00	$37.50
Disposal field only (non-engineered)	$150.00	$37.50
Septic tank only (non-engineered)	$150.00	$37.50
Septic tank only (engineered)	$80.00	$20.00
Holding tank	$100.00	$25.00
Advanced Treatment Unit - Tank Advanced Treatment Unit " Component	$150.00 $30.00	$37.50 $7.50
Other components (complete pump station, piping, other)	$30.00	$7.50

a.) Late permit fee: A person who starts construction without first obtaining a disposal system permit must pay double the permit fee indicated in Table 4A. The Department will collect 25% of the standard minimum fee only, as stipulated in the fee schedule.

b.) Additional inspection fee: Inspections and fees, in addition to those mandated by this rule, may be required by the LPI, through adoption of a local ordinance. Additional inspections may also be required by the LPI when work is found to be incomplete at a prearranged inspection, when work is found to be unsatisfactory, or when access cannot be obtained at a prearranged date and time. In such cases, additional inspection fees may be assessed by the municipality, with the entire additional fees being retained by the municipality.

TABLE 4B

DEPARTMENT REVIEW FEE SCHEDULE

(Fees to be paid directly to the Department)

Engineered system review	$100.00
Minimum lot request review fee	$50.00
Multi-user review fee	$100.00
Licensed Establishment Review	$20.00

D. MUNICIPAL RECORDS

1. Required: The municipality must keep official records of applications for disposal system permits received, disposal system permits, and certificates issued, fees collected, reports of inspections, and notices of violation and correction orders issued.

2. Record retention: The disposal system permit and associated records must be maintained until such time as the realty improvement served by the proposed or existing system is removed or connected to a public sewer.

3. Record availability: These records must be available upon request for inspection by the Department and the public.

4. Associated records: The municipality must also maintain and keep on file copies of the following documents:

a. Applications: Applications for disposal system permits and plans and specifications for the construction, installation or alteration of systems, including all forms and data submitted by the applicant;

b. Modifications: Modifications to plans or applications made subsequent to the issuance of a disposal system permit to construct, install, or alter systems;

c. Inspections: Reports of construction inspections made prior to issuance of a certificate of approval for a system;

d. Certificates of approval (HHE-238): Certificates of approval completed for inspections of systems; and

e. Malfunctioning systems: Inspection reports, plans, and specifications for repair or alteration of malfunctioning systems or components of malfunctioning systems.

E. LOCAL ORDINANCE

1. General: The municipality may adopt local ordinances, pursuant to its home rule authority, as provided by 30-A MRS §4211.

2. Definition: For the purpose of this rule, the term "local ordinance" means any municipal ordinance that is more restrictive than any provision in this rule.

3. No less stringent: The municipality shall not adopt an ordinance that is less stringent than this rule.

4. Notification: In order for the Department to keep track of local requirements that may differ from the minimum requirements contained herein, any municipality that adopts a local ordinance must send a copy of the locally approved ordinance to the Department.

F. APPROVED SYSTEM USAGE

No system may be used, nor any wastewater be directed, to any system or components thereof, until final approval has been issued, or the LPI has issued a temporary authorization of use, in compliance with Section 12(J)(2) of this rule.

G. UNORGANIZED AREAS

1. Scope: This Section governs the appointment of LPIs and the administration of this rule in unorganized portions of the State of Maine where there is no local form of government.

2. LPI appointment: The Department will appoint LPIs in the unorganized areas, pursuant to 22 MRS §42(3-B). The appointed LPI is responsible for performing all the administrative and enforcement duties prescribed in this Section.

3. Lack of LPI: If an LPI has not been appointed, the following procedure is followed:

a. Permit issuance: The Department will perform all administrative and enforcement duties prescribed in Section 3(H).

b. Installer's statement of compliance: The Department will provide an HHE-238A form for the site evaluator to give to the homeowner, or the homeowner's agent, at the time of the site evaluation. The form will allow the installer, site evaluator or inspector, in the case of an engineered system or a multi-user system, to provide a written statement to the owner, or agent, that the system was installed in compliance with this rule and the conditions of the permit. This form must then be sent to the Department.

Notes

10-144 C.M.R. ch. 241, § 4