10-144 C.M.R. ch. 241, § 8 - FIRST-TIME SYSTEMS

A. SETBACKS AND SITING FOR FIRST-TIME DISPOSAL SYSTEMS

1. General: Any system, other than replacement systems as defined by this rule, designed to serve a specific structure or property is a first-time system. The minimum horizontal setbacks between first-time disposal system components and site features are set forth in Table 8B, except as otherwise authorized in this Section.

2. Reductions in Setback Distances between a First-Time Disposal System and a Private Potable Water Supply: If a site evaluator determines that it is impractical to install a first-time disposal system which is designed to handle 1,000 gpd or less, at least 100 feet from a potable water supply, the LPI may authorize the setback reductions set forth in Table 8A, provided that reductions are minimized.

TABLE 8A

Reduction in setbacks between a Private Potable Water Supply and a disposal field with a design flow of less than 1,000 gpd

Depth of well casing or liner seal below ground level	Reduction in the minimum 100 ft setback distance
40 feet	90 feet
55 feet	80 feet
70 feet	70 feet
90 feet	60 feet

3. Additional Setback Reductions Between First-Time Disposal Systems and Site Features other than Private Potable Water Supplies which may be Authorized by the Department: If a site evaluator determines that it is impractical to install a first time disposal system in accordance with Table 8B, the Department may authorize additional setback reductions, provided that the site conditions and ground water flow are such that the disposal system design will offer at least as much protection as would be expected using the setback distances prescribed in Table 8B.

4. Disposal fields installed completely in the original ground: If the disposal field is completely installed in original ground, the backfill material must completely cover the disposal fields. The disposal field must be adequately crowned on level disposal fields (3 percent minimum grade) to allow for settling so that surface water will be allowed to drain from the site without ponding.

5. Disposal fields installed partially in or above the original ground: Disposal fields installed partially in or above the original ground must meet the following requirements:

a. Extent of backfill material: The fill layer must include any backfill beneath the disposal field, the shoulders, and the fill extensions surrounding the disposal field on all sides.

b. Shoulder width and slope: The minimum required shoulder width is 3 feet. The finished grade of the shoulder must be sloped at 3% away from the disposal field or conform to the slope of the finish grade of the disposal field.

c. Fill extension: At the outside edge of the shoulder, the backfill material must be terminated by sloping the top of the backfill layer downward at a slope of at least 4 horizontal feet for each vertical foot drop (25% slope) to the original ground.

i. The fill extension must reach the existing ground before an existing ground slope of 3:1 (33%) or within 100 feet horizontal distance of the disposal field; or

ii. A retaining wall of no more than 24 inches in height that is located no less than 10 feet horizontal distance from the outer edge of the shoulder. This provision applies only to soils with AIII, B, or C limiting factor conditions, located beneath and down slope of the disposal field.

B. SEASONAL CONVERSIONS

1. Scope. This sub-section describes the requirements for conversion of seasonal dwelling units into year-round residences, if the system serving the structure is within the shoreland zone areas of major waterbodies/courses. These requirements are intended to complement municipal planning, zoning, and land use control. The LPI may issue a Seasonal Conversion Permit for any structure served by a subsurface wastewater disposal system that meets replacement system criteria as set forth in Section 9, including any variances granted pursuant to Section 14. All other seasonal conversion requests must be approved by the Department.

2. Seasonal Conversion Permit

a. A seasonal conversion permit is required before converting a seasonal dwelling into a year-round or principal dwelling, whenever a subsurface wastewater system is located in the shoreland zone. A seasonal conversion permit must be obtained from the LPI (as required by 30-A MRS §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 Planning 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 MRS. §4215(2)).

d. Permit for seasonal conversion: The LPI is authorized to issue a permit for conversion of a seasonal dwelling to a year-round or principal dwelling if one of the following requirements is met:

i. Existing legal system: A subsurface waste water disposal application exists, showing that the dwelling's system meets replacement system criteria 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;

ii. Legal replacement system: A replacement for an existing onsite wastewater disposal system has been installed, so that it complies with Section 9 and applicable municipal ordinances; or

iii. Public sewer available: The dwelling unit's waste water is connected to an approved sanitary sewer system.

C. HOLDING TANKS

1. General

A holding tank is a closed, watertight, non-discharging structure, designed and used to store wastewater for periodic removal via pumping, in lieu of a subsurface wastewater disposal system. Holding tanks are designed and constructed to facilitate ultimate disposal of wastewater at another site. Holding tanks are allowed for first-time systems under limited conditions, pursuant to Sections 8(C)(4), 8(C)(5), and 8(C)(6), and are subject to the following provisions:

a. Annual pumping required: Every holding tank must be pumped at least once per year, if the system has been used at all during that year.

b. Seasonal conversion not permitted: Holding tanks may not be used to satisfy the requirements for a Seasonal Conversion Permit under 30-A MRS §4215 (2).

c. Holding tanks may not be used as a first-time system located within the shoreland zoned area of major water courses.

d. Water use monitoring: LPI may require the installation of a water meter to monitor the flow to the holding tank.

e. Reporting: The owner or agent for the owner of a holding tank shall retain for a period of three years the copies of the pumping records, water use records (if required) and the current agreement between the owner and tank pumper. A copy of these records must be made available to the LPI upon his/her request.

f. Holding tank specifications: Newly installed holding tanks must be constructed of the same materials and to the same structural specifications as septic tanks, as specified in Section 7C. They must be either:

a) of monolithic construction (effective May 1, 1999) below the top of the inlet to the holding tank; or

b) sealed at the joint with a non-water soluble compound and all holding tanks must have, at a minimum, an 18-inch diameter cleanout cover and a 13-by-17-inch inspection cover over the inlet. Risers are required to grade.

g. Installation: Holding tanks must be installed in accordance with Section 8.

h. Setbacks: Must meet the setback requirements for treatment tanks.

i. Alarm provisions: The holding tank must have visual and audible alarm devices to assure the tank is always pumped before it is full.

j. Number and size of holding tanks: The installation must have a minimum capacity of at least 7 times the daily flow, but not less than 1,000 gallons. Multiple tanks must be installed in series.

k. Water conservation: The plumbing in the structure optimizes water conservation and all water closets meet or exceed ASME standard A112.19.2 (1.6 gallons per flush maximum).

l. Discontinuance of Holding Tank: Any structure which utilizes a permanent holding tank permitted after July 1, 1974, as a first-time system, is required to meet first-time criteria for alternate means of subsurface wastewater disposal.

2. Application Procedure

a. LPI approval: A holding tank application requires LPI approval.

b. Application for a holding tank: A completed application for a holding tank prepared by a site evaluator must contain the following: an HHE-200 Form; and a completed holding tank agreement (HHE-233), with the necessary owner and municipality statements.

3. Requirements For Approval

a. LPI Approval: The LPI may approve the permanent use of a holding tank under the following conditions:

i. Required by other regulation: A local ordinance or Private and Special Law requires that a holding tank be used for wastewater, or

ii. First-Time System: The Municipality has adopted the model holding tank ordinance in this rule for first-time systems; and

iii. No practical alternative: Due to site conditions, lot configuration, or other constraints, the installation of a system, in full compliance with this rule, is not achievable without the employment of extraordinary measures or extraordinary cost; and

iv. Public sewers not available: Public sewers and/or multi-user systems are, by practical means, not immediately available; and

v. Water conservation: The plumbing in the structure will be modified for maximum water conservation, and all water closets must meet or exceed ASME A112.19.2 for 1.6 gallons per flush.

vi. Deed Covenant: A deed covenant (HHE-300) is required for any residential structure served by a holding tank. At a minimum, the covenant must include a statement that a holding tank is serving the structure for the disposal of human sewage and wastewater. The aforementioned statement must be a separate standalone section or paragraph.

4. Applications With Holding Tank Local Ordinance. Holding tank applications that are governed by a local ordinance are required to comply with the following provisions:

a. LPI approval: The LPI may approve the permanent use of a holding tank for fewer than 2,000 gpd as a first-time system, provided all requirements of this rule are met. Holding tanks for flows of 2,000 gpd or more must be reviewed by the Department.

b. Local ordinance: The municipality has a holding tank ordinance and has adopted this Section or an ordinance with similar or stricter provisions as the model ordinance in Appendix A, a copy of which has been sent to the Department.

5. Applications Without Holding Tank Local Ordinance. Holding tank applications without any governing local ordinance are subject to the following provisions:

a. Residential First-Time Use Prohibited: If the municipality has not adopted a holding tank ordinance under Section 8(C)(4) and Appendix A, then holding tanks for residential first-time use are not allowed and will be denied.

b. Non-Residential Use Approval Criteria: The LPI may approve the permanent use of a holding tank for non-residential structures without a governing local holding tank ordinance, provided all of the following requirements are met:

i. Use: The facility served must not require a license as an eating establishment from the Department's Health Inspection Program.

ii. Design Flow: The flow must not exceed 100 gallons per day or 500 gallons per week. Flows greater than 100 gallons per day or 500 gallons per week must be referred to the Department for consideration of a variance pursuant to Section 14 of this rule.

6. Temporary Holding Tanks

a. Temporary use: As a temporary means of wastewater disposal during alteration or repair of an existing system, the LPI may approve the use of a wastewater holding tank or a septic tank temporarily modified to serve as a holding tank for up to 2,000 gpd. This use may not exceed 90 days. Temporary holding tanks do not require a holding tank application.

b. Future public sewer connection: As a temporary means of wastewater collection, LPI may permit use of a holding tank by a facility for up to 365 days when physical connection to a public sewer is anticipated, as stated in writing by the sanitary district. A holding tank application is not required for this instance. This permit may be extended once for an additional 365 days, if necessary.

7. Discontinuance of Holding Tank

Any structure which utilizes a first-time system holding tank permitted after July 1, 1974, is required to meet first-time criteria for alternate means of subsurface wastewater disposal.

D. WORK ADJACENT TO OR WITHIN WETLANDS AND WATER BODIES

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 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, may need a permit from DEP, LUPC and/or ACOE.

TABLE 8B

Setback distances for first-time systems

Site features vs. disposal system components of various sizes	Disposal Fields (total design flow)			Treatment Tanks (total design flow)
	Less than 1,000 gpd	1,000 to less than 2,000 gpd	2,000 gpd or more	Less than 1,000 gpd	1,000 to less than 2,000 gpd	2,000 gpd or more
Wells with water usage of 2,000 or more gpd or public water system wells	300 feet	300 feet	300 feet	150 feet	150 feet	150 feet
Potable Water Supply	100 feet [a]	200 feet	300 feet	50 feet	100 feet	100 feet
Water supply line	10 feet	20 feet	25 feet	10 feet	10 feet	10 feet
Water body/course, major [f][h]	100 feet [c]	200 feet [c]	300 feet [c]	100 feet [d]	100 feet [d]	100 feet [d]
Water body/course, minor [e]	50 feet [e]	100 feet [e]	150 feet	50 feet	50 feet	50 feet
Drainage ditches	25 feet	50 feet	75 feet	25 feet	25 feet	25 feet
Slopes greater than 3:1	10 feet [f]	18 feet [f]	25 feet [f]	N/A	N/A	N/A
No full basement [e.g. slab, columns, posts]	15 feet	28 feet	40 feet	8 feet	14 feet	20 feet
Full basement [below grade foundation, frost walls]	20 feet [g]	30 feet	40 feet	8 feet	14 feet	20 feet
Property lines	10 feet [b]	18 feet [b]	20 feet [b]	10 feet	15 feet	20 feet
Burial sites or graveyard boundaries, measured from the toe of the fill extension	25 feet	25 feet	25 feet	25 feet	25 feet	25 feet
Stormwater infiltration systems	100 feet	200 feet	300 feet	100 feet	100 feet	100 feet
Wetponds, retention ponds, and detention basins (excavated below grade); Soil filters, underdrained swales, underdrained outlets, and similar structures	50 feet [i]	100 feet [i]	150 feet [i]	50 feet [i]	50 feet [i]	50 feet [i]
Stormwater detention basins (basin bottom at or above predevelopment grade)	25 feet	50 feet [i]	75 feet [i]	25 feet	25 feet	25 feet

Notes: If the disposal system application meets the requirements of the following note(s) a First-Time System Variance is not required.

[a.] Potable water supply setbacks may be reduced, as prescribed in Section 8(A)(2).

[b.] Additional setbacks may be needed to prevent fill material extensions from encroaching onto abutting property.

[c.] All ground disturbance or clearing of woody vegetation necessary for the installation of a subsurface wastewater disposal system that occurs within 100 feet of the normal high water mark of a major water body/course must maintain a minimum setback of 75 feet from the normal high water mark of the major water body/course and also must comply with this rule pertaining to work adjacent to or within wetlands and water bodies (for more details see Section 13).

[d.] May be reduced by site evaluator to 50 feet, pursuant to water tightness standards found in Section 7(H)(8) or tanks of monolithic construction.

[e.] All ground disturbance or clearing of woody vegetation necessary for the installation of a subsurface wastewater disposal system that occurs within 100 feet of the normal high water mark of a minor water body/course must maintain a minimum setback of 25 feet from the normal high water mark of the minor water body/course, except minor water courses located inside the Shoreland Zone which require a minimum setback for disturbance of 75 feet, and also must comply with this rule pertaining to work adjacent to or within wetlands and water bodies (for more details see Section 13). A variance requested by an applicant and granted by the Department for setback distances includes within that setback variance, a variance of the ground disturbance requirements in this footnote and in Section 13.

[f.] For sites with sustained slopes steeper than 3 feet horizontal to 1 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 (for more details see Section 13).

[g.] May be reduced to 15 feet, if the disposal area would be located down slope from the lowest point of the foundation footings.

[h.] All ground disturbance or clearing of woody vegetation necessary for the installation of a subsurface wastewater disposal system that occurs within 100 feet of the normal high water mark of a perennial stream must maintain a minimum setback of 25 feet from the normal high water mark of the perennial stream except those perennial streams which have a Shoreland Zone or those located inside the Shoreland Zone of another major waterbody/course which require a minimum setback for disturbance of 75 feet, and also must comply with this rule pertaining to work adjacent to or within wetlands and water bodies (for more details see Section 13).

[i.] The setback may be reduced to 25 feet if the stormwater structure has an impervious liner and the fill extensions do not encroach onto the stormwater structure.

Notes

10-144 C.M.R. ch. 241, § 8