5-101 Source
5-101.11 Approved System.*
DRINKING WATER shall be obtained from an APPROVED source that is:
(A) A PUBLIC WATER SYSTEM; or(B) A nonPUBLIC WATER SYSTEM that is constructed, maintained, and operated according to LAW.5-101.12 System Flushing and Disinfection.*
A DRINKING WATER system shall be flushed and disinfected before being placed in service after construction, repair, or modification and after an emergency situation, such as a flood, that may introduce contaminants to the system.
5-101.13 Bottled Drinking Water.*
BOTTLED DRINKING WATER used or sold in a FOOD ESTABLISHMENT shall be obtained from APPROVED sources in accordance with 21 CFR 129 - Processing and Bottling of Bottled DRINKING WATER and the State of Maine Rules Relating to Bottled Water, Bulk Water and Water Vending Machines,
CMR, 10-144 Chapter 231.
5-102 Quality
5-102.11 Standards.*
Except as specified under § 5 -102.12:
(A) Water from a PUBLIC WATER SYSTEM shall meet 40 CFR 141 - National Primary Drinking Water Regulations and the State of Maine Rules Relating to Drinking Water, CMR, 10-144 Chapter 231 and;(B) Water from a nonPUBLIC WATER SYSTEM shall meet state DRINKING WATER quality standards.(C) State DRINKING WATER quality standards are as follows:(1) Zero (0) colony forming units of Coliform bacteria per 100 milliliters of sample(2) 10 ppm nitrate maximum(3) 1 ppm nitrite maximum(D) Drinking water acquired from surface water shall be properly disinfected with chlorine, and maintain a residual of 0.5 ppm.(E) All new water supplies shall test for organic, inorganic, and bacteria as required by the Safe Drinking Water Act, and obtain "new well approval" from the Department of Human Services, Drinking Water Program, or, if not a regulated Public Water System, shall sample as indicated in 5-102.13.5-102.12 Nondrinking Water.*
(A) A nonDRINKING WATER supply shall be used only if its use is APPROVED.(B) NonDRINKING WATER shall be used only for nonculinary purposes such as air conditioning, nonFOOD EQUIPMENT cooling, fire protection, and irrigation.5-102.13 Sampling.
Except when used as specified under § 5 -102.12, water from a nonPUBLIC WATER SYSTEM shall be sampled and tested initially at least quarterly, and after four satisfactory bacteria samples, the sampling may be reduced to annually and as required by state water quality regulations, and as indicated in sections (A) and (B) below.
Samples shall be analyzed in a laboratory recognized by the State of Maine Health and Environmental Testing Laboratoryas being certified for testing for the specific parameters to be analyzed.
(A) Groundwater supplies shall test annually for coliform bacteria, nitrate and nitrite.(B) Surface water supplies shall test annually for nitrate and nitrite and monthly for coliform bacteria and turbidity. Surface water supplies shall also sample, conduct and record the results of their own tests for chlorine daily. A copy of the chlorine records shall be kept on the premises for the last 2 years and shall be available for viewing by the state REGULATORY AUTHORITY.5-102.14 Sample Report.
All past water sample results for the establishment shall be retained on file in the Food Establishment for review by the regulatory authority during the periodic inspections.
5-103 Quantity and Availability
5-103.11 Capacity.*
(A) The water source and system shall be of sufficient capacity to meet the peak water demands of the FOOD ESTABLISHMENT.(B) Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the FOOD ESTABLISHMENT.5-103.12 Pressure.
Water under pressure shall be provided to all fixtures, EQUIPMENT, and nonFOOD EQUIPMENT that are required to use water except that water supplied as specified under ¶¶ 5-104.12(A) and (B) to a TEMPORARY FOOD ESTABLISHMENT or in response to a temporary interruption of a water supply need not be under pressure.
5-104 Distribution, Delivery, and Retention
5-104.11 System.
Water shall be received from the source through the use of:
(A) An APPROVED public water main; or(B) One or more of the following that shall be constructed, maintained, and operated according to LAW: (1) Nonpublic water main, water pumps, pipes, hoses, connections, and other appurtenances,(2) Water transport vehicles, and5-104.12 Alternative Water Supply.
Water meeting the requirements specified under Subparts 5-101, 5-102, and 5-103 shall be made available for a mobile facility, for a TEMPORARY FOOD ESTABLISHMENT without a permanent water supply, and for a FOOD ESTABLISHMENT with a temporary interruption of its water supply through:
(A) A supply of containers of commercially BOTTLED DRINKING WATER;(B) One or more closed portable water containers;(C) An enclosed vehicular water tank;(D) An on-PREMISES water storage tank; or(E) Piping, tubing, or hoses connected to an adjacent APPROVED source.01-001 C.M.R. ch. 331, § 5-1