Section 144-231-1 - ADMINISTRATIONA.Application and Scope The provisions of these rules apply to all public water systems, unless specifically noted.
B.Constitutionality Clause Should any section, paragraph, sentence, clause, or phrase of these regulations be declared unconstitutional or invalid for any reason, the remainder of said regulations will not be affected thereby.
C.Licensed Water Operators1. Owners of all Community and Non-Transient Non-Community water systems shallplace the direct supervision of their water system, including each treatment facility and/or distribution system, under the responsible charge of an operator holding a valid license with classification equal to or greater than the classification of the treatment facility and/or distribution system.2. Owners of all public water systems that use surface water as a source shall place the direct supervision of their water system, including each treatment facility and/or distribution system, under the responsible charge of an operator holding a valid license equal to, or greater than, the classification of the treatment facility and/or distribution system.3. The operator in responsible charge shall hold a valid license equal to, or greater than, the classification of their water system, including each treatment facility and distribution system as determined by the Department.4. The operator in responsible charge shall ensure that adequate operational and emergency response procedures are in place to enable licensed operating personnel to make appropriate process control system integrity decisions about water quality and quantity.5. All operating personnel making process control system integrity decisions about water quality or quantity that affect public health shall be licensed.6. A designated licensed operator shall be available for each operating shift.7. Transient Non-Community water systems serving ground water are generally not required to employ licensed operators; however, these water systems shall employ or designate individuals responsible for their operation, who are responsible for proper record-keeping, treatment maintenance and sample collection, as stated in these rules. If the Department finds that such transient water systems demonstrate a lack of capacity (as described in Section 3(E) of these rules) or pose an imminent hazard to public health (as described in Section 1(F) of these rules), then the Department may require that the water system engage a licensed water operator holding an appropriate license for the system classification. 8. Whenever a licensed water operator is required, that operator shall maintain their licensure and shall comply with these rules. If the Department finds that a water operator is not complying with these rules, then the Department may require that the water system obtain a different licensed operator.D.Departmental Laboratory Fees1. The Department will charge a fee for any examination, testing or analysis required under the rules and performed in the Department of Health and Human Services Health and Environmental Testing Laboratory. Such fees will be established and reviewed in accordance with the Maine Administrative Procedure Act at 5 M.R.S., Chapter 37 5.2. Any person required under this chapter to submit samples of water to the Department for analysis is required to pay the shipping charges thereon.E.Engineering Studies1. The Department is authorized to order a public water system to conduct engineering studies to correct deficiencies or violations to the Safe Drinking Water Act, or these rules.2. The Department is authorized to order that any or all of the recommendations in the study be carried out. Prior to such an order, an opportunity for a public hearing shall be provided by the Department.F.Imminent Hazards to Public Health1. Pursuant to 22 M.R.S. §2617, the Department is authorized to issue orders to any person to comply with the requirements of these regulations, and is further authorized to petition the courts to compel compliance with such orders.2. Pursuant to 22 M.R.S. §2614, upon receipt of information that there is an imminent endangerment to health due to the actual or threatened existence of contaminants in a public water system, or if for other reasons, the Department may take such actions, including, but not limited to, issuing necessary orders or commencing court action, as it deems necessary to protect the public health.3. Pursuant to 22 M.R.S. §2614, upon receipt of information that there is an imminent endangerment to public health due to the actual or threatened existence of biological contaminants, as indicated by the presence of pathogenic microorganisms or the presence of indicator organisms that indicate the potential presence of pathogenic microorganisms, in a public water system , or when, in the judgment of the Department, such a condition exists or is likely to exist in a public water system and will result in a serious risk to public health, the Department shall initiate "Boil Water Order" procedures. Upon the determination by the Department that conditions exist that would warrant the issuance of a "Boil Water Order," the public water system will be immediately notified of the determination. Upon notification by the Department of the "Boil Water Order," the public water system must immediately institute the "Boil Water Order" system-wide, or as otherwise directed by the Department until such time as the Department makes the determination that the "Boil Water Order" may be lifted. a.Boil Water Order Proceduresi. The Department will provide the appropriate Boil Water Order language to the owner, manager, or other responsible individual by telephone, electronic notification, FAX or in person, for immediate distribution to consumers.ii. If the Department is unable to contact an appropriate person then the Department's field staff may distribute handbills to consumers.iii. The Department will followup by sending the Boil Water Order language and other requirements in writing via certified mail to the appropriate representative of the water system concerned.iv. Nothing in these Boil Water Order procedures absolves the supplier of water from providing appropriate public notification to their consumers.b. When a water system is issued a "Boil Water Order" by the Department, that water system shall appropriately notify consumers within 24 hours of its issuance.c. Notification of the "Boil Water Order" shall be accomplished by publishing it in a daily newspaper of general circulation in the area the system serves water to the public; announcing it on a local radio; announcing it on television, or other methods approved by the Department; for non-community water systems, posting it in conspicuous places (i.e. employee bulletin boards, bathrooms, doors entering an establishment, and other appropriate places), by hand delivering it to each consumer or by other methods approved by the Department. The Department may require any combination of the above forms of notification that it deems necessary to sufficiently inform the consumers of water of the "Boil Water Order."d. The following language shall be included in all "Boil Water Order" notices distributed by the system: "Due to the possibility of unsafe water, public water system users are directed to Boil All Water for at least one minute at a rolling boil before drinking, making ice cubes, washing foods, brushing teeth or engaging in any other activity involving the consumption of water. The Order shall remain in effect until further notice.
Questions regarding this notice may be directed to the Public Water System at:
Fill-in: Name of Contact Person
Name of System
Telephone #or to the Maine C.D.C. Drinking Water Program at (207) 287-2070.
e. The Department may lift the "Boil Water Order" if it determines that the imminent endangerment to public health has been remedied. Prior to lifting the "Boil Water Order", the Department will collect, or require the public water system to collect, the appropriate number of bacteria samples: The required number of samples collected to lift a "Boil Order" shall correspond to the population requirement of the Total Coliform Rule and the Revised Total Coliform Rule in Section 7, but in no case shall be less than three. Population determination for the Boil Water Order shall be based upon the affected area of the Boil Water Order.
All samples shall test negative for E. Coli/Total Coliform/Fecal Coliform in order for the Department to lift the "Boil Water Order."
10- 144 C.M.R. ch. 231, § 1