10-144-231 Me. Code R. § 3

Current through 2024-51, December 18, 2024

Section 144-231-3 - FACILITIES APPROVAL

Before a person initiates construction of a new public water system, or modifies any existing system in a manner which may affect the quality of water produced, that person, pursuant to 22 M.R.S. §2612, shall submit such proposals to the Department for approval.

A.Review Period

All plans submitted under this section shall be submitted in a timely manner to allow the Department at least a 30-day review period. Such submission shall occur atleast 30 days prior to the bid opening and at least 45 days prior to the start of construction of the project.

B.Siting Requirements

1. See Section (7)(A)(5).

C.Plan Submission

1.Submission of Engineering Plans

a. No new construction, addition, or alteration involving the source, treatment, or storage of water in any system shall be commenced until the plans and specifications have been submitted to and approved in writing by the Department (per the review schedule stated in A. above), unless such construction, addition, or alteration is exempted by paragraph 3 of this sub-section. In granting approval of plans and specifications, the Department may require modifications, conditions, or procedures to insure, as far as feasible, the protection of the public health.

b. Changes in treatment processes which involve the addition or deletion of any chemicals require prior approval by the Department.

c. The Water System shall provide the Department for review documentation of the preliminary engineering estimates of the costs of siting, engineering and operating the utility's proposed facility or water treatment system, or modification or alteration of any existing system, including identification of the costs of all modifications to existing waterworks, justification of the water utility's proposal and such further information as may be requested by the Department;

d. For the purposes of comparison with the proposal submitted pursuant to paragraph (a), the Water System shall provide the Department with documentation of the preliminary engineering estimates of the costs of siting, engineering and operating the next best alternative facility or water treatment system, or modification or alteration of any existing system, including identification of the costs of all modifications to existing waterworks and such other information as may be requested by the commissioner;

e. The Water System shall make available for public review upon request at a location and in a manner convenient to the water utility's ratepayers all information provided to the Department pursuant to paragraphs (a) and (b).

2.Preparation of Engineering Plans

a. Plans and specifications for Public Water Systems shall be prepared by a qualified professional and shall bear the seal of a professional engineer as required by 32 M.R.S., Chapter 19.

3.Exemptions

a. The following activities are exempt from the requirement for approval by the Department:

i. Maintenance activities for existing facilities, which do not involve the storage or treatment of finished water, i.e., water that has been processed (filtered, treated, seq.c.) and is available for human consumption.

ii. Replacement of water mains or installation of new water mains provided they are disinfected and pressure tested in accordance with the AWWA Standards indicated in section F.

Examples of items that should be reported to and approved by the Department include, but are not limited to the painting and/or repair of standpipes, reservoirs, or any storage facility that has contact with finished water.

D.General Operations Permit

1. Any new community or non-transient, non-community public water system commencing operation after October 1, 1999, shall first obtain a General Operations Permit from the Department.

a. The owner of a new community or new non-transient, non-community public water system shall secure a General Operations Permit after demonstrating satisfactory capacity, and prior to operation of the system.

b. To obtain a General Operations Permit for a new community or non-transient, non-community public water system, the owner, or the owner's designee, shall submit sufficient plans, specifications, and documentation to ensure adequate technical, financial and managerial capacity.

c. Applications for General Operations Permits shall be made on forms provided by the Department. These forms shall be submitted and approved by the Department before the public water system begins operations.

2. In the event that a public water system requiring a permit is ready to begin operation before receiving the General Operations Permit, the Department may, at its discretion, issue a conditional, temporary permit.

a. A conditional, temporary permit will be issued with a defined deadline of 30, 60, or 90 days. Only one conditional, temporary permit will be issued for each new community or non-transient, non-community water system.

b. Public water systems shall demonstrate capacity and secure a General Operations Permit at the expiration of a conditional, temporary permit.

E.Demonstration of Capacity

The following public water systems shall first obtain a General Operations Permit from the Department by demonstrating technical, managerial, and financial capacity: new community and non-transient, non-community water systems commencing operation after October 1, 1999, and transient, non-community water systems with surface water sources.

1. Technical Capacity may be demonstrated by a number of methods, including, but not limited to, the following:

a. engineering plans or schematics and drawings of treatment facilities;

b. adequate drawings, diagrams, schematics and maps of the distribution system or plumbing components;

c. an adequate number of state-licensed operators of the requisite classification;

d. source water protection plans and maps of the watershed or wellhead protection area; and

e. any other relevant documentation requested by the Department.

2. Financial Capacity may be demonstrated by a number of methods, including, but not limited to, the following:

a. annual and projected budgets;

b. identification of individual(s) responsible for water system operations, including procedures related to financial decisions effecting the water system;

c. copies of rate case determination documents for water systems regulated by the Public Utilities Commission; and

d. any other relevant financial information requested by the Department.

3. Managerial Capacity may be demonstrated by a number of actions, including, but not limited to, the following:

a. knowledge of the number of water system service connections and the population served, recorded on the permit application form;

b. clear, definitive identification of the water system owner(s);

c. identification of the primary contact person(s) responsible for communicating with the Department;

d. identification of personnel responsible for daily operations of the water system;

e. plans for continuing education, training or professional development or staff;

f. formalized routine operations and maintenance procedures in the form of written standard operating procedures and policies;

g. description of record keeping procedures employed;

h. written emergency procedures and/or an emergency response plan, including identification of persons or organizations contacted in the event of an emergency; and

i. any other relevant information requested by the Department.

F.Construction Standards

1. Applicable standards such as those established by the American Water Works Association (AWWA), the Recommended Standards for Water Works, and NSF / ANSI Standards for Drinking Water Treatment Unitsshould be consulted when available, as well as engineering standards published by other generally accepted organizations.

2.Disinfection

a. The AWWA C-65105 specification for the disinfection of water mains shall be utilized for all water main construction except that the "tablet method" shall not be used unless specifically approved in writing by the Department.

b. AWWA C-652-02 specification for the disinfection of water storage facilities shall be utilized prior to having any storage facility go into service.

c. AWWA C-653-03 shall be utilized for disinfection of water treatment plants prior to providing water for consumption.

d. AWWA C-654-03 shall be utilized for the disinfection of wells prior to the use of those wells as a source of public drinking water.

3. All water mains and services being used for the purposes of transporting potable water shall be pressure tested in accordance with AWWA Standard for pressure testing.

4. The Department may, from time to time, establish lists of acceptable products for use in the water works industry.

5.Well Construction

a. All newly constructed wells and wells modified by additional drilling casing alterations or hydrofracturing shall be constructed or altered in compliance with the Maine Well Drillers and Pump Installers Rules (10-144 CMR, Chapter 232 and one of the following standards:

i. AWWA's Standard A100-06, Recommended Standards for Water Works, 2003 Edition; or

ii. The National Ground Water Association'sManual of Water Well Construction Practices (2^nd Edition)

In the event that one of the above standards conflicts with state or federal rules, the state or federal rules shall take precedent.

b. Newly constructed wells serving community, transient non-community and non-transient, non-community water systems shall be constructed as described in the Preliminary Approval Process. The Department may require wells with reduced setbacks from septic system components or other potential sources of contamination to include additional steel casing or a PVC liner and top and bottom well seals, as described in Maine's "Well Drillers and Pump Installers Rules" at 10-144 C.M.R. 232, Chapter 4.

c. Wells determined by the Department to pose significant risk from sources of contamination are required to be grouted using methods and materials described in Maine's "Well Drillers and Pump Installers Rules" at 10-144 CMR 232, Section 400.7.3.

6.Abandonment of Wells

The Department may require a public water system to abandon a well if the Department determines that the well constitutes a significant threat to public health. Abandonment shall meet the requirements of 10-144 C.M.R. Chapter 232 Well Drillers and Pump Installers Rules.

7.NSF/ANSI Standard 60

a. All chemicals added to drinking water must be certified to meet NSF/ANSI Standard 60 - 2013: Drinking Water Treatment Chemicals -Health Effects.Certification shall be by an ANSI-Accredited, third-party testing and certification organization.

b. The Department reserves the authority to waive this certification Standard 60 certification requirement on a case-by-case basis, in accordance with applicable law.

c. Evidence for this requirement shall be met if the chemical shipping container labels or material safety data sheets include:

i. Chemical name, purity and concentrations, Supplier name and address; and

ii. Labeling indicating compliance with NSF/ANSI Standard 60.

d. Compliance with these standards shall be met at the point of delivery.

8.NSF/ANSI Standard 61

a. All materials, products and coatings that contact drinking water installed or applied shall be certified to meet NSF/ANSI Standard 61-2013: Drinking Water System Components - Health Effects.Certification must be granted by an ANSI-Accredited, third-party testing and certification organization.

b. Exemptions may include the following:

i. Miscellaneous valves and fittings, three-inch diameter and smaller, may be exempt from this requirement if NSF/ANSI 61 Certified products are not readily available;

ii. Steel well casing;

iii. Existing stocks of materials. When stocks need to be reordered, the new materials must comply with this section;

iv. A concrete structure, tank, or treatment tank basin constructed onsite that is not normally coated or sealed. If a coating or sealant is specified by the design engineer, the coating or sealant must be certified to comply with ANSI/NSF Standard 61;

v. An earthen reservoir or canal located upstream of water treatment;

vi. A synthetic tank constructed of material that meets Food and Drug Administration standards for a material that comes into contact with drinking water or aqueous food, or a galvanized steel tank, either of which is:

1. Less than 15,000 gallons in capacity, and

2. Used in a public water system with 500 or fewer service connections; or

vii. A pipe, treatment plant component, or water distribution system component made of lead-free stainless steel; and

viii. Any other conditions deemed appropriate by the Department, in accordance with applicable law.

9. All new community public water systems shall install a flow meter that will provide continuous, cumulative measurement of the water system flow and maintain records of flow.

10. All new public water systems shall install a raw water (prior to any treatment or storage) sampling port, if one is not present.

G.New Sources

1.Surface Water Supplies

a. Plans for the protection of surface supply watersheds shall be submitted prior to the approval of any surface water supply. These plans shall include the following:

i. A description of public education procedures and materials the system plans to implement or distribute to inform its consumers and all parties that come in contact with the watershed or water supply of watershed issues that affect the water quality of the surface water supply.

ii. The duly responsible person of the public water system shall, to the satisfaction of the Department, demonstrate sufficient control over the watershed. Sufficient control shall be deemed as either:

1) ownership of the property;

2) a contractual agreement with the owners of the property that ensures that the surface water supply shall not be negatively impacted by the watershed; or

3) a plan presented to the Department for approval showing how the watershed shall be sufficiently protected. The plan shall be submitted to the Department in writing and be prepared by an appropriate individual qualified to prepare such a plan.

iii. A description of other appropriate protection measures to assure that the source will maintain high quality water.

b. Maps shall be submitted with the request for approval, which show the watershed area delineation and potential sources of contamination and their types and land ownership. Potential sources of contamination should include, but not be limited to, sanitary landfills, dumps, oil storage facilities, chemical storage facilities, septage disposal areas, spray irrigation areas, farming operations which utilize large amounts of pesticides, all enterprises which require hazardous waste permits, major industries, and highways commonly used in the transport of hazardous materials.

c.Analysis

i. Final Approval of the finished surface water source may be granted by the Department only after all required water quality analyses are completed and it is further determined that the source is in compliance with all applicable Primary Drinking Water Regulations.

ii. Untreated water samples shall be analyzed by a certified laboratory, prior to source approval, for the following parameters:

* Microbiological Contaminants: (Per approved methods authorized in the July 2014 edition of the National Primary Drinking Water Regulations at 40 C.F.R. § 141.21);

* Inorganic Contaminants: Antimony, arsenic, barium, beryllium, cadmium, chloride, chromium, color, copper, cyanide (as free cyanide), fluoride, hardness, iron, lead, manganese, mercury, nickel, nitrates, nitrites, selenium, silver, sodium, sulfate, thallium, turbidity, and zinc (Per approved methods authorized in the July 2014 edition of the National Primary Drinking Water Regulations at 40 C.F.R. § 141.23 );

* Volatile Organic Compound (VOC) Screen: 1,2,4-Trichlorobenzene, Cis-1,2-Dichloroethylene, Xylenes, Total Dichloromethane, O-Dichlorobenzene, P-Dichlorobenzene, Vinyl Chloride, 1,1-Dichloroethylene, Trans-1,2-Dichloroethylene, 1,2-Dichloroethane, 1,1,1-Trichloroethane, Carbon Tetrachloride, 1,2-Dichloropropane Trichloroethylene, 1,1,2-Trichloroethane, Tetrachloroethylene, Chlorobenzene, Benzene, Toluene, Ethylbenzene, Styrene, &Methyl Tert-Butyl Ether (MTBE)(Per approved methods authorized in the July 2014 edition of the National Primary Drinking Water Regulations at 40 C.F.R. § 141.24);

* Synthetic-Volatile Organics (SOC) Screen: 2,4-D, 2,4,5-TP (Silvex), adipate, atrazine, BHC-Gamma (Lindane), Carbofuran, Dalapon, Di(2-ethylhexyl) Di(2-ethylhexyl) phthalate, Dinoseb, Endrin, Heptachlor, Heptachlor epoxide, Hexachlorobenzene, Hexachlorocyclopentadiene, Lasso (Alachlor), Methoxychlor, Simazine, PCBs (as decachlorobiphenyl), or PCBs (as aroclors), Pentachlorophenol, Picloram, Oxamyl (Vydate), &Velpar (Per approved methods authorized in the July 1, 2014 edition of the National Primary Drinking Water Regulations at 40 C.F.R. § 141.24); and

* Radionuclides: gross alpha, radon, & uranium. (Per approved methods authorized in the July 1, 2014 edition of the National Primary Drinking Water Regulations at 40 C.F.R. § 141.25).

iii. Water quality measurements for turbidity, free chlorine residual, temperature and pH may be performed by any person acceptable to the Department. The ability of individuals to properly conduct tests for these parameters shall be evaluated by program staff during sanitary surveys.

d. Treatment Required (See Section (7)(H) regarding filtration and disinfection requirements).

e. All new community surface water systems shall evaluate their System Design Capacity and submit to the Department for review a report on forms provided by the Department. The Department will determine System Design Capacity for each surface water source as part of new system and source approval.

f. The Department will approve an intake located within two miles of a public boat launch, only if the public water system submits a risk assessment that is satisfactory to the Department.

2.Ground Water Supplies

a.Transient Non-Community Water Systems and Non-Transient Non-Community Water Systems

i. Transient Non-Community Water Systems and Non-Transient Non-Community Water Systems shall submit a completed Request for Preliminary Approval Form (Note: the Form can be obtained from the Department) along with required documentation at least 30 days prior to the proposed date of installation. Required documentation shall include Request for Preliminary Approval Form, a location map and a site plan showing all potential sources of contamination within 300 feet of the proposed well location. Other documentation may be requested on a case-by-case basis if the Department makes the determination that such information is necessary to get a better understanding of the conditions of the proposed well location or otherwise for the protection of the public health.

ii. The Request for Preliminary Approval shall be reviewed by the Department to determine the adequacy of the well location to provide safe and healthy drinking water to the public. No production well shall be installed prior to preliminary approval being granted in writing by the Department.

iii. New wells shall be located at least 300 feet away from potential contamination sources and at least 1,000 feet from Underground Storage Tanks regulated by the Department of Environmental Protection (DEP) Chapter 691, unless a waiver is obtained from the Department and the Maine Department of Environmental Protection (DEP).

iv. If circumstances exist where a proposed well location must be placed closer than 300 feet from a potential contamination source, then the Department may grant a setback waiver on a case-by-case basis. The Department must receive information from an appropriate qualified professional sufficient to make a determination on all waiver requests. Any well proposed less than 150 feet from one or more subsurface disposal fields must include a Maine Certified Geologist's hydrogeologic assessment presented to the Department for review and approval, which must include a description of the local surficial geology, a pre-pumping water table contour map, a map showing the water table contours under pumping conditions and an evaluation of the site's physical characteristics which mitigate any potential impacts to the well from the disposal field(s), or submit plans for an Advanced Treatment Unit (ATU) designed to pre-treat all septic system effluent prior to discharge to the septic system disposal field, to be reviewed and evaluated by the Department. Any pretreatment system proposed as mitigation for reduced setbacks from septic system components must be shown to significantly reduce nitrate, nitrite, and bacteria levels and include a plan for ongoing maintenance. The Department may waive these requirements on a case-by-case review or require additional information to insure the suitability of the proposed well for use as a public water supply source. The Department may place conditions on a waiver granted, which may include increased water quality monitoring for specific contaminants at a schedule and frequency to be determined by the Department.

v. Treatment for all new wells may also be required as described in Section (3)(G)(2)(j).

vi. The Department may deny a proposed well location after determining that a proposed well location is not safe from threats of contamination or potential threats of contamination even with increased monitoring for those contaminants.

vii. The methods and standards described in the Manual for Water Well Construction Practices, 2^nd Edition, (published in 1998 by the National Ground Water Association), shall be used for the proper development and determination of safe yield for all proposed Transient Non-Community and Non-Transient Non-Community wells. A copy of this Manual is available at the Department's office in Augusta, Maine. All water quality samples shall be collected after proper well development, disinfection, and the conclusion of continuous pumping on the well for a sufficient period of time so that a minimum of three well bore volumes have been removed. The Department may, on a case-by-case basis, require a report be prepared by an appropriately qualified person or firm evaluating the well which may include: a description of the site geology and any sources of contamination in the area; a map of the area showing all wells installed and any potential sources of contamination in the area; drilling logs for each well installed; pump test drawdown data if available; recommendations for wellhead protection area delineations; and all required water quality analysis results. The report shall be submitted to the Department for review with the request for Final Approval.

viii. Final Approval of the proposed well location may be granted only after all required water quality analyses have been completed and it is further determined that the well is in compliance with all applicable Primary Drinking Water Regulations.

ix. A Final Approval Form or equivalent must be submitted along with all water quality analyses results, any maps or reports required and a completed Wellhead Protection Self Evaluation Form to the Department for review and approval. Wellhead protection area delineations must be made using one or more methodologies approved by the Department.

x. Unless final approval of the proposed well is granted in writing by the Department, no water may be served. The Department may grant conditional approval on a case-by-case basis. The Department may also require additional treatment, testing or other requirement that the Department deems necessary for the protection of the public health.

b.Water quality analyses to be completed for Non-Transient Non-Community Water Systems prior to Final Approval of all proposed wells

i. Final Approval of the proposed well location may be granted by the Department only after all required water quality analyses are completed and it is further determined that the well is in compliance with all applicable Primary Drinking Water Regulations.

ii. Untreated water samples shall be analyzed by a certified laboratory, prior to source approval and after proper well development and determination of safe for the following parameters:

* Microbiological Contaminants: Total Coliform. If total coliform results are positive, then samples must be analyzed for E. Coli. If the Department determines that there is potential groundwater under the influence of surface water, then samples must be analyzed for Heterotrophic Plate Count (HPC), per approved methods authorized in 40 C.F.R. § 141.21;

* Inorganic Contaminants:Antimony, arsenic, barium, beryllium, cadmium, chloride, chromium, color, copper, cyanide (as free cyanide), fluoride, hardness, iron, lead, manganese, mercury, nickel, nitrates, nitrites, selenium, silver, sodium, sulfate, thallium, turbidity, &zinc (Per approved methods authorized in 40 C.F.R. § 141.23);

* Volatile Organic Compounds: (VOC) Screen: 1,2,4-Trichlorobenzene, Cis-1,2-Dichloroethylene, Xylenes, Total Dichloromethane, O-Dichlorobenzene, P-Dichlorobenzene, Vinyl Chloride, 1,1-Dichloroethylene, Trans-1,2-Dichloroethylene, 1,2-Dichloroethane, 1,1,1-Trichloroethane, Carbon Tetrachloride, 1,2-Dichloropropane Trichloroethylene, 1,1,2-Trichloroethane, Tetrachloroethylene, Chlorobenzene, Benzene, Toluene, Ethylbenzene, Styrene, &Methyl Tert-Butyl Ether (MTBE) (Per approved methods authorized in 40 C.F.R. § 141.24);

* Synthetic Volatile Organics (SOC) Screen:2,4-D, 2,4,5-TP (Silvex), adipate, atrazine, BHC-Gamma (Lindane), Carbofuran, Dalapon, Di(2-ethylhexyl) Di(2-ethylhexyl) phthalate, Dinoseb, Endrin, Heptachlor, Heptachlor epoxide, Hexachlorobenzene, Hexachlorocyclopentadiene, Lasso(Alachlor), Methoxychlor, Simazine, PCBs (as decachlorobiphenyl), or PCBs (as aroclors),Pentachlorophenol, Picloram, Oxamyl (Vydate), &Velpar (Per approved methods authorized in 40 C.F.R. § 141.24); and

* Radionuclides: gross alpha, radon, and uranium, per approved methods authorized in 40 C.F.R. § 141.25.

iii. The Department may modify the list of required water quality test parameters prior to approval if the determination is made that the testing required will insure that the well can produce safe and potable water or otherwise for the protection of the public health.

c. Water quality analyses to be completed for Transient Non-Community Water Systems prior to Final Approval of all proposed new wells:

i. Final Approval of the proposed well location may be granted only after all required water quality analyses are completed and it is further determined that the well is in compliance with all applicable Primary Drinking Water Regulations.

ii. Untreated water samples shall be analyzed by a certified laboratory, prior to source approval and after proper well development and safe-yield determination, for the following parameters:

* Microbiological Contaminants:Total Coliform. If total coliform results are positive, then samples must be analyzed for E. Coli. If the Department determines that there is potential groundwater under the influence of surface water, then samples must be analyzed for Heterotrophic Plate Count (HPC), per approved methods authorized in 40 C.F.R. § 141.21;

* Inorganic Contaminants: nitrates,nitrites, fluoride, chloride, hardness, antimony, iron, manganese, and arsenic, per approved methods authorized in 40 C.F.R. § 141.23;

* Volatile Organic Compounds: the Department knows of a possible petroleum underground storage tank or spill within 1,000 feet of the well, the public water system must test for 1,2,4-Trichlorobenzine, Cis-1,2-Dichloroethylene, Xylenes, Total Dichloromethane, O-Dichlorobenzene, P-Dichlorobenzene, Vinyl Chloride, 1,1-Dichloroethylene, Trans-1,2-Dichloroethylene, 1,2-Dichloroethane, 1,1,1-Trichloroethane, Carbon Tetrachloride, 1,2-Dichloropropane Trichloroethylene, 1,1,2-Trichloroethane, Tetrachloroethylene, Chlorobenzene, Benzene, Toluene, Ethylbenzene, Styrene, & Methyl Tert-Butyl Ether (MTBE), per approved methods authorized in 40 C.F.R. § 141.24);

* Physical Parameters: pH;and

* Radionuclides: uranium,per approved methods authorized in 40 C.F.R. § 141.25, per approved methods authorized in 40 C.F.R. § 141.25.

iii. The Department may require additional testing, if a contamination event has occurred in the area.

d.Community Public Water Systems Serving Fewer Than 250 People

i. Community Public Water Systems serving fewer than 250 people shall submit a completed Preliminary Approval Form (Note: the Preliminary Approval Form may be obtained from the Department) for each proposed well along with required documentation at least 30 days prior to the proposed date of installation. Required documentation shall include, but is not limited to, the following: the Preliminary Approval Form, location map, estimated quantity of water required from the well in gallons per minute or gallons per day, and a site plan showing all potential sources of contamination within 1,000 feet of the well. The Department may require a preliminary hydrogeologic investigation of a well location if the Department makes the determination that additional information is necessary to evaluate the adequacy of the site to provide a safe and healthful supply of water to the public or otherwise to protect the public health.

ii. The Preliminary Approval Form shall be reviewed by the Department to determine the adequacy of the well location to provide safe and healthy drinking water to the public. No production well shall be installed prior to preliminary approval being granted in writing by the Department.

iii. New wells shall be located at least 300 feet away from potential contamination sources and at least 1,000 feet from Underground Storage Tanks regulated by DEP Chapter 691, unless a waiver is obtained from the Department and DEP.

iv. If circumstances exist where a proposed well location must be placed closer than 300 feet from a potential contamination source, then the Department may grant a setback waiver on a case-by-case basis, based on an evaluation of geologic conditions, individual land use, and other factors that potentially affect water quality. The Department must receive information from an appropriate qualified professional sufficient to make a determination on all waiver requests. Any well proposed less than 150 feet from one or more subsurface disposal fields must include a Maine Certified Geologist's hydrogeologic assessment that is presented to the Department for review and approval, which includes a description of the local surficial geology, a pre-pumping water table contour map, a map showing the water table contours under pumping conditions and an evaluation of the physical characteristics of the site which mitigate any potential impacts to the well from the disposal field(s), or submit plans for an Advanced Treatment Unit (ATU) designed to pre-treat all septic system effluent prior to discharge to the septic system disposal field, to be reviewed and evaluated by the Department. Any pretreatment system proposed as mitigation for reduced setbacks from septic system components must be shown to significantly reduce nitrate, nitrite and bacteria levels and include a plan for ongoing maintenance. The Department may waive these requirements on a case-by-case review or require additional information to insure the suitability of the proposed well for use as a public water supply source. The Department may place conditions on a waiver granted, which may include increased water quality monitoring for specific contaminants at a schedule and frequency to be determined by the Department.

v. Treatment for all new wells may also be required as described in Section(3)(G)(2)(j).

vii. The methods and standards described in the Manual for Water Well Construction Practices, 2^nd Edition, (published in 1998 by the National Ground Water Association), shall be used in proper development and determination of safe yield for all proposed Community wells serving fewer than 250 people. A copy of the Manual is available in the Department's office in Augusta, Maine. The process for determining safe yield shall be approved by the Department prior to drilling the well. All water quality samples shall be collected after proper well development, disinfection, and at the conclusion of continuous pumping on the well for a sufficient period time so that a minimum of three well bore volumes have been removed. The Department may, on a case-by-case basis, require a report to be prepared by a Certified Geologist or Professional Engineer evaluating the well, based on an evaluation of geologic conditions, individual land use, and other factors that potentially affect water quality. This report may be required to include: a description of the site geology and any sources of contamination in the area; a map of the area showing all wells installed and any potential sources of contamination in the protection areas; drilling logs for each well installed; pump test drawdown data if available; recommendations for wellhead protection area delineations; and all required water quality analysis results. The report shall be submitted to the Department for review with the request for Final Approval.

viii.

A. For all production wells for community water systems serving fewer than 250 people the owner, operator or other duly responsible representative of the public water supply shall by some legal document acquire sufficient land use controls of, at least, all land within the minimum wellhead protection areas specified in the pump test report prior to Final Approval. Sufficient land use control shall be deemed as either:

1) Ownership of the property;

2) A contractual agreement or easement with the owners of the property that ensures that the well shall not be negatively impacted by activities in the contributing area; or

3) A plan presented to the Department for review and approval showing how the contributing area shall be sufficiently protected. The plan shall be submitted to the Department in writing and be prepared by an appropriately qualified individual.

B. In addition, a description of public education procedures and materials the system plans to implement or distribute to inform its consumers and owners of property within the identified protection areas of water quality and wellhead protection issues shall be provided to the Department. The Department may provide technical assistance to water systems drafting these educational strategies.

ix. Final Approval of the proposed well location may be granted only after all required water quality analyses have been completed and it is further determined that the well is in compliance with all applicable Primary Drinking Water Regulations.

x. A Final Approval Form or equivalent must be submitted along with all water quality analysis results, evidence of land use controls (viii), all required maps and reports and a completed Wellhead Protection Self Evaluation Form to the Department for review and approval.

xi. Unless final approval of the proposed well is granted in writing by the Department, no water may be served. The Department may grant conditional approval on a case-by-case basis, if no potential contamination is identified. The Department may also require additional treatment, testing or other requirements that the Department deems necessary for the protection of the public health, based on an evaluation of geologic conditions, individual land use and other factors that potentially affect water quality.

e.Water quality analyses to be completed for Community Water Systems Serving Fewer Than 250 People

ii. Untreated water samples shall be collected and analyzed by a certified laboratory, prior to source approval, and after proper well development and determination of safe yield for the following parameters:

* Microbiological Contaminants Total Coliform. If total coliform results are positive, then samples must be analyzed for E. Coli. If the Department determines that there is potential groundwater under the influence of surface water, then samples must be analyzed for Microscopic Particulate Analysis (MPA), per approved methods authorized in 40 C.F.R.§ 141.21);

* Inorganic Contaminants:Antimony, arsenic, barium, beryllium, cadmium, chloride, chromium, color, copper, cyanide (as free cyanide), fluoride, hardness, iron, lead, manganese, mercury, nickel, nitrates, nitrites, selenium, silver, sodium, sulfate, thallium, turbidity & zinc (Per approved methods authorized in 40 C.F.R. § 141.23);

* Volatile Organic Compounds (VOC) Screen:1,2,4-Trichlorobenzene, Cis-1,2-Dichloroethylene, Xylenes, Total Dichloromethane, O-Dichlorobenzene, P-Dichlorobenzene, Vinyl Chloride, 1,1-Dichloroethylene, Trans-1,2-Dichloroethylene, 1,2-Dichloroethane, 1,1,1-Trichloroethane, Carbon Tetrachloride, 1,2-Dichloropropane Trichloroethylene, 1,1,2-Trichloroethane, Tetrachloroethylene, Chlorobenzene, Benzene, Toluene, Ethylbenzene, Styrene, &Methyl Tert-Butyl Ether (MTBE), per approved methods authorized in 40 C.F.R. § 141.24;

* Synthetic-Volatile Organics (SOC) Screen:2,4-D, 2,4,5-TP (Silvex), adipate, atrazine, BHC-Gamma (Lindane), Carbofuran, Dalapon, Di(2-ethylhexyl) Di(2-ethylhexyl) phthalate, Dinoseb, Endrin, Heptachlor, Heptachlor epoxide, Hexachlorobenzene, Hexachlorocyclopentadiene, Lasso(Alachlor), Methoxychlor, Simazine, PCBs (as decachlorobiphenyl), or PCBs (as aroclors), Pentachlorophenol, Picloram, Oxamyl (Vydate), &Velpar and

* Radionuclides: gross alpha, radon and uranium, per approved methods authorized in 40 C.F.R. § 141.25.

f.Community Public Water Systems Serving 250 People or More

i. Community Public Water Systems serving 250 people or more shall submit a completed Preliminary Approval Form (Note: the Preliminary Approval Form may be obtained from the Department) along with required documentation at least 30 days prior to the proposed date of installation. Required documentation shall include but is not limited to the following: the Preliminary Approval Form, location map, estimated quantity of water required from the well in gallons per minute, and a site plan showing all potential sources of contamination within 2,500 feet of the proposed well location. The Department may require a preliminary hydrogeologic investigation of a site if it determines that additional information is required to evaluate the adequacy of the well to provide a safe and healthful supply of water to the public or otherwise to protect the public health.

ii. The Preliminary Approval Form must be reviewed by the Department to determine the adequacy of the well location to provide safe and healthy drinking water to the public. No production well shall be installed prior to Preliminary Approval being granted by the Department.

iii. New wells must be located at least 300 feet away from potential contamination sources and at least 1,000 feet from Underground Storage Tanks regulated by DEP Chapter 691, unless a waiver is obtained from the Department and DEP, after both departments evaluate geologic conditions, individual land and use and other factors potentially affecting water quality. If the Department determines that a setback distance greater than 300 feet is required to protect public health, a greater setback distance may be required.

iv. If circumstances exist where a proposed well location must be placed closer than the setback distance of 300 feet from a potential contamination source, then the Department may grant a setback waiver on a case-by-case basis, based on an evaluation of geologic conditions, individual land use and other factors potentially affecting water quality. The Department must receive information from an appropriate qualified professional sufficient to make a determination on all waiver requests. Any well proposed less than 150 feet from one or more subsurface disposal fields must include a Maine Certified Geologist's hydrogeologic assessment that is presented to the Department for review and approval, which includes a description of the local surficial geology (and bedrock geology, if applicable), a pre-pumping water table contour map, a map showing the water table contours under pumping conditions and an evaluation of the physical characteristics of the site which mitigate any potential impacts to the well from the disposal field(s), or submit plans for an Advanced Treatment Unit (ATU) designed to pre-treat all septic system effluent prior to discharge to the septic system disposal field, to be reviewed and evaluated by the Department.

Any pretreatment system proposed as mitigation for reduced setbacks from septic system components must be shown to significantly reduce nitrate, nitrite, and bacteria levels and include a plan for ongoing maintenance. The Department may waive these requirements on a case-by-case review or require additional information to insure the suitability of the proposed well for use as a public water supply source. This waiver is only granted, after an evaluation of geologic conditions, individual land use and other factors potentially affecting water quality. The Department may place conditions on a setback waiver which may include increased water quality monitoring for specific contaminants at a schedule and frequency to be determined by the Department.

v. Treatment for all new wells may also be required as described in Section(3)(G)(2(j).

vii. For all proposed wells, a prolonged pump test shall be required prior to Final Approval. The requirements of the pump test are described in subsequent parts of this section.

viii. For all production wells for community water systems serving more than 250 people a plan showing all test well locations and a description of the pump test methodology shall be submitted to the Drinking Water Program for approval at least two weeks prior to the running of the prolonged pump test. Drawdown readings must be taken in the production well.

ix. For all surficial wells the pump test shall be run for at least 48 hours and continue until stabilization has been reached or for 5 days, whichever is less. Stabilization is considered to be reached when the drawdown reading at an observation well near the production well or the production well has not varied by more than 1/2 inch during the preceding 24 hour period. An alternative definition of stabilization may be proposed by the applicant and must be reviewed and approved by the Department prior to implementation. The proposal must be prepared by an appropriately qualified person or firm.

x. For all surficial wells, a report describing and evaluating the pump test shall be prepared by an appropriately qualified person or firm and shall include: a description of the site geology and all potential sources of contamination in the area; a map showing the locations of all monitoring and production wells used for the pump test, the pre-pumping ground water contours, potential sources of contamination in the area; a map showing ground water contours under pumping conditions; and wellhead protection area delineations. Wellhead protection area delineations must be made using one or more methodologies approved by the Department.

xi. For all surficial wells, the safe yield, area of influence, and minimum protective zone of the well must be presented in the pump test report.

xii. For all bedrock wells, a prolonged pump test of not less than 48 hours shall be performed terminating when the safe yield of the well can be reasonably estimated by an appropriately qualified person of firm.

xiii. For all bedrock wells, a report describing and evaluating the pump test shall be prepared by a Certified Geologist or Professional Engineer and shall include: a description of the site geology and all potential sources of contamination in the area; a map showing the locations of all monitoring and production wells, and recommendations for wellhead protection.

xiv.

A. For all production wells, for community water systems serving more than 250 people the owner, operator or other duly responsible representative of the public water supply shall by some legal document acquire sufficient land use controls of, at least, all land within the minimum wellhead protection areas specified in the pump test report prior to Final Approval. Sufficient land use control shall be deemed as either:

1) Ownership of the property;

2) A contractual agreement or easement with the owners of the property that ensures that the well shall not be negatively impacted by activities in the contributing area; or

xv. Water quality samples are to be collected at the conclusion of the prolonged pump test. Final Approval of the proposed well may be granted only after all required water quality analyses have been completed and it is further determined that the well is in compliance with all applicable Primary Drinking Water Regulations.

xvi. A Final Approval Form or equivalent must be submitted along with all water quality analyses results, evidence of land use controls (xiv), all required maps and reports and a completed Wellhead Protection Self Evaluation Form to the Department for review and approval.

xvii. Unless final approval of the proposed well is granted in writing by the Department, no water may be served. The Department may grant conditional approval on a case-by-case basis, based on an evaluation of geologic conditions, individual land use and other factors potentially affecting water quality. The Department may also require additional treatment, testing or other requirements that the Department deems necessary for the protection of the public health.

g. Water quality parameters to be completed for all Community Water Systems Serving More Than 250 People.

i. Final Approval of the proposed well location may be granted only after all required water quality analyses have been completed and it is further determined that the well is in compliance with all applicable Primary Drinking Water Regulations.

ii. Untreated water samples shall be analyzed by a certified laboratory, prior to source approval and after proper well development and safe-yield determination for the following parameters:

* Microbiological Contaminants: Total Coliform. If total coliform results are positive, then samples must be analyzed for E. Coli. If the Department determines that there is potential groundwater under the influence of surface water, then samples must be analyzed for Microscopic Particulate Analysis(MPA), per approved methods authorized in 40 C.F.R. § 141.21);

* Inorganic Contaminants: nitrate, nitrite, chloride, hardness, fluoride, copper, iron, manganese, zinc, arsenic, barium, cadmium, chromium, lead, mercury, silver, selenium, sodium, color, nickel, antimony, beryllium, sulfate, cyanide, thallium and turbidity (Per approved methods authorized in 40 C.F.R. § 141.23);

* Volatile Organic Compounds;1,2,4-Trichlorobenzene, Cis-1,2-Dichloroethylene, Xylenes, TotalDichloromethane, O-Dichlorobenzene, P-Dichlorobenzene, Vinyl Chloride, 1,1-Dichloroethylene, Trans-1,2-Dichloroethylene, 1,2-Dichloroethane, 1,1,1-Trichloroethane, Carbon Tetrachloride, 1,2-Dichloropropane Trichloroethylene, 1,1,2-Trichloroethane, Tetrachloroethylene, Chlorobenzene, Benzene, Toluene, Ethylbenzene, Styrene, &Methyl Tert-Butyl Ether (MTBE)(Per approved methods authorized in 40 C.F.R. § 141.24);

· Synthetic Volatile Organics Screen: 2,4-D, 2,4,5-TP (Silvex), adipate, atrazine, BHC-Gamma (Lindane), Carbofuran, Dalapon, Di(2-ethylhexyl) Di(2-ethylhexyl) phthalate, Dinoseb, Endrin, Heptachlor, Heptachlor epoxide, Hexachlorobenzene, Hexachlorocyclopentadiene, Lasso(Alachlor), Methoxychlor, Simazine, PCBs (as decachlorobiphenyl), or PCBs (as aroclors), Pentachlorophenol, Picloram, Oxamyl (Vydate), &Velpar (Per approved methods authorized in 40 C.F.R. § 141.24); and

* Radionuclides: gross alpha, uranium and radon, per approved methods authorized in 40 C.F.R. § 141.25).

h.New Dug Wells and Springs for all Public Water Systems

i. All proposed dug wells and springs shall be considered surface water supplies and meet the requirements of the surface water source approval section of these rules (Section 3(G)(1) ).

i.Well Termination

i. All public water system wells shall terminate no less than 18 inches above the ground surface or be contained in a sealed, water tight pit, and have a sanitary seal well cap with a protected, screened vent at the termination of the well casing.

j.Treatment Required

i. All community water systems that use ground water sources and serve municipalities and/or districts must have chlorination facilities.

ii. All new community ground water supplies serving municipalities and/or districts may be required by the Department to continuously chlorinate for a period of 2 months following initial utilization. The Department may require further raw water testing following the 2-month period of chlorination.

iii. Prior to source approval, a treatment technique, approved by the Department, shall be installed for any contaminant found to be in excess of the maximum contaminant level. This section shall not apply to sodium. See Section (7)(E)(2) regarding sodium.

iv. The Department may, at its option, require the installation of treatment equipment if a contaminant is present in sufficient quantity to constitute a public health concern in the future, even if the contaminant level does not exceed the current maximum contaminant level. The Department, in such cases, shall provide opportunity for appeals, hearings and reviews.

v. All public drinking water systems determined to be ground water sources under the direct influence of surface waters shall comply with the requirements listed in Section (7)(H) regarding filtration and disinfection.

k. Review period for plans submitted either for preliminary or final well approval.

i. The Department will review and make a decision on an application within 30 days. The review and approval period shall begin after the Department has received all information requested and the information provided is sufficient for the Department to make an informed decision.

H.Existing Sources

1.Surface Water Systems

a. All existing public surface water systems, including systems serving ground water under the direct influence of surface water, shall be filtered and continuously disinfected with chlorine or by some other means approved by the Department unless the water system meets all criteria for avoiding filtration (See Section (7)(H) regarding filtration and disinfection requirements).

b. Areas within 200 feet of intakes should be land-use restricted by means of deed, easement, or other legal document.

c. Unfiltered public water systems serving surface water and/or ground water under the direct influence of surface water shall have as anitary survey of the watershed conducted at reasonable intervals, with a report of said survey submitted to the Department. Such a watershed survey should include an annual inspection of the watershed and should evaluate water source protection, associated facilities and equipment and review operational procedures and maintenance records for the purpose of evaluating the adequacy of programs and procedures, such as source water protection, facilities and equipment operations and maintenance, etc., to produce and distribute safe drinking water. (See Section (7)(H)(1-6), i.e., 40 C.F.R. Sections 141.70 through 141.75 for additional information.)

d. All community surface water supplies shall evaluate their System Design Capacity and submit a report on forms provided by the Department for review, in order to determine System Design Capacity.

2.Ground Water Systems

a. All community water systems using ground water sources shall provide facilities for chlorination.

b. Hazardous chemicals (e.g. pesticides, petroleum products, degreasers, etc.) shall not be used or stored in the proximity of the well, except when used in water treatment.

c. Any hazardous chemical used in water treatment shall be stored in such a manner that it will be completely contained and not enter the aquifer.

d. The occurrence of spills of hazardous substances within the wellhead protection area shall be immediately reported to the Department by the water supplier upon knowledge of such an accident.

e. All discharges from water softeners or other treatment techniques shall be made in an approved manner.

f. All public water system wells shall have a sanitary seal well cap with a protected, screened vent at the termination of the well casing.

g. All existing public water system wells which are modified, altered or repaired, including hydrofacturing, in a manner that may change the yield or chemistry of the water served must comply with Section 3(F)(3) and be approved by the Department prior to commencement of the modifications, alterations, repairs or hydrofracturing. The Department may require, based on an evaluation of geologic conditions, individual land use and other factors potentially affecting water quality, additional testing to demonstrate safe water quality following such modifications. The Department may require water treatment to insure compliance with these rules.

I.Protective Measures

1. Public water suppliers shall have an active program for watershed and wellhead protection. Emergency response plans shall be designed by the respective supplies. The Department will provide guidance these areas.

2. The occurrence of spills of hazardous substances within the watershed shall be immediately reported to the Department by the water supply upon knowledge of such an incident. Emergencies may be reported to the Division of Environmental Health, Drinking Water Program at (207) 287-2070 during normal office hours, or at the 24 hour emergency number (207) 557-4214.

J.Bottled Water Approval

1.General Requirements: No person may extract or treat water for bottling in the State of Maine without first obtaining Department approval by demonstrating that the treatment and raw source water quality meet the requirements of these rules. Approval consists of an application review process, where the applicant must provide to the Department the following documentation:

a.Application. A completed application, which must be submitted to, and approved by, the Department before bottling;

b.Water Quality Results. Any test results that the Department deems necessary, due to surrounding environmental conditions or other circumstances that may indicate a threat of contamination to the well and potentially result in an adverse health impact on customers. Such monitoring must be performed at regular intervals, as determined by the Department, with testing/monitoring results reported to the Department within the established timeframes; and

c.Hydrogeologic Report. A report on the regional geology surrounding the site and the specific site geology is necessary for source approval and must include a description of the vertical and horizontal extent of the source aquifer using existing data. The information will be used to define the recharge area of the aquifer, or, in the case of regional aquifers, the zone of influence of the subject source. A report detailing the development of the source; the method of construction, including spring design, well installation, surface catchment, and intake structures; and transmission facilities as appropriate, is required. A watershed survey of the recharge area or zone of influence of subject source that identifies and evaluates actual and potential sources of contamination must be provided to the Department. A minimum 48-hour pump test must be conducted on each well, to determine safe yield. Based on the findings in the hydrogeologic report, a plan may be required for special monitoring of any significant contamination source and for taking restrictive preventative or corrective measures, as appropriate, to protect the source water. Such a report must be completed and submitted by a Maine-certified geologist. Water vending machines are exempt from this requirement to submit a Hydrogeologic Report.

2.Significant Groundwater Well Permit for New Sources. The Maine Department of Environmental Protection ("DEP") requires Groundwater Well Permits for new sources under the following circumstances, except when water is withdrawn for firefighting:

a. New Sources withdrawing at least 75,000 gallons during any week, or at least 50,000 gallons on any day, and is located at a distance of 500 feet or less from a coastal or freshwater wetland, great pond, significant vernal pool habitat, public water system well not owned or controlled by the applicant, or river, stream or brook; or

b. New Sources withdrawing at least 216,000 gallons during any week, or at least 144,000 gallons on any day, and is located at a distance of more than 500 feet from a coastal or freshwater wetland, great pond, significant vernal pool habitat, public water system well not owned or controlled by the applicant, or river, stream or brook;

c. "Significant Groundwater Well" does notapply to or include, the following:

i. A public water system well, except for those public water systems solely bottling water for sale;

ii. Individual home domestic supply;

iii. Agricultural use or storage;

iv. Development or part of a development requiring a permit, pursuant to Article 6, Article 7, or Article 8-A; or

v. A structure or development requiring a permit from the Maine Land Use Planning Commission.

3. Approval of Bottled Water Sources

a.Approval Required. The source water (i.e. spring, bore hole, well, etc.) of all bottled or bulk water offered or exposed for sale or distribution within the State of Maine, or meeting the definition of a public water system, must receive prior approval from the Department.

b.General Source Requirements. All sources must meet the Department's water quality requirements in Appendix A of these rules. Final approval of the proposed sources may be granted only after all required water quality analyses have been completed and it is further determined that the well is in compliance with Appendix A of these rules.

4. Approval of Bottled Water Facilities

a.Springs. All new spring construction and/or modifications to existing springs must meet the following minimum requirements:

i. A watertight wall must completely surround the spring and be at least 18 inches above the highest point off the ground and extending down through the overburden to water-bearing stratum. The top of the surrounding wall must be constructed in such a manner as to accommodate a cover.

ii. A tight-fitting, locked cover must be installed on top of the encircling wall to protect against contamination or vandalism.

iii. Where the spring is protected by a spring house, the building must be rodent and insect-proof and must be kept locked.

iv. A ditch, or ditches, must be dug to divert surface waters away from the spring. These ditches must be maintained free of debris that would interfere with proper diversion of surface water.

b.Drilled Wells. Drilled wells must be properly located with reference to surrounding sanitary conditions, properly developed, and protected against contamination. Drilled wells must meet the minimum following requirements:

i. The drilled well must be sealed watertight to the depth necessary to prevent surface contamination, and to seal off contamination of undesirable strata.

ii. The top of the well casing must be at least 18 inches above ground level, unless otherwise protected.

iii. A sanitary seal must be installed at the joint where the discharge pipe passes through the well casing.

iv. A sanitary seal well cap, vented with a screen, must be installed on top of the well casing.

c.Dug Wells or Driven Well Points. Dug wells or driven well points in shallow aquifers are not recommended as sources of water. If these are in use, then they must meet the following minimum requirements:

i. Dug wells and driven well points must be properly constructed according to good sanitary engineering practices and protected against potential contamination.

ii. Dug wells and driven well points must have a watertight lining extending at least six (6) feet below the ground surface. Dug wells must be back filled with clay from the ground surface to a depth of not less than four (4) feet.

5.Groundwater under the Influence of Surface Water. Any source meeting the definition of "surface water" (or "Groundwater under the influence of surface water") must comply with the regulations pursuant to Section 7(H) of these rules and 40 C.F.R. § 141.70 of the C.F.R.. New (i.e. previously unregulated by the Department) dug wells are considered surface water. Springs, well points and drilled wells may be classified as surface water, based on testing requirements, as defined above.

10-144 C.M.R. ch. 231, § 3