10- 144 C.M.R. ch. 235, § 12

Current through 2024-51, December 18, 2024

Section 144-235-12 - BULK WATER TRANSPORT

A. PROHIBITION. Except as otherwise provided in this section, no person may transport water for commercial purposes by pipeline or other conduit or by tank truck or in a container, greater in size than 10 gallons, beyond the boundaries of the municipality or township in which water is naturally located or any bordering municipality or township. 22 MRSA §2660 defines when a permit is necessary to transport water for human consumption across town lines within the State of Maine.

B. EXCEPTIONS. The prohibition in this section does not apply to:

1. Any water utility as defined in Title 35-A.

2. Water transported for use in well drilling, construction activities, concrete mixing, swimming pool filling, servicing portable toilets, firefighting, hospital operations, aquaculture, agricultural applications or civil emergencies.

3. Water distilled as a by-product of a manufacturing process.

4. Water transported from a water source that, before July 1, 1987, was used to supply water for bottling and sale, and which is used exclusively for bottling and is sold in its pure form or as a carbonated or flavored beverage product.

C. PERMIT REQUIRED. The Commissioner, after consultation with the Public Utilities Commission and the State Geologist, and upon the recommendations of the Department, may authorize transport of water for commercial purposes if the Commissioner finds that:

1. Transport of the water will not constitute a threat to public health, safety or welfare;

2. The water is not available naturally in the location to which it will be transported; and

3. Failure to authorize transport of the water would create a substantial hardship to the potential recipient of the water. Any authorization under this subsection must be for a period not to exceed 3 years, but may be renewed subject to the same criteria. [1997, c. 587, §2(amd).]

D. EMERGENCIES. In case of an emergency, any person may transport water as necessary for the duration of the emergency, but the person transporting the water must inform the Department within 3 days and the Department may determine when the emergency is over.

E. PENALTY. Any person who transports water in violation of this section is guilty of illegal transport of water. Illegal transport of water is a Class D crime. Each shipment or day of transport, if by pipeline, is a separate offense.

F. SOURCE APPROVAL. Bulk water sources shall meet the requirements of Sections 3 and 4 of these Rules, or be approved by the state agency having local jurisdiction. Bulk water shall be loaded, transported and unloaded in a sanitary manner to ensure the overall safety and quality of the finished water product.

G. MATERIAL. Bulk water tankers, storage tanks, hoses, pumps and connections used for loading, transporting and unloading of bulk water shall be constructed of materials that are FDA food-grade, smooth, non-absorbent and easily cleanable such as stainless steel (300 series).

H. DEDICATED EQUIPMENT. Tankers shall be dedicated for the hauling of bulk water only, for bottling purposes. Tankers that have been previously used to haul non-food commodities such as toxic materials, petroleum products, or other harmful substances shall not be used to haul drinking water for human consumption. Tankers shall be cleaned, sanitized and inspected internally for tank integrity on a routine basis.

I. CLEANING AND DISINFECTION PROCEDURES FOR MOBILE BULK STORAGE CONTAINERS (MBSC):

1. Inspect the container to ensure that it is watertight and free of debris. Remove all debris.

2. Disinfect the container for 30 minutes using not less than 100 ppm chlorine solution. Alternatively, "super ozonated" (greater than 1 ppm) water may be used. Allow disinfected water to flow through all pipes and overflows. Use gloves and avoid breathing fumes (wear an OSHA approved chemical cartridge respirator if necessary). Take all necessary safety precautions in accordance with OSHA standards.

3. Mix solution throughout the container. Scrub the inside of the container with a clean long handled brush to remove bio-film and other accumulated debris.

4. Fill tank completely full, with not less than 10 ppm chlorine solution. Allow at least 1-hour contact time.

5. Drain and rinse container with operations water.

6. Fill tank with product (potable) water. Ensure that the free chlorine residual in the container is at least 2 mg/l. If ozonation is utilized, the ozone residual in the container shall be at least 0.2 mg/l. Record this measurement at the time of loading and unloading.

7. Secure and lock access hatches to the container to prevent unauthorized access and potential contamination.

8. An alternative cleaning and disinfection procedure may be employed in accordance with the tank manufacturer recommendations and with prior approval from the Department.

J. HOSES AND CONNECTIONS. Connections (hoses) and pumps used for the loading and unloading of bulk water shall be properly maintained and stored to prevent contamination. When not in use, pumps, hoses, connections and fittings shall be properly capped, securely stored and protected from possible contamination. Manhole cover gaskets and safety seals shall be maintained to prevent possible contamination.

K. BACTERIA SAMPLING. Representative samples shall be taken from shipments of bulk water for the analyses of total coliform bacteria. The minimum frequency of sampling shall be one sample from each tanker on a weekly basis, or more frequently as determined by the Department.

L. RECORDS. Shall be maintained for a minimum of two years, to include the following information:

1. Name of the transporter and/or driver.

2. Tanker number.

3. Date of shipment.

4. Vendor and location of the source water.

5. Name of the receiver and the location to which the water was shipped.

6. Date of delivery.

7. Date of tanker cleaning and sanitization (includes name of operator).

8. The concentration of the disinfectant residual (if required by the local state agency having jurisdiction) at the time of loading and unloading.

9. Results of total coliform bacteria testing performed on representative samples taken from shipments of bulk water for each tanker to be performed at least once per week.

M. TANK SHED. Stationary (or non-mobile) bulk water storage containers shall be housed in an enclosed structure with concrete slab (or equivalent) foundation. The structure shall have adequate floor drainage. Doors and windows shall have 24-mesh screens to prevent pests from entering.

10- 144 C.M.R. ch. 235, § 12