10- 144 C.M.R. ch. 240, § 6

Current through 2024-51, December 18, 2024
Section 144-240-6 - DEPARTMENT LPI REVIEW
A. The Department is responsible for ensuring the proper administration of the Subsurface Wastewater Disposal Rules and permitting processes by municipalities. The Department must assist municipalities in complying with these Rules.
B. The Department must review the administration of the Subsurface Wastewater Disposal Rules and laws in each municipality, for compliance with these Rules and with 30-A M.R.S.A. §3428. This review must be made on a regular basis and may be made in response to a written complaint from any person, as necessary. The Department must inspect the municipality's records and discuss the administration of the program with the LPI. The LPI must be available during the Department's review and cooperate in providing all necessary information. The Department must report the results of its review in writing to the municipality and, when applicable, to the complainant. The written notice must set forth the Department's findings of whether the municipality is in compliance with these Rules and 30-A M.R.S.A. §3428.
C. If, after review, the Department finds any violation of these Rules or 30-A M.R.S.A. §3428, it must notify the municipality that it has 30 days in which to take enforcement action and must specify what action must be taken in order to achieve compliance. The municipality must file a plan acceptable to the Department, setting forth how it will attain compliance. The Department must notify the municipality that it will review the municipality for compliance, within 60 days of accepting the plan and must conduct that review. Any municipality which fails to file an acceptable plan with the Department or which remains in violation at the expiration of the 60-day period, is subject to a civil penalty of at least $500. The Department must enforce this Section in any court of competent jurisdiction. Every 30-day period that a municipality remains in violation after review and notification constitutes a separate offense.
D. Proper administration means:
(1) Issuance of permits and collection of fees according to the Rules and procedures established by the Department.
(2) Inspection of internal plumbing and subsurface wastewater systems according to the Rules and procedures established by the Department.
(3) Resolution of Rule violations and correction of malfunctioning disposal systems through use of appropriate enforcement actions. See 30-A M.R.S.A. §4452.
E. The Department, in consultation with SPO, may, upon documentation of fraud, negligence, misconduct, or incompetence by the LPI, in the performance of the required duties, seek revocation or suspension of the LPI's certification through the District Court, pursuant to 30-A M.R.S.A. §§4221(2) and 4451(6).

10- 144 C.M.R. ch. 240, § 6