Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
385 - MANUFACTURED HOUSING BOARD
Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES
Section 385-840-1 - Definitions

1. APA: "APA" means the Maine Administrative Procedure Act.

2. Active Operation: A water system in Active Operation is a system that is currently distributing water to consumers.

3. Board: "Board" means the Manufactured Housing Board as described in 10 MRS §9003.

4. Boil Water Order: "Boil Water Order" means an order issued by the Board to protect the health of persons consuming water from a Private Water System that may be contaminated by pathogenic microorganisms.

5. Community Water System: "Community Water System" means any water source and system of pipes or other constructed conveyances, structures and facilities through which water is obtained for or sold, furnished or distributed to community residents for human consumption, that is regulated by the Division of Environmental Health within the Maine Center for Disease Control and Prevention, Department of Health and Human Services ("Division"), pursuant to the Safe Drinking Water Act, Title 22 MRS §2611 et seq. and its implementing rules.

6. Conditional Operation: "Conditional Operation" means the licensed operation of an existing non-compliant Private Water System, operating subject to conditions as set forth by order of the Board, as described in Section 5.

7. Contaminant: Any physical, chemical, biological, or radiological substance or matter in water.

8. Deficiency: Any defect in a system's design, operation, maintenance, or administration, as well as any failure or malfunction of any system component, that the Board or Division determines to cause, or has the potential to cause, a violation of the Board's rules and an unacceptable risk to health, or that could affect the reliable delivery of safe drinking water.

9. Designated Operator: "Designated Operator" is the person(s) designated by the Licensee, owner, operator, or manager to make decisions regarding the daily operational activities of a Private Water System, water treatment facility, and/or distribution system that may directly impact the quality and/or quantity of drinking water. The Designated Operator shall also be responsible for taking water samples, conducting tests, and furnishing test results to the Board, and for notification to all consumers of Board orders and water quality reports and notices. The Designated Operator shall be the point-of-contact for the Board.

10. Division: "Division" means the Division of Environmental Health, or its successor Division, within the Maine Center for Disease Control and Prevention, Department of Health and Human Services.

11. Emergency Order: In order to protect the public health, the Board may, without a prior hearing, issue an Emergency Order requiring the operator or owner of the water system to immediately take such action as is required under the safe drinking water requirements.

12. Engineering Study: An engineering study consists of a technical evaluation by a Maine licensed professional engineer of a water system's source, treatment, pumping, distribution and/or storage, to identify deficiencies that limit or prohibit a water system's ability to reliably provide water of acceptable quality and/or quantity. The engineering study must also recommend a course of action to implement improvements as needed.

13. Existing Water System: "Existing Water System" is a Private Water System in Active Operation that supplies water to consumers prior to the effective date of these rules, and shall be subject to these rules.

14. Expanded, Upgraded, or Re-engineered Water System: Any modification that may affect the quality or quantity of water produced, including but not limited to compliance with these rules, correction of violations, expansion, upgrading, or re-engineering of an existing Private Water Systems, including the distribution system.

15. Hearing: An adjudicatory hearing conducted by the Board pursuant to the Administrative Procedure Act.

16. Licensee: "Licensee" means a manufactured housing community regulated by the Board that holds a current license issued by the Board, or a manufactured housing community, together with its owner, that formerly held a license issued by the Board that has expired or been suspended.

17. Maximum Contaminant Level (MCL): The maximum permissible level of a contaminant in water which is delivered to the free flowing outlet of the ultimate user of a Private Water System.

18. New Private Water System: Any newly constructed well, water source, intake, or other structure or device intended as a supply of water for a Private Water System. All new sources of water intended for use by a Private Water System shall be subject to these rules pertaining to new wells and water sources.

19. Non-Compliant:A Private Water System that is in violation of the provisions of this chapter.

20. Order of Correction: A written complaint and notice of violation of the Board's rules, issued by the Board.

21. Person: An individual, association, partnership, company, public or private corporation, political subdivision or agency of the State, department, agency or instrumentality of the United States, or any other entity.

22. Potable Water: Water that is satisfactory for drinking, culinary, and domestic purposes and meets the requirements and standards contained in these rules.

23. Private Water System(s): Any manufactured housing community system of well(s), water source(s), pipes, or other constructed conveyances, structures, and facilities through which water is obtained and furnished or distributed to the public for consumer consumption, if such a system serves less than ten (10) licensed sites or service connections per well, and which is not regulated by the Division.

"Private Water System" includes any collection, treatment, storage, or distribution pipes or other constructed conveyances, intakes, structures or facilities under the control of the supplier of water, and used primarily in connection with such a system, and any collection or pretreatment storage facilities not under that control that are used primarily in connection with such a system. This includes multiple independent water wells or sources comprising a Private Water System. Private Water System does not include the portion of service pipe or devices owned and maintained by a homeowner of a private water system.

24. Safe Yield:The methods and standards described in the Manual for Water Well Construction Practices, 2nd Edition, 1998 (published by the National Ground Water Association), shall be used for the proper development and determination of safe yield for all proposed wells. All water quality samples shall be collected after proper well development and disinfection, and at the conclusion of continuous pumping of the well for a sufficient period of time so that a minimum of three well bore volumes have been removed.

25. Sample; Water Sample: An amount of untreated (raw) source water or finished (treated) drinking water that is examined for the presence of a contaminant.

26. Violation: Noncompliance with the Board's drinking water rules, regardless of whether that noncompliance is intentional, negligent, or otherwise.