Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 543 - RULES TO CONTROL THE SUBSURFACE DISCHARGE OF POLLUTANTS
Section 096-543-3 - Prohibited discharges

Universal Citation: 06 ME Code Rules ยง 096-543-3

Current through 2024-38, September 18, 2024

A. Prohibition of unauthorized discharge. All subsurface discharges of fluids into or through a well are prohibited, except as authorized in accordance with this chapter;

38 M.R.S.A. §413(1-B) or the "Maine Subsurface Waste Water Disposal Rules,"

10-144 CMR 241.

B. Prohibition of movement of fluid into groundwater

(1) No owner or operator of a well shall construct, operate, maintain, convert, plug, abandon or conduct any other discharge activity into that well in a manner that allows the movement of fluid containing any pollutant into groundwater, if the presence of that pollutant may cause or contribute to a violation of its groundwater classification as established in 38 M.R.S.A. §470, groundwater classification standards as established in 38 M.R.S.A., §465-C, surface water classification as established in 38 M.R.S.A. §467et seq., surface water classification standards as established in 38 M.R.S.A., §§465, 465-A, and 465-B, applicable drinking water regulations and/or exposure guidelines, including but not limited to primary drinking water regulations under 40 CFR, Part 142, or may adversely affect the health of persons. The owner or operator of the well has the burden of showing that the requirements of this paragraph are met.

If at any time the department learns that a Class V well has violated Sections 3(A) or 3(B) above, the department may:

(a) Require the owner or operator of the well to obtain a license for subsurface wastewater disposal, pursuant to 38 M.R.S.A. §413(1-B); or

(b) Take enforcement action pursuant to 38 M.R.S.A. §347-A that may require, among other things, that the owner or operator of the well take such actions as necessary to prevent the violation or remediate damage, including, where necessary, closure of the well.

(2) Closure of any Class V well must comply with the prohibition of movement of fluid to groundwater, as stated in Section 3(B)(1). The owner or operator must also dispose or otherwise manage any soil, gravel, sludge, liquids or other materials removed from or adjacent to the injection well in accordance with all applicable federal, state and local regulations and requirements.

(3) In addition to the provisions established in 38 M.R.S.A, §§464 and 470, any reclassification of groundwater in Maine is subject to approval by the U.S. Environmental Protection Agency in accordance with procedures in 40 CFR,

§§ 144.7 and 146.4.

C. Prohibition of Class I, II, and III wells. Discharge of fluids into or through Class I, II or III wells, as described in Section 2(A) through 2(C), is prohibited.

D. Prohibition of certain Class IV wells

(1) The subsurface discharge of hazardous waste into or through a Class IV well, as described in Section 2(D)(1) and 2(D)(2), is prohibited.

(2) The subsurface discharge of radioactive waste into or through a Class IV well, as described in Section 2(D)(1), is prohibited.

(3) Any discharge of radiological, chemical or biological warfare agents or high-level radioactive waste to the waters of the State, directly or indirectly, is prohibited by 38 M.R.S.A. §420(3).

E. Prohibition of certain Class V wells

(1) Motor vehicle waste disposal wells
(a) The subsurface discharge of pollutants into or through new and existing motor vehicle waste disposal wells, as described in Section 2(E)(1), is prohibited. Closure must comply with the prohibition of fluid movement as described in Section 3(B)(1).

Closure options include, but are not limited to, sealing the drain to prevent further discharge, connecting the floor drains to a municipal sewer system or connecting to a holding tank and disposing of the holding tank contents, if allowed, through a publicly-owned treatment works or with a hazardous waste contractor. Closure options also include converting the well to another type of Class V well as described in Section 3(E)(1)(c). Allowing pollutants to discharge to the ground surface, otherwise known as "daylighting," is not a closure option. The owner or operator shall also dispose or otherwise manage any soil, gravel, sludge, liquids or other materials removed from or adjacent to the motor vehicle waste disposal well in accordance with all applicable federal, state and local regulations.

(b) At least thirty (30) days prior to closing an existing motor vehicle waste disposal well, the owner or operator shall notify the department of his or her intent to close the well.

(c) The department may authorize the conversion (reclassification) of a motor vehicle waste disposal well to another type of Class V well. Motor vehicle waste disposal wells may only be converted if:
(i) All motor vehicle maintenance activities and fluids are segregated by physical barriers and are not allowed to enter the well; and

(ii) Discharge or injection of motor vehicle waste is unlikely based on a facility's compliance history and records showing proper waste disposal.

The use of a temporary plug as the means to segregate waste is not sufficient to convert a motor vehicle waste disposal well to another type of Class V well.

(2) Large-capacity cesspools
(a) The subsurface discharge of wastes into or through large-capacity cesspools, as described in Section 2(E)(3), is prohibited.

(b) All large-capacity cesspools existing on or before April 5, 2000 must be closed no later than April 5, 2005. Closure must comply with the prohibition of fluid movement as described in Section 3(B)(1).

NOTE: New large-capacity cesspools were prohibited by federal Underground Injection Control regulations (64 FR 56546), effective April 5, 2000. Federal UIC regulations are in accordance with 40 CFR, Parts 9, 144, 145, and 146, as amended at 64 FR 68566 (Dec. 7, 1999) and 67 FR 39593 (June 7, 2002).

Closure options include, but are not limited to, conversion to a subsurface wastewater disposal system or connection to a municipal sewer system. Domestic wastewater must be managed in accordance with "Maine Subsurface Waste Water Disposal Rules," 10-144 CMR 241. The owner or operator shall also dispose or otherwise manage any soil, gravel, sludge, liquids or other materials removed from or adjacent to the cesspool in accordance with all applicable federal, state and local regulations.

(c) At least thirty (30) days prior to closing a large-capacity cesspool, the owner or operator shall notify the department of his/her intent to close the cesspool. The department will forward a copy of this notice to the Department of Health and Human Services.

F. Prohibition of certain floor drain connections. A floor drain may not be connected to a well, including a drywell or septic system, or to a pipe that discharges to the ground surface (also known as "daylighting") if there is a significant potential for industrial, hazardous or toxic liquids or pollutants to discharge into the floor drain.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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