Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 592 - THE SMALL COMMUNITY WASTEWATER PROGRAM
Section 096-592-4 - Review of applications

Universal Citation: 06 ME Code Rules ยง 096-592-4

Current through 2024-38, September 18, 2024

A. Project priorities. Applications are prioritized by the severity of the pollution problem caused by the existing condition. Four types of pollution problems are used to prioritize applications, and each application is assigned a priority type based on the predominant category of problems shown in the application. Grants are awarded on the basis of priority type assigned, documentation of specific problems, and the number of requests received during the year.

(1) Public drinking water supply protection projects are designated as priority 1, the highest priority. The project must eliminate a source of contamination to a public surface or subsurface drinking water system as defined by 22 M.R.S.A. §601. This priority type will be assigned to a project when a potential public health hazard exists as a result of the contamination, and the contamination does or will require alternative sources of water or additional water treatment if the project is not carried out.

(2)Shellfishery protection projects are designated as priority 2, the second highest priority. The project must eliminate a source of contamination to a shellfishing area. This priority type will be assigned to a project that will eliminate sources of waste responsible for a shellfish area closure or eliminate sources of pollution in order to maintain an open status, according to the standards of the Department of Marine Resources.

(3) Water protection projects are designated as priority 3, the third highest priority. The project must eliminate a source of inadequately treated sewage to waters of the State. This priority type will be assigned to a project that will eliminate direct discharges of untreated or partially treated wastewater that degrade the quality of waters of the State.

(4) Public nuisance condition elimination projects are designated as priority 4, the fourth highest priority. The project must eliminate a hazard to public health resulting from the improper disposal of sewage. Public nuisance conditions may exist even if there is no discharge of sewage to a waterbody. This priority type will be assigned to a project that eliminates a nuisance or health hazard to the public caused by a malfunctioning or inadequate wastewater treatment and disposal system. A malfunction contained wholly within an owner's property is not normally considered to be a public nuisance.

NOTE: In addition to information furnished in the application, the department may also seek information from the Department of Human Services, the Department of Marine Resources, or other sources in the assignment of projects to specific categories and determination of the relative priority of problems within a category.

B. Priority list. The project priority list prepared by Commissioner staff is submitted to the board for approval. After approval, each applicant whose project will be funded is notified by the Commissioner, and two copies of an application for state grant that formally allocates the grant funds are then sent to each applicant for signature by authorized officials. An applicant who is not funded in any calendar year must reapply to be considered in the next calendar year.

C. Rescission of unspent grant funds. Grants which are awarded but not spent during the same calendar year may be rescinded by the department and used for other projects.

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