Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 231 - RULES RELATING TO DRINKING WATER
Section 144-231-1 - ADMINISTRATION
Universal Citation: 10 ME Code Rules ยง 144-231-1
Current through 2024-38, September 18, 2024
A. Application and Scope
The provisions of these rules apply to all public water systems, unless specifically noted.
B. Constitutionality Clause
Should any section, paragraph, sentence, clause, or phrase of these regulations be declared unconstitutional or invalid for any reason, the remainder of said regulations will not be affected thereby.
C. Licensed Water Operators
1. Owners of all Community
and Non-Transient Non-Community water systems shallplace the direct supervision
of their water system, including each treatment facility and/or distribution
system, under the responsible charge of an operator holding a valid license
with classification equal to or greater than the classification of the
treatment facility and/or distribution system.
2. Owners of all public water systems that
use surface water as a source shall place the direct supervision of their water
system, including each treatment facility and/or distribution system, under the
responsible charge of an operator holding a valid license equal to, or greater
than, the classification of the treatment facility and/or distribution
system.
3. The operator in
responsible charge shall hold a valid license equal to, or greater than, the
classification of their water system, including each treatment facility and
distribution system as determined by the Department.
4. The operator in responsible charge shall
ensure that adequate operational and emergency response procedures are in place
to enable licensed operating personnel to make appropriate process control
system integrity decisions about water quality and quantity.
5. All operating personnel making process
control system integrity decisions about water quality or quantity that affect
public health shall be licensed.
6.
A designated licensed operator shall be available for each operating
shift.
7. Transient Non-Community
water systems serving ground water are generally not required to employ
licensed operators; however, these water systems shall employ or designate
individuals responsible for their operation, who are responsible for proper
record-keeping, treatment maintenance and sample collection, as stated in these
rules. If the Department finds that such transient water systems demonstrate a
lack of capacity (as described in Section
3(E) of these rules)
or pose an imminent hazard to public health (as described in Section
1(F) of these rules),
then the Department may require that the water system engage a licensed water
operator holding an appropriate license for the system classification.
8. Whenever a licensed water
operator is required, that operator shall maintain their licensure and shall
comply with these rules. If the Department finds that a water operator is not
complying with these rules, then the Department may require that the water
system obtain a different licensed operator.
D. Departmental Laboratory Fees
1. The Department will charge a fee for any
examination, testing or analysis required under the rules and performed in the
Department of Health and Human Services Health and Environmental Testing
Laboratory. Such fees will be established and reviewed in accordance with the
Maine Administrative Procedure Act at 5 M.R.S., Chapter
37 5.
2. Any person required under this chapter to
submit samples of water to the Department for analysis is required to pay the
shipping charges thereon.
E. Engineering Studies
1. The Department is authorized to order a
public water system to conduct engineering studies to correct deficiencies or
violations to the Safe Drinking Water Act, or these
rules.
2. The Department is
authorized to order that any or all of the recommendations in the study be
carried out. Prior to such an order, an opportunity for a public hearing shall
be provided by the Department.
F. Imminent Hazards to Public Health
1. Pursuant to
22 M.R.S.
§2617, the Department is authorized to
issue orders to any person to comply with the requirements of these
regulations, and is further authorized to petition the courts to compel
compliance with such orders.
2.
Pursuant to
22 M.R.S.
§2614, upon receipt of information that
there is an imminent endangerment to health due to the actual or threatened
existence of contaminants in a public water system, or if for other reasons,
the Department may take such actions, including, but not limited to, issuing
necessary orders or commencing court action, as it deems necessary to protect
the public health.
3. Pursuant to
22 M.R.S.
§2614, upon receipt of information that
there is an imminent endangerment to public health due to the actual or
threatened existence of biological contaminants, as indicated by the presence
of pathogenic microorganisms or the presence of indicator organisms that
indicate the potential presence of pathogenic microorganisms, in a public water
system , or when, in the judgment of the Department, such a condition exists or
is likely to exist in a public water system and will result in a serious risk
to public health, the Department shall initiate "Boil Water Order" procedures.
Upon the determination by the Department that conditions exist that would
warrant the issuance of a "Boil Water Order," the public water system will be
immediately notified of the determination. Upon notification by the Department
of the "Boil Water Order," the public water system must immediately institute
the "Boil Water Order" system-wide, or as otherwise directed by the Department
until such time as the Department makes the determination that the "Boil Water
Order" may be lifted.
a.
Boil Water
Order Procedures
i. The Department
will provide the appropriate Boil Water Order language to the owner, manager,
or other responsible individual by telephone, electronic notification, FAX or
in person, for immediate distribution to consumers.
ii. If the Department is unable to contact an
appropriate person then the Department's field staff may distribute handbills
to consumers.
iii. The Department
will followup by sending the Boil Water
Order language and other requirements in writing via certified mail to the
appropriate representative of the water system concerned.
iv. Nothing in these Boil Water Order
procedures absolves the supplier of water from providing appropriate public
notification to their consumers.
b. When a water system is issued a "Boil
Water Order" by the Department, that water system shall appropriately notify
consumers within 24 hours of its issuance.
c. Notification of the "Boil Water Order"
shall be accomplished by publishing it in a daily newspaper of general
circulation in the area the system serves water to the public; announcing it on
a local radio; announcing it on television, or other methods approved by the
Department; for non-community water systems, posting it in conspicuous places
(i.e. employee bulletin boards, bathrooms, doors entering an establishment, and
other appropriate places), by hand delivering it to each consumer or by other
methods approved by the Department. The Department may require any combination
of the above forms of notification that it deems necessary to sufficiently
inform the consumers of water of the "Boil Water Order."
d. The following language shall be included
in all "Boil Water Order" notices distributed by the system:
"Due to the possibility of unsafe water, public water system users are directed to Boil All Water for at least one minute at a rolling boil before drinking, making ice cubes, washing foods, brushing teeth or engaging in any other activity involving the consumption of water. The Order shall remain in effect until further notice.
Questions regarding this notice may be directed to the Public Water System at:
Fill-in: Name of Contact Person
Name of System
Telephone #or to the Maine C.D.C. Drinking Water Program at (207) 287-2070.
e. The
Department may lift the "Boil Water Order" if it determines that the imminent
endangerment to public health has been remedied. Prior to lifting the "Boil
Water Order", the Department will collect, or require the public water system
to collect, the appropriate number of bacteria samples:
The required number of samples collected to lift a "Boil Order" shall correspond to the population requirement of the Total Coliform Rule and the Revised Total Coliform Rule in Section 7, but in no case shall be less than three. Population determination for the Boil Water Order shall be based upon the affected area of the Boil Water Order.
All samples shall test negative for E. Coli/Total Coliform/Fecal Coliform in order for the Department to lift the "Boil Water Order."
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
