Current through 2024-38, September 18, 2024
A.
Water Pressure
All community water systems shall be operated and maintained
to provide minimum positive pressure of 20 p.s.i. at the curb stop (curb cock),
except as otherwise provided for in limited service agreements.
B.
Covered Reservoirs
All finished water reservoirs shall be covered and the vents
to the reservoirs shall be adequately screened. Variances to this sub-section
are not allowed.
C.
Flushing
1. Newly constructed
water distribution mains and finished water storage facilities shall be flushed
and disinfected before use in accordance with the appropriate AWWA standard
(See Section (3)(F)(2)).
2. No
spring basin, collecting basin, well, infiltration gallery, water main, pump,
standpipe or reservoir may be placed in service following cleaning or repairs
until it has been properly disinfected.
D.
Disinfection
When any water system fails to meet the proper coliform
level, the Department may designate the disinfectant residual or application
rate to be maintained by the system. Public water systems with ground water
supplies may be required by the Department to be disinfected. Disinfection
residual compliance measurements may be accomplished by use of a DPD
colorimetric test kit or any other method as approved by the Department. All
treatment techniques shall be approved by the Department.
E.
Separations and Crossings of Water
Mains and Sewers
1. Water mains shall
be laid at least 10 feet horizontally from any existing or proposed sewer
measured edge to edge. In cases where it is not practical to maintain a ten
foot separation, the Department may allow a waiver to this requirement on a
case-by-case basis, if supported by data from the design engineer. Such waivers
may allow installation of the water main closer to a sewer, provided that the
water main is laid in a separate trench or on an undisturbed earth shelf
located on one side of the sewer at such an elevation that the bottom of the
water main is at least 18 inches above the top of the sewer. Concrete
encasement of the sewer joints may be required.
2. Water mains crossing sewers shall be laid
to provide a minimum vertical distance of 18 inches of free earth between the
water main and the sewer. This requirement applies where the water main is
either above or below the sewer. At crossings, one full length of water pipe
shall be located so both joints will be as far from the sewer as possible.
Special structural support for the water and sewer pipes may be required. In
such crossings, the Department may require sewer pipe of like material as the
water pipe, plus concrete encasement.
3. There shall be at least a 10-foot
horizontal separation between water mains and existing or future sanitary sewer
force mains. There shall be an 18-inch vertical separation at crossings, as
required in Section (4)(E)(2) of these rules.
4. No water pipe may pass through or come in
contact with any part of a sewer manhole.
F.
Cross-Connection
Public water systems shall comply with the applicable
provisions of 10-144 C.M.R. Ch. 226 Cross-Connection Rules and 02-395 C.M.R.
Ch. 4 Internal Plumbing Code.
G.
Hydrants
All new or replacement hydrants shall be of the type having
no drain or shall have the drain plugged prior to installation. The barrels of
the hydrants shall be pumped dry during freezing weather or protected with
propylene glycol or food safe glycerin.
H.
Curb Stops
Curb stops (Curb Cocks) for new or replacement installations
shall be of the type manufactured with pluggable drains and plugged or without
drain holes.
I.
Emergency Changes
1. The
supplier of water shall not take, use, or cause to be taken for use, water from
any alternate source or change other treatment processes which involve the
addition or deletion of any chemicals, without the approval of the Department.
The Department shall advise the supplier of water and interested local
officials of the approved action or proposed action by the supplier of water to
protect the public health. If there is no person from the Department available
at the time of an emergency, such action shall be taken only by a designated
operator, licensed by the Board of Licensure of Water System Operators, who
shall notify the Department at the earliest possible business hour.
2. A printed copy of this section shall be
conspicuously posted by the supplier of water and shall be readily available to
any water operator. Such posting shall include the address and phone number of
the Drinking Water Program, Division of Environmental Health, Maine Center for
Disease Control and Prevention, Department of Health and Human
Services.
J.
Fluoridation
1.
Authorization: In those municipalities which have authorized the
addition or discontinuation of fluoride to their water supply pursuant to
22
M.R.S. §2653, the municipal clerk shall
inform the water system in writing of the municipality's authorization, within
10 days of the final tabulation by the Secretary of State, pursuant to
22
M.R.S. §2656(3). The
water system shall inform the Department in writing within 7 days of the water
system receiving such notice from the municipal clerk.
2.
Optimum Level: The target
level of fluoride for dental benefit is 0.7 milligrams per liter (mg/l) in
drinking water in Maine.
3.
Recommended Control Range: The recommended control range is 0.5 to
1.2 mg/l (parts per million) of the optimum level. The recommended control
range helps maintain optimal fluoridation.
4.
Monitoring: All public water
systems that fluoridate must monitor and report the daily fluoride
concentration at each application on days in which fluoride is added. The
measurement at the fluoride application point should be performed by an
accepted analytical method. Theoretical calculations have value as a quality
control measure and can be substituted in the event of analytical method
malfunction, not to exceed 10 days in a month.
5.
Daily Analytical Measurement:
Public water systems that measure for a daily analytical shall continuously
monitor for fluoride ion concentration at each fluoride application point,
unless the conditions of Section
4(J)(5)(b)are met.
Automated continuous monitoring shall include or meet the following:
a. Continuous monitors may adapt a specified
fluoride testing methodology, provided the chemistry, precision and accuracy
are equal to or greater than the original testing methodology. See Section
7(C)(3)for testing
methodology requirements. Calibration shall be according to manufacturer's
recommendations.
b. Instrumentation
providing for notification of water operator if fluoride concentration is
outside of optimum range.
c.
Instrumentation providing for notification of water operator if there is a
failure of the continuous monitoring.
d. In lieu of continuous monitoring, a
representative daily grab sample(s) may be collected from each fluoridation
application point and analyzed daily for fluoride ion concentration.
e. If the result of a fluoride analysis is
outside the optimum range, the sampling and measurement shall be confirmed by
re-sampling as soon as practicable.
i. If the
repeat sample is greater than 2.0 mg/l, the operator shall take appropriate
action to correct the problem and inform the Department within 72
hours.
ii. If the repeat sample is
less than 0.5 mg/l, then the operator shall correct the problem and provide a
note on the Monthly Operating Report, describing the problem and the corrective
action.
6.
Daily Analytical Samples: If the daily analytical measurements or
substituted theoreticals are outside the optimum range (0.5 to 1.2 mg/l) for
more than 10 days during the month, then the public water system shall notify
the Department of the intended course of action, including technical assistance
or increased monitoring to address quality assurance.
a. In addition to the daily monitoring
requirements, a monthly compliance sample of fluoridated water from the
distribution system shall be submitted at least once each month to a laboratory
certified to analyze fluoride. The Department may require additional testing,
based on sample results and compliance history.
a. If two consecutive monthly compliance
samples are outside the optimum range of 0.5 to 1.2 mg/l, then the public water
system shall report 4 weekly additional samples that are within the range of
0.5 to 1.2 mg/l.
7.
Temporary Suspension of Fluoride: If a public water system
suspends the addition of fluoride for more than 30 consecutive days, then the
public water system must provide public notification as soon as practicable, or
within 30 days, whichever is sooner, with appropriate public notification
language. Modifications to the following text must be approved by the Drinking
Water Program.
8.
PUBLIC NOTIFICATION
TEMPORARY FLUORIDATION SUSPENSION
Dear User, The fluoridation adjustment in your community
drinking water will be (or has been) temporarily suspended due to: ().
Fluoridation is scheduled to be restored by the following date: ().
9. Compliance Sample Results:
Based upon the analytical results from a certified laboratory, the following
will be used to determine the necessary enforcement action.
Fluoride Level Action
< 0.5 or > 1.2 mg/l for 1 month
|
Call to Department for quality assurance.
|
< 0.5 or > 1.2 mg/l for 2 consecutive
months.
|
Test weekly for 4 weeks and Post Public Notice in
Consumer Confidence Report
|
>2.0 mg/l and <=;4.0 mg/l
|
Post Public Notice in Consumer Confidence
Report
|
> 4.0 mg/l
|
Tier 2 Violation: Post Public Notice within 30
Days
|
10.
Use of Consumer Confidence Report /Public Notification Language:
Failure to Monitor: If a public water system fails to collect any compliance
sample(s), the public water system must provide public notification of the
failure to monitor or report in the annual Consumer Confidence Report.
a. The following statement must be included
in the public water system's annual Consumer Confidence Report:
i. Fluoride Monitoring/Reporting Violations:
The public water system must state the following: "In (identify reporting
period), our water system failed to test and report monthly fluoride results to
the State of Maine Drinking Water Program. Fluoride levels must be maintained
between 0.5 to 1.2 mg/l, for those water systems that fluoridate the water.
Since this violation, fluoride testing and monthly reporting have resumed on
schedule.
ii. Fluoride Compliance
Samples Outside Optimum Range of 0.5 - 1.2 mg/l for 2 Consecutive Months: The
public water system must state the following: "During (identify months out of
range), our water system failed to report fluoride levels within the optimum
range of 0.5 to 1.2 mg/l."
b. Water systems that have temporarily taken
their fluoridation off-line due to malfunctions or maintenance are not required
to collect a compliance sample while fluoridation equipment is
off-line.
K.
Bottled Water
Public water systems which bottle water for consumption
shall comply with this section and any other relevant section of these rules.
1.
Ongoing Water Quality
Monitoring/Reporting for Bottled Water Facilities
a.
General Requirements. All
plants producing bottled water must be responsible for sampling and testing for
all physical, chemical, microbiological and radiological parameters specified
in Appendix A of these rules. Water quality results must be reported below all
maximum contaminant levels set within Appendix A.
i. Analyses must be conducted by a certified
laboratory in accordance with the testing and methodological requirements
specified by the U.S. E.P.A.'s National Primary Drinking Water Regulations
under 40 C.F.R. Sections 141-143.
ii. Raw samples from each source must be
analyzed by a certified laboratory as often as necessary, to identify evidence
of any change in water quality, but at a minimum frequency of quarterly, for
total coliform bacteria and annually for chemical, physical, and radiological
contaminants, which are listed in Appendix A of these rules.
iii. Finished water (production water)
monitoring frequency will be determined by the Department, based on raw water
quality results, treatment, and deficiencies identified.
b.
Reduced Testing for Bottled Water
Facilities: The Department may reduce the frequency of water quality
testing requirements on a case-by-case basis, after reviewing the source
conditions and water quality results for each source and determining no
potential health risks. The Department also reserves the right to reduce the
monitoring frequency of post-treated water after determining no potential
health risks from water quality results.
c.
Additional Testing for Bottled Water
Facilities: Notwithstanding any over provision of these rules, the
Department may require any bottler, distributor or vendor of bottled water to
test and submit results to the Department for any substance at any time, when
the Department determines that the substance may be present in a water source
and threaten public health. The Department reserves the right to increase
testing/monitoring frequency, based upon an evaluation of geologic conditions,
individual land use and other factors potentially affecting water
quality.
d.
Cease Production
Orders: When there is a violation of the Department's primary drinking
water regulations, or when, in the judgment of the Department, a condition
exists in a public water system which will cause a violation and potentially
cause a serious risk to public health, the Department may require the bottler
to cease water production. This term refers to one of the following events:
i. Confirmed e. coli in the source water
without meeting 4-log virus inactivation, including a detectable chlorine
residual;
ii. Bottled water after
treatment and prior to bottling which contains a drinking water contaminant
exceeding the Maximum Contaminant Level (MCL) regulated by the Department
within these rules;
iii. An
unprotected direct cross-connection with the sanitary sewer; or
iv. Any other violation that poses a
potential imminent threat to public health, as determined by the Department,
which is authorized.
L.
Sanitary Surveys
1. Community Water Systems must have a
Sanitary Survey conducted no less frequently than every three years.
a. The Department reserves the right, based
on 40 C.F.R. Parts 141 and 142, to conduct some community sanitary surveys
every five years.
2.
Non-Community Water Systems shall have a Sanitary Survey conducted no less
frequently than every five years. Bottled water facilities are subject to
sanitary surveys every three years.
3. Sanitary Surveys conducted shall address
the following eight components as part of the on-site process:
a. Evaluation of the source and protective
measures in place to insure acceptable quality and quantity;
b. Evaluation of the treatment processes in
place to insure adequate water quality;
c. Evaluation of the distribution
system;
d. Evaluation of the
finished water storage facilities, including quantity;
e. Evaluation of pumps, pump facilities and
controls;
f. Review of monitoring
and reporting results and data verification process;
g. Evaluation of system management practices
and operations; and
h. Review of
Operator Certification compliance with State regulations.
4. During all sanitary surveys, the following
parties shall be present:
a. Administrative
Contact or other management personnel;
b. One or more licensed designated operators,
for all systems required to have a licensed designated water operator; and
c. Other individuals as required
by the Department.
5. If
a system is required to prepare a disinfection profile under the requirements
of the Enhanced Filtration and Disinfection rules pursuant to 10-144 CMR Ch.
231, Section
7(N);
40 C.F.R.
141.170
§ Subpart (P), the profile shall
be reviewed as part of the sanitary survey.
6. If a "significant deficiency" is
identified in the Sanitary Survey Report, the system must report to the
Department within forty-five (45) days of receipt of the report to explain how
the system will address the deficiency and when the repairs will
occur.
7. If a system is required
to develop a "Disinfection Profile," the system shall consult with the
Department prior to making any significant change to its disinfection practice.
The term "any significant change" may include, but not be limited to, any of
the following:
a. changes to the point of
disinfection addition;
b. changes
to the disinfectant used in the treatment process;
c. changes to the disinfectant process;
or
d. any other modification
identified by the Department.
8. For public water systems serving ground
water to a population under 1,000, the Department's sanitary surveys will
evaluate the appropriateness of the public water system's monitoring schedule.
The Department may modify these particular monitoring schedules, as necessary,
based on historical water quality testing results, or if changes in the number
of, and/or location of, potential sources of contamination are identified
during the sanitary survey.
9. The
Department may identify sanitary defects during a sanitary survey under the
Revised Total Coliform Rule. If the system fails to correct such sanitary
surveys within the time frame set, then the Department will rescind any reduced
monitoring status held by the system.
M.
Ongoing Water Testing Requirements
for Water Vending Machines
1. Pursuant
to
22 M.R.S.
§2613(3), a
bacteriological sample of a water vending machine shall be submitted to the
Department at least every three (3) months.
2. If the water vending machine reports at
least one year of clean results (i.e. no coliform bacteria contamination), then
the Department may reduce the frequency of sampling to one sample per year.
N.
Tanks and
Clear wells: Repairs, Coating, Painting of Surfaces Touching Finished
Water
1.
1.
Public water systems with new water storage tanks poured in place or
constructed on site shall test for Volatile Organic Compounds (VOC's) and
report satisfactory results before such tanks are placed into
service.
2. Public Water Systems
with coated or painted tanks shall test for VOC's and report satisfactory
results to the Department before being placed into service.
3. Repairs or changes requiring a
petroleum-based chemical to be used for tanks, requires a VOC test with
satisfactory results, before such tanks may be placed back into
service.