Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 241 - SUBSURFACE WASTEWATER DISPOSAL RULE
Section 144-241-11 - MISCELLANEOUS SYSTEMS

a. General: The size and/or complexity of engineered systems require that analysis, design construction, operation, and maintenance be undertaken at a level that is higher than the minimum requirements for small residential systems.

b. Owner/operator: The owner/operator shall accurately describe the intended uses (present and future) for the system and designate to the Department a Maine professional engineer to serve as design engineer. The owner shall operate the system within the design parameters, except as provided for in Section 10(A)(3), following the designer's recommendations for inspection and maintenance, as well as any State or local regulations.

c. Design engineer: The design engineer is responsible for defining the needs of the client, investigating the site, designing the system, overseeing construction, and recommending operation and maintenance practices at an appropriate level of professional practice. In order to ensure proper functioning of the engineered systems under expected conditions, the design engineer must consider relevant factors, including, but not by way of limitation, peak effluent levels, minimum recharge, deep frost and power failure. The design engineer is responsible for completing the HHE-220 to document and define the system design prior to construction, as well as the report results of a site investigation. The design engineer must then send the completed HHE-220 to the Department.

d. Department of Health and Human Services: Upon receipt of the HHE-220 by the design engineer, the Department will conduct a desk review of the proposal, check for completeness of submittal (all necessary documents and signatures), review the reasonableness of data and assumptions, spot-check calculations, check for compliance with minimum requirements of this rule and this Section, and give permission to the local government to issue the necessary permits. The Department is not responsible for the accuracy of the field data, assumptions or conclusions of the designer, the suitability of the design, or its performance. The Department of Environmental Protection (DEP) may provide assistance to the Department in evaluating environmental impacts of these systems. DEP may submit comments to the Department for consideration, prior to final decision.

e. Local government: The local government, operating through the LPI(s), may issue the necessary permit(s) after it has received permission from the Department to do so and when it is satisfied that the pre-construction conditions shown on the design are representative of the actual conditions. The local official may inspect the site in a timely manner, in order to be able to state with reasonable assurance that the system was installed as described in the approved plans.

a. Department approval: An engineered system requires Department approval. A preliminary discussion between the Department, the design engineer and any other consultants, as appropriate, will take place, to identify any specific requirements related to the application before a final submission for review and approval is made. From the preliminary discussion through acceptance of the Engineer's statement of compliance, the design engineer will be the primary point of contact.

b. Plan submission: The plans submitted to the Department must contain all the information requested on the Engineered System Application Form, required in Section 6, and any specific requirements identified in the preliminary discussion, in addition to meeting the requirements of this Section. A digital copy of the plans in PDF format is required for submission of the Engineering System Application Form to the Department.

c. Definition of the facility served: The submission must define the facility to be served, the flow of the effluent (including variations in quality and quantity), and the current and projected uses of the facility. Design flows should be measured, estimated, and compared to historical (code) values, and safety factors should be used.

d. Determination of soil and site conditions: The soil conditions must be determined by a Licensed site evaluator. The submission must show site data that represents the soil conditions under the proposed disposal field as indicated in Section 5(Q)(11) and under the down slope fill extension. The level of investigation is a function of the basic quality of the site (topography and soils) and the relative size of the system and disposal fields. Observation holes used for design purposes must be located at representative points within the proposed subsurface wastewater disposal area.

e. Minimum number of observation holes: The number of observation holes must be sufficient to determine the soil and site characteristics beneath the entire disposal field, including the down slope fill material extensions, but must not be less than three observation holes per engineered disposal field.

f. State of the art designs: The submission must be based on current acceptable practices as it relates to the design of systems.

g. Contour lines: The submission must include: surficial contours, elevation of observation holes, and location of all site features within 300 feet that require consideration. Pre-development and post-development contours must be shown both in the areas to be occupied by parts of a system and for a distance of 100 feet beyond the system. The contour intervals must be no greater than two feet.

h. Elevations: The elevation of the bottom of the disposal field(s), the original ground surface at each observation hole, and the top of the distribution pipes or proprietary disposal devices within the disposal field(s), must be established.

i. Localized mounding analysis: The submission must include an analysis of the proposed system design and site hydraulics to determine that there will be an adequate vertical separation between the bottom of the disposal field and any mounded water table. This analysis must include all calculations, justification of methodology and assumptions, and other supporting data and documentation. Any additional vertical separation distance needed to offset mounding effects and maintain compliance with Table 5F must be stated in the mounding analysis report.

j. Site transmission analysis: The submission must include an analysis of the proposed system design and site hydraulics to determine that the native soil and/or fill material will have sufficient capacity to prevent wastewater from surfacing down gradient of the disposal field. This standard does not include normal discharges of groundwater to springs, major or minor watercourses, or other surface waters and wetlands located at or beyond setback distances established in Sections 8 and 9, or lesser setbacks approved by variance, even if these discharges may contain some amount of treated wastewater. Nothing in this paragraph may be interpreted to limit the scope or enforcement of 38 MRS §413, or other applicable statutes.

k. Operations and Maintenance Manual: The submission must include an operations and maintenance manual for the owner with written recommendations for the operation and maintenance of the system, including inspection schedules, pumping schedules, and record keeping procedures. Manufacturer's operations and maintenance manuals for devices and/or equipment may be included in this exhibit but must not be a substitute for the exhibit.

l. Pertinent laws, etc.: The submission must include evidence of compliance with all pertinent laws, ordinances, and regulations.

m. Signatures: The submission and plans must bear the seal of a professional engineer licensed in Maine and the soil logs should bear the signature of a site evaluator licensed in Maine.

n. System: The proposed system must be sized in compliance with Sections 5 and 7. It must meet the minimum setback distances in Tables 8B or 9A as appropriate

o. Grades: Existing and finished grade within the area of engineered disposal fields, their shoulders and fill material extensions using relative elevations, referenced to a permanent system elevation reference point, must be provided;

p. Reserve area for first-time systems: A reserve area with suitable soil conditions must be delineated on the plan and reserved for the possible expansion or replacement of the proposed engineered system.

q. Pump dose volume: For engineered systems the pump-on and pump-off switches must be set at appropriate levels to provide a dose volume as required by the manufacturer. The pump-off switch must be set 6 inches above the pump intake. The pump-on switch must be set at a distance "d", in inches above the pump-off switch, which is calculated by means of Equation 11A.

r. Site location map: The submission must include a copy of the relevant section of the USGS 7.5-minute topographic map, if available, or 15-minute topographic map showing the location of the proposed engineered disposal system. The map must also indicate locations of any public and private water supply wells within 300 feet of the system and a demonstration of right, title or interest to the property in question.

s. Other information: The Department may request additional information from the applicant through the design engineer. If the applicant fails to provide any additional information requested by the Department within 180 days of the request, the application will automatically be denied.

a. Engineered system permit issuance: The LPI shall not issue a permit for an engineered system without first receiving a letter of approval from the Department.

b. Construction inspections: The LPI must inspect engineered disposal systems in accordance with Section 12(I). In addition, the property owner shall retain the design engineer to inspect the construction of the system. The inspection must be sufficient for the engineer to determine that the system was installed as designed.

c. Engineer's statement of compliance: The design engineer shall submit a written statement that the system was installed in compliance with this rule and permit conditions to the LPI, the owner and the Department. Any changes from the approved drawings and specifications must be noted.

a. Backup design: An authorized design can be installed on the property for which an experimental system is proposed. The backup system design must be recorded with the county registry of deeds;

b. Meets the intent of this rule: The proposal is designed to protect public health, prevent the creation of any nuisance, and prevent environmental pollution to the same extent as the authorized design approved for the property;

c. Sound engineering principles: The proposed design is shown to be based on sound engineering principles and can be expected to provide the same level of protection to public health and the environment as offered by the authorized design that could be installed on the property; and

a. Pilot approval: Pilot approval allows an applicant to demonstrate the general ability of a proposed experimental system to treat wastewater as defined in the Rules. No less than 10 installations of a specific experimental system must be granted Pilot system approval by the Department. Pilot approvals must be limited to sites which do not otherwise require any variance or waiver to the Rules. On no less than a bi-weekly basis for a period of not less than six months, and once per month for at least an additional six months, the applicant shall test the influent and effluent of each installed experimental system for the following parameters: five day Biochemical Oxygen Demand (BOD5), Total Suspended Solids (TSS), Nitrate Nitrogen (N03), Nitrite Nitrogen (NO2), Total Kjeldahl Nitrogen (TKN), Ammonia Nitrogen (NH4), and coliform bacteria. The results of these tests must be submitted to the Department on no less than a quarterly basis. Historic data from other jurisdictions may be submitted, if available. If such data are satisfactory, the applicant may bypass Pilot approval and proceed to Provisional status.

b. Provisional approval: Provisional approval allows an applicant to demonstrate ability of a proposed experimental system to operate under a broader range of site conditions and to provide a larger number of data sources for such demonstration. No less than 50 installations of a specific experimental system must be granted Provisional system approval by the Department, of which 10 may be Pilot systems previously approved by the Department. Provisional approvals must not be granted until all the Pilot systems have been in operation for at least one year except as otherwise provided by Section 11(B)(4)(a). Provisional approval installations may include sites which require a variance or waiver to the Rules, with the provision that such variances or waivers are also subject to the standard variance requirements of the Rules, i.e., a passing point score for soils related variances, etc. On no less than a monthly basis for a period of not less than one year, the applicant shall test the influent and effluent of each installed new or experimental technology system for the following parameters: five day Biochemical Oxygen Demand (BOD5), Total Suspended Solids (TSS), Nitrate Nitrogen (N03), and coliform bacteria. The results of these tests must be submitted to the Department on no less than a semi-annual basis. Existing data from other jurisdictions may be submitted, if available. If such data are satisfactory, the applicant may bypass Provisional approval and proceed to General Use status.

c. General Use: To receive General Use approval for an experimental system, the applicant shall demonstrate that the 50 systems installed under Provisional approval have operated as designed and intended. Upon such demonstration, the provisionally approved new or experimental technology under consideration must be granted written General Use status approval for use in Maine and shall be included in the next revision of this rule.

d. Failure to Perform: In the event that an experimental system fails to perform, as claimed by the applicant, use of the experimental system in Maine, including all installations pursuant to this rule, must cease. Use of the experimental systems must not resume until the applicant and the Department have reached a mutually acceptable agreement for resolving the failure to perform as claimed, or the back-up reserve replacement system must be installed.

a. General: Ownership of all parts of the multi-user system beyond the building sewer must be vested in a single and independent, legally established entity under Maine law.

b. Maintenance fees: The entity may charge a maintenance or other fee to ensure sufficient capitalization to meet its responsibility to maintain the multi-user system.

c. Maintenance: The entity shall be liable for the operation, maintenance, repair, or replacement of all parts of the system beyond the individual building sewers. It shall keep the system free of any nuisance or threat to public health or contamination of the environment.

d. Right of entry: The entity shall have the right by easement to enter upon properties that are tied to the system for the purpose of servicing, maintaining, repairing, or replacing all parts of the common system.

e. Authority to maintain system: The entity shall also have an access easement recorded against the properties associated with, or necessary for, the system. This easement must provide for servicing, repairing, or replacing all parts of the common system. The easement must also provide the authority to enter upon the area of the system and to enlarge or replace the system, should such enlargement or replacement be deemed necessary, or if the LPI orders such action for the purpose of abating a public nuisance.

a. Multi-user disposal system permit issuance: The LPI may not issue a permit for a multiuser disposal system without first receiving a letter of approval from the Department.

b. Construction inspections: The LPI must inspect the multi-user disposal system in accordance with Section 12. In addition, the entity must retain the site evaluator or professional engineer to inspect the construction of the system. The inspection must be sufficient for the site evaluator or professional engineer to determine that the system was installed as designed.

c. Inspectors Statement of Compliance: The Department will provide the LPI with a form to be given to the entity which owns the multi-user system, at the time of issuing the permit. This form may be used by the owner or owner's agent to obtain a written statement from the installer or the designer, if supervising the installation, that the system was installed in compliance with this rule and the conditions of the permit. If used, a signed copy of the completed form must be submitted to the municipality.

a. Weather: Peat disposal fields must not be installed when the ground or the peat material is frozen.

b. Low pressure distribution: Low pressure distribution is not allowed in peat disposal fields.

c. Minimum width: The minimum width of a peat disposal field is 5 feet.

d. Maximum width: The maximum width of a peat disposal field is 20 feet.

e. Maximum length: The maximum length of a peat disposal field is 50 feet with end manifold and 100 feet with central manifold.

f. Distribution pipe sizing: Gravity dosed distribution pipes must consist of 4 inch diameter perforated pipe.

g. Distribution pipe placement and bedding: The distribution pipes and bedding in peat disposal fields must meet the following requirements:

h. Distribution box: If a distribution box is used it must be located outside the limits of the peat and meet the requirements of Section 7(O);

i. Stone beneath and on the sides of the distribution piping: The distribution pipes must be installed over the center line of a 10-inch wide and 4-inch deep layer of 3/8-inch washed crushed rock. Additional 3/8-inch washed stone must be placed on either side of the pipe to a 3-inch width. All stone must be washed before its delivery to the site. No stone may be placed above the pipe, nor may stone extend beyond 5 inches from the center of the pipe;

j. Stone under the peat: A minimum of 6 inches of 3/8-inch clean crushed rock or clean coarse sand must be placed at the bottom of the disposal bed.

k. Depth of peat: There must be a minimum of 24 inches of peat below the bottom of the distribution lines and a minimum of 8 inches of peat above the top of the distribution lines.

a. Soil profile 6: Soil profile 6 requires a peat disposal field application rate of 1 square foot per gallon, per day;

b. Soil profiles 4 and 5: Soil profiles 4 and 5 require a peat disposal field application rate of 1.25 square feet per gallon, per day;

c. Soil profiles 2, 3, and 7: Soil profiles 2, 3, and 7 require a peat disposal field application rate of 1.50 square feet per gallon, per day;

d. Soil profiles 1 and 8: Soil profiles 1 and 8 require a peat disposal field application rate of 1.75 square feet per gallon, per day;

e. Soil profile 9: Soil profile 9 requires a peat disposal field application rate of 2.0 square feet per gallon, per day;

f. Soil profile 11: Soil profile 11 is for alluvial soils that vary in texture. For design purposes, the peat disposal field application rate shall be used from a soil profile listed above which best describes the texture encountered; and

g. Site suitability: Site suitability for peat disposal fields is as prescribed in Section 5.

a. Owner/operator: The owner/operator shall accurately describe the intended uses (present and future) for the system. The owner shall operate the system within the design parameters, as well as any relevant state or local regulations.

b. Design engineer: The design engineer is responsible for defining the needs of the client, investigating the site, designing the system, overseeing construction, and recommending operation and maintenance practices at an appropriate level of professional practice. The design engineer shall assure that the system, if installed and operated within the design parameters, will function properly and in compliance with all pertinent regulations in effect or known at the time of construction. The design engineer shall review the proposed design to assure proper functioning under expected conditions, including, but not limited to, peak effluent flows, high water levels, minimum recharge, deep frost, power failure, etc.

c. Department of Health and Human Services: The Department will conduct a desk review of the proposal, check for completeness of submittal (all necessary documents and signatures, etc.), review the reasonableness of data and assumptions, spot-check calculations, check for compliance with minimum requirements of this Code and this Section, and give permission to the local government to issue the necessary permits. The Department is not responsible for the accuracy of the field data, assumptions or conclusions of the designer, the suitability of the design based upon assumptions or conclusions of the designer, or the performance of the system.

d. Local government: The local government operating through the LPI(s), will issue the necessary permit(s) after it has received permission from the Department to do so and when it is satisfied that the pre-construction conditions shown on the design are representative of the actual conditions. The local official shall inspect the site in a timely manner in order to be able to state with reasonable assurance that the system was installed as described in the approved plans.

a. Plan submission: The plans submitted to the Department shall contain all the information required in Section 5, in addition to meeting the requirements in this Section. A digital copy of the plans in PDF format must be submitted with the Engineering System Application Form.

b. Definition of the facility served: The submission must define the facility to be served (i.e., residential, commercial, etc.), the flow of the effluent (including variations in quality and quantity), and the current and projected uses of the facility.

c. Determination of soil and site conditions: The soil conditions must be determined by a licensed site evaluator. The submission must show site data that represents the soil conditions under the proposed disposal field as indicated in and the soils conditions in the down slope fill extension of engineered disposal systems. The level of investigation is a function of the basic quality of the site (topography and soils) and the relative size of the system and disposal fields. There must be sufficient knowledge of the site to determine how the system will perform.

d. Elevations: The elevation of the bottom of the disposal field(s), the original ground surface at each observation hole, and the top of the distribution pipes within the peat disposal field(s) must be established.

e. Pertinent laws, etc.: The submission must include evidence of compliance with all pertinent laws, local ordinances, and other regulations.

f. Signatures: The submission and plans must bear the seal and/or signature of a site evaluator licensed in Maine.

g. System: The proposed system must be sized in compliance with Section 5, and Section 8. It must meet the minimum setback distances in Sections 9 and 10.

h. Grades: Existing and finished grade within the area of site-built peat systems, their shoulders and fill material extensions using relative elevations referenced to a permanent system elevation reference point;

i. Other information: The Department may request additional information from the applicant. If the applicant fails to provide any additional information requested by the Department within 180 days of the request, the request will automatically be denied.

a. If a water treatment system is anticipated at the home, then the backwash discharge may be incorporated into the design of the septic system. However, if the water treatment system is installed after the septic system is built and the leach field is not designed to accommodate the backwash water then alternate methods of disposal may be used.

b. These alternative methods do not require a test pit, plans by a subsurface disposal system designer, fees or formal review, unless required by the Municipality and may include discharging on top of the ground.

a. Infiltrate all water on-site and not cause erosion, siltation; or a discrete (channelized) runoff;

b. Not discharge to a surface water or wetland;

c. Include water treatment system wastewater only. No discharge of black water, graywater, or laundry water to a separate drywell is permitted;

d. Follow all SSWW first time system criteria setbacks, including 100 feet from potable water supplies and 300 feet from public potable water supplies;

e. Not render groundwater undrinkable on any adjacent properties;

f. Not flow directly into a storm drain system that carries the discharge to a surface water body or into a municipal sewer system. The discharge is allowed directly to a municipal sewer system, only if authorized by the receiving facility;

g. Not impact abutting properties such that the point of daylighted discharge and area of infiltration extend across property boundaries; and

h. Have enough vegetated buffer in the area to infiltrate the discharge and not cause channeling or erosion.

The Municipality reserves the authority under local ordinance to require the treatment unit discharge to empty into a septic system or grey water disposal system.