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 144-241-17 - STANDARDS AND PROCEDURES FOR INDEPENDENT THIRD PARTY INSPECTION OF SUBSURFACE WASTEWATER DISPOSAL SYSTEMS
Current through 2024-38, September 18, 2024
A. GENERAL: The following standards and procedures are the minimum necessary for subsurface wastewater disposal system inspections, including those located in the shoreland zone.
B. SYSTEM DOCUMENTATION: The inspector must obtain all relevant documentation for the disposal system to be inspected, which include the following:
These forms may be obtained at no charge on the Department's website or from the municipality in which the system is located. Documentation must include the type and location of system components, the design flow of the system and the use the system was approved. The system components identified during an inspection must be consistent with the design and location description on the HHE-200 form, or the inspection may be delayed.
The structure connected to the system must align with the description within the HHE-200 form. For example, a structure with five bedrooms should not be serviced by a subsurface wastewater disposal system whose permitted design is for a three-bedroom home. A discrepancy such as this one must be noted prominently on the inspection report. All requirements for the design and installation of subsurface wastewater disposal systems are governed by the rules in effect at the time of permit issuance. Prior versions of this rule are maintained by the Department and are available on the Department's website.
C. DRINKING WATER WELL SETBACKS: The setbacks from the disposal system to all drinking water wells located on the property being inspected must be measured and noted on the inspection report. Well setbacks are governed by the rules in effect at the time of disposal system permit issuance and may be installed with reduced setbacks to disposal system components if located and constructed in compliance with rules promulgated by the Maine Water Well Commission. Many drinking water wells predate regulation and are legally existing wells. Well setbacks must be measured from the disposal field, not the disposal area, which includes the shoulders and fill extensions. Illegal setback distances or setback distances not meeting the setback requirement may require further investigation by the inspector
D. COMPONENTS TO INSPECT: At a minimum, the inspection must include locating and evaluating the internal plumbing associated with wastewater disposal, septic and/or treatment tank(s), filters, distribution system, absorption area and, when applicable, any pumps, lift stations, dosing equipment, advanced treatment or advanced tertiary treatment devices.
E. COMPONENT INSPECTION CRITERIA: The following are the minimum standards and procedures for inspecting the disposal system components listed above in Section 5(D):
An HHE-200 form with appropriate approvals must be available for any grey water disposal system. Unapproved grey water disposal is a sign that the structure's disposal system has experienced problems in the past. The use of the structure must also be noted and compared with the use described on the HEE-200 design. For example, the number of bedrooms in the structure or number of seats in a restaurant will be compared to the maximum allowed use described in the design. Any discrepancies must be noted on the inspection report. A valid permit issued by the LPI is evidence that the disposal system was designed and installed in accordance with the rule in effect at the time of permit issuance.
Inlet and outlet pipes must be inspected and any broken or collapsed sections noted. Effluent above either the inlet or outlet of the tank indicates either a blockage in the distribution system exists, the tank is not level or that the drain field is not functioning properly. These conditions must be noted in the inspection report. The tank inspection must also include an evaluation of any filters, baffles, risers or aeration equipment. Clogged filters, missing or defective baffles and aeration equipment that is not functioning properly must be noted in the inspection report. Some disposal systems will include multiple tanks. Each tank must be inspected and described on the inspection report.
If not, the bed may not have been installed properly, sections of the bed may be clogged, a pipe may be crushed, clogged or broken, or the D-Box may not be level.
In systems based upon serial distribution, the extent of effluent progression through any given serial segment should be noted. Serial distribution systems are designed to utilize the first serial segment until it is exhausted, then progress to the next segment. Unutilized segments indicate remaining life in the disposal area, a full segment up gradient of additional segments is not an indicator of a malfunction. Any issues or deficiencies determined in the absorption area must be noted on the inspection report.
Advanced tertiary treatment devices treat effluent sufficiently to require no additional treatment in either a septic tank or an absorption area. These devices are generally utilized on sites with conditions that preclude the use of conventional disposal systems and may not include a septic tank but always require a disposal field. If one of these devices is included in a system being inspected, then the inspector must review all maintenance and service records for the system and contact the service provider, to ensure that the system has been properly serviced and maintained. These devices usually require a maintenance contract as part of their approval. The contract must be reviewed, and the annual maintenance costs included in the inspection report. Discrepancies regarding required maintenance must be noted on the inspection report.
F. Inspection Report for Disposal Systems Located in the Shoreland Zone: A summary report of any inspection of disposal systems located in the shoreland zone must be completed by the certified inspector on a form provided by the Department, in accordance with Maine law (30-A MRS §4216). Copies of the summary report must be submitted upon completion of the inspection to the person requesting the inspection, for the purpose of demonstrating compliance with 30-A MRS § 4216 during the transfer of that property. The inspector must also submit a copy of the summary report to the appropriate municipality within 60 days of inspection. Disposal systems located in the shoreland zone found to be malfunctioning as defined in this rule must be reported to the Department's State site evaluator and the Local Plumbing Inspector within 72 hours of the completion of the inspection.
G. Inspection Report for Disposal Systems Located Outside the Shoreland Zone: A summary report for disposal system inspections not located in the shoreland zone must be completed by the inspector and provided to the person requesting the inspection on a form provided by the Department. The summary report must be submitted to the appropriate municipality within 60 days, as well.