Title 22, Title 22

Any person required under this chapter to submit samples of water to the department for analysis shall pay the shipping charges thereon.

Any school, which takes water from a source other than a public water system and uses such water for drinking or culinary purposes, shall submit samples of such water to the department for analysis at least once during each school year. Such samples shall be analyzed by the depar…

A roadside spring is not a public water system if it does not serve an average of at least 25 individuals daily at least 60 days out of the year.

1. Definition. As used in this section, unless the context otherwise indicates, "school" means a private school as defined in Title 20‑A, section 1, subsection 22 or a public school as defined in Title 20‑A, section 1, subsection 24. 2. Lead testing. To the extent the department …

To carry out this chapter, the commissioner is authorized and empowered to: [PL 1975, c. 751, §4 (NEW).] 1. Agreements. Enter into agreements, contracts or cooperative arrangements under such terms and conditions as the commissioner considers appropriate with other state, federal…

The department shall develop plans, with the advice and assistance of the Bureau of Emergency Preparedness and of the public water systems of the State, for emergency conditions and situations that may endanger the public health or welfare by contamination of drinking water. Such…

The department shall approve the facilities, techniques, testing methods and training of personnel of any laboratories that analyze water samples to determine compliance with State Primary Drinking Water Regulations. Such approval shall be based on the capability of the laborator…

1. Information on private water supply contamination. The department shall provide information and consultation to citizens who: A. Make reports of potential contamination of private water supplies; and [PL 1983, c. 837, §2 (NEW).] B. Request information on potential ground water…

Whenever the cost of testing a private residential water supply exceeds $150 and that testing is conducted pursuant to section 2602‑A, the department shall seek to recover the costs of the testing above $150 from the person responsible for contaminating the water supply, or from …

1. Establishment; administration. The Maine Drinking Water Fund, referred to in this section as "the fund," is established as provided in this section. A. The fund is established as a nonlapsing fund to provide financial assistance, in accordance with subsection 2, for the acquis…

1. State primary drinking water regulations. The commissioner shall promulgate and enforce primary drinking water regulations which are necessary to protect the public health and which shall apply to all public water systems. Such regulations shall include: A. Identification of c…

1. Construction or alteration of public water systems. New construction, additions or alterations involving the source, treatment or storage of water in any public water system may not commence until the plans and specifications have been submitted to and approved by the departme…

1. Authority. The commissioner is authorized to ensure that all new community water systems and new nontransient, noncommunity systems commencing operation after October 1, 1999 demonstrate technical, managerial and financial capacity with respect to each state primary drinking w…

1. Variances. The commissioner may grant one or more variances from an applicable state primary drinking water regulation to a public water system if the variance will not result in an unreasonable risk to the public health and if: A. Because of the characteristics of the raw wat…

1. Determination of imminent hazard. An imminent hazard shall be considered to exist when there is a violation of the state primary drinking water regulations, or when, in the judgment of the commissioner, a condition exists in a public water system or water supply which will cau…

1. Notification. A public water system shall notify the public of the nature and extent of possible health effects as soon as practicable, but not later than the time period established under subsection 4, if the system: A. Is not in compliance with a state drinking water rule; […

1. Annual reports to customers. The commissioner shall require each community water system, as defined in section 2660‑B, subsection 2, to prepare and provide to each customer of the system at least once annually a consumer confidence report, which must include, but is not limite…

The following acts and the causing thereof are prohibited: [PL 1975, c. 751, §4 (NEW).] 1. Failure to comply with section 2615 or dissemination of certain misleading information. Failure by a supplier of water to comply with the requirements of section 2615, or dissemination by s…

1. Violation of section 2616 or subchapter VII. A person that violates section 2616 or subchapter VII commits a civil violation for which a penalty not to exceed $5,000 may be adjudged. Each day of operation in violation of section 2616 or subchapter VII constitutes a separate vi…

In accordance with the process outlined in section 2619, the commissioner may impose one or more of the administrative remedies provided in this subchapter when a violation of this chapter, or rules adopted pursuant to this chapter, occurs or if the commissioner determines that a…

1. Notice of noncompliance. Except as otherwise provided in this subchapter, the commissioner shall issue a notice of noncompliance to a public water system within 30 days after the commissioner has determined that the public water system has committed a violation. The notice of …

Administrative penalties imposed under this subchapter are governed by the following provisions. [PL 1993, c. 678, §4 (NEW).] 1. Maximum penalty. An administrative penalty may not be greater than $750 for each violation, except that for public water systems serving more than 10,0…

Appeal of actions authorized under this section is governed by the following. [PL 1993, c. 678, §4 (NEW).] 1. Due process generally. The commissioner shall comply with the Maine Administrative Procedure Act when imposing administrative penalties and issuing administrative complia…

Notwithstanding section 2619, if a violation poses a serious risk to public health, the commissioner may issue an administrative compliance order immediately without having issued a notice of noncompliance or having attempted to negotiate an administrative consent order.

The commissioner shall adopt rules establishing procedures regarding notice and the issuance, amendment and withdrawal of administrative compliance orders and administrative consent orders. [PL 1993, c. 678, §4 (NEW).] The commissioner may adopt rules establishing a permitting pr…

As used in this subchapter, unless the context otherwise indicates, the following words have the following meanings. [PL 1983, c. 819, Pt. A, §55 (AMD).] 1. Board. 1-A. Board. "Board" means the Board of Licensure of Water System Operators. 2. License. "License" means a license is…

The board, with the advice of the department, shall classify all community public water systems, all nontransient, noncommunity public water systems, all public water systems utilizing surface water and the water treatment plants or collection, treatment, distribution or storage …

It is unlawful for any person to perform the duties of an operator, as defined, without being duly licensed under this subchapter, except as provided in section 2630.

The Board of Licensure of Water System Operators, referred to in this section as the "board," is established within the department pursuant to Title 5, chapter 379. [PL 2003, c. 33, §5 (AMD).] 1. Membership; general qualifications. The board consists of 9 members appointed by the…

The Board of Licensure of Water System Operators shall issue biennial licenses to individuals to act as operators. The license must indicate the classification level of the systems or parts of systems for the operation of which the individual is qualified to act as an operator. […

All licenses expire on December 31st of each biennial period and may be renewed thereafter for 2-year periods without further examination, upon the payment of the proper renewal fee as set forth in the rules. A person who fails to renew that person's license within 2 years follow…

The Board of Licensure of Water System Operators, upon application for licensure, may issue a license without examination, in a comparable classification, to any person who holds a license in any state, territory or possession of the United States or any country, providing the re…

The Board of Licensure of Water System Operators, in accordance with any other appropriate state laws, shall make such rules as are reasonably necessary to carry out the intent of this subchapter. The rules must include, but are not limited to, provisions establishing requirement…

The Board of Licensure of Water System Operators shall establish by rule fees authorized pursuant to this subchapter. These fees may include examination, licensure, biennial renewal and reinstatement fees in amounts that are reasonable and necessary for their respective purposes,…

If a public water system loses its licensed operator, it shall secure a new licensed operator or enter into a contractual agreement with a licensed operator of proper classification until a new operator has been employed for that public water system.

1. Violation. Any person violating any provision of this subchapter or the rules and regulations adopted under this subchapter, commits a civil violation for which a forfeiture of not more than $500 may be adjudged. Each day of operation in violation of this subchapter or any rul…

As used in this subchapter, unless the context otherwise indicates, "public water source" means any natural or human-made impoundment, pond or lake or ground water aquifer whose waters are transported or delivered by a public water system, as defined in section 2601, subsection 8…

1. Municipal regulations authorized. The municipal officers of each municipality, after notice and public hearing, may adopt regulations governing the surface uses of sources of public water supply, portions thereof or land overlying ground water aquifers and their recharge areas…

Any water utility or municipality and the department are authorized to take reasonable steps to protect a public water source from pollution consistent with section 2642. [PL 1999, c. 761, Pt. 3 (AMD).] 1. Right of entry for water utility. Employees or agents of a water utility m…

Any water utility or municipality is authorized, after consultation with the Commissioner of Inland Fisheries and Wildlife, the department and the Department of Agriculture, Conservation and Forestry and after conducting a public hearing in the affected town, to designate by buoy…

1. Petition for rules. Any water utility, water district or municipality which relies on surface water for its water supply may petition the Commissioner of Inland Fisheries and Wildlife to promulgate rules to regulate the size and range of motor vehicles which may be permitted o…

When undertaking actions that have a negative impact on a public water supply, a state agency shall consider the impact and evaluate alternatives to avoid and minimize the impact.

1. General authorization. The commissioner is authorized to implement and carry out a source water quality assessment program. 2. Rulemaking. The commissioner shall adopt rules establishing the procedures for implementation and enforcement of the source water quality assessment p…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Community water system" has the same meaning as in section 2660‑B, subsection 2. [PL 2025, c. 425, §1 (NEW).] B. "Nontransient, noncommunity water…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 463, §2 (NEW).] 1. Multiservice municipality. "Multiservice municipality" means any municipality served in whole or in part by more than one public wa…

No public water system may add any fluoride to its water supply without written approval of the department.