Title 22, Title 22

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.

1. Requirement for authorization. No public water system may add any fluoride to any water supply without first having been authorized to do so by the affected single or multiple community water district served by it. Any public water system duly authorized to add fluoride to any…

1. Single community water districts. In a single community water district, the vote on the issue of fluoridation must be called by a majority vote of the municipal officers acting on their own initiative or pursuant to a petition meeting the requirements established for a referen…

Petitions for an election shall be governed by the following provisions. [PL 1983, c. 463, §4 (NEW).] 1. Circulation. Any time the issue of whether to fluoridate a public water supply is submitted to the voters in multiple community water districts pursuant to petition, the petit…

1. Multiple community water system district-wide elections. In the case of public systems serving more than one municipality, in whole or in part, elections shall be held simultaneously in all municipalities served by the water system at the first general election following the c…

1. Division into zones. In order to facilitate elections in multiservice municipalities, each municipality shall divide itself into as many zones as there are public water services supplying the municipality. The zones shall be so structured as to insure that: A. All residents se…

The Public Utilities Commission, upon application, shall determine and allocate the cost of fluoridation among the customers of a public water system and shall from time to time review that determination and allocation as required. In the event that a community water district whi…

The Department shall promulgate such rules, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, as it deems necessary to carry out the purposes of this subchapter, including, but not limited to, rules regarding the time and manner in which mun…

1. Prohibition. Except as otherwise provided in this section, a person may not transport water for commercial purposes by pipeline or other conduit or by tank vehicle or in a container, greater in size than 10 gallons, beyond the boundaries of the municipality or township in whic…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 330, §1 (NEW).] 1. Bottler. "Bottler" means a person that extracts water in this State to be sold as bottled water. 2. Community water system. "Commun…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 410, Pt. DD, §4 (NEW).] 1. Commission. "Commission" means the Maine Public Drinking Water Commission. 2. Community water system. "Community water syst…

A bottler shall comply with the provisions of this section. [PL 2023, c. 330, §1 (NEW).] 1. Initial testing. A bottler shall conduct initial testing for the level of PFAS applicable to a community water system detectable using standard laboratory methods established by the United…

The Maine Public Drinking Water Commission as established by Title 5, section 12004‑I, subsection 47‑C, is created within the department. [PL 1995, c. 462, Pt. A, §42 (AMD).] 1. Membership. The commission consists of the commissioner or the commissioner's designee and 8 other mem…

Annually, by January 1st, the commissioner shall submit to the commission a work plan and budget, listing all funding sources including but not limited to appropriations from the General Fund and allocations from the United States Environmental Protection Agency that are used for…

In addition to fees authorized under Title 22‑A, section 210, the commissioner may impose an annual operation fee upon each public water system in the State. [PL 2023, c. 405, Pt. A, §60 (AMD).] 1. Rules. The department shall establish fee formulas by rules adopted in accordance …

The Public Drinking Water Fund is established as an interest-bearing dedicated revenue account. All interest earned by the account becomes part of the fund. All fees collected by the commissioner under this subchapter must be deposited into the fund. Any balance remaining in the …

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Water treatment company" means a company that installs or services water treatment equipment. [PL 2023, c. 164, §1 (NEW); RR 2023, c. 1, Pt. A,…

This subchapter must be enforced by the department in accordance with section 2617.

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 230, §3 (NEW).] 1. Private drinking water well. "Private drinking water well" has the same meaning as in Title 38, section 1392, subsection 8.

The department shall develop a uniform recommendation for the testing for specific contaminants or properties for which residential private drinking water wells should periodically be tested. The uniform recommendation must specify contaminants or properties that should be includ…

Except as provided in section 2602‑A, subsection 3, the Health and Environmental Testing Laboratory established in section 565 shall collect a fee not to exceed $10 from a person or entity ordering a water test for a water sample from a residential private drinking water well. Th…

Within available resources, the department shall revise and update its education and outreach materials as needed and conduct educational outreach regarding residential private drinking water wells, including the need to conduct testing for contaminants or properties specified pu…