10-144 CMR Ch. 241, Maine Subsurface Wastewater Disposal Rules

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BRIEF SUMMARY: On December 14, 2022, the Maine CDC proposed amendments to the Maine Subsurface Wastewater Disposal Rule and solicited public comments until January 13, 2023. The Department reviewed and considered all comments received and as a result plans to make additional changes to the rule. Two of the Department’s planned rule changes are substantially different from the changes originally proposed; therefore, in accordance with the Maine Administrative Procedures Act (5 MRS § 8052 (5)(B)), the Department is advertising a second 30-day comment period for the following two proposed changes:

  1. Section 5(B)(6)(a): The Department originally proposed to add a 20-year period of time for subsurface wastewater disposal systems to be installed in soil fill within the Shoreland Zone, in place of the current cutoff date of July 1, 1974. Based on review of comments received and further analysis, the Department now proposes to replace the July 1, 1974 cutoff date with a requirement for fill to be in place for a minimum of 40 years within the Shoreland Zone; and  
  1. Section 8(B)(1): The Department originally proposed to require that subsurface wastewater disposal systems meet first-time criteria for seasonal conversions. Based on review of comments and further analysis, the Department now proposes to require subsurface wastewater disposal systems to meet replacement system criteria for seasonal conversions.

Date, time and location of PUBLIC HEARING (if any): Second 30-day comment period, public hearing not scheduled.

COMMENT DEADLINE: May 19, 2023 - 5:00 p.m.

CONTACT PERSON FOR THIS FILING: Andrew Hardy, 11 SHS, 286 Water Street, Augusta, ME 04333-0011, (207) 287-4490, andrew.hardy@maine.gov

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Office: Maine CDC

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Email: andrew.hardy@maine.gov

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