10-144-231 Me. Code R. § 4

Current through 2024-49, December 4, 2024
Section 144-231-4 - OPERATION, MAINTENANCE AND DISINFECTION
A.Water Pressure

All community water systems shall be operated and maintained to provide minimum positive pressure of 20 p.s.i. at the curb stop (curb cock), except as otherwise provided for in limited service agreements.

B.Covered Reservoirs

All finished water reservoirs shall be covered and the vents to the reservoirs shall be adequately screened. Variances to this sub-section are not allowed.

C.Flushing
1. Newly constructed water distribution mains and finished water storage facilities shall be flushed and disinfected before use in accordance with the appropriate AWWA standard (See Section (3)(F)(2)).
2. No spring basin, collecting basin, well, infiltration gallery, water main, pump, standpipe or reservoir may be placed in service following cleaning or repairs until it has been properly disinfected.
D.Disinfection

When any water system fails to meet the proper coliform level, the Department may designate the disinfectant residual or application rate to be maintained by the system. Public water systems with ground water supplies may be required by the Department to be disinfected. Disinfection residual compliance measurements may be accomplished by use of a DPD colorimetric test kit or any other method as approved by the Department. All treatment techniques shall be approved by the Department.

E.Separations and Crossings of Water Mains and Sewers
1. Water mains shall be laid at least 10 feet horizontally from any existing or proposed sewer measured edge to edge. In cases where it is not practical to maintain a ten foot separation, the Department may allow a waiver to this requirement on a case-by-case basis, if supported by data from the design engineer. Such waivers may allow installation of the water main closer to a sewer, provided that the water main is laid in a separate trench or on an undisturbed earth shelf located on one side of the sewer at such an elevation that the bottom of the water main is at least 18 inches above the top of the sewer. Concrete encasement of the sewer joints may be required.
2. Water mains crossing sewers shall be laid to provide a minimum vertical distance of 18 inches of free earth between the water main and the sewer. This requirement applies where the water main is either above or below the sewer. At crossings, one full length of water pipe shall be located so both joints will be as far from the sewer as possible. Special structural support for the water and sewer pipes may be required. In such crossings, the Department may require sewer pipe of like material as the water pipe, plus concrete encasement.
3. There shall be at least a 10-foot horizontal separation between water mains and existing or future sanitary sewer force mains. There shall be an 18-inch vertical separation at crossings, as required in Section (4)(E)(2) of these rules.
4. No water pipe may pass through or come in contact with any part of a sewer manhole.
F.Cross-Connection

Public water systems shall comply with the applicable provisions of 10-144 C.M.R. Ch. 226 Cross-Connection Rules and 02-395 C.M.R. Ch. 4 Internal Plumbing Code.

G.Hydrants

All new or replacement hydrants shall be of the type having no drain or shall have the drain plugged prior to installation. The barrels of the hydrants shall be pumped dry during freezing weather or protected with propylene glycol or food safe glycerin.

H.Curb Stops

Curb stops (Curb Cocks) for new or replacement installations shall be of the type manufactured with pluggable drains and plugged or without drain holes.

I.Emergency Changes
1. The supplier of water shall not take, use, or cause to be taken for use, water from any alternate source or change other treatment processes which involve the addition or deletion of any chemicals, without the approval of the Department. The Department shall advise the supplier of water and interested local officials of the approved action or proposed action by the supplier of water to protect the public health. If there is no person from the Department available at the time of an emergency, such action shall be taken only by a designated operator, licensed by the Board of Licensure of Water System Operators, who shall notify the Department at the earliest possible business hour.
2. A printed copy of this section shall be conspicuously posted by the supplier of water and shall be readily available to any water operator. Such posting shall include the address and phone number of the Drinking Water Program, Division of Environmental Health, Maine Center for Disease Control and Prevention, Department of Health and Human Services.
J.Fluoridation
1.Authorization: In those municipalities which have authorized the addition or discontinuation of fluoride to their water supply pursuant to 22 M.R.S. §2653, the municipal clerk shall inform the water system in writing of the municipality's authorization, within 10 days of the final tabulation by the Secretary of State, pursuant to 22 M.R.S. §2656(3). The water system shall inform the Department in writing within 7 days of the water system receiving such notice from the municipal clerk.
2.Optimum Level: The target level of fluoride for dental benefit is 0.7 milligrams per liter (mg/l) in drinking water in Maine.
3.Recommended Control Range: The recommended control range is 0.5 to 1.2 mg/l (parts per million) of the optimum level. The recommended control range helps maintain optimal fluoridation.
4.Monitoring: All public water systems that fluoridate must monitor and report the daily fluoride concentration at each application on days in which fluoride is added. The measurement at the fluoride application point should be performed by an accepted analytical method. Theoretical calculations have value as a quality control measure and can be substituted in the event of analytical method malfunction, not to exceed 10 days in a month.
5.Daily Analytical Measurement: Public water systems that measure for a daily analytical shall continuously monitor for fluoride ion concentration at each fluoride application point, unless the conditions of Section 4(J)(5)(b)are met. Automated continuous monitoring shall include or meet the following:
a. Continuous monitors may adapt a specified fluoride testing methodology, provided the chemistry, precision and accuracy are equal to or greater than the original testing methodology. See Section 7(C)(3)for testing methodology requirements. Calibration shall be according to manufacturer's recommendations.
b. Instrumentation providing for notification of water operator if fluoride concentration is outside of optimum range.
c. Instrumentation providing for notification of water operator if there is a failure of the continuous monitoring.
d. In lieu of continuous monitoring, a representative daily grab sample(s) may be collected from each fluoridation application point and analyzed daily for fluoride ion concentration.
e. If the result of a fluoride analysis is outside the optimum range, the sampling and measurement shall be confirmed by re-sampling as soon as practicable.
i. If the repeat sample is greater than 2.0 mg/l, the operator shall take appropriate action to correct the problem and inform the Department within 72 hours.
ii. If the repeat sample is less than 0.5 mg/l, then the operator shall correct the problem and provide a note on the Monthly Operating Report, describing the problem and the corrective action.
6.Daily Analytical Samples: If the daily analytical measurements or substituted theoreticals are outside the optimum range (0.5 to 1.2 mg/l) for more than 10 days during the month, then the public water system shall notify the Department of the intended course of action, including technical assistance or increased monitoring to address quality assurance.
a. In addition to the daily monitoring requirements, a monthly compliance sample of fluoridated water from the distribution system shall be submitted at least once each month to a laboratory certified to analyze fluoride. The Department may require additional testing, based on sample results and compliance history.
a. If two consecutive monthly compliance samples are outside the optimum range of 0.5 to 1.2 mg/l, then the public water system shall report 4 weekly additional samples that are within the range of 0.5 to 1.2 mg/l.
7.Temporary Suspension of Fluoride: If a public water system suspends the addition of fluoride for more than 30 consecutive days, then the public water system must provide public notification as soon as practicable, or within 30 days, whichever is sooner, with appropriate public notification language. Modifications to the following text must be approved by the Drinking Water Program.
8.

PUBLIC NOTIFICATION

TEMPORARY FLUORIDATION SUSPENSION

Dear User, The fluoridation adjustment in your community drinking water will be (or has been) temporarily suspended due to: (). Fluoridation is scheduled to be restored by the following date: ().

9. Compliance Sample Results: Based upon the analytical results from a certified laboratory, the following will be used to determine the necessary enforcement action.

Fluoride Level Action

< 0.5 or > 1.2 mg/l for 1 month

Call to Department for quality assurance.

< 0.5 or > 1.2 mg/l for 2 consecutive months.

Test weekly for 4 weeks and Post Public Notice in Consumer Confidence Report

>2.0 mg/l and <=;4.0 mg/l

Post Public Notice in Consumer Confidence Report

> 4.0 mg/l

Tier 2 Violation: Post Public Notice within 30 Days

10.Use of Consumer Confidence Report /Public Notification Language: Failure to Monitor: If a public water system fails to collect any compliance sample(s), the public water system must provide public notification of the failure to monitor or report in the annual Consumer Confidence Report.
a. The following statement must be included in the public water system's annual Consumer Confidence Report:
i. Fluoride Monitoring/Reporting Violations: The public water system must state the following: "In (identify reporting period), our water system failed to test and report monthly fluoride results to the State of Maine Drinking Water Program. Fluoride levels must be maintained between 0.5 to 1.2 mg/l, for those water systems that fluoridate the water. Since this violation, fluoride testing and monthly reporting have resumed on schedule.
ii. Fluoride Compliance Samples Outside Optimum Range of 0.5 - 1.2 mg/l for 2 Consecutive Months: The public water system must state the following: "During (identify months out of range), our water system failed to report fluoride levels within the optimum range of 0.5 to 1.2 mg/l."
b. Water systems that have temporarily taken their fluoridation off-line due to malfunctions or maintenance are not required to collect a compliance sample while fluoridation equipment is off-line.
K.Bottled Water

Public water systems which bottle water for consumption shall comply with this section and any other relevant section of these rules.

1.Ongoing Water Quality Monitoring/Reporting for Bottled Water Facilities
a.General Requirements. All plants producing bottled water must be responsible for sampling and testing for all physical, chemical, microbiological and radiological parameters specified in Appendix A of these rules. Water quality results must be reported below all maximum contaminant levels set within Appendix A.
i. Analyses must be conducted by a certified laboratory in accordance with the testing and methodological requirements specified by the U.S. E.P.A.'s National Primary Drinking Water Regulations under 40 C.F.R. Sections 141-143.
ii. Raw samples from each source must be analyzed by a certified laboratory as often as necessary, to identify evidence of any change in water quality, but at a minimum frequency of quarterly, for total coliform bacteria and annually for chemical, physical, and radiological contaminants, which are listed in Appendix A of these rules.
iii. Finished water (production water) monitoring frequency will be determined by the Department, based on raw water quality results, treatment, and deficiencies identified.
b.Reduced Testing for Bottled Water Facilities: The Department may reduce the frequency of water quality testing requirements on a case-by-case basis, after reviewing the source conditions and water quality results for each source and determining no potential health risks. The Department also reserves the right to reduce the monitoring frequency of post-treated water after determining no potential health risks from water quality results.
c.Additional Testing for Bottled Water Facilities: Notwithstanding any over provision of these rules, the Department may require any bottler, distributor or vendor of bottled water to test and submit results to the Department for any substance at any time, when the Department determines that the substance may be present in a water source and threaten public health. The Department reserves the right to increase testing/monitoring frequency, based upon an evaluation of geologic conditions, individual land use and other factors potentially affecting water quality.
d.Cease Production Orders: When there is a violation of the Department's primary drinking water regulations, or when, in the judgment of the Department, a condition exists in a public water system which will cause a violation and potentially cause a serious risk to public health, the Department may require the bottler to cease water production. This term refers to one of the following events:
i. Confirmed e. coli in the source water without meeting 4-log virus inactivation, including a detectable chlorine residual;
ii. Bottled water after treatment and prior to bottling which contains a drinking water contaminant exceeding the Maximum Contaminant Level (MCL) regulated by the Department within these rules;
iii. An unprotected direct cross-connection with the sanitary sewer; or
iv. Any other violation that poses a potential imminent threat to public health, as determined by the Department, which is authorized.
L.Sanitary Surveys
1. Community Water Systems must have a Sanitary Survey conducted no less frequently than every three years.
a. The Department reserves the right, based on 40 C.F.R. Parts 141 and 142, to conduct some community sanitary surveys every five years.
2. Non-Community Water Systems shall have a Sanitary Survey conducted no less frequently than every five years. Bottled water facilities are subject to sanitary surveys every three years.
3. Sanitary Surveys conducted shall address the following eight components as part of the on-site process:
a. Evaluation of the source and protective measures in place to insure acceptable quality and quantity;
b. Evaluation of the treatment processes in place to insure adequate water quality;
c. Evaluation of the distribution system;
d. Evaluation of the finished water storage facilities, including quantity;
e. Evaluation of pumps, pump facilities and controls;
f. Review of monitoring and reporting results and data verification process;
g. Evaluation of system management practices and operations; and
h. Review of Operator Certification compliance with State regulations.
4. During all sanitary surveys, the following parties shall be present:
a. Administrative Contact or other management personnel;
b. One or more licensed designated operators, for all systems required to have a licensed designated water operator; and
c. Other individuals as required by the Department.
5. If a system is required to prepare a disinfection profile under the requirements of the Enhanced Filtration and Disinfection rules pursuant to 10-144 CMR Ch. 231, Section 7(N); 40 C.F.R. 141.170 § Subpart (P), the profile shall be reviewed as part of the sanitary survey.
6. If a "significant deficiency" is identified in the Sanitary Survey Report, the system must report to the Department within forty-five (45) days of receipt of the report to explain how the system will address the deficiency and when the repairs will occur.
7. If a system is required to develop a "Disinfection Profile," the system shall consult with the Department prior to making any significant change to its disinfection practice. The term "any significant change" may include, but not be limited to, any of the following:
a. changes to the point of disinfection addition;
b. changes to the disinfectant used in the treatment process;
c. changes to the disinfectant process; or
d. any other modification identified by the Department.
8. For public water systems serving ground water to a population under 1,000, the Department's sanitary surveys will evaluate the appropriateness of the public water system's monitoring schedule. The Department may modify these particular monitoring schedules, as necessary, based on historical water quality testing results, or if changes in the number of, and/or location of, potential sources of contamination are identified during the sanitary survey.
9. The Department may identify sanitary defects during a sanitary survey under the Revised Total Coliform Rule. If the system fails to correct such sanitary surveys within the time frame set, then the Department will rescind any reduced monitoring status held by the system.
M.Ongoing Water Testing Requirements for Water Vending Machines
1. Pursuant to 22 M.R.S. §2613(3), a bacteriological sample of a water vending machine shall be submitted to the Department at least every three (3) months.
2. If the water vending machine reports at least one year of clean results (i.e. no coliform bacteria contamination), then the Department may reduce the frequency of sampling to one sample per year.
N.Tanks and Clear wells: Repairs, Coating, Painting of Surfaces Touching Finished Water
1.
1. Public water systems with new water storage tanks poured in place or constructed on site shall test for Volatile Organic Compounds (VOC's) and report satisfactory results before such tanks are placed into service.
2. Public Water Systems with coated or painted tanks shall test for VOC's and report satisfactory results to the Department before being placed into service.
3. Repairs or changes requiring a petroleum-based chemical to be used for tanks, requires a VOC test with satisfactory results, before such tanks may be placed back into service.

10-144 C.M.R. ch. 231, § 4