Announcement of 2023 Amended Subsurface Wastewater Disposal Rules

Announcement of 2023 Amended Subsurface Wastewater Disposal Rules

As of September 23, 2023, the Maine Center for Disease Control and Prevention (Maine CDC) Subsurface Wastewater Unit’s amendments to the Subsurface Wastewater Disposal Rules (10-144 CMR Chapter 241) are effective.

The updated rules are available on the SSWW Unit Website.

Highlights:

• Removal of Microfiche Permit Search Fees: Maine CDC removed fees for Microfiche permit searches, because the agency no longer offers that service. Permits are now scanned and uploaded to an online permit database. All other fees remain the same. Please refer to: Section 4(C)
• New Seasonal Conversions Section: Maine CDC added a section on updated requirements for seasonal dwelling unites converting into year-round residences. Please refer to Section 8(B)
• Changes to Soil Fill Age Criteria Inside and Outside of the Shoreland Zone: Maine CDC removed the requirement for soil to be older than July 1, 1974 to be considered equivalent to original soil inside the Shoreland Area and replaced it with criteria that the fill must be in place for at least 40 years. Please refer to Section 5(B)(6)(a)
  If the fill is located outside of the Shoreland Zone, Maine CDC requires that the soil fill must be in place for at least 20 years to be considered equivalent to original soil. Please refer to Section 5(B)(5)(a)
• Changes to Temporary Portable Toilet Requirements: Temporary portable toilets are allowed for use for a maximum of seven days. If temporary portable toilets are needed for longer than seven days, then they will require a written approval from the Local Plumbing Inspector. If the temporary toilet is associated with the Maine Department of Health and Human Services Maine CDC’s Health Inspection Program, there are additional requirements. Please refer to Section 5(I)(2) and 5(I)(6)
• New Waste Discharge from Residential Water Softeners and Iron Systems Section: Maine CDC added provisions governing the discharge of water softeners and iron systems for single family and duplex residential dwellings (only). Please refer to Section 11(E)
• Clarification of Design Flows for Short-Term Rentals: Maine CDC clarified that the design flow for short-term rentals must be higher than flows listed in Table 5(A). Please refer to Section 5(D)(3)

Please Remember:

• Septic system designs are required to be in compliance with the 2023 SSWW Disposal Rules. Designs permitted after 9/23/2023 will need to be re-evaluated for compliance with the 2023 SSWW Disposal Rules.
• Municipal Offices are allowed to pass local ordinances that are no less stringent than the Department’s Rules. Please refer to Section 4(E) for information around local ordinances.

 

For any questions, concerns, or clarifications, please don’t hesitate to contact the Maine CDC Subsurface Wastewater Unit.

 

URLs

• SSWW Disposal Rules: https://www.maine.gov/dhhs/mecdc/environmental-health/plumb/rules.htm
• Maine CDC Recently Adopted Rules: https://www.maine.gov/dhhs/mecdc/rules/maine-cdc-rules.shtml#anchor11916037
• Notice of State Rulemaking: https://www.maine.gov/sos/cec/rules/notices/2023/092023.html
• SSWW Contact: https://www.maine.gov/dhhs/mecdc/environmental-health/plumb/about.htm