Maine Code § 22-2612

Approval of construction or alteration, training, inspection, regulations and records
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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 department.

A. The commissioner may exempt the construction, addition or alteration from submission and
approval if it will have no effect on public health or welfare. [PL 1999, c. 761, §2 (NEW).]
B. The department must consult with and advise persons planning or operating a public water
system as to the most appropriate source of supply and the best methods of ensuring its purity. The
department must consider any existing potential sources of contamination in the vicinity of the
proposed source of supply when reviewing whether to approve a new source of supply and may
deny approval based on those existing potential sources of contamination. [PL 1999, c. 761, §2
(NEW).]
C. In granting approval of plans and specifications, the department may require modifications,
conditions or procedures to ensure, as far as feasible, the protection of the public health. The
department may adopt and enforce rules governing the construction or alteration of public water
systems to ensure the protection of the public health and may require the submission of water
samples for analysis to determine the extent of treatment required. [PL 1999, c. 761, §2 (NEW).]
Records of construction, including, when feasible, plans and descriptions of existing public water
systems, must be maintained by public water systems and made promptly available to the department
upon request.
[PL 1999, c. 761, §2 (RPR).]
2. Operation and maintenance of public water systems. The department shall monitor the
operation and maintenance of any public water system in the State. Such monitoring shall include all
aspects of operation and maintenance which may affect the quality of the water supply. The department
may adopt rules and regulations relating to operation and maintenance of public water systems to insure
the purity of water and the protection of public health. Such rules and regulations may apply to all
aspects of operation and maintenance which may affect the quality of water supplied to the public,
including feasible purification methods, equipment and systems. The department may require, by rule
or regulation, any public water system to submit water samples for analysis on a regular basis, as often
as necessary to insure the public health. Records of operation and maintenance of public water systems
shall be kept on forms approved or specified by the department and this data shall be submitted to the
department at the times and in the manner as the department directs. The supplier of water shall
promptly comply with such department directions.
[PL 1975, c. 751, §4 (NEW).]
3. Inspection. Any officer or employee duly designated by the commissioner, upon presenting
appropriate credentials and a written notice of the officer's or employee's authority to inspect, signed
by the commissioner, is authorized to enter any part of a public water system in order to determine
whether such supplier is complying with this chapter and any departmental rules or orders issued
hereunder. The inspection may include any portion of a public water system, including the sources of
supply, treatment facilities and materials, pumping facilities, distribution and storage facilities, records,
files and reports on operation. The inspection may also include the testing of any portion of a public
water system affecting water quality, including raw and processed water, and the taking of any samples
necessary to insure compliance with this chapter and the rules or orders issued hereunder. Each
inspection must take place at a reasonable time and be commenced and completed with reasonable
promptness. The supplier must be promptly notified of the results of the inspection.
[RR 2021, c. 2, Pt. B, §129 (COR).]
4. Engineering studies. The commissioner may order a public water supplier to carry out an
engineering study of the water works system or any portion thereof, if such study is required to identify
potential threats to the public health and remedies that will remove such threats. The purpose of such
study shall be to ascertain the best methods of complying with this chapter and departmental rules and
regulations. The department may further order a public water system to implement the feasible
recommendations of the study required to protect the public health. Prior to issuing any order under

this subsection, this commissioner shall provide written notice to the public water system and public
notice in a newspaper of general circulation in the area served by the public water system, and shall
also provide the opportunity for a public hearing on the proposed order.
[PL 1975, c. 751, §4 (NEW).]
5. Cross connections. The department may adopt and enforce regulations governing the
connection of any public water systems to any pipes, facilities or structures that carry, store or distribute
water that has not been analyzed for compliance or cannot comply with the State Primary Drinking
Water Standards, or any connection that may introduce contamination into the system, in order to
protect the system from contamination.
[PL 1975, c. 751, §4 (NEW).]
6. Training. The department may provide training in operations and maintenance of public water
systems, techniques and methods of testing and analysis of water, and the requirements of this chapter
and departmental rules and regulations, for suppliers of water and operators and employees of public
water systems.
[PL 1975, c. 751, §4 (NEW).]

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