2023 Revisions to the Maine Subsurface Wastewater Disposal Rules

 

Highlighted Changes

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. Designs permitted after 9/23/2023 will need to be re-evaluated for compliance with the 2023 SSWW Disposal Rules.


  1. Septic Tanks Require Risers:  Maine CDC added requirements for all septic tanks, dosing tanks, and holding tanks to have a minimum of one watertight riser to finish grade, in order to simplify location and maintenance. Please refer to:
    • Section 7(F)(2)(a),
    • Section 7(J)(4),
    • Section 7(Q)(6)(d),
    • Section 8(C)(1)(f),
    • Section 9(C)(1)(e),
    • Section 17(E)(2), and
    • Section 17(E)(5).

  2. Hay is No Longer an Allowable Filter Material:  Filter fabric must be used in place of field, which is in line with current industry standards. Hay has been omitted from the following sections:
    • Section 12(E)(c),
    • Section 12(F)(3), and
    • Section 12(I)(5)(b)

  3. 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)

  4. 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)

  5. 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)
     
  6. Changes to Temporary Portable Toilet Requirements:  In response to Rules adopted in September, 2023, the Maine Legislature passed An Act Regarding the Placement of Portable Toilets (LD 2201 – Public Law 2023, Ch. 614). Under this legislation, a person* may place and use a temporary portable toilet on a property as long as the temporary portable toilet is maintained and serviced in a reasonable manner to protect the public's health and safety and the environment. (*Persons required to be licensed under Title 22, Chapter 562, excepted). The new legislation takes effect August 8, 2024.  Click here for DHHS guidance on this amendment (PDF). Please refer to:
    • Section 5(I)(2) and
    • Section 5(I)(6)

  7. 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)

  8. 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)

Updated 6/25/2024