Prohibited Subsurface Wastewater Discharges

• Floor drains in motor vehicle repair area/Motor vehicle waste disposal wells
• Floor drains in other areas with a "significant potential" for discharge
• Large-capacity cesspools
• Subsurface discharge of hazardous or radioactive wastes

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Floor drains in motor vehicle repair areas/ Class V Motor vehicle waste disposal wells  

Floor drains in motor vehicle maintenance areas are prohibited from discharging to a subsurface wastewater disposal system or to a pipe that discharges on top of the ground ("daylighted").  A motor vehicle maintenance area is any area in which vehicular repair or maintenance activities occur, including, but not limited to, activities performed at such businesses as automotive and autobody repair shops; new and used car and truck dealerships; aircraft, outboard engine, snowmobile, lawnmower, and ATV sales and repair shops; specialty repair shops; and any person that does gasoline- or diesel-engine repair work (whether those services are offered to the public or are solely for the person's own vehicle or fleet).

If you have a floor drain in a motor vehicle repair area, your options are to (1) seal the drain, (2) connect the floor drain to a municipal sewer system (with permission of the local sewer district) or (3) connect the floor drain to a non-domestic, wastewater holding tank.  The DEP will not issue a license this discharge.  When you seal or re-direct the floor drain, you must dispose or otherwise manage any soil, gravel, sludge, liquids or other materials removed from the drain in accordance with all applicable federal, state and local regulations.

Thirty (30) days prior to sealing your floor drain or otherwise disconnecting it from a system that discharges onto or below the ground, state and federal law requires you to notify the DEP of your intended action.  Pre-closure notification includes:

• the name and address of the business, 
• the name and address of the owner, 
• the number of floor drains to be sealed or re-connected,
• the type of surface or subsurface system to which the floor drains are presently connected, and
• whether the floor drain(s) will be sealed or the new connection location for the drain (municipal sewer or holding tank).

If you are closing a floor drain in a motor vehicle repair areas as the result of an inspection by DEP, you do not need to file pre-closure notification.  

Please contact Maine DEP:

Underground Injection Control Program
Maine Department of Environmental Protection
Bureau of Water Quality
17 State House Station
Augusta, ME  04333-0017
Contact: Laura Crossley, 207-615-6711

Maine Underground Injection Control Program, 06-096 C.M.R. ch. 543 (last amended October 3, 2006), see Section (3)
Maine Subsurface Wastewater Unit, Department of Health and Human Services,10-144 Chapter 241, see Section (1) (F)

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Floor drains in other areas with a "significant potential" for discharge

All subsurface discharges of fluids into or through a well are prohibited, except as authorized in accordance with the rule; 06-096 C.M.R. ch. 543 (last amended October 3, 2006), see Section (3); 38 M.R.S.A.  § 413 (1-B) or the “Maine Subsurface Waste Water Disposal Rules,” 10-144 Chapter 241.

No owner or operator of a well shall construct, operate, maintain, convert, plug, abandon or conduct any other discharge activity into that well in a manner that allows the movement of fluid containing any pollutant into groundwater.

All underground injection wells classified as class I, II, and III wells are prohibited in Maine.

Class IV wells that have the potential to discharge hazardous waste, radioactive waste, radiological, chemical or biological warfare agents or high-level radioactive waste are prohibited.

Class IV wells used to discharge solutions to remediate contamination in situ or to discharge contaminated ground water that has been treated and is being discharged in the same formation form which it was drawn, pursuant to a cleanup under the direction of state or federal government are authorized by rule but must be registered.

Prohibition of certain floor drain connections. A floor drain may not be connected to a well, including a drywell or septic system, or to a pipe that discharges to the ground surface (also known as “daylighting”) if there is a significant potential for industrial, hazardous or toxic liquids or pollutants to discharge into the floor drain.

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Large-capacity cesspools

A large-capacity cesspool is a dry well that receives solely untreated domestic wastewater and serves 20 or more persons per day or disposes of 2,000 gallons or more of domestic wastewater per day.  This term does not include single-family, other residential or non-residential cesspools below the capacity or flow limits specified.

All large-capacity cesspools, were required by federal and state law to be closed by April 5, 2005.  Closure options included (1) installation of a septic system, (2) connection to a municipal sewer system or (3) installing a treatment system and being granted a waste discharge license for disposal in surface water or to the land.  

If you find a cesspool on your property, you need to contact:

Unless you are directed by DEP or DHHS to keep your cesspool open, you may close and re-direct the domestic wastewater after 30 days.  Both agencies will attempt to respond to all pre-closure notifications within 7 days.  Once you have gotten approval, you may proceed immediately and need not wait the full thirty days.  

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Subsurface discharge of hazardous or radioactive wastes

The subsurface discharge of hazardous waste or radioactive waste into a dry well, cesspool, septic system or through any other subsurface fluid distribution system is prohibited.  The DEP will not issue a license for this discharge.

How do you know if you have a hazardous or radioactive waste?  Hazardous wastes are those substances identified as hazardous in 06-096 CMR, Chapter 850, Section 3(C).  Questions about the hazardous waste should be directed to the Bureau of Remediation and Waste Management at (207)287-7688.

A radioactive waste is any waste which contains radioactive material in concentrations which exceed those listed in 10 CFR Part 20, Appendix B, Table II, Column 2.  Further information about radioactive waste is also available from the Dept. of Human Services, Radiation Control Program.. 

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