Section 144-200-5-1 - WATER5-101 Source 5-101.11 Approved System.* Drinking Water shall be obtained from an Approved source that is:
(A) A Public Water System; or(B) A non-Public Water System that is constructed, maintained, and operated according to Law.5-101.12 System Flushing and Disinfection.* A drinking water system shall be flushed and disinfected before being placed in service after construction, repair, or modification and after an emergency situation, such as a flood, that may introduce contaminants to the system.
5-101.13 Bottled Drinking Water.* Bottled Drinking Water used or sold in a Food or Eating Establishment shall be obtained from Approved sources in accordance with 21 CFR 129 (Processing and Bottling of Bottled Drinking Water)(2012 ed.),10-144 CMR 235 (Maine Rules Relating to Bottled Water, Bulk Water and Water Vending Machines(Amended 2001) and as updated, and 32 M.R.S. §Chapter 27 (Manufacturers and Bottlers of Nonalcoholic Beverages)(Amended 2011).
5-102 Quality 5-102.11 Standards.* Except as specified under § 5-102.1 2:
(A) Water from a Public Water System shall meet 40 CFR 141 (National Primary Drinking Water Regulations)(2012 ed.)and state Drinking Water quality standards, in accordance with the State of Maine Rules Relating to Drinking Water at 10-144 CMR 231(Amended 2012); and(B) Water from a nonpublic Water System shall meet state Drinking Water quality standards.(C)State Drinking Water quality standards are as follows:(1)Zero (0) colony forming units of Coliform bacteria per 100 milliliters of sample: and(2) 10 ppm nitrate maximum.(D)Drinking water acquired from surface water shall be properly disinfected with chlorine, and maintain a residual of 0.5 ppm.(F)All new Public Water Systems and all new Establishments supplying drinking water from their own source shall test for total coliform bacteria, nitrate, nitrite, fluoride, chloride, hardness, antimony, iron, pH, manganese, uranium and arsenic. The Regulatory Authority may require testing for volatile organic carbons, if there are buried fuel storage tanks within 1,000 feet from the drinking water source. Additional testing may be required if the source is in the proximity of a known contamination site. (F)If the Food or Eating Establishment is a Public Water System, state and federal Drinking Water regulations at 10-144 CMR 231 (Amended 2012) and 40 CFR 141 (2012 ed.) regarding new source approval shall applyin order to obtain "new well approval" from the Department of Health and Human Services, Drinking Water Program. If the Food or Eating Establishment isnot a regulated Public Water System, then the Food or Eating Establishment shall sample according to Section 5-102.13 of this Code. (1)Food or Eating Establishments that meet the definition of a Public Water System shall obtain "new system approval" from the Maine Department of Health and Human Services Drinking Water Program.(2)Water test results for non-Public Water Systems will be reviewed by the Regulatory Authority to determine if the source is acceptable or is in need of treatment.
(a) Treatment will be required if the water quality does not meet drinking water quality standards found in Section 5-102.11 (C) of this Code.(b)Treatment or other mitigation measures may be required, if the following standards are exceeded: (i)Arsenic - 10.0 parts per billion (ppb)(G)If the Food or Eating Establishment is neither a Public Water System regulated by the Maine Drinking Water Program nor receiving its Drinking Water from a Public Water System, then the Food or Eating Establishments must report Drinking Water quality standards for the following contaminants, upon renewal of their Food or Eating Establishment License: (1)Total Coliform Bacteria; and5-102.12 Nondrinking Water.* (A) A non-Drinking Water supply shall be used only if its use is Approved.(B) Non-Drinking Watershall be used only for non-culinary purposes, such as air conditioning, non-Food Equipment cooling,fire protection, sanitary needs (toilets and urinals) and irrigation. 5-102.13 Sampling. Public Water Systemsshall sample at a frequency determined by the Maine Drinking Water Program at the Department of Health and Human Services.
Non-Public Water Systems: Except when used as specified under § 5-102.1 2, water from a non-Public Water System shall be sampled and testedas required by state water quality regulations and as indicated in subsections (A) through (C) below:
(A)Establishments with groundwater sources shall test at least quarterly for total coliform bacteria. After four quarters of satisfactory total coliform bacteria sample reports, the sampling frequency may be reduced to annually. Establishments with groundwater sources shall test at least quarterly for nitratesif initial testing indicates that the nitrates exceed more than half of the Drinking Water quality standards at 5-102.11(C). If, after four quarters of sampling, the nitrates remain below Drinking Water quality standards found in 5-102.11 (C), then the sampling requirements for nitrates may be reduced to annually. All other Establishments with groundwater supplies shall test at least annually for nitrates.
(B)Establishments with surface water sources shall test at the same frequency as a Transient Public Water Systemfor nitrates, nitrites and total coliform bacteria, chlorine residual and turbidity. A copy of the chlorine records shall be kept on the premises for the last two years and shall be made available for viewing by the Regulatory Authority.(C)All Establishments shall test for nitrites, in accordance with standards set by the Regulatory Authority. 5-102.14 Sample Report. The most recent sample report for the non-Public Water System shall be retained on file in the Food or Eating Establishment or the report shall be maintained as specified by state water quality regulations.
5-103Quantity and Availability 5-103.11 Capacity.* (A) The water source and system shall be of sufficient capacity to meet the peak water demands of the Food or Eating Establishment.(B) Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the Food or Eating Establishment. 5-103.12 Pressure. Water under pressure shall be provided to all fixtures, Equipment, and non-Food Equipment that are required to use water except that water supplied as specified under ¶¶ 5-104.12(A) and (B) to a Temporary Food or Eating Establishment or in response to a temporary interruption of a water supply need not be under pressure.
5-104 Distribution, Delivery, and Retention 5-104.11 System. Water shall be received from the source through the use of:
(A) An Approved public water main; or(B) One or more of the following that shall be constructed, maintained, and operated according to Law: (1) Nonpublic water main, water pumps, pipes, hoses, connections, and other appurtenances,(2) Water transport vehicles, and/or5-104.12 Alternative Water Supply. Water meeting the requirements specified under Subparts 5-101, 5-102, and 5-103 shall be made available for a mobile facility, for a Temporary Food or Eating Establishment without a permanent water supply, and for a Food or Eating Establishment with a temporary interruption of its water supply through:
(A) A supply of containers of commercially Bottled Drinking Water;(B) One or more closed portable water containers;(C) An enclosed vehicular water tank;(D) An on-Premises water storage tank; ori. Piping, tubing, or hoses connected to an adjacent Approved source.10-144 C.M.R. ch. 200, § 5-1