Strategies for Rural Development in Areas with Limited Public Infrastructure: Alternative Septic Systems

Legal Management Options

Chapter 12 of Maine’s Subsurface Wastewater Disposal Rules defines a “multi-user (common) disposal system” as a system “designed to serve three or more parcels with structures under individual and separate ownerships, and when the disposal system is not owned by one party of entity.” The rules require that ownership of all parts of the system beyond the building’s backflow valve - that is, all parts from the point of discharge to a septic tank and disposal field (or other point of disposal) - “…shall be vested in a single and independent, legally established entity under Maine law.” This entity has the authority and responsibility to operate, maintain, repair, and if necessary replace the system beyond the individual building’s plumbing.  It has the authority to charge maintenance and other fees to assure suf?cient capitalization to meet its responsibility; is provided an access easement recorded against the properties associated with or necessary for the system; and is granted a right of entry to the properties for the purpose of maintaining, repairing, or replacing any portion of the common system.

Given this rule, there are three broad options for legal entities to manage a community wastewater disposal system in Maine:

1.  A municipal department, pursuant to the municipality’s home rule powers;

2.  A quasi-municipal agency:

a.  If the agency is newly formed for the purpose of managing one or more community systems, it must be organized as a sanitary district pursuant to the Maine Sanitary District Enabling Act (Title 38 MRSA Ch. 11);

b.  If the agency already exists and its jurisdiction is extended to one or more community systems, it may be either a sanitary district formed under the Maine Sanitary District Enabling Act, or, if organized before January 1, 1982, it may be a sewer district formed under the private and special laws of Maine;

3.  A private organization representing the owners of the community system:

a.  If the development is a condominium, it is governed by the Maine Condominium Act (Title 33 MRSA Ch. 31), and the unit owners’ association is authorized under the act is empowered to maintain, repair, and replace the common elements of the condominium (see Title 33 MRSA sec. 1603-102);

b.  If the development is a development with common elements but is not a condominium, the organization of the governing body is not specifically regulated under state law.  However, local zoning and subdivision ordinances typically require the formation of a homeowners’ association and, to comply with the state’s subsurface wastewater disposal rules, it would need to be a legal entity under Maine law (a nonprofit corporation, a cooperative, etc.) with the power and liability to own and maintain the common system.

 Andy Tolman and James Jacobsen of the Maine Drinking Water Program discuss septic system management options:

( 4 min. 9 sec. Video)

Related Work Plan Components

Workgroup Contacts

In Aroostook County: Jay Kamm, Ken Murchison, Joella Theriault

In Washington County: Judy East