A. Drinking water. A Child Care Facility must provide documentation of water safe for drinking by Child Care Staff Members and Children in care. If a satisfactory supply cannot be provided, a license or renewal of a license may not be issued.

  1. Facilities serving drinking water from their own well must demonstrate satisfactory water quality by testing for the following contaminants by a Maine-certified laboratory:
    a. Fluoride,
    b. Uranium,
    c. Arsenic,
    d. First-draw lead sample,
    e. Nitrates, and
    f. Total coliform bacteria.
  2. Facilities serving water from a municipal public water system well must demonstrate satisfactory water quality by collecting and testing one first-draw lead sample prior to receiving a license. The sample container must be from a Maine-certified laboratory and consist of a one-liter capacity.

B. Ongoing annual water tests for Child Care Facilities with wells. Facilities serving water from their own well must test their water annually for coliform bacteria and nitrates. Samples must be analyzed and results reported by a Maine-certified laboratory. Facilities must maintain water quality reports for Department inspection.

C. Five-year water tests for facilities with wells. In addition to the annual testing required by Section 13(B) above, facilities serving water from their own wells must test their water every five years for at least the following contaminants: fluoride, uranium, first-draw lead sample and arsenic.

D. Bottled water agreements. If the facility chooses to use and serve bottled water due to the presence of one or more of the contaminants listed in Section 13(A)(1)(a-e) above, then the Child Care Facility may operate under a written bottled water agreement with the Department. Under this agreement, the Child Care Facility must:

  1. Use bottled water for all consumption and food preparation;
  2. Provide written notification to parents of enrolled and prospective Children that the Child Care Facility is required to use bottled water for all consumption and food preparation;
  3. Post the agreement where it can be readily seen by parents; and
  4. Continue to conduct annual water testing in accordance with Section 13(B) of this rule.

E. Non-transient, non-community water systems. A Child Care Facility that provides the drinking water from a well to 25 or more Child Care Staff Members and Children must comply with 10-144 CMR Chapter 231, Rules Relating to Drinking Water, last amended May 9, 2016.

F. Water and Sewer. During all hours of operation, water supply and sewage disposal must meet the standards of the Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Environmental and Community Health to accommodate the licensed capacity of the Child Care Facility.

  1. When the sewage disposal system is not properly operating, the Child Care Facility must close.
  2. The Child Care Facility may resume operation when the sewage disposal system is properly operating.