Cap’n Fish’s Waterfront Inn in Boothbay Harbor has been cited by Maine’s Center for Disease Control for operating without an approved public sewage disposal system in violation of the state’s food code.

An inspection in early January by the Boothbay Harbor Sewer District found four PVC sewerage pipes discharging raw sewage into an open 55-gallon drum, which was located directly beneath the inn’s deck.

At the time, Sewer District Superintendent Chris Higgins notified Boothbay Harbor Code Enforcement Officer Geoff Smith, who realized that the pump station, which was placed under the restaurant on the inn’s pier, “ ... presented concerns on multiple levels, among which were potential health code, land use code, and plumbing code violations, as well as environmental contamination.” 

Acting on these concerns, Smith in turn, notified the Maine Center for Disease Control. 

Higgins also reported the issue to the Department of Environmental Protection because the open top of the drum might, at high tide, permit sea water to flow into the container and then allow sewage to escape into the harbor.

A letter was sent from the Sewer District to the inn’s owner, John Fish, on Jan. 6. The letter informed Fish of the issue and directed him to replace the existing drum with a well and pump for sewage, which would be enclosed and properly sized to the site conditions.

On Jan. 15, Eric Wrightman, Compliance and Enforcement Specialist for the Maine Center For Disease Control and Prevention, notified the Fish that the open container with sewage needed to be corrected as soon as possible.

“You are hereby notified that this noncompliant pump station must be replaced with one that meets code and is water-tight before you re-open your establishment or by May 1, 2015, whichever is earlier,” the notification stated.

Citing Maine law that gives the department the authority to direct an establishment to correct issues to protect public health, the letter further advises Cap’n Fish’s that renewal of its eating and lodging license, which is slated for May 1, 2015, is in jeopardy if the situation is not corrected.

At this time, according to Smith, the state has informed the owner that they must contact a Master Plumber to design the proper size pump and tank for the daily discharge from the inn. After the design is reviewed and approved, the pump tank will be permitted though the municipal Code Office, inspected for proper installation, and the installation approval will be forwarded to the CDC.

Smith does not believe that the work can be completed prior to May 1, 2015.

John Fish’s wife, Diane Fish, who was reached in Florida, said that they had not received the letters from the Sewer District and the Maine CDC until a couple of days ago. The property owners have spoken with a local plumber who is selecting a pump that can be used and the work to replace the existing pump station will begin when the weather permits.

Diane Fish said she expects the new pump design to be approved "without any problems and in time for the inn's opening in the spring."