MAINE
PUBLIC DRINKING WATER COMMISSION
MINUTES OF MEETING #96
February 7, 2007
The Maine Public Drinking Water Commission (DWC) held its 96th
meeting on February 7, 2007, at the Maine Department of Health and Human
Services Conference Room, Water
Street, Augusta, Maine.
Present were:
- Members: Judith Kelley – Chair, Vaughn Smith – Vice
Chair, Richard Berry, Kenneth Sonagere, Harvey Chesley,
Jr., Thomas Brennan, and Nancy Beardsley
- Guests: Chris Ryan (EPA, Region 1), Bill Johnson (DWP), Tera Pare (DWP) and Cheryl
Pratt (DWP)
Time: Ms. Kelley
called the meeting to order at 9:03 a.m.
A.
Approval of Minutes:
Mr. Berry
made a motion to accept the minutes of the prior meeting (#95). Judy seconded the motion, which carried
unanimously.
Introductions:
Each member introduced themselves and welcomed Chris
Ryan to the meeting.
Schedule:
Judy discussed the meeting schedule, and how the
April meeting will set the AFM fees and June’s meeting will address drafting
the annual report to the Commissioner of the Department of Health & Human
Services.
Expiring Terms:
Judy noted that Ken Sonagere,
Vaughn Smith, and Bob MacKinnon all have terms due to expire at the end of
2007. Judy asked if the Commission
should submit applications for appointments early, given the length of time it
takes. Nancy offered to check with the Appointments
Secretary and let the Commission know at the next meeting what she learns.
Meeting Space:
Judy discussed a letter written by Mr. Berry that requested a
return to the third floor conference room for future meetings. Cheryl will reserve the space for those
meeting dates that the Commission is not meeting at a Member’s facility. Tom Brennan offered to host April’s meeting
in Hollis, and Harvey Chesley offered to host June’s
meeting at his campground.
B.
Recurring Business:
1.
AFM Fee and Collection Status: Cheryl and Nancy distributed three
handouts: (1) A report of AFM Fees received, as of January 30, 2007; (2) A list
of overdue AFM Fees for 2007; and (3) A comparative list of overdue AFM Fees
from 2006. Looking at the second and
third lists, members determined that the total amount due now remains similar
to the amount due last year. Judy
suggested that the Drinking Water Program (“DWP”) employ efforts to collect
those overdue fees by placing phone calls to public water systems that still
owe AFM Fees. Judy reminded the DWC that
every dollar collected by the DWP is one that needn’t be sought elsewhere.
2.
Security /
Operator Licensure / Compliance:
·
Security:
Bill
Johnson provided an update to the DWC regarding latest efforts at the DWP,
including 4 public service announcements produced at the Maine Association of
Broadcasters, table-top exercises across Maine,
and emergency response training through the ERP Handbook prepared by DWP.
·
Operator
Licensure:
Nancy distributed the October 2006 Pass Rates for operator
exams. The DWC and the DWP are concerned
with low pass rates and the smaller rate of new operators to fill positions
available from those retiring from the field.
Further discussion ensued about the possibility of designated operators
receiving AFM-Fee and other compliance-related correspondence from the
DWP. Nancy explained that the act of sending
notices of violation and invoices to operators is currently challenging, given
the database hurdles the DWP is facing.
·
Compliance:
Disinfection
By-product (“DBP”)Rule: Nancy again explained that 17 public water systems are facing DBP
MCL violations, which will inevitably turn into long-term
issues.
Filtration
Avoidance: One public water system faces losing its filtration waiver for exceeding fecal
coliform levels and violating the filtration avoidance criteria
in 2004. Nancy stated that this PWS reported no fecal exceedances in 2006 after employing a lethal bird harassment program.
High
Total Coliform Rule Monitoring/Reporting Violations: 1,300 violations were issued by the DWP in 2005 (600 PWS’s). Nancy asked if there are
any ideas to address the violations.
Vaughn suggested a volunteer program to make phone calls to those
systems violating M/R Rules, and Harvey
asked about Maine Rural Water
Association’s Water Quality Specialists.
Judy suggested introducing a bill to the Legislature that would require
restaurants, lodging facilities and camps to be in compliance with drinking
water regulations before receiving any licenses or permits to operate or serve
food or water to the public. This
suggestion arose after Ken expressed his shared frustration with the DWP that
there isn’t a stronger correlation between the DWP and other state agencies
that inspect and license the very establishments that are violating the
SDWA. The anticipated time for
introducing the bill would be Fall 2007.
3.
Legislation
and Match Issues:
·
Nancy reported on the various bills related to drinking
water this session and assured the DWC
that the DWP is closely tracking them and will report on their progress, as she
learns about them. Three bills are
drafted in hopes of securing match for DWP.
Two of the bills are introduced by Representative Flood and propose
funding from the General Fund or a 3-Year Bond.
The third bill was introduced by Representative Hayes from Buckfield to secure refinance money for Buckfield.
·
Nancy has also requested match from the Governor’s Bond
Package, but she’s heard no word. There
is no mention of DWP match in the DHHS Supplemental Budget or the Biennial
Budget.
·
Jim Wilfong and Barbara Merrill submitted a FOIA request to the
DWP, requesting extensive access to all records, correspondence and permits
relating to Bulk Water Transports. Tera
Pare, Enforcement Coordinator, responded with questions about more of the
specifics. Mr. Wilfong
has introduced previous bills and may have begun soliciting signatures for his
latest efforts to make the groundwater of Maine a resource that is owned by the State,
so organizations like Poland Spring would be charged to extract it.
·
Judy asked Nancy if she would like
the DWC’s assistance with the Legislature and
volunteered the Commission as a more present force supporting DWP match. Hearing from a new entity may be
effective. Tom advised that the DWC’s efforts should be organized in order to create the
best impact. Both Tom and Judy are
willing to testify, and Judy offered to share talking points from Maine Water
Utilities Association.
·
Nancy reported that the Public Utilities Commission will
begin deliberations in early March on how the proposed Water Sustainability
Rules will affect public water systems.
The rule will probably come up for hearing in late March.
·
The Groundwater
Workgroup Report reviewing the Bulk Water Transport laws was submitted to the
Natural Resources Council.
4.
Staffing Update / State Spending:
·
Staffing:
Nancy reported that there are currently two vacant
positions at the DWP. The Field
Inspector position received approval and will be stationed in Portland.
Candidate selection and interviews should occur in the near future. The ESS II position vacated by Robin Frost
still needs approval.
·
State
Spending: Nancy
reported that there are still restrictions on hiring and travel.
C.
New Business
1.
Chris Ryan,
EPA Liaison to the DWP:
·
Chris talked
about the grant, which is $900,000. EPA
is authorized to release a little more than one-third of this amount,
$340,000. Nancy asked EPA to put a condition on the
grant that requires Maine DWP to travel and attend out-of-state meetings in
order to receive the grant.
·
Nancy asked Chris about Lakehurst Acres and expressed how
impressed she was at witnessing the incredible collaboration between DWP and
EPA in trying to resolve this challenge.
Chris provided background on the case and what was attempted. Several EPA corrosion control experts and
academics (Mark Edwards from North Carolina
and Jerry Lowry from New Hampshire)
met with other EPA and DWP members to discuss the problem. Chris reported that money may also become
available from Cincinatti to help Lakehurst Acres
investigate and fix the high lead levels.
Current efforts include iron media and absorption. Chris emphasized that this case presents a
case study for the entire country in addressing this issue and simultaneous
compliance.
2.
Suggested
Agenda Items for Next Meeting:
·
Setting AFM Fees;
Discussion of Fee Allocation
·
Nancy will report on the PUC’s
Ruling
·
Judy will report
on following up with the letter she sent to the DHHS Legislative Committee
Chair
·
Proposed
legislation language for PWS compliance before obtaining operating and serving
licenses and permits
·
“Get-to-know your
Drinking-Water-Commissioners”: Tom Brennan is our gracious host for April
D.
Next Meeting:
·
April 11, 2007, 9:00 to 11:00 am at Poland Spring Bottling Company, Hollis.
Motion to Adjourn
The meeting adjourned
at 10:55 a.m.
Respectfully submitted,
Tera R. Pare, Drinking Water Program
