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MAINE PUBLIC DRINKING WATER COMMISSION

 

MINUTES OF MEETING #97

April 11, 2007

 

The Maine Public Drinking Water Commission (DWC) held its 97th meeting on April 11, 2007, at the Poland Spring Bottled Water Plant in Hollis, Maine.

 

Present were:

  • Members: Judith Kelley – Chair, Vaughn Smith – Vice Chair, Richard Berry, Kenneth Sonagere, Harvey Chesley, Jr., Thomas Brennan, Bob MacKinnon, Allen York, and Nancy Beardsley

 

  • Guests: Chris Ryan (EPA, Region 1), Roger Crouse (DWP), Tera Pare (DWP) and Cheryl Pratt (DWP)

 

Time: Judy Kelley called the meeting to order at 9:03 a.m.

 

A.                             Approval of Minutes:

Harvey Chesley made a motion to accept the minutes of the prior meeting (#96).  Judy seconded the motion, which carried unanimously. 

 

Reappointments:  

Judy asked about the status of the reappointments for Ken Sonagere, Vaughn Smith, and Bob MacKinnnon.  Nancy reported that she called Joe Bouche, the Appointment Secretary for the Governor’s Office.  Nancy is still waiting to hear back from Mr. Bouche but will try to contact him again.  Nancy suggested that all three members send their letters, asking for reappointment, and she will provide them with contact information.

 

B.                             Recurring Business:

1.        Security / Operator Licensure / Compliance: Nothing new

 

2.        Legislation: Bills and Bond Issues:

 

Bond

·         Nancy provided an update on bonds for the Drinking Water Program (DWP) by happily reporting that the DWP will receive two years worth of bond money, provided the public approves the funding in the June 2007 vote.  This result is even more miraculous, when the DWP’s request was not in the Governor’s bond package.  The Legislature is aware that Nancy will return next year to secure 2009 match.  If the vote approves of the funding, public water systems receiving SRF money will be able to begin their summer 2007 SRF construction projects.  Nancy thanked Judy Kelley for her testimony, in support of DWP match money.

Bills

·         Nancy reported on LD 1685, which is a bill to develop a comprehensive water use plan (“CWUP”).  The DWP supports the concept of planning and would like to insert the Groundwater Stakeholders Group plan into this CWUP.   The intent of this CWUP was to gather real data and science out first, to dispel the piecemeal legislation sprouting up lately.

·         LD 1743, proposed by Jim Wilfong’s group H2O for Maine, threatens to strip the DWP’s authority to issue bulk water transport permits and regulate the transport of water.  Instead, a Freshwater Resource Board would control these decisions and be routed in authority from DEP.  The DWP is strongly opposed to this bill, particularly because no state agencies would participate in the decision making process. 

·         Portland Water District wanted to raise penalties for swimming in the no-contact area near the District’s intake at Sebago Lake’s Lower Bay.  PWD also wanted to change the word “bathing” to “swimming”.  The Committee voted 5-5 to allow swimmers in Lower Bay within two miles of the intake, which proves a disturbing development.

·         The first work session was held on the Stream water bill consensus, with the condition taken out of the Clean Water Act and put into state law.  Andy Fisk from DEP provided a packet to the AG’s Office, and it should go forward.

·         The Groundwater Stakeholders Group was presented by Bob Marvinney last month.  Nancy reported that the presentation was well-received.  The Legislature will look at the Bulk Water Transport Law.  Bob Marvinney recommended that we wait until court decisions give the DWP more guidance.

 

3.    Staffing Update:

·         Staffing: Roger reported that there are currently two vacant positions at the DWP.  The Field Inspector position will be advertised on the ESS III Register.  Reviewing applications, conducting interviews, determining and hiring the best candidate will probably take one month, according to Roger.  This position will inspect transient and non-transient, non-community public water systems in the southern Maine region.  The GIS Coordinator position vacated by Robin Frost (who accepted the Data Management position) has been filled by Amilyn Stillings.  Ami has worked with the DWP for over two years as the Lead / Copper Rule Coordinator within the Compliance Section.  The GIS Coordinator position will expand to include inventory tracking for new and transitioning public water systems.  Of course, this shift will create a vacancy in the Compliance Section of the DWP.  A Compliance Officer for the Southern / Central Region overseeing Community and Non-Transient, Non-Community will be filled in late summer, hopefully. 

 

·         NSF Standards Meeting on April 26, 2007:  The DWP will be holding a stakeholders meeting in Augusta at 1:00 pm to discuss proposed language for rule changes requiring public water systems to use NSF-approved chemicals or products used in drinking water distribution, maintenance, or treatment.

 

4.     AFM Fee and Collection Status:  Another list of public water                                     systems owing overdue AFM fees was distributed to the Drinking                              Water Commission.

· Setting AFM Fees: Roger presented two scenarios for how to increase fees, in order to sustain the DWP for the next three to four years.  Roger used data for populations based on March 2007 population.  Nancy reminded the Drinking Water Commission (“DWC”) that revenue from AFM fee payments support five full-time staff positions.  The 25% increase of $80,000 seemed reasonable to the DWC.  Vaughn suggested that the DWC provide more notice to municipalities in the future, in order for their budgets to anticipate the increase in expenses.  In deciding between the two populations, the DWC agreed that all systems should get the same percentage increase, in the name of fairness and simplicity.  Bob MacKinnon made a motion to approve Scenario #2, where a $45 minimum and 40 cents per capita would be assessed.  Allen York seconded this fee structure for July 2007, and the DWC voted unanimously to approve.  Judy will contact Ron Miller of Portland Water District to let him know that the DWC is discussing changes to the caps created for PWD and the bottled water companies.  More discussion to come at the June 2007 meeting.

 

5.   Thank you, Tom Brennan, for hosting this DWC Meeting and providing a             very informative and interesting tour of Poland Spring’s Bottling Plant in            Hollis!

 

C.                             New Business

·       Chris Ryan, USEPA:  Chris discussed two grants being released to Maine’s DWP soon.  The first, the PWSS Grant is secure.  EPA Region 1 received all $90,000, and Chris will be sending a letter to Maine shortly.  The second grant, the Annual Security Grant, will be sent to Maine for the same amount as last year, $50,000.

 

        Suggested Agenda Items for Next Meeting:

Ř      Rule changes and legislation;

Ř      Annual Report due August 1st; and

Ř      6th Annual Staff Merit Award: Nominations must be submitted to Cheryl Pratte before May 25th.

D.                             Next Meeting:

·         June 13, 2007, 9:00 to 11:00 am at Pine Tree Camp in Rome, Maine.  Harvey Chesley will send directions to Cheryl, who will forward to Commission members.

Motion to Adjourn

Judy made a motion to adjourn the meeting, and Vaughn seconded.  The meeting adjourned at 10:25 a.m.

 

Respectfully submitted,

 

           

Tera R. Pare, Drinking Water Program