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 Bushey, the Governor’s Appointments
Secretary. Nancy is still waiting to hear back from Mr. Bushey 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. (right
after the meeting Nancy
did speak with Mr. Bushey. He said there was no hurry to get
reappointment letters in because he couldn’t act on them until the terms
expired. He also said that current
members could stay in their seats beyond the expiration dates and until they
are officially filled.)
B.
Recurring
Business:
1.
Security / Operator Licensure / Compliance: Nothing new
2.
Legislation: Bills and Bond Issues:
Bond
·
Nancy provided an update on DWSRF match for the Drinking
Water Program (DWP) by happily reporting that the DWP will receive two years
worth of bond money, totaling $3.4 million 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 voters approve of the funding, public water systems on the 2007
Priority Project List will be able to begin their projects this summer. 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 recommendations into this CWUP. The
intent of this CWUP is to gather real data and science first, to better inform
policy and rule making.
·
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. The
Board will be rooted in authority from DEP.
The DWP is strongly opposed to this bill, but does recognize and support
a full review of the Transport of Water Act.
·
In LD 1205 Portland
Water District proposed to raise penalties for swimming in the no-bodily contact
area near the District’s intakes 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. Another work session is scheduled for this
bill.
·
After several
years for this attempt at establishing surface water withdrawal rules, the
first work session was held on DEP’s In-stream flow
rules, in the form of LD 774. The bill
severs the connection with the Clean Water Act and considers them only as state
rules. This concession by DEP was hard
fought by utilities, agriculture and others.
·
The Groundwater
Stakeholders Workgroup Report was presented by Bob Marvinney
last month. Nancy reported that the presentation was
well-received. The Report recommends
that the Legislature ok should review the Transport of Water Act. Bob Marvinney
recommended that the Legislature may want to delay that review pending a
Superior Court decision concerning a bulk water transport permit issued to
Poland Spring in 2005.
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 that describe how to raise the
approximately $80,000 needed to continue to support 5 DWP staff over the next 3
years and maintain roughly a 3 month reserve in the AFM account. Roger used data for populations based on
March 2007 population figures. 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 scenarios, 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 beginning 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 $30,000
cap in our statute that affects PWD.
Through rulemaking this summer the DWP needs to remove the specific
bottled water AFM fees described in our rules.
Otherwise we will be faced with formal rulemaking every time an AFM fee
changes. This discussion will continue at the June 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 $900,000
slated for Maine,
and Chris will be sending a letter to the DWP shortly stating that the funds
are available. 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
