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MINUTES OF MEETING #103
December 03, 2008
The Maine Public Drinking Water Commission (DWC) held its 103rd
meeting on December 3, 2008, at the Maine Drinking Water Program in
Present were:
Time: Judy Kelley called the meeting to order at 9:17 a.m.
A. Approval
of Minutes:
o
Prior to
approval of the minutes, the Commission congratulated Harvey Chesley for Pine
Tree Camp receiving the Spirit Award.
Judy Kelley distributed the news article to members and guests
attending. Roger also asked about the necessity of parking passes, given that
most meetings lasted under 2 hours (the timeframe for free parking in the
vicinity). Members agreed that passes were not necessary. Judy also circulated a letter of appreciation
to Jim Cohen, Esq., for his rebuttal of the WCSH editorial and his support of
the environmental bond package. All
present members signed the letter.
o
George made
a motion to accept the minutes of the prior meeting (Meeting #102). Tom seconded the motion, which carried
unanimously.
1. AFM Fees/Collection Status:
o Cheryl
distributed reports of collection amounts received as of December 2, 2008, as
well as a list of public water systems with overdue amounts.
o Roger
provided an update to the Commission of what remains overdue, minus $7,461.50
from Biddeford Saco ($21,361.83 – This is approximately 5 percent of the total
fees). Roger shared the DWP’s strategy of targeting the top 25 public water
systems in arrears and noted that DWP Enforcement staff included the overdue AFM
fees in their latest actions.
o Judy
noted that Ron Miller may argue that the Commission’s intent to remove the
statutory $30,000 cap from Portland Water District could be because of the
Drinking Water Program’s inability to collect all outstanding fees.
o Roger
agreed to gather specific figures on what is currently due for this past year,
and which are cumulative amounts due, in order to better communicate financial
amounts in the face of such an argument. Roger also conveyed to the Commission
that DWP field inspectors remind owners and managers of overdue AFM fees during
sanitary surveys, and DWP enforcement staff include overdue AFM fees as state
violations within administrative and civil actions. (Since the meeting Roger determined that
approximately $6,500 is owed from previous years.)
o $3,000
was not collected by the DWP, due to public water systems closing; however, the
DWP does keep outstanding amounts on
the books, in case the system is reactivated by a new owner.
2. a. Security/Operator
Licensure:
o Roger
reported no news for security or operator licensure;
b. Compliance:
o Roger
distributed EPA, Region 1’s report on compliance numbers for New England states
and discussed
o Bob
stated that he noticed a change in the DWP policy for rechecks, which placed
the responsibility on operators for the public water systems (rather than the
DWP field inspectors collecting the samples. Roger confirmed the shift, and Bob
expressed that it was a positive change, affirming the operators’ role, which
is responsible for the quantity and quality of water served.
o Bob
remarked that an ongoing issue has been that a public water system owner or
manager often fails to notify the operator of issues or violations.
o Jeff
McNelly commented that the DWP’s decision to direct operators and owners to
collect rechecks is a step in the right direction.
o Roger
reported that the Groundwater Rule was finalized, effective December 2009. It should have a limited effect on public
water systems in
3.
Legislation/
Bond Updates:
o As
reported at the last meeting, the DWP (DHHS) submitted a budget request to the
Governor’s Office for the removal of the $30,000 statutory cap for AFM Fees.
o Roger
felt that it would still be valuable for the DWC to continue its plans to
submit a bill requesting removal. George
stated that Senator Courtney is willing to sponsor such a bill. Roger mentioned that it might be helpful for
DWC members to contact other legislators to notify them that Senator Courtney
is sponsoring this bill.
o Jeff
McNelly reminded the Commission that the deadline for submitting a bill is
mid-January.
o Judy
stated that the removal of the cap would result in an increase of 50 cents per
customer at Portland Water District, the only large public water system in
o The
2008 Bond Vote passed by 50.2% (3,700 votes), so the DWP successfully secured
the state match for the 2009 Cap Grant.
o The
DWP submitted a request for $3.4 million to secure match money for both 2010
and 2011 seasons.
o The
State Budget Curtailment of $80 million has not affected the Division of
Environmental Health, so far, except for the hiring freeze. No positions will be filled, except for life
and safety. At the Drinking Water
Program, one clerk position remains vacant.
4. Staffing:
o The
DWP hired Sara Lippert, who comes from DEP. She replaced Bill Johnson as the
Security and Capacity Development Coordinator and will be working on the
Capacity Development Strategy. Roger
explained that this strategy will be in line with how the DWP should spend the
Capacity Development money.
o Judy
asked how Roger will ask for stakeholder input regarding the Capacity
Development Strategy. Roger answered
that Andy Tolman and Sara Lippert will meet with industry groups (RCAP, MRWA,
MWUA, etc.) and other entities to craft the strategy.
o Bob
added that the DWP Field Inspectors would know what’s needed. He also stated that the MWUA breakfast would
be a good forum for the stakeholders.
o Roger
noted that Sterling Kendall will work as a facilitator to assist in the
process.
5. Reappointments:
o Harvey
will be submitting paperwork to the Governor’s Office for reappointment.
o Four
seats expire August 31, 2009. It was
reported that Judy Kelley and Dick Berry would not be seeking reappointment.
1. AFM Formula Change Study Group
o George, Tom and Rebecca agreed to serve on a study group to examine possible fee formula changes. George recommended that Roger be part of the study group, due to the DWP staff resources directly involved.
o Judy appointed George as the Chair and directed them to meet independently.
2. Congressional Economic Stimulus Package
o
A federal bill to stimulate the economy and
improve drinking water and waste water infrastructure is being proposed. HR 7100, if passed, could give
o
A big factor in prioritizing the projects would
include whether the project is “ready to proceed” (i.e. enter into a loan
agreement within 120 days).
o
No state match is required. Andy Begin will send a letter to municipal
public water systems that are SRF-eligible.
o
Judy stated that PUC would need to be included
in the approval process.
.
3. Chair / Vice – Chair
Nominating Committee Report
o George and Bob’s recommendations were for Judy to continue as Chair until her departure in August 2009 and Tom Brennan to serve as Vice-Chair. Both members accepted these nominations.
o Bob moved that nominations be accepted. Alan seconded and the DWC’s vote was unanimously in support of the motion.
4. Location and Date for 2009 Meeting(s):
o February
4, 2009 at the DWP, Key Bank Plaza in
o May
6, 2009 tentatively at Aqua Maine in
o September
2, 2009 tentatively at Alan’s Campground in
o December
2, 2009 at the DWP, Key Bank Plaza in
D. Motion to Adjourn: Dick moved to adjourn, and Alan seconded. The meeting adjourned at 10:47am.
Respectfully submitted,
Tera R. Pare, J.D.