MAINE PUBLIC DRINKING WATER COMMISSION

 

MINUTES OF MEETING #100

February 6, 2008

 

The Maine Public Drinking Water Commission (DWC) held its 100^th meeting on February 6, 2008, at the Drinking Water Program Conference Room, Key Bank Plaza in Augusta, Maine.

 

Present were:

·        Members: Judith Kelley – Chair, Bob MacKinnon, Tom Brennan, Ken Sonagere, and Roger Crouse

 

·        Guests: Tera Pare, Cheryl Pratt, Bill Johnson (DWP)

 

Time: Judy Kelley called the meeting to order at 9:19 a.m.

 

A.                             Approval of Minutes:

 

Bob made a motion to accept the minutes of the prior meeting (#99).  Tom seconded the motion, which carried unanimously at 9:57 a.m.. 

 

B.                             Recurring Business:

 

1.        AFM Fees/Collection Status:

 

o       Roger provided an update, regarding increasing revenue, due to fee structure changes.  New AFM invoices for 2007 are sent in early July, and reminders are mailed in November.  Commission members discussed how to encourage public water systems to pay their fees. 

o       Judy suggested that the DWP continue its previous collection method of directly calling those systems and arranging payments. 

o       Bob said that a standard protocol setting an earlier reminder would be helpful, because seasonal facilities need that second reminder before they close for the summer.  Consistent protocols, like the following, would help in payments.  Bob suggested that after 45 days (around August 15^th), the DWP send a second reminder.  In October, the DWP could start making phone calls and making site visits. 

o       Ken asked if there was software capability to cross-check overdue fees with other violations committed by the PWS.  (Yes, there is). 

o       Bob asked if field inspectors check for overdue fees before making a visit.  (Sometimes, if they notify Cheryl before their visit).  Perhaps DWP can prioritize systems, according to overdue status (i.e. top 20) and coordinate better with field inspectors, while continuing to improve a database tracking system.

 

 

 

 

 

 

 

2.        Program /Staffing Update:

 

o       Roger presented graphs to the Commission, showing a slight decrease in PWSS Grant award to the DWP.  $92 million were divided among the state primacy agencies.  The number of Community Public Water Systems determines the amount of money granted to that state.  Maine received $900,000 in the last award.  Roger described all grants administered by the DWP, as well as SRF Cumulative Revenue.  EPA gives $8 million, and states can offer $2.4 million in principal forgiveness.  $13 million may be spent on staff and training.

o       Nancy was formally hired as the Director of the Division of Environmental Health, and Roger is Acting Director of the Drinking Water Program.

o       In November, the entire DWP met to discuss opportunities for improvement.  Subgroups representing all teams within the DWP were formed, so staff could feel invested in the solutions developed.  These subgroups are currently meeting to discuss the following areas needing improvement: (1) More Clearly Defined Roles and Responsibilities; (2) Clearer Goals and Measurements; (3) Update, track, and Purge Written Documents, both electronic and hard copies; (4) More Reliable & Accurate Database; and (5) Accelerated and More Efficient Enforcement Process.

o       Bob suggested that the Field Inspectors, during Sanitary Surveys, could solicit input from public water systems being inspected as to why different violations are a problem.

o       Roger reported that the DWP is working with all labs in Maine to submit water quality results electronically only.  January 2009 is the projected implementation date.

o       Range Pond Apartments is now connected to Auburn Water District.

 

3.            Legislation:

 

v          Bills: Roger distributed a summary of relevant bills passed last session from Andy. 

o   LD 2073 DEP bill prohibiting above-ground petroleum storage in wellhead protection zones.  This bill particularly affects gas stations and is another way to protect sources within 1,000 feet of water or within a protection area.

o   LD 2169 is a stormwater bill that includes state match for Clean Water and Safe Drinking Water SRF.  Senator Bartlett will amend the bill for the appropriate amount.

 

C.     New Business

 

1.      Supplemental Budget, Section yy-1: This document requires particular state agencies to find financial and operational efficiencies to save the State money. 

o     DWP will meet with DEP soon to discuss ways to save $250,000 for all three programs mentioned within Section yy-1. 

o     Roger reported that we will all be working to find better collaboration among other programs in the Division. 

o     Judy mentioned a bill to protect public water systems helping in emergencies from issues of liability.

 

2.      WARN System Planning: 

o       Bill Johnson, Security Coordinator for the DWP, provided an update on planning for the WARN (Water Assistance Response Network). 

o       A Steering Committee was formed at the end of November with voting members, made up of municipalities and utilities, along with associate members from regulatory agencies.  Norm Labbe is the chair and Andrea Powers is the Co-Chair. 

o     EPA Region 1 has been assisting states like Maine in setting up the steering committees across the country.   

o     The first step for the steering committee is to identify a Mutual Aid Agreement Model.  AWWA and the California WARN are assisting with this task.

o     An important step is to identify Maine’s liability statute and Freedom of Access (FOA) statute.  Paul Gauvreau, AAG for the DWP, has reviewed the model agreement, along with Maine Municipal Association’s review.

o     One sticking point: Protecting liability of non-public public water systems assisting public-owned public water systems.

o     The steering committees are advising the water systems’ attorneys to review mutual aid agreements, as well.

o     There is currently a bill proposing $20,000 from the Security Grant to help with start-up costs with WARN

 

2.        DWC Objectives for the Year:  Page 20 of the DWC’s Annual Report outlines the DWC’s objectives.  Judy invited the DWC and DWP staff to provide ways in which the DWC can assist the DWP.  Roger suggested that the DWC could make a presentation to the Health and Human Services Legislative Committee regarding the DWP’s need for match money.  Jeff McNelly and Judy will meet with Dora Mills on October 25^th to determine the political climate and see if now would be a good time to introduce a bill.  Dick suggested that the Annual Report should go to more than the House Leaders and reach all legislative members.

 

3.        Proposed Rulemaking and Statute Changes: Tera Pare provided an update on the proposed rule changes. Tera gave a rulemaking update.  (Note: the Rules Relating to Drinking Water became effective on March 12, 2008).

      

4.     Set Location, Date and Agenda Items for Next Meeting(s): The next                    meeting will be in Yarmouth at the Yarmouth Town Hall on May 7,                  2008.  Agenda items include approving the AFM fee structure for June                         billing, the Draft Annual Report due August 1^st, and the Staff Merit           Award.

 

D. Motion to Adjourn:  The meeting adjourned at 11:45 am.

 

Respectfully submitted,

 

 

 

Tera R. Pare, J.D.

Maine Drinking Water Program