MINUTES OF THE DRINKING WATER BOARD MEETING HELD ON NOVEMBER
17, 2006 IN
Board Members Present Guests
Anne Erickson, Ed.D., Chair Marisa Egbert, Division of Water Resources
Myron Bateman, Vice Chair Steven Sheffey, Dugway Proving Ground
Ken Bassett Marie
Daniel Fleming Marty Morgan,
Jay Franson, P.E. Dennis Hiskey, Teasadale SSD
Paul Hansen, P.E. Maridee Hiskey, Teasdale SSD
Laurie McNeill, Ph.D. Joe
Phillips,
Dianne Nielson, Ph.D. Jason Bradford, Franson Noble Engineers
Ron Thompson Paul Johnson, Mt.
John
Johnson,
Board Members Excused Kent
Johnson,
Helen Graber, Ph.D. Doug
Nielsen,
Scott
Archibald,
Staff John
Chartier,
Bryan
Goodsey,
Kevin Brown Kathy Morgan, Court Reporter
Ken Wilde Roger Foisy, P.E., District Engineer
Ken Bousfield
Tim Pine
Bob Hart Carol
Lamb, Town of
Rich Peterson Scott
Wilson,
Karin Tatum Annette
Rindlisbacher,
Bill Birkes Rachael Alta, Environment Division
Mark Jensen Erick Lassen, Glen Canyon SSD
Mike Grange Melissa Hubbell, Attorney Generals Office
John Oakeson Fred Nelson, Attorney Generals Office
Kate Johnson Tom
Linda Matulich
ITEM 1 – CALL TO ORDER
The
Drinking Water Board convened in
ITEM 2 – ROLL CALL
Chairman Erickson asked Kevin Brown to call roll of the Board members. The roll call showed there were 10 members present.
ITEM 3 – INTRODUCTIONS
Chairman Erickson welcomed everyone and asked the guests to introduce themselves.
ITEM 4 – APPROVAL OF MINUTES
Chairman Erickson stated a motion to approve the minutes of September 8, 2006 would be in order.
Daniel Fleming moved to approve the
September 8, 2006 Drinking Water Board minutes.
Myron Bateman seconded.
CARRIED
(Unanimous)
ITEM 5 –
Chairman
Erickson opened up the Public Hearing on the
The
Jay Franson moved the Board: 1) uphold the first part of the Executive
Secretary’s June 13, 2006 letter, Notice of Violation, and Penalty Notice in
terms of the fine, and 2) the second part is that the Division staff and the Mountain
View Community Park LLC owners meet to clarify and document the number of residents,
the number of permanent connections, and whether or not Mountain View Community
Park LLC qualifies as a transient system.
Laurie McNeill seconded.
Discussion on motion.
Myron Bateman moved to amend the motion, to
reduce the penalty by 50%, and the remaining 50% would be held in abeyance for
24 months. Mountain View Community Park,
LLC will have to prove every six months they are in compliance. The remaining 50% will be assessed to
Discussion on the amended motion.
Myron Bateman moved to amend his amended motion to include the Mountain
View Community Park, LLC be assessed half the current penalty, and within the
next 24 months if they have come into compliance as a community or
non-community water system.
Paul Hansen, Myron Bateman, Petra Rust, Ken Bassett, and Anne Erickson
voted in favor of the amended motion.
Jay Franson, Ron Thompson, Dianne Nielson, Daniel Fleming, and Laurie
McNeill voted against the amended motion.
MOTION
FAILED
Jay Franson restated his motion:
Jay Franson moved the Board: 1)
uphold the Executive Secretary’s June 13, 2006 letter, Notice of Violation and
Penalty Notice in terms of the fine, and 2) that the Division Staff and the
Mountain View Community Park LLC owners meet to clarify and document the number
of residents, the number of permanent connections, and whether or not Mountain
View Community Park LLC qualifies as a transient system.
Laurie McNeill seconded.
Jay Franson, Paul Hansen, Ron Thompson, Anne Erickson, Dianne Nielson,
Daniel Fleming, and Laurie McNeill voted in favor of the motion.
Ken Bassett, Myron Bateman and
MOTION PASSED
ITEM 6 – SRF CONSERVATION COMMITTEE REPORT
a) Status Report – Ken Wilde
Petra Rust stepped out.
Ken Wilde mentioned the Board should have $11,000,000 in the State SRF Loan Fund program for the next 12 months. The State Hardship Grant Fund has $815,430, and the loan fund has $3,748,636.
Ken Wilde mentioned the Board will have an estimated total of $16,827,777 in the Federal SRF Loan Fund program for the next 12 months. The Board has $4,937,559 available as of September 30, 2006. The Board also has $10,888,888 in authorized federal loans that haven’t closed yet.
2) State SRF Applications – Rich Peterson
a)
Petra Rust joined the Board meeting.
Rich Peterson reported there are
two planning loans and a correction on the loan for the Town of
Ron Thompson proposed putting the 6 loans and grants together as one motion.
Ron Thompson moved the Board authorize the staff recommendations of the
6 loan and grant requests as one motion.
Ken Bassett seconded.
Myron Bateman read the staff
recommendations of each the 6 loan and grant requests. Circleville’s request is for a planning loan
of $20,000 at 0% for 5 years. Teasdale
Special Service District’s request is for a planning loan of $16,000 at 0% for 5
years. The Town of
Discussion on motion.
Ron Thompson amended his motion to authorize the staff recommendations for
the two planning loans as one motion, 1) the Town of Circleville’s request of
$20,000 at 0% for 5 years, and 2) the Teasdale Special Service District’s
request of $16,000 at 0% for 5 years.
Ken Bassett seconded.
CARRIED
(Unanimous)
b) Teasdale Special Service District
Teasdale Special Service District’s
request for a planning loan of $20,000 at 0% for 5 years was combined with the
Town of
Discussion followed on whether or not to put the loans and grants together as one motion starting at the next Board meeting.
c)
Rich Peterson reported on the
change for the Town of
Scott Archibald, Sunrise Engineering, addressed the Board.
Ron Thompson moved the Board authorize the Town of
Jay Franson seconded.
CARRIED
(Unanimous)
d) Glen Canyon SSD
Rich Peterson reported on Glen Canyon Special Service District’s request for a loan of $484,000 at 0% for 20 years and a grant of $327,000 to update their distribution system, with the condition they resolve the appropriate issues of their compliance report.
Erick Lassen, Superintendent for the Glen Canyon Special Service District, addressed the Board.
Discussion followed.
Paul Hansen moved the Board authorize a loan of $484,000 at 0% for 20
years and a grant of $327,000 for updating their distribution system, with the
condition they resolve the appropriate issues on their compliance report.
Daniel Fleming seconded.
CARRIED
(Unanimous)
e)
Rich Peterson reported the Town of
Discussion followed.
Ron Thompson moved the Board authorize a loan of $1,569,000 at 2.22%
for 30 years and a grant of $600,000 for a new water line and storage tank,
with the condition they resolve the appropriate issues on their compliance
report.
Laurie McNeill seconded.
CARRIED
(Unanimous)
3) Federal SRF Applications – Julie Cobleigh
a)
Julie Cobleigh reported Central Iron County WCD is requesting a $3,500,000 construction loan at 2.17% for 20 years with the option of the balance of their $75,000 planning advance at 2.46% into the construction loan at the new interest rate. Central Iron County WCD is requesting $3,500,000 from Rural Development as well. Phase II is a 3 phase project which will incorporate regionalization. Phase II’s project consists of a new well, refurbishing an existing well, a transmission pipeline, a water distribution system, and a 2,000,000 gallon water storage tank.
Discussion followed.
Ron Thompson moved Board authorize a $3,500,000 construction loan to
Central Iron County Water Conservancy District at 2.17% for 20 years, with the
option to roll the balance of their $75,000 planning advance at 2.46% into the
construction loan at the new interest rate.
Jay Franson seconded.
CARRIED
(Unanimous)
ITEM 7 – APPROVAL OF EXECUTIVE SECRETARY, ASSISTANT
EXECUTIVE SECRETARY
AND ACTING DIRECTOR
Dianne Nielson reported that Kevin Brown’s last day with the Division of Drinking Water will be on December 1, 2006.
Dianne reviewed the process that she will take place to hire a replacement as the Director of the Division of Drinking Water and the Executive Secretary to the Drinking Water Board. Dianne invited the Board to participate in the interviews. Dianne asked the Board for in put from the interviews.
Dianne Nielson mentioned while looking for a replacement for Kevin, she requested the Board concur and authorize Ken Bousfield as the Acting Director to the Division of Drinking Water and an Executive Secretary to the Drinking Water Board effective December 1, 2006, until a replacement has been selected.
Daniel Fleming moved the Board authorize
Ken Bousfield as Acting Director to the Division of Drinking Water and
Executive Secretary to the Drinking Water Board.
Myron Bateman seconded.
CARRIED
(Unanimous)
ITEM 8 – MUTUAL AID AGREEMENT (WARN-U)
Due to the length of the Board meeting, this agenda item will be on the agenda at the next Drinking Water Board meeting.
ITEM 9 – MINIMUM PRESSURE RULE – SET EFFECTIVE DATE
Bill Birkes reported Division staff filed a rule amendment on R309-105-9 with the Division of Administrative Rules. The amendment will be in the October 1, 2006 publication of the Utah State Bulletin. The public comment period ends on October 31, 2006 at 5:00 p.m.
Bill reviewed the wording additions to R309-105-9 (1) and the date change in R309-105-9 (2).
Discussion followed.
Ron Thompson moved the Board authorize the staff recommendation for the
Board to select January 1, 2007 as the effective date for the amendment to
proceed with the necessary filing and to adopt the rule.
CARRIED
(Unanimous)
ITEM 10 – PROPOSED RULE POLITICAL SUBDIVISION RULE
Ken Wilde reported Division staff reviewed the rule and discussed some of the proposed amendments to the rule on management and control of drinking water system service housing subdivisions with Fred Nelson, Attorney General.
Fred Nelson addressed questions and concerns about the Political Subdivision Rule.
Discussion followed.
Jay Franson moved the Board authorize the
staff recommendation for the Board to review the proposed changes, and if they
agree to authorize staff to file a Notice of Proposed Rule or Change with the
Division of Administrative Rules for publication in the December 15, 2006
Edition of the Utah Bulletin.
CARRIED
(Unanimous)
ITEM 11 – CHAIRMAN’S REPORT
Chairman Erickson presented Kevin
Brown with a plaque. Chairman Erickson
thanked him for his invaluable service to the State of
ITEM 12 – DIRECTORS REPORT
a) Staff Update:
1. Michael Grange
Kevin Brown mentioned there are two new employee’s with the Division of Drinking Water. Kevin introduced Michael Grange and Julie Cobleigh.
Michael Grange, an engineer, started last month in the Engineering Section of the Division.
Julie Cobleigh has been a temporary employee in the Engineering Section of the Division for approximately 6 months. Julie accepted one of the Engineering positions in the Engineering Section of the Division. Her first day is today, November 17, 2006.
Kevin mentioned there is one engineering position left.
2. Other
Kevin Brown reported that Mike Johanson, a scientist in the Compliance Section will be leaving the end of November. He is in charge of the Disinfection By-Products Rule and Long Term Enhanced Surface Water Treatment Rule. Ken Bousfield is starting the recruitment process to fill the scientist position.
b) Board Members Website
Kevin Brown mentioned Linda was looking for some information on the Division of Water Resources website. The Division of Water Resources has a section devoted to their Board. The steps are easy and quick to link into their meetings, minutes, agenda’s, bio’s on the Board members, and any other information related to the Board.
Kevin asked the Board if they would like to use the same type of format as the Division of Water Resources to obtain information on the Drinking Water Board.
Discussion followed.
The Board liked the idea and concurred with Kevin to use the same type of format.
Rich Peterson will work on reformatting the web page for the Drinking Water Board.
c) Approval of the 2007 Board Meeting Schedule
Kevin Brown proposed the Board use the 2007 Drinking Water Board meeting schedule that is in the packet.
Ken Bassett moved the Board authorize the
2007 Drinking Water Board meeting schedule as shown in the Board packet.
Daniel Fleming seconded.
CARRIED
(Unanimous)
d) Schedule December Board (Conference Call) Meeting to Authorize Administrative
Filing for Public Comment on EPA Rules: LT1, LT2 and Stage 2.
Kevin Brown mentioned staff is requesting the Board hold a teleconference in December to authorize the administrative filing for public comment on EPA Rules: LT1, LT2 and Stage 2, to be held on December 1, December 8 or December 15, 2006.
Discussion followed.
Ron Thompson moved the Board hold a Teleconference Board meeting on
December 8, 2006 at 9:00 a.m. to authorize staff to do an administrative filing
of the EPA Rules: LT1, LT2 and Stage 2.
Jay Franson seconded.
CARRIED
(Unanimous)
e) Rural Water Association of Utah’s Annual Conference – February 27, 2007 to March 2, 2007
Kevin Brown mentioned the Rural Water Association of Utah’s annual conference will be held from February 27, 2007 to March 2, 2007.
Kevin mentioned Linda will make the motel arrangements and register the Board for the conference. Linda will get the information to the Board upon completion of the arrangements.
f) Twenty-five (25) Worst Drinking Water Systems
Kevin Brown reported on the list in the packet.
g) New/Upcoming EPA Rules Update
1. Groundwater
Kevin Brown reported EPA is sending
out the final Groundwater Rule that was effective on October 11, 2006. Ken Bousfield and staff are evaluating the
rule on what the impacts to the water systems in
2. Distribution System
Kevin Brown reported EPA is working on the Distribution System Rule. This rule is a rehash of the Total Coliform Rule, which will also take in some other issues relative to distribution systems, and to make some modifications of that rule. There are several national workgroups to help construct this rule. Patti Fauver will be on one of the national workgroups to work on this rule.
ITEM 13 – UPDATE
The update is in the packet.
ITEM 14 – LETTERS
The letters are in the packet.
ITEM 15 – NEWS ARTICLES
The news articles are in the packet.
ITEM 16 – NEXT BOARD MEETING
The next Board meeting is scheduled for January 12, 2007. The Board meeting will start at 1:00 p.m.
ITEM 17 – OTHER
No other business.
ITEM 18 - ADJOURN
Chairman Erickson stated a motion to adjourn the Board meeting would be in order.
Jay Franson moved to adjourn the Board
meeting at 5:00 p.m.
Ron Thompson seconded.
CARRIED
(Unanimous)
Linda Matulich
Recording Secretary