Minutes of the December 18, 2014 Meeting Small Water Systems Technical Assistance Center (TAC) Advisory Board

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Minutes of the December 18, 2014 Meeting Small Water Systems Technical Assistance Center (TAC) Advisory Board A regular meeting of the TAC Board was called to order by Tom Fridirici, Department liaison to the Board at approximately 9:00 AM in room 105 of the Rachel Carson State Office Building, Harrisburg, PA. Chairperson Serena A. DiMagno was in attendance and assumed responsibility for the meeting immediately after the opening remarks. The purpose of the meeting was to discuss proposed rulemaking related to the Revised Total Coliform Rule (RTCR) specific to the sample siting plans and to seasonal systems. This was the third meeting of the Board in 2014. The following Board members were present: Lee Koch, Pennsylvania Municipal Authorities Association Daniel E. Standish, American Water Works Association Serena DiMagno, Water Works Operators Association of Pennsylvania Mike Sienkiewicz, Pennsylvania Manufactured Housing Association Elam Herr, Pennsylvania State Association of Township Supervisors Julie Kollar, The League of Women Voters of Pennsylvania Mary Roland, State Board for Certification of Sewage Treatment Plant and Waterworks Operators Christine Maloni Hoover, Pennsylvania office of Consumer Advocate The following Alternate members were present: Lisa Daniels, Pennsylvania Department of Environmental Protection Jennifer Case, Pennsylvania Municipal Authorities Association Mike McFadden, American Water Works Association Chip Bilger, Water Works Operators Association of Pennsylvania James Wheeler, Pennsylvania State Association of Township Supervisors Lisa Schaefer, County Commissioners Association of Pennsylvania James Steele, Pennsylvania Home Builders Association Sean Donnally, Pennsylvania Public Utilities Commission Alexis Kricher, Pennsylvania Department of Community and Economic Affairs Robert H. Boos, Pennsylvania Infrastructure Investment Authority Curt Steffy, State Board for Certification of Sewage Treatment Plant and Waterworks Operators Sukhwindar Singh, RCAP Solutions, Inc. 1

The following organizations were not represented: Pennsylvania Rural Water Association Pennsylvania Association of Realtors Pennsylvania Association of Conservation Districts, Inc. Center for Rural Pennsylvania Rural Utilities Service/Rural Development The following DEP staff were present: Tom Fridirici, Bureau of Safe Drinking Water Dawn Hissner, Bureau of Safe Drinking Water Jeff Allgyer, Bureau of Safe Drinking Water Sabrina Haydt, Bureau of Safe Drinking Water Joanne Nardone, Bureau of Safe Drinking Water Kevin Anderson, Bureau of Safe Drinking Water Joy Groch, Bureau of Safe Drinking Water Wendy Lloyd, Bureau of Safe Drinking Water Bill McNamara, Bureau of Safe Drinking Water Darrin Shimer, Bureau of Safe Drinking Water Laura Henry, DEP Policy Office Non-Members present at the meeting: Sharon Fillmann, Chester Water Authority Douglas Crawshaw, The York Water Company Colleen Arnold, Aqua America Mary Neutz, United Water Christina Kistler, M.J. Reider Associates Frank Medora, Aqua Pennsylvania John Prodzik, PA American Water Company Charles Hertz, Aqua America Matt Walborn, Western Berks Water Authority Nicola Horscroft, Philadelphia Water Department Dennis O Conner, Philadelphia Water Department Nicole Porr, Pennsylvania Department of Community and Economic Affairs 2

General Advisory Board business: Four items of general business were introduced prior to new business: A sign-up sheet was circulated for members to identify their preferred sub-committee participation. Meeting dates for 2015 were finalized: March 19, June 30, September 17 and December 17. The Committee membership list was finalized, see attached. A motion to accept the membership list was made by Mike Sienkiewicz; second by Lee Koch, none opposed. Minutes from the September 23, 2014 TAC board meeting were circulated, motion to ratify by Dan Standish, 2nd by Mary Roland, motion carried by unanimous voice vote. Minutes will be posted on the public access web site. Review of Committee Bylaws: Laura Henry from the DEP Office of Policy provided a brief overview of advisory committees and associated bylaws with an emphasis on the need for transparency in government via the Sunshine Law. Discussion followed specific to the membership of the TAC Board and the need to have representation from members who more directly represent small, non-community water systems. Lisa Daniels also mentioned the applicability of including members from Pa Department of Health and Pa Department of Agriculture who regulate small water systems as well. Presentation on Sample Siting Plans: Bill McNamara, of DEP s Bureau of Safe Drinking Water presented a PowerPoint outline titled RTCR Sample Siting Plan: Pre-Draft Forms. The introduction focused on the Federal rule basis for DEP s proposal. DEP is suggesting three separate forms, depending on the number of required samples with a specific form for PWS that that have one routine sample location. The Board had a number of comments: Please define regular (in relation to regular time intervals as specified in the federal rule) Jeff Allgyer clarified that we are using the dictionary definition of regular in this sense, i.e. if you collect 4 samples a month, one sample a week is what we would expect. TAC members were concerned about being required to sample on a specific date like they were in the Stage 2 sample siting plan. DEP explained that this rule is not going to be set up in the same manner as Stage 2. What happens if a PWS checks the no box next to the question asking if a water system reviewed their distribution map when developing the sample siting plan? DEP Response: That would prompt our staff to question the PWS as to why they didn t consult their map and explain why they should. How do you take into account towns that have population fluctuations for events (ex. Homecoming for a college town)? 3

DEP Response: As a result of this rule we will be paying closer attention to how population is determined and make sure that it is being determined consistently throughout the state (DEP regions). What is the timeframe for these plans to be reviewed once they are submitted by the water systems? DEP Response: Our plan is to review them during the sanitary survey, either every 3 (for CWS) or 5 (for NCWS) years. And if revisions are required, what is the timeframe for needing to make the revisions? DEP Response: We have no desire or plan to revise a systems siting plan even though that is how it is written into the federal rule. If we required revisions they would need to be completed by the PWS. Also can they be submitted electronically? Having the ability to submit electronically would be wonderful. DEP Response: We are asking for input in the preamble on this topic. However, we are unsure if we can legally accept the sample plan electronically. EPA s Cross-Media Electronic Reporting Regulation (CROMERR) may be an issue if EPA considers these plans data. Comments were solicited from the audience prior to moving to a discussion on seasonal systems. Paul Zielinski (PA American): Wanted clarification that plans need to be submitted by March 31, 2016 and PWSs need to begin following it by April 1, 2016 but will not receive feedback from DEP at that time. DEP confirmed that this is the case. Chuck Hurst (Aqua PA): Praise to the department for the work that they are doing on developing these plans and allowing for flexibility. Open discussion on Seasonal Systems and Start-up Procedures: Jeff Allgyer (PA DEP) led a discussion relating to seasonal water systems. Water systems that operate during specific periods throughout the year and dewater their systems during periods of non-operation are more vulnerable to contamination. The Board had a number of good comments and helpful suggestions: The EPA fact sheet for seasonal systems is helpful, follow what is written there for what to require in our procedures. Conduct a chlorine burn in the system. Follow AWWA standards for when a system is dewatered. Make the systems submit samples. Recommend consulting a certified operator or have the sample plan or start up procedure reviewed by a certified operator. 4

Conduct outreach to KOA (Campground), PA Historical and Museum Commission (PHMC), DCNR, PennDOT, Scouts (Boy & Girl), Township Parks (PSATS), State Borough Association Could provide training through county associations (ex. Berks County Water & Sewer Assoc.) Organizations on the board would be willing to conduct some of the seasonal system trainings. District meetings for AWWA & WWOAP could be a time to discuss (cost $40). Need to contact seasonal systems soon so that they are not trying to complete these forms and attend training during their busiest time (i.e. their season). Figure out what legislators may already be sending out mailings use their newsletters to get the word out to their constituents. Final comments prior to adjournment: Once EQB approves the proposed package the Department will post it to the PA Bulletin and that is when the public comment period begins. DEP is proposing a 60 day comments period which will include a couple of public meetings. A motion to adjourn was made by Dan Standish, seconded by Jim Steele. The meeting adjourned at 11:35. 5

12/18/14 Technical Assistance Center for Small Water Systems Committee Membership List primary (alternate) Education, Training and Outreach Committee: (Bill McNamara) Dan Standish [Vice Chairperson] (Mike McFadden), (Chip Bilger), Mike Sienkiewicz (Mary Gaiski), Julie Kollar, Penny McCoy (Joel Jordan). Legislation/Regulation Committee: (Dawn Hissner) Mary Roland [Vice Chairperson] (Curt Steffy), (Chip Bilger), Mike Sienkiewicz (Mary Gaiski), Stanley Brown (Sean Donnelly), Dave Phillips, Lee Koch, (Jennifer Case), Elam Herr (Jim Wheeler), Felicia Dell (Lisa Schaefer), Ronald Rohall (Robert Maiden). Capability Enhancement Committee: (Kevin Anderson) Tom Essig [Vice Chairperson] (Sukh Singh), (Chip Bilger), Mike Sienkiewicz (Mary Gaiski), Sean Sanderson (Alexis Kricher), Barry Denk (Christine Caldara Piatos), John Mitchell (Jim Steele), Stanley Brown (Sean Donnelly), Brion Johnson (Robert Boos). Ad Hoc Committee: (Tom Fridirici) Dan Standish [Vice Chairperson] (Mike McFadden), Susan Gantz (Raquel Greene), Christine Maloni Hoover (Erin Gannon), Mike Sienkiewicz (Mary Gaiski). From the Bylaws ARTICLE XI. COMMITTEES: All committees, except the nominating committee, shall be established by a majority vote of those members attending a regular or special meeting of the Board. Every Board member shall serve on a minimum of one (1) committee. Each committee shall receive a charge from the Board at the time of its creation. Committee meetings shall be called by the committee chairperson with notification to the full Board. Committee members may use outside experts for advice as necessary. The chairperson of each committee shall be responsible for issuing reports to the full Board on committee progress and findings. Each committee shall exist until such time as the responsibilities and duties contained in the charge are accomplished. A listing of the committees and their respective charges shall be maintained by the secretary as Appendix I of these bylaws. 6