MINUTES OF THE DRINKING WATER BOARD MEETING HELD ON JANUARY
14, 2009 IN
Board Members Present Guests
Anne Erickson, Chairman Scott Paxman, Weber Basin WCD
Myron Bateman, Vice Chairman Randy Williams, Salt Lake City/Cty Health
Kenneth Bassett Brooks
Cope,
Daniel Fleming Steve Sheffey, Dugway Proving Ground
Jay Franson Jerry Mason, Dugway Proving Ground
Helen Graber, Ph.D. Keith
Hanson, Town of
Paul Hansen Thayne
Clark, Town of
William Sinclair
David Stevens, Ph.D. Eric Sorensen, Metropolitan Water District
Ronald Thompson Rod
Mills, Central Iron
Steven Jones, Hansen, Allen & Luce
Staff Kelly Crane, Nolte Engineering
Kelvin
Thacker,
Kenneth Bousfield Chris
Webb,
Ken Wilde Shannon Rasmussen, Rural Water Association
Ying-Ying Macauley
Rich Peterson Dale Pierson, Rural Water Association
Julie Cobleigh Scott
Archibald,
Michael Grange Jeremy
Jensen,
Jesse Johnson Doug
Nielsen,
Bob Hart Carlos Jessen,
Mayor,
Don Lore Ryan
Brindley,
Patti Fauver Kendra
Norman,
Kate Johnson Richard Nimori, Mayor, Corinne City
Bill Birkes Greg
Seegmiller,
Michael Georgeson Janice
Linda Matulich Russ Vernon, Tridell LaPoint Water
ITEM 1 – CALL TO ORDER
The
Drinking Water Board meeting convened in
ITEM 2 – ROLL CALL
Chairman Erickson asked Ken Bousfield to call roll of the Board members. The roll call showed there were 11 members present at the time.
ITEM 3 – INTRODUCTIONS
Chairman
Erickson welcomed everyone and asked the guests to introduce themselves.
ITEM 4 – APPROVAL OF MINUTES – November 12, 2008
Chairman Erickson stated a motion was in order to approve the November 12, 2008 Drinking Water Board minutes.
Danny Fleming moved to approve the November
12, 2008 Drinking Water Board minutes.
CARRIED
(Unanimous)
ITEM 5 – ARSENIC EXEMPTION PUBLIC HEARING
Chairman Erickson opened the Arsenic Exemption Public Hearing.
Patti Fauver read an Arsenic Exemption Standard Opening Statement for the Public Hearing.
Discussion followed.
1. Beaver Dam Water Company
Patti Fauver addressed Beaver Dam Water Company’s Arsenic Exemption.
Ron Thompson moved the Drinking Water Board approve Beaver Dam Water
Company’s 2 year Arsenic Exemption.
Ken Bassett seconded.
CARRIED
(Unanimous)
2. Dugway - Ditto
Patti Fauver addressed Dugway – Ditto’s Arsenic Exemption.
Myron Bateman moved the Drinking Water Board approve Dugway – Ditto’s 2
year Arsenic Exemption.
Paul Hansen seconded.
CARRIED
(Unanimous)
3. Elberta Water Company
Don Lore addressed Elberta Water Company’s Arsenic Exemption.
Paul Hansen moved the Drinking Water Board
approve Elberta Water Company’s 2 year Arsenic Exemption.
Danny Fleming seconded.
CARRIED
(Unanimous)
4.
Patti Fauver addressed Kingston Towns Arsenic Exemption.
Mayor Carlos Jessen,
David Stevens seconded.
CARRIED
(Unanimous)
5. Sherwood Water Company
Don Lore addressed Sherwood Water Company’s Arsenic Exemption.
Myron Bateman moved the Drinking Water Board approve Sherwood Water
Company’s 2 year Arsenic Exemption.
Ken Bassett seconded.
CARRIED
(Unanimous)
6. Webb Well
Don Lore addressed Webb Well’s Arsenic Exemption.
Ron Thompson moved the Drinking Water Board approve Webb Well’s 2 year
Arsenic Exemption.
CARRIED
(Unanimous)
Patti Fauver asked the Drinking Water Board if they want to include a stipulation in the motion requiring the communities to report semi-annually to the Drinking Water Board.
Ron Thompson moved the Board authorize Beaver Town, Dugway – Ditto,
Elberta Water Company, Kingston Town,
Sherwood Water Company, and Webb Well to report semi-annually to the Drinking
Water Board on the progress they are making on the Arsenic Exemption.
CARRIED
(Unanimous)
ITEM 6 - SRF/CONSERVATION COMMITTEE REPORT
1) Status Report
Ken Wilde reported EPA published a list of the Drinking Water SRF Awards for Sustainable Public Health Protection last year. EPA picked Central Iron County Water Conservancy District to receive the award. EPA will visit the Central Iron County Water Conservancy District and present the award to them.
Ken Wilde mentioned the State loan fund has a balance of $757,000. Staff received $3,500,000 in repayments the first part of January.
Ken Wilde reported the Bear River
Water Conservancy District, Escalante and
Ken Wilde reported the Federal loan fund has a minus $875,000. Staff should be receiving about $4,000,000 today that would become effective the first part of this year. Staff will then have $3,000,000 available in the Federal loan fund.
Ken Wilde mentioned that the cost estimate for the Erda Acres projects is a little over $2,000,000. Erda Acres opened the bids. The bids came in at $500,000 below the estimate. Some questions were raised on their bid opening procedures. Erda Acres should be able to close soon.
Ken Wilde said that
2) Project Priority List
Julie Cobleigh reported four new
projects have been added to the Project Priority List: Pine Valley Mountain Farms Water Company,
Julie Cobleigh stated the SRF/Conservation Committee is recommending the Drinking Water Board approve the updated Project Priority List.
Ron Thompson moved the Drinking Water Board approve the updated Project
Priority List.
Jay Franson seconded.
CARRIED
(Unanimous)
2) SRF
Applications
a) Discussion on Interest & the Hardship Grant Assessment – Ken Wilde
Ken Wilde said that per the Board’s request to look at the language used in the loan authorizations and authorization letters, he spoke with EPA. We cannot call the Hardship Grant Assessment “Interest” or else it has to be treated as interest and put into the Principle Loan Fund when borrowers make their loan payments.
Therefore, Ken proposed the following language that could be used: “A loan with a 1.8% Hardship Grant Assessment per annum for 30 years to be paid into the Hardship Grant Fund”. The Board can use the proposed statement and tailor it for each project individually.
Discussion followed.
b)
Ron Thompson received a call from
Michael Grange reported at the March 4, 2005 Drinking Water Board meeting, the Board authorized a construction loan for $6,000,000 at 1.77% interest for 20 years. Staff is requesting the Drinking Water Board replace the assessed interest with a Hardship Grant assessment of equal rate. The loan will now have a 1.77% Hardship Grant Assessment per annum paid into the Hardship Grant fund. This will not change the amount St. George will pay back to the Board.
The SRF Conservation Committee
heard
Ron Thompson moved the Drinking Water Board authorize a 1.77% Hardship
Grant Assessment per annum for 20 years, to be paid into the Hardship Grant
Assessment Fund and reduce the interest rate to 0.0%.
Danny Fleming seconded.
CARRIED
(Unanimous)
c)
Danny Fleming
left the meeting, due to a conflict of interest with
Rich Peterson reported
Chris Webb and Kelvin Thacker,
Chris Webb,
Discussion followed.
Dave Stevens moved the Drinking Water Board authorize a $33,000 planning
grant to
CARRIED
(Unanimous)
Danny
Fleming joined the Drinking Water Board meeting.
d) AMENDED AGENDA ITEM - Tridell LaPoint – Planning – Gary Kobzeff
Gary Kobzeff reported the SRF/Conservation Committee is recommending a $10,000 planning loan to the Tridell LaPoint Water Improvement District. Tridell LaPoint has provided some additional information. Tridell LaPoint is requesting adding them to the SRF/Conservation Committee’s evaluation process.
Tridell LaPoint Water Improvement District is planning on constructing a storage reservoir and a water treatment plant. Tridell LaPoint is receiving help from the Division of Water Resources and the Community Impact Board,
Jerry Goodrich and Russ Vernon, Tridell LaPoint Water Improvement District representatives, addressed the Drinking Water Board.
Discussion followed.
Jay Franson moved the Drinking Water Board authorize a $10,000 planning
loan to Tridell LaPoint Water Improvement District at 0.0% interest for 5
years, repaying $2,000 annually. The
planning loan repayments will begin one year from the date the loan is signed
with the option that the Tridell LaPoint Water Improvement District may roll
the balance of any loan principle into a future construction loan at the
interest rate established when said construction project is authorized.
Ken Bassett seconded.
CARRIED
(Unanimous)
e) Veyo Culinary Water Association – Planning – Gary Kobzeff
Gary Kobzeff reported the Veyo Culinary Water Association originally requested a planning advance in the amount of $35,650 to update their Culinary Water System master plan. The total estimated cost is $50,650. Veyo didn’t qualify for a $15,000 grant they applied for from USDA Rural Development. Therefore, Veyo is requesting an additional $15,000 be added to their planning loan. Their annual payment on the loan would be $7,130.
Kelly Crane, Nolte Associates, Veyo Culinary Water Association representative, was available for any questions from the Drinking Water Board.
Discussion followed.
Jay Franson moved the Drinking Water Board authorize a $50,650 planning
loan to the Veyo Culinary Water Association at 0.0% for 5 years, repaying
approximately $7,130 annually, beginning one year from the date the loan
agreement is signed, with the option that the applicant may roll the balance of
any loan principle into a future construction loan at the interest rate
established when said construction project is authorized. Conditions include resolving appropriate
issues on their compliance report.
Ron Thompson seconded.
CARRIED
(Unanimous)
f) Pine Valley Mountain Farms Water Company – Emergency – Michael Grange
Michael Grange reported Pine
Valley Mountain Farms Water Company is a privately owned public water system,
and supplies 57 residential connections.
Michael Grange reported the SRF/Conservation
Committee is requesting the Board authorize a $315,000 construction loan with a
2.0% per annum assessment paid to the Hardship Fund for 20 years with $95,000
in principle forgiveness to the Pine Valley Mountain Farms Water Company. Conditions attached to this packet item will
include resolving the appropriate issues on their compliance report and completing
any source protection requirements for their new well.
Doug Nielsen, Sunrise Engineering, and Brooks Cope, Pine Valley Mountain Farms Water Company representative, were available to answer any questions from the Drinking Water Board.
Discussion followed.
Ron Thompson moved the Drinking Water Board authorize a $315,000
construction loan with a 2.0% per annum assessment paid to the Hardship Grant
Fund for 20 years with $95,000 principle forgiveness (equivalent to a $230,000
loan) to Pine Valley Mountain Farms Water Company. Conditions include resolving appropriate
issues on their compliance report and complete any source protection
requirements.
Discussion on motion.
Paul Hansen seconded.
Ron Thompson amended the motion to include a $10,000, but not to exceed
$10,000, if Pine Valley Mountain Farms Water Company has to haul any drinking
water before the new well is completed.
Myron Bateman seconded the amended motion.
Discussion on amended motion.
CARRIED
(Unanimous)
g)
Rich Peterson reported
Doug
Nielsen, Sunrise Engineering, Mayor Carlos Jessen and Ryan Brindley,
Mayor Jessen addressed the Drinking Water Board.
Danny Fleming moved the Drinking Water
Board authorize a 50% grant of $56,000 and a $57,000 construction loan at 0.0%
interest for 20 years to
Discussion on motion.
David Stevens seconded.
CARRIED
(Unanimous)
h)
Julie Cobleigh reported
Scott Archibald, Sunrise
Engineering and Mike Grunig,
Jay Franson moved the Drinking Water Board authorize a $1,000,000
construction loan to
CARRIED
(Unanimous)
i)
Jesse Jackson reported
Jesse Johnson mentioned the SRF
Conservation Committee is recommending the Drinking Water Board authorize a
$3,632,750 construction loan with $790,570, 21.7%, principle forgiveness to
Mayor Richard Nimori, Kendra Norman
and Greg Seegmiller,
Mayor Nimori addressed the Board.
Discussion followed.
Ron Thompson seconded.
CARRIED
(Unanimous)
j)
Ken Wilde mentioned Donald Brown,
Mayor of Hinckley Town, met with Sunrise Engineering on how they can cover the
$85,000.
4) Consideration on Name Change – Ken Wilde
Ken Wilde reported the SRF/Conservation Committee is requesting a name change. The two most popular names are Financial Committee or Financial Assistance Committee.
Ken Wilde mentioned the SRF/Conservation Committee is recommending that the Drinking Water Board authorize a name change to the Financial Assistance Committee.
Discussion followed.
Ken Bassett moved the Drinking Water Board authorize the SRF/Conservation
Committee’s new name to be called the Financial Assistance Committee.
Anne Erickson seconded.
CARRIED
(Unanimous)
ITEM 7 – APPROVED DRINKING WATER BOARD MEETING SCHEDULE
Chairman Erickson asked the Drinking Water Board to review the 2009 Drinking Water Board meeting schedule. She then asked for a motion on the proposed schedule.
Discussion followed.
Myron Bateman moved the Drinking Water Board approve the 2009 Drinking
Water Board Schedule as presented.
Helen Graber seconded.
CARRIED
(Unanimous)
ITEM 8 – RULES R309-700 AND 705: SET RULE EFFECTIVE DATE – Ken Wilde
Ken Wilde reported staff held several meetings and discussions, on Rules R3209-700 and 705. The Rules were approved. Staff posted the rules with the Division of Administrative Rules on October 13, 2008. No comments were submitted during the comment period. Staff is requesting the Board authorize staff to set an effective date to proceed with final rulemaking for Rules R309-700 and R309-0705.
Paul Hansen moved the Drinking Water Board
authorize staff to set an effective date to proceed with final rulemaking for
Rules R309-700 and R309-705.
Ron Thompson seconded.
CARRIED
(Unanimous)
ITEM 9 – PROPOSED RULE AMENDMENTS TO: R309-800 – Michael Grange
Michael Grange reported staff has reviewed the Capacity Development Program Rule - R309-352. Michael updated the Board on the changes that have been made to Rule R309-800 and Rule R309-352.
Discussion followed.
Paul Hansen moved the Drinking Water Board authorize staff to proceed
with the rulemaking process for Rule R309-800.
Discussion on motion.
Ron Thompson seconded.
Jay Franson amended the motion
of: The Drinking Water Board authorize
“staff to approve the rulemaking process” for the rule. The motion should read: The Drinking Water Board authorizes staff to
“initiate” the rulemaking process for the rule.
Paul Hansen accepted the amended motion.
Ron Thompson seconded the amended motion.
CARRIED
(Unanimous)
Chairman Erickson directed staff to place this Rule on the work meeting agenda to be discussed at either the March 5, 2009 or the May 13, 2009 Drinking Water Board meeting.
ITEM 10 – PROPOSED SUBSTANTIVE RULE AMENDMENTS – Bill
Birkes and Bob Hart
a) R309-500-6(3)(b) – Waiting on Plan Submittal Requirement
Bill Birkes mentioned he will be retiring from the State on March 16, 2009. Bob Hart will be the engineering representative on rule changes when Bill retires.
Bill Birkes reported on the substantive changes staff has made in Rule 309-500-6(3)(b) . Bill mentioned staff is requesting the Drinking Water Board authorize staff to start the rulemaking process and file the proposed rule amendments for publication in the Utah Bulletin on February 1, 2009.
Discussion followed.
Ron Thompson moved the Drinking Water Board table Rule R309-500-6(3)(b)
to give staff more time to work in the suggested changes. Staff will bring Rule R309-500-6(3)(b) back
to the March 5, 2009 or May 13, 2009 Drinking Water Board meeting for review
and approval.
CARRIED
(Unanimous)
b) R309-510-5
– Reduction of Sizing Requirement
Bill Birkes reported Rule R309-510-5 is on the Reduction of Sizing Requirement and establishes a reduction in the minimum sizing requirements. Since the Rule is very vague on what the confidence level means, staff has had a lot of discussions to clearly define what the confidence level should be. Bill updated the Drinking Water Board what staff has been accomplishing this Rule.
Discussion followed.
Ron Thompson moved the Drinking Water Board
authorize staff to start the rulemaking process and file the proposed rule
amendments for publication in the
CARRIED
(Unanimous)
Chairman
Erickson excused Helen Graber from the Drinking Water Board meeting. She has a class to teach at the
c) R309-520-11
– Ozone Reference
Bill Birkes reported R309-520-11 is on the Ozone Reference. Bill reviewed the changes that staff has made to this Rule. Staff will bring Rule R309-520 back to the Board for final approval.
Discussion followed.
Ron Thompson moved the Drinking Water Board authorize staff to start
the rulemaking process and file the proposed rule amendments for publication in
the
Ken Bassett seconded.
CARRIED
(Unanimous)
d) R309-525-11(b)(c)(v)
– Day Tank Drain Requirements
Bill Birkes reported Rule R309-515 is on Conventional Surface Water Treatment. Bill reviewed the changes that staff has made to the Rule.
Discussion followed.
David Stevens seconded.
CARRIED
(Unanimous)
e) R309-530-6(5)(c)
– Filtration Rate Range
Bill Birkes reported Rule
R309-530 is on
Discussion followed.
Ken Bassett moved the Drinking Water Board authorize staff to start the
rulemaking process and file the proposed rule amendments for publication in the
Ron Thompson seconded.
CARRIED
(Unanimous)
f) R309-545-15(1)
and (2) – Storage Tank Vent Design
Bill Birkes reported Rule R309-545 is on Storage Tank Vent Designs. Bill updated the Board on the changes staff has made to this Rule.
Discussion followed.
Danny Fleming moved the Drinking Water Board authorize staff to start
the rulemaking process and file the proposed rule amendments for publication in
the
David Stevens seconded.
CARRIED
(Seconded)
ITEM 11 – INFORMATIONAL DISCUSSION ON SOURCE AND THE
INSTANTANEOUS
DEMAND FOR IRRIGATION IN DRINKING WATER REGULATIONS R309-
510-7(3)
AND HOW IT DIFFERS FROM WATER RIGHTS – Bill Birkes
Bill Birkes mentioned Paul Hansen asked about the difference between our numbers in the minimum irrigation requirement versus the Division of Water Rights numbers dealing with diversion or depletion at the November 12, 2008 Board meeting.
The Division of Drinking Waters numbers were generated around 1975, as a result of a “Technical Report No. 8” study completed by the State Engineers Office with the Utah State University Water Research Laboratory. Copies of the report are available on the State Engineers website.
Bill gave a detailed report on the Source and Instantaneous Demand for Irrigation in Drinking Water Regulations R309-510-7(3) and how it differs from Water Rights.
Bill asked the Board if they would like staff to work on Rule R309-545-5(10) to match it closely with the 1994 Report.
Discussion followed.
Bill Sinclair left the Board meeting.
ITEM 12 – STATUS OF ALTA’S ANTIMONY TREATMENT PLANT – Ken
Bousfield
Ken
Bousfield invited Keith Hanson and Kate Black to report on the status of Alta’s
Antimony Treatment Plant.
Keith Hanson, Kate Black and Thayne
Clark, Town of
Kate Black, Town Clerk and Keith
Hanson, representing the Town of
Keith invited the Drinking Water Board to attend their open house in September to dedicate their new Antimony Treatment Plant.
Kate mentioned the Town of
Bill Sinclair returned.
Discussion followed.
Jay
Franson commented the Rural Water Association of Utah’s annual conference would
be an excellent place to advertise about the Town of
Shannon Rasmussen said Rural Water will work something up to hold during their general session on The Town of Alta’s new antimony treatment plant.
ITEM 13 – RURAL WATER ASSOCIATION’S 2009 ANNUAL CONFERENCE
Ken
Bousfield reported on the Rural Water Association of Utah’s 2009 Annual
Conference to be held from March 3 to 6, 2009 in
ITEM 14 –
Ken
Bousfield reported on the Utah Water Users’ 2009 Annual Conference will be held
from March 9 to 11, 2009 in
ITEM 15 – RURAL WALER ASSOCIATION OF
Dale Pierson addressed the Board.
Dale Pierson introduced Shannon
Rasmussen and reported that she is the Conference coordinator. If any of the Board members have any
questions about the conference, talk to
The Drinking Water Board meeting will be held on Thursday, March 5, 2009.
The Drinking Water Board,
Discussion followed.
ITEM 16 – LETTERS
The letters are in the packet.
ITEM 17 – CHAIRMAN’S REPORT
Chairman Erickson welcomed Bill Sinclair, as the new Acting Director for the Department of Environmental Quality, and member on the Drinking Water Board.
Bill Sinclair addressed the Board. Bill thanked the Drinking Water Board for the outstanding work they do for the State.
Chairman Erickson thanked the Board members for having 100% attendance at the November 12, 2008 and the January 14, 2009 Board meetings. This was a great way to end 2008 and a good way to start 2009.
Chairman Erickson mentioned it would be nice if all of the Board members can attend the March 5, 2009 Board meeting and the Rural Water Association of Utah’s 2009 Annual Conference in St. George in March.
ITEM 18 – DIRECTORS REPORT
Ken Bousfield mentioned there are 6 Board members whose terms will expire in May 2009. Linda will e-mail the instructions to the Board members, in the morning, on how to fill out the resumes and forward it to the Governors website for consideration for reappointment.
a) Division Staff On-The-Spot Awards
Ken Bousfield mentioned the Division of Drinking Water started doing On-the-Spot Awards for staff last year at the Divisions annual Awards and Christmas Luncheon. Ken directed the Board’s attention to a staff listing of the On-Spot Awards.
Ken passed out the list of the 25 Drinking Worst Drinking Water Systems are, as well.
b) Status Report on the Congressional Economic Recovery Appropriation
Ken Wilde reported staff is working on the Congressional Economic Recovery Package. The majority party thinks they can have it on the new President’s desk by February 13, 2009 before they go on recess.
Ken mentioned what staff has been doing and working on with ASDWA, the National Governors Association, Rural Development, EPA, and the Rural Water Association of Utah on the Economic Recovery Package.
Ken said as soon as Congress passes the Economic Recovery Package, staff would like to call an Emergency Drinking Water Board Teleconference Meeting. Staff will report on all of the meetings, reports and activities they were involved in while working on the Recovery Package.
Discussion followed.
ITEM 19 – NEXT BOARD MEETING
Chairman Erickson reported the next Board meeting will be held on March 5, 2008.
ITEM 20 - OTHER
Chairman Erickson commended Ken Bousfield for the Annual On-the-Spot Awards for staff.
ITEM 21 - ADJOURN
Chairman Erickson asked for a motion to adjourn the Drinking Water Board meeting was in order.
A motion was made to adjourn the Board
meeting at 3:25 pm.
The motion was seconded.
CARRIED
(Unanimous)
Linda Matulich
Recording Secretary