Appendix A

Water and Waste Advisory Board

Paid Advertisement and Meeting Minutes

M E M O R A N D U M

Please print the attached notice as a paid display ad as soon as possible and again the week of January 25, 1999. Reduction may be necessary. Please send one affidavit of publication and one copy of the printed notice along with your invoice to:

DEQ/Water Quality Division
122 West 25th Street
Herschler Building, 4W
Cheyenne, WY 82002

Attn: Patti Burns

If you have any questions, please contact me immediately at 777-7080.

Thank you.

WATER AND WASTE ADVISORY BOARD MEETS TO CONSIDER

NEW RULES AND PROGRAMS FOR PUBLIC WATER SUPPLY SYSTEMS AND GENERAL PERMITTING REQUIREMENTS

The Water and Waste Advisory Board of the Department of Environmental Quality will hold a regular meeting on February 8, 1999, beginning at 10:00 a.m. in the Herschler Building Room 1699, 122 West 25th Street, Cheyenne, Wyoming 82002. The board will accept public comments and make recommendations on proposals developed by the Water Quality Division, in the following order:

State's Source Water Protection Plan which provides guidance on development of source water assessment plans and how the state can assist water supply systems with source water protection.

Revisions to Chapter 3 rules creating authority for general permits for certain facilities and activities.

New Chapter 22 rules implementing capacity development requirements for water supply systems.

Copies of these documents shall be available on the department's web site at http://deq.state.wy.us (after January 1, 1999) or may be obtained by contacting Mary Fowles at 307-777-7781.

Persons who wish to comment on these documents and can attend the board meeting will be encouraged to submit written copies of their statement. Persons who cannot attend the board meeting may submit written comments on or before January 29, 1999 to Water and Waste Advisory Board, % Administrator, DEQ/Water Quality Division, 122 West 25^th Street, Herschler Bldg - 4W, Cheyenne, WY 82002.

In accordance with the Americans with Disabilities Act, special assistance or alternate formats will be made available upon request for individuals with disabilities.

Water and Waste Advisory Board Meeting Minutes
February 8, 1999
Herschler Building, Room 1699
10:00 a.m.

Ron Vore convened the meeting at 10 a.m. Ron was asked to chair the beginning of the meeting as senior board member. Ron welcomed the new board members and asked everyone to introduce themselves. Present were Ron Vore, representing agriculture from Beulah; Quentin Skinner representing the public at large from Laramie; Gene George representing industry from Casper; Lisa Jarvis representing the public at large from Laramie; and Harry LaBonde representing political subdivisions, also from Laramie.

The first order of business was to elect a chair and vice chairperson. Nominations were opened for chairman. Quentin S. nominated Ron V. with a second by Harry L. Gene G. made a motion to cease nominations. Lisa J. seconded the motion. A unanimous vote was cast for Ron V. as chair. Nominations for vice chairman was opened. Harry L. made a motion to nominate Quentin S. as vice chairman with a second from Gene G. Gene G. made a motion to cease nominations with a second from Lisa J. A unanimous vote was cast for Quentin S. as vice chairman.

The next order of business was the minutes of the past meeting. Quentin S. made a motion that the minutes be accepted. Gene G. seconded the motion. The vote was unanimous.

Source Water Protection Program

Kevin Frederick gave a presentation on the program. The Source Water Protection program is a voluntary plan. A committee was formed of many local, state and federal agencies to develop the plan. The assessment is a procedure to gather information which defines a well area for drinking water supplies and lists potential and existing contaminants.

When the plan is approved by the Advisory Board, WQD will send the plan to EPA. EPA will have nine months to review and approve the plan. In Wyoming, the plan is voluntary so there is no requirement that the towns and cities adopt the plan. It is hoped that communities will take this information to help protect their drinking water. With the state developing a Source Water Protection Plan, funding to do assessments is available under the State Revolving Fund (SRF) of $1.2 million. The state has four years to develop the source water assessments. The division asked the board to adopt the plan by resolution. Because the state does not have primacy under the Safe Drinking Water Act for the Drinking Water Program, this is not a mandatory requirement.

Public comment was opened. Herman Noe of the Cheyenne Board of Public Utilities and Floyd Field of Wyoming Association of Rural Water both supported the plan and asked the board to pass the resolution. A board member asked what perception communities have of the plan. Most small communities have no idea what the assessment is for so education will be a key issue.

There was a discussion on the $1.2 million available. DEQ proposes to contract the work out for the assessments because the money cannot be loaned out to the communities. At this time, DEQ does not know how much each assessment will cost. The $1.2 million is available now. If more money is needed in the future, the department may look for additional funds from other sources.

The department intends to launch an aggressive outreach campaign with newsletters, public notices, etc. There was a question on the coordination between DEQ and the Water Development Commission. DEQ is working with WDC on the prioritization and monies allocated. Another concern was regarding how the information in the assessment would be disseminated. The information would be of interest to the local landowners in the areas surrounding the towns. There was a suggestion that public notice of the completed assessment be added to the plan.

A resolution was prepared by the division. Gene G. made a motion to adopt the resolution. The second was made by Lisa J. The vote was unanimous.

Proposed Changes to Chapter 3

Kevin Frederick gave a briefing on the rule. The intent of the changes is to make permitting more efficient. There is a trend to capture activities of little environmental impact into a general permit. The permit by rule is for some activities of low risk to proceed without a permit approval mechanism.

Public comment was opened.

Mel Oberholtzer, Midwest Assistance Program of Laramie asked that the definitions include administrator and director.

Kevin then presented the Belle Fourche Pipeline Co. written comments and walked the board through them. See attached copy of the comments and the department's suggested changes.

A change requested by the board was to page 3- 7 line 26 to add "/or".

All plans, specifications and reports submitted under this chapter shall be sealed, signed and dated by a licensed professional engineer under W.S. Title 33, Chapter 29 and/or by a licensed professional geologist under W.S. Title 33, Chapter 41, as applicable.

The other request from the board was to tie the public interest to the denial of permit.

The board was comfortable with the approach of the proposed rule but would like to revisit the revisions that were discussed today. Gene G. made a motion to revise the chapter and allow public comment at the next meeting. The second was made by Quentin S. A unanimous vote was taken.

Next Board Meeting

Gary B. reported that a change was needed regarding the agenda for the board meeting set for April 8, 1999 in Casper. Solid and Hazardous Waste Division will not be able to bring their rules before the board as originally planned. Chapter 1 from WQD will also not be ready. There is legislation going through the legislature that will directly affect Chapter 1 and WQD must wait to see if it will pass and in what form. The agenda for the April meeting can be changed to educate the new board members on Chapter 1 and to revisit Chapter 3. This change was agreed to by the board. SHWD requested a meeting in June for their rules. The date of June 21 or 22 was targeted.

Chapter 22, Capacity Development

Gary B. explained that this new rule is a mandatory program for operators of public water supplies. The state must have this program to access the full share of the state revolving funds. EPA would withhold funds which would place a burden to the public water systems of the state. The rule needs to be promulgated by October 1 so funds are not lost.

Larry Robinson, WQD presented the following information. Amendments were made to the Safe Drinking Water Act to provide funding for a loan program to assist communities in capacity development. Capacity development means "capability to demonstrate" technical, managerial and financial means. A committee was established with representation from local, state and federal government entities. The state statute stipulates capacity development must be met before a construction permit can be issued in direct response to the federal requirement. Brian Mark, WQD discussed the comments from the committee. See the memo to the board of February 8, 1999.

Public comment on Chapter 22 was opened.

Floyd Field, Wyoming Rural Water; Dorothy Vollmer, Town of Lingle; Karen Guidice, Town of Chugwater all spoke to encourage approval of the proposed rules.

Paul Felz of EPA spoke to his comments in writing. See EPA comments. There was discussion regarding EPA's intent that public water systems be able to demonstrate capacity development today or for the future? EPA is concerned with both. It was not expected that all systems must have a five year capitol improvement plan but it is recommended.

Ben Bracken - Green River/Rock Springs Joint Power Board spoke in favor of the proposed chapter.

There was additional discussion regarding Section 5. Demonstrating Capacity Development. One board member asked the question of whether the rules require a capital improvement plan, or just a plan to assure the operation and maintenance of the authorized/existing systems. It was suggested that the rule be revised to require a plan to assure sufficient financial resources to cover system operation and maintenance costs including debt service.

The next question was in regards to Section 7 (c). What happened to the compliance schedule and where does this fit into the approval or disapproval. WQD agreed to add (iii) reference back to the compliance schedule and recommendations.

Harry L. made a motion to accept approval the proposed rules of chapter 22 dated Feb. 8, subject to the discussed changes in Section 5 (d) Providing a plan to assure sufficient financial resources to cover system operation and maintenance costs including debt service and adding (iii) to Section 7 Approval of the system assessment subject to a corrective action plan and implementation schedule. Quentin S. seconded the motion. The vote was unanimous.

The question was asked if there will be an opportunity to address concerns on the worksheet. Comments received in the next couple of weeks will be incorporated immediately.

The meeting was adjourned at 3:40 p.m.

These minutes were approved on _____________________________________, 1999.

__________________________

Chairperson

Chapters
1 | 2 | 3 | 4 | 5 | 6 | 7
Glossary | Acronyms
Appendices
A | B | C | D
Wyoming's Source Water Assessment Guidance Document Contents