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TO:
MEMBERS OF THE
MAINE WATER WELL COMMISSION
FROM:
Edward
Bowie, Chairman
date: June 6, 2006
subject: Meeting Tuesday, June 6, 2006
The next Commission
meeting will be held on Tuesday, July 11, 2006 at
9:00 A.M. at the Maine Motor Transport,
AGENDA
1. Approve the June 6, 2006 minutes
2. Eric Frohmberg, Toxicologist
3. Discuss pending matters, complaints,
Responses,
application, etc.
4. New Business
5. Public Comments
Minutes of June 6, 2006 Meeting
|
Members Present: Glenn Dyer, Driller Edward Bowie, Chairman Chris Olson, DOT Donald Robbins, Public Mem. David Braley, DWP Ira Goodwin, Driller |
Others
Present: Carol Champagne,
Board Clerk Dean Getchell,
Inspector Mark Weeks,
Driller Frank Hegarty, Pump
Installer Ken Beach,
Homeowner Rodney Pratt,
Driller Pat Pratt, Driller Paul Gauvreau,
AG’s Office |
Call to Order:
Meeting
was called to order at 9:10 AM.
Approval of May
2, 2006 meeting minutes:
Ike
Goodwin made a motion to accept the minutes of the May 2, 2006 meeting with a
correction, Glenn Dyer 2nd the motion. The
required correction was to change the reference to Specialty Well Approval in
the Scott vs L & L Well Drilling complaint summary to the need for a
Setback Reduction Notification Form as no Specialty Well Application was required
for this well. Accepted by the Commission.
Update on
Complaints:
Rachel Charette vs Kevin Levesque Well
Drilling:
This
complaint resulted in findings by the Commission, required corrective action,
an appeal by the driller, and finally a settlement between the driller and well
owner. The case cannot be closed
because the Commission is unsure if the amount refunded by the driller is the
correct amount and because the old well does not appear to have properly
abandoned as required in the Commission’s order for corrective action.
Reimbursement Issue - Paul
Gauvreau will contact the attorneys for both Mr. Levesque and Ms. Charette and request
an itemized list of the costs incurred by both to help determine the
appropriate amount for a refund for this project. Mr. Levesque is not responsible for
costs incurred by Ms. Charette for work performed by others or for materials
that could be reused in the new well.
Issue of abandonment
– Paul Gauvreau will speak with Mr. Levesque’s attorney to make him
aware that Mr. Levesque was ordered to abandon the well. Mr. Levesque risks license suspension if
all ordered corrective action is not completed. The suspension will include his well
drillers license and company license.
Written verification that
all corrective action items have been completed is required by the Commission.
Louise Scott vs L & L Well Drilling:
At its May meeting the Commission made several findings regarding this
well complaint and the additional complaint that L & L Well Drilling used
unlicensed individuals to drill this well and that a licensed individual was
not present at all times as required by regulation. The Commission also ordered that seals
be installed in the well to bring it up to the standards for construction found
in the rules, and ordered Mr. Libby to enter into a written consent agreement
with Mr. Gauvreau from the Attorney General’s office which must include a
cease and desist agreement concerning the use of unlicensed employees, a list
of all employees that work on or near a drill rig or install pumps, that L
& L Well Drilling properly license all of it’s employees, and the
payment of a fine of $500.00, all prior to the June meeting. Doing so would result in the suspension
of the license suspension and the reduction of the original fine of $1,000 to
the $500.00 amount referenced above.
Mr. Libby notified the Commission that he had completed the well specific
corrective action ordered by the Commission by installing seals in Ms.
Scott’s well. Mr. Libby has also
attempted to register his employees and they have applied to sit for the
journeyman well driller exam. As of
the date of this meeting, no written consent agreement has been negotiated
between the parties.
Paul Gauvreau spoke with Mr. Libby prior to the June meeting and informed
him that absent the required written consent order the Commission could move
forward with the fine of $1000 and 15 day license suspension contained in the
original order. Mr. Gauvreau strongly
suggested that Mr. Libby appear before the Commission at the June meeting if he
doesn’t desire to proceed with the consent agreement as required. Mr. Libby was not present at the meeting
and had expressed his disagreement with the Commission findings regarding
unlicensed drillers and the lack of direct supervision during drilling
operations.
David Braley offered a motion to extend the deadline to June 23, 2006 to give
Mr. Libby the opportunity to contact Paul Gauvreau to complete the agreement or
to file a written appeal so that his opinions could be heard by an independent
third party. The extension was
approved. A letter will be sent
informing Mr. Libby of the extended deadline and his options at this time.
Barry Noyes vs
Corrective action was ordered by the Commission because the well was drilled
without required Specialty Well Approval and didn’t have the required
length of casing installed for a well this distance from a leach field. The Commission received a note from Mr.
Noyes indicating that Clearwater Well Drilling had informed him that this work
would be charged to him. All
corrective action ordered by the Commission to correct violations of the well
Drillers and Pump Installers Rules is the responsibility of the driller. The Commission will remind Mr. Perry in
writing that he has 60 days to complete the corrective action.
Kathleen MacKenzie vs Adam Baker Well
Drilling:
On Hold until June 30, 2006 (60 days given to
complete corrective action expires that day).
Tom Rouse vs Merl
“Sam” Dunham Well Drilling:
Case re-opened until abandonment is
completed and written verification of same is received. Mr. Dunham has until June 23, 2006
(end of 60 days) to complete.
Kenneth Wood vs Forest Pump & Filter Co.
Inc:
Both the Specialty Well Application and the Setback Reduction
Notification form have been received and they indicate that the seals required
have been installed at 6’ (top seal) and 125’ (bottom seal).
Kenneth Beach vs Merl”Sam” Well
Drilling Inc:
Chris Olson made a motion to send Dean Getchell to inspect the well
and take a (B) water test. David
Braley 2nd the motion. Passed
Dan Staples vs Knowlton Well Drilling:
Findings: The
Commission received a letter from the attorney representing Knowlton Well
Drilling, Steven A. Little, dated May 10, 2006. In the letter Mr. Little asserted that
because the well was never completed, it should not be considered a
“well” under the Commission regulations, that the on-site gray
water disposal field had not been installed and that the driller was simply
following the directions of the property owner when locating the spot to drill
over. The Commission has also received
a written statement from Kenneth Stratton, the State Site Evaluator, which
states that his inspection revealed that the system had in fact been installed,
and was installed over an old well, with no record of its proper
abandonment. The new well was drilled
37 feet from this leach field and 56 feet from a neighbor’s leach field. No Specialty Well Application was
requested or approved for this well.
The Commission, with advice from its legal council Paul Gauvreau, AAG,
determined that the well was drilled for purposes that make it a regulated well
under the Commission’s regulations.
Absent a written contract entered into prior to drilling by both the
driller and client that states an explicit intended use other than drinking
water, the Commission shall consider any well drilled by a licensed well
driller to be a regulated drinking water well for the purpose of applying its
regulations and standards.
David Braley made a motion that a violation of Rule 400.3 (Setback
Reduction Notification Form must be submitted when setbacks cannot be meet) and
400.7 (Application for a Specialty Well Approval if setback distances cannot be
meet) had occurred as the well was drilled 37 feet from an on-site disposal
field and 56 feet from a neighbor’s disposal field, both of which require
Specialty Well Approval prior to drilling. Ike Goodwin 2nd the
motion. Passed
Corrective action: Knowlton
Well Drilling shall either properly abandon this well or submit a Specialty
Well Application for this site within 60 days of written notification from the
Commission. A letter will be
sent to Mr. Little containing this notification.
Peter Haraden vs Burns Well Drilling:
David Braley will send a letter asking who drilled the well and
for complete information on the well.
In addition, the Commission requested a water test and a sample of the
sediment in the water from the home owner.
New Complaints:
Mike Letourneau vs Baker Well Drilling:
Problems: Coloform
Ed
Bowie made a motion to send Dean Getchell to inspect the well. David Braley 2nd the
motion. Passed
David Braley will also send a letter to Baker Well Drilling asking
for the license numbers and names of the individuals who worked on this well.
Philip Mason vs Goodwin Well & Water:
Problem is sediment in the water.
David
Braley made a motion to send Dean Getchell to inspect the well. Ed Bowie 2nd the motion. Passed
Kate Bosse:
Ms. Bossy requested a Fair Hearing regarding the Commission’s
decision not to accept her complaint because the 24 month time limited from the
date drilled had expired. Ms. Bossy
contended that because the pump had not been installed at the time of well
completion the time limit for filing a complaint should not have started until
that date. The hearings officer
determined that only licensed well drillers or pump installers can request a
Fair Hearing, the general public must file a complaint in Superior Court if it
disagrees with a Commission action.
Complaints
Closed:
Daniel Ouellet vs R J Johnson Well Drilling
(A & W Well Drilling): Closed
Specialty
Wells:
Applications approved in the office:
Anna Chiccarelli, West Gardiner, Bowie Bros,75’ from tank and 52’ from leach field. Approved with 100 feet of casing.
Wil Bartley,
Sally Silverman,
Rebecca Ruff, Belgrade, Bob Philbrick Well Drilling, 50’ from tank and 95+’ from leach field. Approved with 60 feet of casing.
William & Juliann Mans, China, Rolfe’s Well Drilling, 40’ from tank and 40’ from leach field. Approved with 120 feet of casing.
David Chessie, Lincoln,
Merl “Sam” Dunham Well Drilling, 30’ from tank and
80’ from leach field.
Approved with 90 feet of casing.
Steven K Parady, Mt Desert, John Gilbert Well Drilling, 55’ from tank and 50’ from leach field. Approved with 100 feet of casing.
Mark Sewall/Little Bros LLC, Bath, Adam Baker Well Drilling, 45’ from tank and 50’ from leach field. Approved with 100 feet of casing.
Sheila Davis, Harborside, PL Jones & Son Well Drilling, 100’ from tank and 41’ from discontinued leach field. Approved with 120 feet of casing.
Lynn Hughes, Standish, Stanley Hillock Well Drilling, 43’ from tank and 43’ from leach field. Approved with 120 feet of casing.
Application Approved at the June Meetings:
Mike Lemieux – Weeks & Son Well Drilling New septic system installed after the Specialty Well Application requested and approved. Mr. Weeks was not aware of the new system and stopped drilling as soon as he found out about its location and asked the Commission for advice.
The well was drilled with
20’ of casing. David Braley made a motion to have Mr. Weeks install 120
feet of liner with bottom seal set at 120’and with the top seal inside
casing. Glenn Dyer 2nd
the motion. Passed
George Merrill – Merl “Sam” Dunham Well Drilling 30’ from tank and 75’ from leach field. Approved with 90 feet of casing with top and bottom seals.
Examinations
Requested
Zack Austin, L & L Well Drilling is requesting to sit for the Journeyman Well Driller exam. A motion was made and seconded. Approved by the Commission.
Wayne Keene, L & L Well Drilling is requesting to sit for the
Journeyman Well Driller exam. A
motion was made and seconded.
Approved by the Commission.
Frank Hagerty, Hagerty Plumbing & Heating Inc is requesting to sit for the Journeyman Well
Driller exam. A motion was made and
seconded. Approved by the
Commission.
Examinations
Passed:
Ben Faulkner, High Pine Well Drilling, Buxton: Passed
the Journeyman Well Drilling exam and the Journeyman Pump Installer exams.
Ryan Ball, Hatch Well Drilling Nobleboro: Passed
Journeyman Well Driller and Journeyman Pump Installer exams.
Shawn Marston, Hodgdon Well Drilling,
Wesley Stinson, Merl “Sam” Dunham Well Drilling,
Ray Blackstone, Martin Adam Baker Well Drilling, Woolwich, Passed the Journeyman Well Drillers Exam.
New
Business:
David
Braley agreed to draft a notice to be sent to all licensees and to write a
short article for the MGWA’s newsletter to explain the implementation of
the new point system for violations which takes effect on July 1st.
Rodney
Pratt suggested that the Commission and the MGWA get together to draft new
questions for the drillers and pump installers exams. A time and date will be established for
this meeting to be held at the Drinking Water program office in Augusta so the
old exams can be used as a guide (the exams can’t leave the building).
Meeting Dates for 2006
January 3, 2006 July 11, 2006
February 7, 2006 August 8, 2006
March 7, 2006 September 12, 2006
April 4, 2006 October 3, 2006
May 2, 2006 November 7, 2006
June 6, 2006 December 5, 2006
Subject to change.
The next Well Drillers Meeting will be:
Tuesday, July 11, 2006
at 9:00 am.
Meeting
Adjourned 1:00 pm