To Governor

Letter to Governor Bob Taft 2004

To: Governor Bob Taft, 30th Floor, 77 South High Street, Columbus, Ohio 43215-6117

From: The Galownia Family, Seven Creeks Spring, 939 Seven Creeks Road,

Steubenville, Ohio 43952 Phone/FAX 740-283-1010, Web Site www.seven-creeks.com

September 10, 2004

Governor, we are humbly asking for your help to save our self-serve, bottled water, roadside spring.

For the past six years, people have been traveling 1/2 mile up a gravel road to our self-serve, roadside spring just to fill their jugs with our spring water. The spring has been licensed by the Department of Agriculture, Food Safety Division since 1998. This year, however, without any reason, we were the only spring water, bottling facility in Ohio to have its license with the Food Safety Division not renewed and instead transferred to the Ohio EPA.

While the water we provide meets all the EPA regulations, the EPA has ruled that our self-serve bottled water system, although complying with the Food Safety Requirements for bottled water and NAMA Construction standard for water vending machines, cannot meet the requirements for a public water system. In order to meet these requirements we must replace our already approved water treatment system with a less stringent sand filter and add chlorine to our water like systems used for treating drinking water from the river or, replace our spring with a well. This is in spite of the fact that the system we use has been working successfully for six years without any problems. This is backed by the fact the system is tested twice a month for bacteria using two types of tests, is tested annually for 40 organic and 30 inorganic chemicals, and uses micro filters for cyst reductions which are recommended by the United States Government Center for Disease Control.

We have contacted our local state senator and have sent letters to the Ohio EPA without any success. What we don't understand is that in 1997 the Ohio EPA, which helped us get started with the design, sent us to the Department of Agriculture, Food Safety Division, for our license to operate a self serve bottle water operation. The system was designed to the requirements of and inspected by the Ohio Department of Agriculture and now the EPA want us to close our spring.

In addition, the Ohio Department of Health, which did not require any license in 1998, has now decided that not only do we need a health department vending machine license, but we cannot even use our spring water, or any Ohio spring water for that matter. This is because the EPA does not approve any of the Ohio springs as a public water supply, even though they can be used for bottled water. Per the EPA, the only way we will be able to use the microfiltering system we now use for the self-serve spring is to install an automatic bottle water system, have our license from the Food Safety Division reinstated and provide water in bottles. If we were to attempt this route we would be using the exact same microfiltering system we now use for self-serve spring, only the automatic system would be an expensive option we do not intend to do at this time.

Inspectors to our self-serve bottle water system have been impressed, think it is unique, and can find nothing technically wrong with it. One inspector even bought a gallon of water before leaving. Yet for some reason, the tone of the letters we have received from the EPA says it will not recognize the system we now use regardless of the fact that it is acceptable for a water bottling facility and has been in use for six years. We understand that the technology used to disinfect the water uses ultraviolet lights that are not recognized by the EPA, but we would have thought that six years of bacteria tests we have performed each month would provide adequate verification. We also thought that the EPA would have been interested in using this same technology for other public water systems to insure bacteria free water, but apparently not.

In 1997 we worked with the EPA and Food Safety Division to develop a successful system, and now, in 2004, it does not seem like there is the same cooperation, and that is sad. We are not asking that the standards for our spring water be lowered; on the contrary, we think our standards exceed those for drinking water. We are only asking for help in finding a place in one of the regulating agencies where the system we have been using successfully for six years can continue to provide self-serve spring water to the public.

We hope our request to you does not offend anyone, if so, we apologize, for as a small family operation we know that without the cooperation and help of those powerful agencies involved, our self serve roadside spring will cease to exist. We understand you have many more important things that needs your attention and would rather not bother you, but we do not know who else to turn to, and would greatly appreciate anything you can do to help us.

The Galownia Family

CC without Attached References

Senator DiDonato Statehouse Room #303, Third Floor Columbus, Ohio 43215

Michael Moschell Ohio EPA 2195 Front Street Logan, Ohio 43138

Scott Golden, Ohio Department of Health, PO Box 118, Columbus, Ohio 43266-0118

Paul Panico, Ohio Department of Agriculture, 8995 E Main Street, Reynoldsburg, Ohio 43068

Jefferson County Health Department, 500 Market Street, Steubenville, Ohio, 43952

Michael G. Baker, Chief, Division of Drinking and Ground Waters, PO Box 1049,Columbus, Ohio 43216-1049

Senator Mike Dewine 140 Russell Senate Office Building, Washington DC 20510

Senator George Voinovich 317 Hart Senate Office Building, Washington DC 20510

Attached References

1. Seven Creeks Spring April 7, 1997 letter to the Department of Agriculture, Food Safety Division requesting inspection and certification of the spring that we are going to use to sell spring water at the selfservice vending station adjacent to the spring, sell bulk water to a wholesaler and eventually erect a building and bottle water for retail sale.

2. The Food Safety Division April 10, 1996(7) letter informing Seven Creeks Spring that the April 7 request was forwarded to the Ohio EPA requesting the water source evaluation and inspection.

3. Ohio EPA letter dated July 9, 1997 to the Ohio Department of Agriculture with the results of the analyses, performed on May 16, 1997, that no primary MCLs were exceeded, however, because "this is a spring and subject to surface water infiltration, our Agency would not accept this source for use as a public water system without appropriately design and installed filtration and disinfecting facilities." Based on this letter the Food Safety Division allowed us to proceed with construction.

4. Seven Creeks Spring April 6, 2000 letter to Ohio EPA and Department of Agriculture Food Safety Division providing information for an additional water trap.

5. Ohio EPA April 27, 2004 Notice of Violation letter to Seven Creeks Spring recommending three alternatives. 1.Closing the vending kiosks and bottling the water under the license of the Department of Agriculture.2.Closing the business.3.Drilling a well

6. Seven Creeks Spring May 4, 2004 letter to Senator DiDonato requesting help with jurisdiction

7. Seven Creeks Spring May 17, 2004 FAX to Senator DiDonato providing additional information and 2004 water analysis

8. Jefferson County Health Department July 7, 2004 letter to Seven Creeks Spring requesting appearance before Board of Health concerning an approved source

9. Seven Creeks Spring July 29, 2004 letter to Ohio EPA requesting extension in order to consider the six years successful operation and testing as a pilot plant study

10, Ohio EPA August 5, 2004 letter to Seven Creeks Spring Designating Spring as Surface Water

11, Seven Creeks Spring Aug 16, 2004 letter to Jefferson County Health Department discussing the definition of an "Approved Source"

12. Seven Creeks Spring September 3, 2004 letter to Ohio EPA requesting hearing for designation of water source as surface water

Letter to Legislaturers

To:

Representative John Domenick 117 North Third Street, Steubenville, Ohio 43952

Senator Charlie Wilson Senate Building, Room #226, Second Floor, Columbus, Ohio 43215 Representative Ted Strickland, 245 Front St., Marietta, Ohio 45750

Senator Mike Dewine 137 West Broad Street, Suite 300 Columbus, OH 43215

Senator George Voinovich 37 West Broad Street, Suite 300 Columbus, OH 43215

January 21, 2005

From: The Galownia Family, Seven Creeks Spring, 939 Seven Creeks Road, Steubenville, Ohio 43952,Phone/FAX 740-283-1010, Web Site www.seven-creeks.com

Our roadside spring, the first of its kind in the nation, and a local Ohio tourist attraction needs your help to:

1. resolve an apparent jurisdiction issue concerning our spring among the Ohio EPA, Department of Agriculture and Health Department which threatens to close the spring. We have already asked for help, our latest a letter to Governor Taft, but we have not yet received a reply from anyone. Per the December 5, 2004 Herald Star's Matz Malone's attached news article, "It's becoming a riddle, in a puzzle, wrapped inside an enigma."

2. submit legislation that will allow our small S corporation to question incorrect EPA rules without needing an expensive lawyer as required by the January 10, 2005 letter from the Attorney General.

The entire story is in the attachments or on our web site, however the jist is that for six years we were one of the nine Ohio springs licensed by the Department of Agriculture, Division of Food Safety to sell bottled water, even though ours was only self-serve. We tested the water every month for bacteria using 2 different types of tests, which is more stringent than the single type test we now use per the EPA requirements. This past year, the Department of Agriculture and the Ohio EPA decided that automated bottled spring water facilities would still be licensed by the Department of Agriculture. Our lone self serve private spring, however, where visitors fill their own jugs, would now be under the jurisdiction of the EPA. This is in spite of the fact that in 1997 the EPA said our private spring was under the jurisdiction of the Department of Agriculture. Per discussion with the Ohio EPA, none of the bottled water treatment systems in Ohio can meet the Ohio EPA requirements because springs were never intended to be regulated by the Ohio EPA and it does not have the capability to perform the technical evaluation required. Our lone private, self serve spring, which meets all of the requirements of Ohio bottled water, has been transferred to an organization that cannot accept a system approved for use by the Department of Agriculture for other bottled water facilities in the state and may force us to close our spring.

The Health department has known of our water kiosk since it was installed in 1998 as well as our license with the Department of Agriculture. This year the Health Department notified us that our water kiosks are now also under their jurisdiction as a vending machine as well as under the EPA jurisdiction. They want us to have the water kiosks certified by a testing agency for large manufacturers of vending machines at a cost of over $2,000, even though our water kiosks were designed, built and inspected per the bottled water facility requirements of the Department of Agriculture standards and have been operating for six years without any problems. One would think the Department of Agriculture stringent standards for bottle water facilities, would be acceptable for vending machines requirements. Additionally, the Health Department now has a problem with our spring water source, even though our private spring was inspected and the water was tested by the Ohio EPA in 1997 and did "not exceed any of the MCLs for public water" then or in any of the annual tests done since. It is also now a licensed public water source per the EPA, the water is tested monthly for bacteria, and it is okay to bottle per the Department of Agriculture Division of Food Safety. The Health Department however, has now determined that our spring is no longer an approved source after it has been in operation for six years.

Finally, when we requested a hearing because the EPA source water designation was incorrect per their guidelines, the Attorney Generals Office notified us that since the water kiosk is registered as an S corporation, and even though the spring is privately owned, Ohio legislature passed a law, so even small S Corporations like us, cannot even talk to the Ohio EPA without a legal attorney in this situation. Since the cost of legal attorneys that deal in environmental laws are quite expensive due to the type of litigation they are normally involved in, to hire one for any length of time would financially bankrupt our small family owned private spring, and this is just to request a hearing to correct an EPA mistake.

We would like to point out that all of the individuals of these organizations we have dealt with sympathize with our situation and would like to help, however, it appears that they are helpless to do so because they are constrained by rules and regulations which don't apply to our unique situation. Rules and regulations, which are not based on common sense, are hopeless. "Doing right is not always easy, but doing right is right."bc

Most of the more than 400 attached messages from Friends of the spring, that Bob Batz refers to in the attached Pittsburgh Post Gazette news article ask the same question we have been asking, why are they doing this? To help us out of this "riddle, in a puzzle, wrapped inside an enigma" we are asking for your help with:

THE JURISDICTION QUESTION. It does not make sense that our private spring should be changed to the jurisdiction of the EPA after six years, which does not recognize springs when the remaining bottled spring water vendors are under the Department of Agriculture. We only know of one other spring like ours in the United States, located in California, and it is under the jurisdiction of the State Health Department there.

SUBMITTING LEGISLATION

1. Can legislation be submitted exempting private springs and water kiosks as an EPA public water supply which were never intended to be regulated by them?

2. Can legislation be submitted exempting S Corporations from the lawyer requirement? It does not make sense that the Ohio legislature would enact a law if they thought it would cause unreasonable financial burdens for small businesses just to respond to incorrect rules.

Respectfully,

The Galownia Family

Attachments to letter

September 10, 2004 Letter to Governor Taft with attachments

46 pages of over 400 messages to the Governor from Friends of the Seven Creeks Spring

Matz Malone December 5, 2004 Herald Star news article

Bob Batz July 18, 2004 Pittsburgh Press news article

Ohio Attorney General Jim Petro January 10, 2005 letter to Tom Galownia

Copy of letter with attachments was sent to:

Governor Bob Taft, 30th Floor, 77 South High Street, Columbus, Ohio 43215-6117

Copy of letter without attachments were sent to:

Michael Moschell Ohio EPA 2195 Front Street Logan, Ohio 43138