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Attached is a chronological listing of the correspondence we have had. Details and links are provided in the right column. Send us any comments or inaccuracies noted.
04-07-97 letter to Ag Dept
04-10-97 letter from Ag Dept
07-09-97 letter from OEPA to Ag Dept
04-06-00 letter to OEPA and Ag Dept
02-??-04 JCH Dept license form
03-??-04 Ag Dept phone calls
04-27-04 phone call to Ag Dept
04-27-04 letter from OEPA
05-04-04 Letter to Sen DiDonato
05-10-04 phone call to Sen DiDonato
05-17-04 FAX to Sen DiDonato
07-07-04 letter from JCHealth Dept
07-29-04 letter to OEPA
08-05-04 letter from OEPA
08-16-04 letter to JCHealth Dept
09-10-04 letter to Governor
10-19-04 meeting in Columbus
12-05-04 Matz Malone Report
12-16-04 3 way teleconference
12-16&17-04 phone call
12-20-04 OEPA request for info
12-23-04 phone message to OEPA
12-27-04 FAX to Seven Creeks
01-04-05 phone call to OEPA
01-10-05 letter from Attorney General
01-20-04 received OEPA license
01-21-05 letter to Legislaturers
02-09-05 phone call from Domenick
02-17-05 3 way teleconference
03-07-05 Letter from Health Dept
03-10-05 3 way teleconference
05-05-05 OEPA Inspection
05-22-05 EPA Grant
05-26-05 O EPA Letter
06-14-05 letter from Attorney General
07-13-05 letter to OEPA
07-15-05 OEPA Letter
08-03-05 OEPA Letter
09-21-05 letter from Attorney General
10-11-05 letter to Attorney General
12-1-05 Strickland&USEPA letter
12-12-05 letter from Attorney General
12-21-05 EPA Hearing Officer
01-4-06 OEPA Letter
01-29-06 Letter to OEPA
06-2-95 OEPA Letter
07-19-06 OEPA Letter
01-13-07 Letter to Governor
Letter from Governor(no copy)
03-17-07 letter from OEPA
06-20-07 letter to OEPA,ODAG,Health Dept
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"Never doubt that a small group of thoughtful citizens can change the world. Indeed, it's the only thing that ever has." Margaret Mead
April 7, 1997
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.
April 10, 1997
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.
July 9, 1997
Ohio EPA July 9, 1997 letter 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.
April 6, 2000
Seven Creeks Spring April 6, 2000 letter to Ohio EPA and Department of Agriculture Food Safety Division providing information for an additional water trap.
February 2004
Received license application form from Jefferson County Health Department for each of the water kiosks. This is the first time Health Department sent us license, even though they have been aware of our spring and license with the Department of Agriculture since 1998.
March 2004
Received phone call from Department of Agriculture telling us not to return the Ohio Depatment of Agriculture Bottled water application they had sent us. Contacted Paul Panico and he said that we were being transferred to the Ohio EPA, however, he did not provide any reasoning other than they were reviewing their records and believe we should be under the Ohio EPA jurisdiction.
April 27, 2004 phone call
Tom Galownia phone call to Paul Panico of Ohio Department of Agriculture. Per Dept of Ag, a meeting was planned in May between the Ohio EPA, Ohio Department of Agriculture, an Ohio water bottling company owned by an Ohio state senator and the International Water Bottling Association to determine the jusridiction of bottled spring water.
April 27, 2004
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
May 4, 2004
Seven Creeks Spring May 4, 2004 letter to Senator DiDonato requesting help with jurisdiction
May 10, 2004
Tom Galownia phone call to Senator DiDonato aide to make sure they received the letter.
May 17, 2004
Seven Creeks Spring May 17, 2004 FAX to Senator DiDonato providing additional information and 2004 water analysis
July 7, 2004
Jefferson County Health Department July 7, 2004 letter to Seven Creeks Spring requesting appearance before Board of Health concerning an approved source
July 29, 2004
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
August 5, 2004
August 16, 2004
Seven Creeks Spring Aug 16, 2004 letter to Jefferson County Health Department discussing the definition of an "Approved Source"
 September 3, 2004
Seven Creeks Spring September 3, 2004 letter to Ohio EPA requesting hearing for designation of water source as surface water
 September 10, 2004 Sent Letter to Governor Taft
 October 19, 2004 meeting in Columbus
Meeting 1: Met with the governor's aide. He had received our letter and forwarded it to the OEPA for a response. He had not read the letter in depth. We explained that it was a jurisdictional issue also and the Department of Agriculture and Health Department should also be involved. He said he would read the letter, look at our web site and look into it in more detail.
Meeting 2: Met with OEPA, hearing officer, and Attorney General representative. Purpose was to discuss OEPA surface water ruling and why it is not considered ground water with surface water effects. In 1997 the OEPA classified it as spring water with surface water effects. OEPA was not ready to discuss in detail, but we are supposed to talk with the OEPA to see if we can resolve this, otherwise it will have to be adjudicated. We have a conference call scheduled for Dec 16, 2004 at 10 am to discuss with the hearing officer the status of our talks. We also discussed in general our situation. The OEPA did not provide many comments. The Attorney General representative had viewed our web site and asked many questions. We also gave them a copy of the New York State Health Department paper on UV light and cyst inactivation.
 December 5, 2004
Matz Malone news article in Steubenille Herald Star discusses the situation in detail and describes it as "It's becoming a riddle, in a puzzle, wrapped inside an enigma"
December 16, 2004 3 way teleconference
among hearing officer, Assistant Attorney General, and Tom Galownia. The Assistant Attorney General will send to Seven Creeks Spring guidelines for differentiating surface and groundwater. Since the question of the surface water designation is not resolved, Seven Creeks questioned whether the license fee was to be $800 for surface water or $112 for groundwater, but no answer could be provided at this time. An OEPA engineer' phone number was provided and was contacted to discuss future water treatment options. The OEPA engineer was not totally familiar with the details but said that Ohio did not recognize other states (Nevada EPA and New York Health Department) use of ultraviolet light for cyst control. He also said that the 1 micron absolute filters that are acceptable for bottled spring water are not acceptable for spring water used as a public water supply. Seven Creeks will call next week to discuss further after the EPA engineer has had time to review the case. Another teleconference was scheduled for February 17, 2005, at 9 am to discuss ground versus surface water issue.
 December 16 &17 Phone call to Ohio EPA and Ohio Department of Agriculture
Jim Galownia had general discussion and requested list of Ohio bottle water facilities which was provided December 20
 December 20 Ohio EPA field office request for info
UV Light calculations and filter housing certifications FAXed to OEPA Dec 21
December 23, 2004
Seven Creeks left phone message with OEPA Columbus office.
December 27, 2004
OEPA Columbus Office phoned and FAXed Seven Creeks guidlelines used by OEPA for classification of water. Per the guidelines ,springs are classified as ground water under surface water effects, not just surface water. The OPEA determination, in the April 27, 2004 letter, was incorrect.
 January 04, 2005
The following is a summary of phone conversation between Ohio EPA Columbus Office and Seven Creeks.
1. Per the Ohio EPA guidance for designation of water sources, the Aug 5, 2004 Ohio EPA letter designating the spring as surface water open to the atmosphere is incorrect and should be ground water under the influence of surface water.
2. The Ohio EPA knew of no water test Seven Creeks could perform on samples of water to test for cysts.
3. The Ohio EPA does not have the technical capability to evaluate ultraviolet light inactivation of cysts and is waitng for future guidelines from the US EPA which is currently testing ultraviolet lights. The apparent use of UV lights by Henderson Nevada for inactivation of cysts in water from Lake Mead is unaccepatable technical justification since in is a different state. The same is true for the New York State Department of Health technical guidelines for ultraviolet light cyst reduction.
4. No public water systems in Ohio are tested for cysts.
5. Ohio EPA has only two designations for public water, surface and wells.
6. The Ohio EPA is aware of tests by NSF using glass beads instead of cysts which do not meet the 3 log cyst reduction required by the EPA for surface water.
7. The Ohio EPA was unaware that one micron absolute rated filters are recommended by the CDC for use for protection against cysts.
8. Ohio bottled spring water, which is considered ground water under the influence of surface water, does not meet the OEPA requirements for public water.
9. The spring water is an approved source for Seven Creeks to provide spring water to the public by installing an automatic bottling water facility.
 January 10, 2005
Received letter from the Ohio Attorney General saying they cannot communicate with someone from private spring since the equipment is part of a small S Corporation, instead we have to hire a lawyer to tell them the OEPA made a mistake designating the water.
January 20, 2005
Received Ohio EPA licensed for a publice water supply for 2005 which cost $792 since springs are classified as surface water instead of well water which only cost $112.
 January 21, 2005
Sent letter to five legislatureres for help with spring jurisdiction. We also asked them to submit legislation to 1. exempt our spring from the EPA requirements since the Ohio EPA rules were never meant to regulate springs and 2. exempt small S corporations from this lawyer requirement so that we can tell the EPA it made a mistake without hiring an expensive environmental lawyer to tell them for us.
February 9, 2005
Received phone call from Representative John Domenick aide that they received our letter and are investigating.
 February 17, 2005 3 way teleconference
among hearing officer, Assistant Attorney General, and Tom Galownia. Tom Galownia was not permittted to officially talk to the Assistant Attorney General (per the Assistant Attorney General, he is only allowed to talk to another attorney) to tell him, per the Ohio EPA own Guidance for Designation of Water Sources as Surface Water or Ground Water revised April 24, 1996, page 1, sent to Seven Creeks Spring Dec 27, 2004, it appears OEPA made a mistake in designating the spring water as surface water and instead it should be ground water under the influence of surface water. Misclassification could cause problems in the future if water treatment rules change. Per discussion between hearing officer and Assistant Attorney General, the Assistant Atorney General is to investigate further the legality of talking with the owner of the spring, Tony Galownia. Another teleconference was scheduled March 10, at 9am with Tony Galownia and his son Tom Galownia, who will provide technical advice to his father.
March 07, 2005 Jefferson County Health Department Letter
certified letter from the Health Department directing Seven Creeks Spring to immediately cease and desist operating the spring water vending machines. Although our vending machine was originally designed per the Department of Agriculture Food Safety Division standards in 1997 for bottling water facilities, which the EPA and Health Department were aware of, the vending machine also complies with NAMA requirements for water vending machines. Additional water tests per their requirements were performed which were met. We do not manufacture our water kiosks for resell, and have been operating since 1998, therefore, we feel we do not need NAMA certification which would cost $3,000 to send one of NAMA's inspectors for only two water kiosks. Since our spring has an EPA license, we also do not understand the health departments claim that the water is not approved. If not how can we have an EPA license? Since the Health Department only regulates coin operated vending machines, we have disconnected the coin mechanism and are relying on the honesty of the visitors to leave their money in a separate box.
March 10, 2005 3 way teleconference
among hearing officer, Assistant Attorney General, and Tony and Tom Galownia who traveled to Seven Creeks from Pittsburgh in order to attend teleconference with Tony. Tom was not permittted to officially talk to the Assistant Attorney General (per the Assistant Attorney General, he is only allowed to talk to another attorney), only Tony Galownia, the owner of the spring was allowed to talk. Nothing technical was discussed, the Assistant Attorney General's position is that he cannot talk to anyone from Seven Creeks without an attorney and will send a letter in the next couple of weeks to Seven Creeks defining their legal postion.
May 5, 2005 OEPA Inspection
Two OEPA representatives visited the spring for the annual inspection and a source water evaluation. Two water customers asked the representatives questions. The spring and water kiosk were toured. No technical questions were asked by EPA representatives concerning operation of the system. A tour of the property surrounding the spring was provided for the
source water evaluation.
May 22, 2005 EPAGrant Request
This is the cover page of the grant we requested from the EPA to perform testing of the filters we use to determine if different flow rates affects the effect on filtering of cysts.
May 26, 2005 OEPA Letter
Letter we received from the Ohio EPA after their inspection on May 5, 2005.We edited the letter for a couple of corrections and removed sensitive marketing information.
Jun 14, 2005 Ohio Attorney General Letter
Letter we received from the Ohio Attorney General dismissing our request for a hearing to correct a mistake we feel the EPA apparently made in classifying our spring water as surface water instead of ground water under the influence of surface water per their own guidlelines. It came with over 120 pages of two exhibits. We don't understand it well enough to summarize, so you can read it for yourself.
July 13, 2005 Seven Creeks Letter to EPA
Our response to EPA May 26, 2005 letter.
July 15, 2005 OEPA Letter
August 3, 2005 OEPA Letter
Sept 21, 2005 letter from Attorney General
October 11, 2005 letter to Attorney General
December 12, 2005 Strickland letter to US EPA and response
Letter from Congressman Strickland who forwarded our letter asking if it would be possible if the US EPA could provide the Ohio EPA technical help that were told it was lacking in regulating springs and US EPA response.
December 12, 2005 letter from Attorney General
Letter which is similar to the June 14 letter they sent.
December 21, 2005 letter from EPA Hearing OfficerAttorney General
Letter indentifying Jan12, 2006 status conference in Columbus
January 4, 2006 OEPA Source Water Assessment
January 29, 2006 Seven Creeks Response to OEPA Source Water Assessment
Letter identifying OEPA inspection requirements apparently not complied with.
June 2, 2006 OEPA Response to our Sept 3, 2005 letter
Letter that took almost two years to say the OEPA won't change the designation.
July19, 2006 OEPA Evaluation Survey letter
Letter for inspection done on June 27, 2006
January 13, 2007 to Governor Strickland
Letter asking governor to look into the situation
March 13, 2007 OEPA response
Letter responding per Governors's request
June 20, 2007 to OEPA,ODAG, Health Dept
Letter requesting help from these agencies to stay open
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