Pembroke acts to protect its water aquifer

At a special town meeting on August 10, Pembroke voters adopted an ordinance to regulate large-scale water extraction and approved the school budget for 2009-2010. The ordinance was the subject of a public hearing on July 29, and the school budget was deferred from the annual town meeting on July 27 because state subsidy figures were not available in time.

The ordinance was proposed by Fred Gralenski, a trustee of the Pembroke Utilities District (PUD), who researched similar ordinances in other Maine communities. The PUD is a quasi-municipal entity, with five trustees elected by town voters, that was created in 1988 by the state legislature in response to local concerns that Pembroke's aquifer was not under the town's control. The act was then ratified by the town on November 8, 1988, by a vote of 265-83.

The intent of the new ordinance is to ensure "that any large-scale water extraction is subjected to prior review and approval" by the PUD. A "large-scale" extraction is defined as "more than 5,000 gallons daily of groundwater, spring water, water from streams and rivers, and/or water from aquifers or their recharge areas." The regulation spells out the process by which the PUD shall review applications from potential extractors, require supporting engineering and hydrologic studies, and determine if permits shall be issued. Firefighting activities are specifically excluded from the ordinance.

Water extractions by commercial bottlers, such as Poland Spring, have become controversial issues in some southern Maine communities. The July issue of Maine Townsman, published by the Maine Municipal Association, reports that such large-scale extractions have spurred "a number of Maine municipalities [to enact] ordinances that regulate large-scale water extractions." The article points out that "Maine courts have not yet had the opportunity to weigh in on the validity of municipal groundwater extraction ordinances."

Last September, representatives of the Passamaquoddy Water District (PWD) approached Pembroke selectmen to explore the possibility of tapping Pembroke's aquifer as the water source for their customers in Eastport and Pleasant Point. The PWD draws about 250,000 gallons per day from Boyden Lake, but despite a treatment system, the water quality fails to meet current federal standards. Talks between Eastport and Pembroke were also undertaken some 23 years ago but broke down in rancor between the two communities. The recent initiative has not progressed beyond the single meeting, but if negotiations between the PWD and the PUD were to begin in earnest, the process would be managed under Pembroke's new ordinance, which took effect immediately after passage. In addition to Gralenski, the trustees of the PUD are Greg Johnson, Colby Leonard, David Brown and Jeremy Brown.

Terry Lux, Union 104 superintendent, was on hand to present the $1,736,122 school budget for the year that started July 1. The school committee cut more than $50,000 in order to accommodate a decrease in state subsidy of more than $24,000 coupled with an increase in tuition costs to Washington Academy for additional high school students this year. Local taxpayers will fund an increase of $28,849, to keep the new budget within one-half of one percent of the total for the year just ended.

Lux said the state has "backed off" on penalizing districts that have failed to form regional school units (RSUs) under the school consolidation law. She believes education department officials recognize the problems the structure would pose for rural towns like Pembroke and surrounding communities in a forced consolidation of 20 towns from Vanceboro to Dennysville, some 90 miles apart. But thus far, the department has not indicated what alternative configurations would be acceptable.

Voters considered a total of 14 school budget articles, approving Articles 3-13, 14, 15 and 16 by unanimous voice votes. Article 17, to raise and appropriate $183,734 in additional local funds, was approved by balloting, 19-3. A referendum school budget vote, required by state law through next year, was set for Thursday, August 20, at the firehouse from 3-7 p.m.

Dennis Mahar requested that annual school audits be published in future town reports, and that proposed school budgets be made available for voters to consider in advance of the town meeting. John Bloemendaal served as moderator.