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PUBLIC LAWS OF MAINE
Second Regular Session of the 118th

PART A

     Sec. A-1. Authorization to audit the Maine Public Drinking Water Control Program. The Maine Public Drinking Water Commission is authorized to hire an auditor to conduct an audit of the Maine Public Drinking Water Control Program, referred to in this Part as the "program," for the purposes outlined in section 2 of this Part. The auditor selected must be independent of the program and may not include any person or persons employed by the State. The commission must hire the auditor no later than May 15, 1998.

     Sec. A-2. Purpose. The purpose of the audit is to evaluate the effectiveness and adequacy of the program in administering the federal Safe Drinking Water Act, in maintaining the State's federally delegated primary enforcement authority in administering the act, and in maximizing the availability of federal funds to water systems in the State for carrying out the requirements of the act. In making this evaluation, the auditor shall consider the following factors:

     1. The current organizational structure and staffing of the program;

     2. The current and available resources of the program;

     3. The effectiveness of current management and staff of the program;

     4. The qualifications and experience necessary for the position of manager of the program;

     5. The current goals and objectives of the program;

     6. The program's current data management system, including a comparison of public water systems in the State regarding collection, management, and reporting of compliance data; and

     7. Any other factor the auditor determines relevant or important within the scope of the purposes of the audit.

     Sec. A-3. Coordination with United States Environmental Protection Agency. In evaluating the performance of the program pursuant to section 2 of this Part, the auditor shall consider the requirements of the United States Environmental Protection Agency, including the requirements of the regional office of the agency with jurisdiction over the State, with regard to administering the federal Safe Drinking Water Act, maintaining the State's federally

     delegated primary enforcement authority in administering the act, and obtaining federal funding for water systems in the State for carrying out the requirements of the Act. In conjunction with this requirement, the auditor shall seek a written statement from the United States Environmental Protection Agency outlining the scope and nature of the agency's particular requirements for Maine's program.

     Sec. A-4. Recommendations. In addition to the evaluation required under section 2 of this Part, the audit must include recommendations to the Maine Public Drinking Water Commission regarding how the program should be organized, staffed, funded, managed, and prioritized in order to best administer the federal Safe Drinking Water Act, maintain primacy of the State in administering this act, and maximize the availability of federal funds to water systems in the State for carrying out the requirements of the act.

     Sec. A-5. Report to Legislature. No later than September 15, 1998, the Maine Public Drinking Water Commission shall report the findings of the audit to the joint standing committee of the Legislature having jurisdiction over health and human services.

     Sec. A-6. Funding for audit. The Maine Public Drinking Water Commission shall provide funding for the audit under this section from federal funds available for drinking water programs under the jurisdiction of the Department of Human Services. The commission is authorized to determine the funding level of the audit, but may not spend more than $25,000.

     Sec. A-7. Allocation. The following funds are allocated from Other Special Revenue to carry out the purposes of this Act.

         1998-99

HUMAN SERVICES, DEPARTMENT OF

Public Drinking Water Fund

Provides funds for an audit of the Maine Public Drinking Water Control Program.

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