January/February 2013

Quality on Tap! January/February 2013

In This Issue: Pattison Water Supply Corporation a Model for Source Water Protection Stage 2 Disinfection Byproducts Rule Compliance Monitoring in Effect AmeriCorps Volunteer Program will Support Rural Water Foundation

TRWA Today TRWA Board of Directors

TRWA Staff

Officers James Morrison President

Huntsville (At-Large) Clay Hodges Vice President

Greenville (At-Large)

Wanda Gaby Treasurer

Alba (Dist. 11) Tommy Carswell Secretary

Lufkin (Dist. 14) Scott Adams Immediate Past President Ft. Davis (Dist. 2)

District Directors

John Frantz

Chris Boyd

Michael Taylor

Pat Allen Brian Macmanus Leahmon Bryant Charles Beseda

Dwayne Jekel

Barry Miller

Roy Perkins

Bill Goheen

Kent Watson

Hartley (Dist. 1) Aubrey (Dist. 3) Brownwood (Dist. 4) Marion (Dist. 5) Harlingen (Dist. 6) Greenville (Dist. 7) Penelope (Dist. 8) Cameron (Dist. 9) Gonzales (Dist 10) Kaufman (Dist. 12) Mabank (Dist. 13) Bryan (Dist. 15)

At-Large Directors

Kent Smith Itasca

Established in 1969, the Texas Rural Water Association (TRWA) is a statewide nonprofit trade association with an active membership consisting of more than 750 municipal utility districts, special utility districts, nonprofit water supply corporations, small-town water departments, investor-owned utilities and individual members. In addition, more than 200 water industry suppliers participate in TRWA activities as associate members. TRWA members provide water and wastewater service to 2.5 million customers throughout Texas.

TRWA is dedicated to helping directors, managers and operators provide efficient service and clean, safe drinking water to their customers. Through on-site technical assistance, education and information exchange, TRWA helps its members better meet their needs as well as the needs of their customers.

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Fred Aus Executive Director

Allison Kaminsky Communications Director

Celia Aguirre Environmental Services Director Refugio Rodriguez FMT Specialist Deborah McMullan Source Water Protection Specialist

Janice Gibbs, CPA Finance Director Pam Cantrell Administrative Assistant Angela Harris Administrative Assistant

Lara Zent Deputy Executive Director and General Counsel

Pauline Word Legal Assistant

Nickie Morgan, CMP Member Services Director Lance Harrell Information Technology

Michael Vollmar Professional Development and Training Director

Melody Bennett Administrative Assistant

Len Klandrud Instructor

George Patterson Instructor

Dian Phinny Instructor

Larry Bell Technical Assistance Director

Raymond Curtis Wastewater Trainer

Alex Eaves Wastewater Technician

Paul King Circuit Rider

Steven Mindt Technical Assistance and Training Specialist

James Smith Circuit Rider

William White Circuit Rider

Quality On Tap!

January/February 2013

Features:

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Pattison Water Supply Corporation a Model for Soure Water Protection Public Education

By Deborah McMullan, Texas Rural Water Association Pattison WSC has become a model system for successful SWP plan activities and public education efforts in 2012.

On the Cover: Frio River at Garner State Park © Texas Parks and Wildlife.

Departments President’s Message

2 Disinfection Byproducts Rule Compliance 10 Stage Monitoring in Effect

By Celia Aguirre, Texas Rural Water Association Compliance monitoring for Stage 2 of the Disinfection Byproducts Rule is in effect. A system’s schedule for Stage 2 DBP testing is based on their population.

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Bolivar Peninsula SUD Benefits from On-Site Training

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Is the Tank Contaminating the Water?

By Allison Kaminsky, Texas Rural Water Association TRWA is pleased to announce the Texas Rural Water Research and Education Foundation’s participation in the AmeriCorps VISTA program.

Keep It Legal 12 Answers to your legal questions

Ask Larry 22

Answers to your technical questions

Advertiser Index 26

TRWA’s 44th Annual Convention is Coming to Austin this Spring

By Nickie Morgan, Texas Rural Water Association.

Save the date! TRWA’s annual Convention is set for March 2022, 2013.

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Letter from the Executive Director 5

AmeriCorps Volunteer Program will Support Rural Water Foundation

By Allison Kaminsky, Texas Rural Water Association Bolivar Peninsula SUD has become an area provider for TRWA operator training classes to save money and time.

By Erika Henderson, Pittsburg Tank and Tower Company Faulty water tanks could be contaminating your water, increasing the chances of waterbourne diseases.

Plan Ahead 27 TRWA’s Calendar of Events

Quality on Tap! - January/February 2013

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President’s Message Reflections on a New Year My goodness, I can’t believe another year has already come and gone. I hope that each of you had a very Merry Christmas, and I hope that this New Year brings you an opportunity to see all of your goals and dreams realized.

I find myself having a difficult time writing “2013” when asked for the date. It just does not seem possible that a new year has started.

“The new legislative session has begun in Texas. I challenge each of you to stay informed and get involved.”

The new legislative session has begun in Texas. Thank God they only meet once every other year. This session will be about your livelihood—WATER! We will need to band together with our rural counterparts if we are going to stand the proverbial snowball’s chance. I would encourage you to meet with and get to know your electric co-ops, Farm Bureaus, County Commissioner’s Courts and just about any other rural group that comes to mind. We may need all of the help we can get this session. I challenge each of you to stay informed and get involved.

I already miss my good friend Tom Duck, as he has retired as TRWA’s Executive Director. But I have to tell you I am excited about our new Executive Director, Fred Aus. In working closely with Fred over the last couple of months, I am confident that the selection committee did their job very well. I encourage each of you to get to know Fred as you did Tom. You will be glad you did.

Lastly, it has come to my attention that there is one-sided information about the issues of redistricting and At-Large Directors going around to some of you via e-mail. I would be happy to talk to any of you that have questions. Call me at 936-295-4452. If I am not available, I assure you I will return your call!

James Morrison, President Texas Rural Water Association Board of Directors 4

Quality on Tap! - January/February 2013

Letter from the Executive Director Let’s Go Far—Together Please let me introduce myself. I am Fred Aus, and I am privileged to be the new Executive Director of the Texas Rural Water Association. I know I have big shoes to fill, because TRWA is an amazing organization that has been made great by so many—our retiring Executive Director Tom Duck, our current and former Board members, our staff and, most of all, you, our members.

I am a firm believer in TRWA’s slogan: “Progress through Unity.” I realize that in the past 43-plus years, TRWA’s success has been largely due to its strength in everyone working toward common goals for the good of all the members. It reminds me of an old proverb—“If you want to go somewhere fast, go alone. But if you want to go somewhere far, go together.”

TRWA faces many challenges in the next year: at the Legislature, in state and federal regulatory agencies, in the courts, in our local political arenas and in other places uncertain. But I am confident we can meet and overcome those challenges by working together. As your new Executive Director, I ask you to join me in facing these challenges. I also invite you to share with me and the TRWA Board members what challenges you believe are most important to TRWA and how best to address them. I pledge to you to work hard every single day on behalf of TRWA and the membership.

“If you want to go somewhere fast, go alone. But if you want to go far, go together.”

I look forward to meeting as many of our members as I can in the coming months, and I want to extend to you my invitation to attend TRWA’s 44th Annual Convention that will take place in Austin on March 20-22, 2013. Please come and learn about what is happening with our industry at the Texas Legislature.

Come and make your voice heard about the future of TRWA. Come and meet your colleagues at other utility systems from across this great state. Most of all, come and help us as we continue to go far—together.

Fred Aus, Executive Director Texas Rural Water Association Quality on Tap! - January/February 2013

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Pattison Water Supply Corporation a Model for Source Water Protection Public Education

By Deborah McMullan, Texas Rural Water Association

A

s of today, approximately 650 systems across the state of Texas have participated in the U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) Source Water Protection (SWP) Program.

This program, available to water systems for nearly 28 years, is funded through a grant from USDA. TRWA members can develop and implement a SWP plan specific to their system with the help of a TRWA source water protection specialist.

The full development of a SWP plan is covered by the aforementioned USDA grant.

Where the system begins incurring costs is during the implementation phase of the program, which primarily entails encouraging local businesses and individuals to adopt simple, low-cost best management practices and public education offered by the water system. The plus side to this is that the water system has total control over these costs, which are manageable and can be kept to a minimum.

To develop a SWP plan, the system first needs to build a collection of data, such as the number of wells, depth, GPM rating, surface water intake, etc., and conduct a survey of potential sources of contamination (PSOC). With this information, a SWP plan can then be created and should include a map showing each well or surface intake with PSOCs indicated.

The development of an Emergency Spill Contingency plan and best management practices for each PSOC should also be included.

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Finally, the plan should outline training of system staff, board/city council members and steering committee members. The TRWA source water protection specialist performs all of these duties in collaboration with the member water system.

After the plan is in place, the water system needs to develop a steering committee of stakeholders. This committee is charged with keeping the plan active by annually updating the SWP plan and leading continued public education efforts. This is the most important step in the program, and USDA places emphasis on ongoing public education initiatives led by participating water systems.

For many, the implementation of public education campaigns in addition to staff’s

Pattison WSC steering committee chariman Doug Boatright prepares free water for festival attendees during the “Trick or Treat” Water Festival

and protection information.

For Valentine’s Day, the office staff gave out candy and water protection stickers to the local children when they came into the office.

With the assistance of TRWA’s source water protection specialist, a group of high school-aged home schooled students were given a tour of the system’s primary water plant. Discussion and activities were based on teaching the students how the water is treated prior to consumption, water conservation and protection, and careers in the water industry.

Pattison’s most successful and enjoyable effort in 2012 TRWA source water protection specialist Deborah McMullan giving “Water was a “Trick or Treat” Water Cycle” bracelet craft kits to a young trick or treater.

Festival. On Halloween night, the local volunteer fire department joined forces with Pattison WSC regular duties may appear to be overwhelming. to educate the community about water issues However, upon a second look it becomes and fire prevention. The firemen and women evident that these efforts can range from the handed out informational brochures while very simple to quite complex, depending upon Turner and Boatright distributed “goodie” bags the steering committee and the water system’s to the children. The bags desire. were filled with waterPattison Water Supply related stickers, pens, Corporation, located crossword puzzles and, west of Houston, has of course, some candy. become a model system TRWA was on hand to for successful SWP plan give out craft kits for activities and public making “Water Cycle” education efforts. Doug bracelets. Parents were Boatright, steering also given information on committee chairman, water conservation and had a goal to make all protection. A free water efforts easy, low cost station was available and enjoyable for both for all those thirsty committee members and attendees, which was water employees. supplied with Pattison water, of course. With over 300 children in General Manager Connie Turner started attendance, the steering committee feels that off 2012 efforts by installing a display of free this effort was a success and is planning an brochures for customers to take home with even bigger and better festival for next year. them. The brochures included pamphlets from the Texas Commission on Environmental For the Christmas season, the system gave Equality (TCEQ) and the U.S. Environmental Continued on page 8 Protection Agency (EPA) on water conservation

“With the work being spread out amongst the system employees and steering committee members, no one felt overwhelmed...and everyone was able to pick a project of interest to them.”

Quality on Tap! - January/February 2013

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Continued from page 7

out TCEQ “River and Skye” coloring books and a small pack of crayons to the local children as they stopped by the office. Turner and Boatright have both been pleasantly surprised at how much education they were able to offer for less than $300. Turner’s advice to systems is to utilize the free downloads that are available on the Internet from various entities, such as TCEQ, EPA, state universities, etc.

“With the work being spread out amongst the system employees and steering committee members, no one felt overwhelmed by additional work being added to their other responsibilities. And everyone was able to pick a project of interest to them,” says Turner.

TRWA’s source water protection specialist is available to assist systems with developing a SWP plan. Many systems have also begun to utilize the specialist to assist with updating and renewing their older SWP plans. For assistance with developing or updating your SWP plan, please call the TRWA office at 512-4728591 and ask for the Environmental Services Director.

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Quality on Tap! - January/February 2013

Quality on Tap! - January/February 2013

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Stage 2 Disinfection Byproducts Rule Compliance Monitoring in Effect

By Celia Aguirre, Texas Rural Water Association

A

pril 2012 marked the beginning of compliance monitoring for Stage 2 of the Disinfection Byproducts Rule. This rule impacts all community public water systems and nontransient, noncommunity public water systems whether their source water is ground water or surface water.

The rule is intended to improve public health protection by strengthening regulations for disinfection byproducts (DBPs) and minimizing exposure to DBPs, such as total trihalomethanes (TTHMs) and haloacetic acids (HAA 5 s), which have been identified as potential human carcinogens. Disinfectants can react with naturally-occurring materials in the water to form DBPs. The Stage 2 DBP rule builds on the existing rule and included two main parts: (1) conducting an Initial Distribution System Evaluation (IDSE) for identifying worst case monitoring sites, and (2) use of Locational Running Annual Average (LRAA) for calculating compliance at every sample site. With IDSE requirements and compliance monitoring sites already identified, in April 2012, systems began meeting compliance monitoring requirements for the rule. A system’s schedule for Stage 2 DBP testing is based on their population or, if interconnected, the population of the largest interconnected system. For example, a system that serves 1,000 people but is interconnected with a system that serves a population of Figure 1

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Quality on Tap! - January/February 2013

20,000 would be considered a Group 3 system and start Stage 2 DBP testing in October 2013.

See Table A for your compliance schedule.

Although the Maximum Contaminant Level (MCL) for TTHMs and HAA 5 s remain the same, 0.080 mg/L and 0.060 mg/L respectively, compliance for the system will be based on the LRAA for each monitoring location in your distribution system. This means if the LRAA for any one monitoring location exceeds the MCL, your entire system is out of compliance.

The LRAA is calculated from four consecutive quarters of monitoring. However, compliance can be calculated from less than four quarters of data if any single sample exceeds four times the MCL. Further, if the system fails to collect or report data then the LRAA is based on available data.

The Stage 2 DBP rule also established operational evaluation requirements that are triggered when a system exceeds operation evaluation levels (OELs) for TTHMs or HAA 5 s.

The OELs for TTHMs and HAA 5 s are the same as the MCL for each. A system exceeds the OELs if the results from the two previous quarters plus two times the result of the current quarter divided by four exceeds the respective MCL. (See Figure 1).

The Stage 2 DBP rule requires a system that exceeds either OEL for TTHMs or HAA 5 to conduct a comprehensive review of the system

Table A

Compliance Schedule for Stage 2 DBP Monitoring Group Number Population Group 1 100,000 or more Group 2 50,000-99,999 Group 3 10,000-49,999 Group 4

Start Compliance Monitoring April 2012 October 2012 October 2013

Less than 10,000 October 2013

Systems conducting Cryptosporidium monitoring under LT2ESWTR must begin monitoring by October 2014.

operations (operational evaluation) and submit a report to the State regulatory agency—the Texas Commission on Environmental Quality (TCEQ)—no later than 90 days after being notified of the analytical result that caused the exceedance(s). It is important to note that an OEL exceedance is not a Stage 2 DBP rule violation. However, failure to submit an evaluation report to TCEQ within the required timeframe is a violation and requires public notification. The OEL is intended to serve as an early warning that a potential Stage 2 DBP rule violation may occur in the next quarter and allows the system to take action to prevent the potential compliance violation.

Compliance with the Stage 2 DBP MCL and requirements of the operational evaluation of the system treatment and distribution practices will be discussed further in upcoming articles.

For information on your system’s Stage 2 DBP rule sampling schedule, call the TCEQ’s Drinking Water Section at 512-239-4691.

(800) 256-1905 Business Health & Life Home & Auto www.cappsinsurance.com Your Water Industry Insurance Specialist For Over 30 Years Member Texas Rural Water Association John 3:16

Quality on Tap! - January/February 2013

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Keep It Legal Answers to Members’ Questions by Lara Zent,TRWA General Counsel and Deputy Executive Director

Q

In the November/December issue, you discussed that employees could be asked to end their work day early if they were called in to work the evening before. I thought we couldn’t offer comp time in lieu of overtime pay?

A: I’m sorry if my last column confused this issue. A water supply corporation does not have the option to provide comp time for overtime hours worked instead of overtime pay. In my column, I was discussing that an employee may be asked to take off time within the same work week, so that their total time in that week does not exceed 40 hours. For example, if an employee works three extra hours on a Wednesday evening to repair a line leak, their manager may ask them to go home three hours early the next day, so that their total time worked within that week does not exceed 40 hours. Once the work week is over, if the employee has worked more than 40 hours, the corporation has to pay them one and one-half times their regular hourly pay.

The answer differs slightly for water districts. The option of offering compensatory time off in lieu of paying for overtime is available to governmental entities, such as municipalities, districts and state agencies.

Q: Can we ban guns in employees’ locked private vehicles parked in the water system’s parking lot?

A: No. A new state law passed by the 2011 Legislature prohibits employers from banning the transport and storage of lawful handguns in locked private vehicles in employee parking lots if the employee either has a license to carry a concealed handgun or otherwise lawfully possesses the firearm. The law applies to public and private employers, so districts and water supply corporations must comply.

The new law does not apply to company vehicles, such as a water system’s trucks.

Employers may still prohibit employees from 12

Quality on Tap! - January/February 2013

carrying or transporting guns while driving in company vehicles.

Q: On a related question, can we allow employees to carry guns or BB guns in our system vehicles? Some of our system’s main lines are in heavily wooded areas and creek beds where there are a lot of snakes.

We have had a couple of employees come close to stepping on snakes and having a gun might help protect them.

A: TRWA recommends against such a policy.

This could be a liability issue for the system. I suggest that you contact your insurance carrier if your board is considering this as an option.

Your employees should be given the necessary tools to keep them safe and do their jobs.

This may include protective gear such as boots and snake guards to protect their feet and legs from snake bites. In addition, tools used to clear brush may also be used by employees to defend themselves against snakes.

Your employees may carry a concealed handgun in the company vehicle if they have a license and the corporation allows them to do so. Air rifles or pellet guns do not require a license. You should also check if there are local restrictions against where guns may be carried or transported in your area, such as in public parks or recreation areas.

“Employers may still prohibit employees from carrying or transporting guns while driving in company vehicles.”

Q: A board member recently emailed all the other board members and our general manager for advice on preparing a future agenda item. Is it legal to send this kind of e-mail outside of a meeting?

A: A quorum of a board is not permitted to communicate regarding board business outside of an open meeting, so I advise against e-mail communication among all the board members.

Q: Can our personnel policy address and set limits on body piercings and tattoos worn or displayed by employees?

A: This type of policy is legal as long as it is equally applied to all employees. For example, if the water supply corporation or district allows ear piercings for women, it should allow it for men as well. An example of a policy we found in a legal journal on the issue requires that employees conceal all tattoos and remove all non-standard piercings during work hours. You should be prepared to make exceptions and reasonable accommodations to an employee if their reasoning for the piercings or tattoos is part of a legitimate religious belief.

Q: For nearly two years we have had a problem with one account for nonpayment, theft and tampering. We have documented each incident in writing, issued warnings to the offender and given photos to our local Sheriff’s Department seeking to have this matter addressed and resolved. However, our attempts have been fruitless. Do you have any advice to resolve this issue?

A: It is unfortunate when local law enforcement authorities will not back up a water system on this type of issue. I have a few suggestions. First, when you contact your local law enforcement authority, provide them with the specific legal citation making this a crime.

Meter tampering and theft of service are Class A misdemeanors, regardless of the amount of pecuniary loss, which is set forth in Section 28.03(b)(3)(B) of the Texas Penal Code.

TRWA added a provision to our model tariff allowing a water supply corporation to charge a penalty for meter tampering and diversion of service, including theft of service. Texas Commission on Environmental Quality (TCEQ) staff agreed to this provision, but would only support a maximum penalty in the amount of six times the base rate. Remember, a water supply corporation may not charge any fee or penalty until it is set forth in the system’s tariff.

but they must also adopt a penalty provision in their service policy or rate order before they can charge it. Before enforcing a penalty provision, districts must publish the “rule” and the penalty for its violation once a week for two consecutive weeks in one or more newspapers with general circulation in the area in which the district is located. See, for example, Section 65.207, Water Code, pertaining to Special Utility Districts.

The water system also has the option of suing the offender in court for civil damages and other relief.

Q: We are a district and want to change our fiscal year. Are there any laws or reporting requirements governing this?

“A water supply corporation may not charge any fee or penalty until it is set forth in the system’s tariff.”

A: Texas Water Code Section 49.158 allows a district to change its fiscal year at any time, but not more than once in any 24-month period. A district that changes its fiscal year must notify TCEQ within 30 days after adoption.

In addition, the district may need to notify the IRS of the change. Even though districts do not pay income tax, they do pay employment tax, so may be subject to this additional reporting requirement. The form that may need to be filed is “Form 1128”; however, you should contact your certified public accountant or tax attorney for further advice on this issue.

If you have a legal question you would like answered, please e-mail legal@trwa.org.

Districts do not have the same penalty cap, Quality on Tap! - January/February 2013

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AmeriCorps Volunteer Program Will Support Rural Water Foundation

By Allison Kaminsky, Texas Rural Water Association

T

RWA is pleased to announce the Texas Rural Water Research and Education Foundation’s (TRWREF) participation in the AmeriCorps VISTA program. VISTA, standing for Volunteer in Service to America, is AmeriCorps national service program designed to fight poverty. For more than 45 years, VISTAs have been working to fight illiteracy, improve health services, create businesses and strengthen communities.

Starting in March 2013, six VISTA members and one leader will commit to one year of service with TRWREF to help build and grow Foundation programs. TRWREF was established in late 2011 to foster a broader understanding of water, wastewater, utility operations, water conservation and protection of the environment. The Foundation aims to do this through the research and promotion of leading-edge technologies, industry best practices and trends, and educational and public awareness programs. The Foundation will also fund scholarships to encourage the development of new utility professionals.

TRWREF’s participation in the VISTA program has been approved for three years. During this time, VISTAs will focus on three major TRWREF initiatives.

First, VISTAs will dedicate their service to helping establish a program to train and employ low-income veterans in the water or wastewater industry in rural Texas. Under the leadership of Larry Bell, TRWA’s technical assistance director, VISTAs assigned to this program will partner with other Texas organizations to recruit veterans, including those returning from Iraq and Afghanistan, and facilitate their training through TRWA’s operator licensing courses. Upon completion of this curriculum, participants will obtain a “D” operator license and will then be eligible for work. The second phase of the program will pair participants with TRWA member water 14

Quality on Tap! - January/February 2013

systems for on-site training and employment.

VISTAs will be contacting certain members to discuss ways in which the veterans and the systems can work together to cultivate the water and wastewater industry while creating opportunities for economically disadvantaged individuals. Ultimately, the program seeks to establish participating veterans in the industry and poise them for advancement.

Another priority will be efforts that sustain and grow the Foundation itself. With the direction of TRWA’s environmental services director Celia Aguirre, VISTAs will explore avenues for piloting new projects and technologies, secure funding sources for the Foundation and create public awareness campaigns that focus on rural community development and environmental stewardship.

The Foundation’s marketing strategy will also be solidified with the help of these volunteers, so keep an eye out for new branding in the upcoming year.

The third area in which efforts will be focused is the development of new curriculum to add to TRWA’s ever-growing training repertoire. VISTAs will also work with the Texas Commission on Environmental Quality (TCEQ) to approve all course material. Special attention will be paid to courses and resources that can be offered online, thus relieving the financial burden for those who lack the resources to send operators to live training courses. This effort will be driven by Michael Vollmar, TRWA’s professional development and training director.

Facilitating all three initiatives will be a VISTA team leader, an AmeriCorps volunteer who has already successfully served for one year. The team leader will assist with the coordination of the team and all efforts made as part of the program. The leader will also act as a mentor for VISTAs and help them navigate their responsibilities during their term.

All VISTAs have been screened and selected

by TRWA’s VISTA management team, including general counsel and deputy executive director Lara Zent, the designated VISTA program supervisor. She will act as a liaison between the Foundation and AmeriCorps, effectively managing VISTA resources and providing support to the volunteers.

“We are very excited about the enthusiastic and talented young group of applicants we have received. The VISTAs we have selected are excited about our mission and about building these programs for the benefit of rural water systems and the communities that they serve in Texas,” said Zent.

VISTAs will begin their term once they have attended a general AmeriCorps training, scheduled in late February. Those who successfully complete their term will earn a Segal AmeriCorps Education Award, a monetary award that can be used to pay for education costs at qualified institutions, educational training and/or to repay student loans. VISTAs will also receive a living

allowance, healthcare benefits, and other assistance from AmeriCorps while they are in service.

VISTA wages are modest and the cost of living is only getting more expensive, so TRWREF is accepting donations to provide additional forms of assistance to volunteers during their term. We are currently exploring avenues by which we can provide aid, including subsidizing their housing expense.

Because TRWREF is classified as a 501(c) (3) organization, all donations made are taxdeductible. Please visit the TRWA website at www.trwa.org if you would like to make a donation.

Check back in future issues of Quality on Tap! to learn more about our VISTA volunteers.

We will be publishing a feature on them late this spring and will provide quarterly updates on their ongoing activities. You may also get a chance to meet them at the annual TRWA Convention on March 20-22, 2013. For more information on the convention, turn to page 16.

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Quality on Tap! - January/February 2013

15

TRWA’s 44th Annual Convention is Coming to Austin this Spring

By Nickie Morgan, Texas Rural Water Association

I

t’s that time again—time for the most talked about event in the Texas rural water industry! Save the date for March 20-22, 2013 for the Texas Rural Water Association’s 44th Annual Convention.

This year’s convention will be hosted in Austin, TX at the Renaissance Hotel and offers a full program developed specifically for Texas water industry employees and board members. Join us for legislative updates, breakout sessions and workshops on the most pressing topics in the industry, networking opportunities, and that’s just the beginning.

Wednesday morning kicks off with a preconvention golf tournament. This annual event, cosponsored by TRWA and AIA Insurance Agency, will be held at the River Place Country Club. Don’t miss the chance to socialize and compete against other rural water professionals in a fourperson scramble. Tee time is at 8:30 a.m., but get there before 8:00 a.m. to sign in.

Convention attendees can participate in Rural Water Day at the State Capitol on March 20 to meet with state representatives and Awards will be given for longest drive and sit in on committee meetings. closest to the pin. Tickets to participate in the tournament are $95 and include a luncheon and awards ceremony immediately an appointment with your legislator well in following. All proceeds benefit the Rural Water advance to ensure you are able to voice your Political Action Committee (PAC). concerns and needs. Attendees are also invited to sit in on House and Senate committee Concurrently back at convention meetings that will be held throughout the day. headquarters, attendees are invited to enjoy You will get another chance to meet and greet a legislative briefing breakfast to learn about your legislators Wednesday night at the annual the important issues facing rural water during Welcome Reception. This event is included the 83rd session of the Texas Legislature. as part of your registration and is a great TRWA executive director Fred Aus and the networking opportunity to connect with state TRWA lobby team will provide an in-depth look representatives, suppliers, TRWA staff and at proposed changes to current law and will other industry professionals. discuss TRWA’s legislative stance on these issues. After breakfast, catch a complimentary Thursday morning the convention officially shuttle downtown for Rural Water Day at commences with an open general session the State Capitol. This is your opportunity and awards ceremony. Winners of the 2013 to discuss rural water issues first-hand with Excellence Awards and recipients of the your state representatives. Be sure to secure Texas Rural Water Research and Education 16

Quality on Tap! - January/February 2013

Foundation (TRWREF) scholarships will be honored at this time. Three awards will be announced in the categories of manager, operator and office manager/secretary, and a series of scholarships will be granted to both students and operators looking to further their education in the industry.

Following the opening session is the Annual Business Meeting. Attend this meeting for reports from the TRWA board and to learn more about the issues and district elections before the caucuses take place on Friday. Afterward, visit the exhibit hall to see the latest advances in water and wastewater utility technology. This is a great opportunity to visit with vendors face-to-face, participate in hands-on demonstrations and learn about trends in the industry. You can also register for door prizes that are announced throughout the day and participate in silent auctions benefiting the Rural Water PAC.

Friday morning and breakfast refreshments will be served. Fuel up before the district caucuses begin promptly at 8:30 a.m. During the caucuses, each TRWA member system may select one delegate to vote on the issues considered at the convention. This includes district and at-large director positions, as well as proposed resolutions and bylaw amendments. If you are unable to attend, you are still entitled to a vote and may designate a proxy to vote on your water system’s behalf.

To obtain a Proxy Certification Form, visit the TRWA website.

This form must be filled out and returned to TRWA offices or to the Credentials Committee booth at the hotel by 5:00 p.m. on Wednesday, March 20th to be valid.

“Attendees will be able to select sessions of interest in advance, allowing you to tailor your educational program to suit your needs.”

After enjoying yourself at the complimentary Member Appreciation Luncheon, select from a variety of breakout sessions and workshops to keep you engaged throughout the afternoon.

Attendees will be able to select sessions of interest in advance, allowing you to tailor your educational program to suit your needs.

With session topics ranging from disinfection byproduct rules to the Texas Open Meetings Act to long-range planning for water board directors, there really is something for everyone.

Thursday night concludes with a social hour, followed by the Annual Banquet and Live PAC Auction. The banquet includes dinner and live entertainment from comedian Carl Hurley. Also during the banquet, key individuals who have been significant contributors to the PAC will be recognized. The live auction is held each year to help raise money for the Texas Rural Water PAC. Join the excitement and bid on some premium items while simultaneously helping to support rural waters legislative efforts. Be sure to purchase your ticket in advance to attend this popular event.

After the caucuses have concluded, you will get the chance to attend more training sessions for the remainder of the day. Friday’s topics include compensation models for CCNs, using social media to reach customers, tariff service policies and providing fireflow. Select courses will be eligible for TCEQ Operator License Renewal credit. Please see the convention brochure for details.

Convention registration is now open! More details, a full agenda, proxy and delegate forms and extra tickets are available online.

Please book your room by February 21, 2013 and mention the Texas Rural Water Association to receive the group rate at the Renaissance Hotel. For more information or to register, visit the TRWA website at www.trwa.org.

The exhibit hall will reopen at 7:00 a.m. on Quality on Tap! - January/February 2013

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Bolivar Peninsula SUD Benefits from On-Site Training Classes

By Allison Kaminsky, Texas Rural Water Association

B

olivar Peninsula Special Utility District (SUD), based out of Crystal Beach, TX, has had a rough couple of years rebuilding after the record-setting year of tropical storms in 2008. When Hurricane Ike struck the peninsula in September 2008, the SUD was all but wiped out. Many of the residential areas in the district were completely destroyed and over the course of just a few hours, Bolivar Peninsula SUD went from over 6,000 connections to less than 300.

Jo Ball, general manager, has been with Bolivar Peninsula SUD for the past three years, and over that time they have made strides in cleaning up and repairing their system. The SUD now services more than 10,000 people through over 3,000 connections and continues to work to restoring the system. They are currently finishing installing hydrants and are on schedule to finish rebuilding one of their water treatment plants in mid-January. Things are looking up for the system, though every penny counts as they continue to rebuild after the devastation.

Out of the 14 employees at Bolivar Peninsula SUD, 11 are licensed operators.

In order for staff to get the continuing education training they need, the system has become an area provider for TRWA operator training classes. Area training providers are systems that act as a host for TRWA classes and offer TCEQ-approved courses for staff and surrounding area utility operators. In 2012 alone, the SUD hosted three TRWA training classes at their offices, including Surface Water Production 1, Customer Service Inspections and Chlorinator Systems and Chemical Handling (i.e. Chlorinator Maintenance).

“When we send our staff out for training courses, the cost of hotel and food is a huge burden on our budget. Hosting a class on site is a big relief financially,” said Ball in an interview.

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Quality on Tap! - January/February 2013

He went on to explain that the overall staff time involved in scheduling and promoting the class was minimal, and only takes a cumulative total of about eight hours of staff time per course, including phone calls, letters, e-mail and word of mouth to promote the class to systems from surrounding areas.

“Not a whole lot of people are hosting in this area anymore,” said Ball. “That being said, even if we cannot meet the 14-student minimum, it’s worth it for us to pay the difference because it’s so beneficial cost-wise.”

TRWA requires a minimum number of students to host classes at a requesting system. Day classes need 14 students and night classes need 16 students to qualify.

These students do not need to be TRWA members and can be from neighboring utilities.

Other requirements are for the system to have an adequate classroom facility, a large writing surface, and a local coordinator who will lead registration and promotion of the class in the surrounding areas. Host systems are also requested to provide some type of drinks and refreshments for the class.

So far, Bolivar Peninsula SUD’s operators who have tested for their license have had a 100 percent success rate. Ball believes this is because the format of classes allows staff to have one-on-one attention from the instructors, all of which have been in the industry for a number of years and bring field experience into the classroom. Classes are tailored to different styles of learning and can benefit new and experienced employees alike.

“I prefer TRWA over other training providers because they have a family feeling. Staff isn’t just stuck in a class all day, and TRWA adds a bit of humor to the mix. They even took a class on a field trip to a water treatment plant. My staff enjoyed it very much,” said Ball.

Still recovering from Hurricane Ike, Bolivar Peninsula SUD is on track to finish rebuilding one of their water treatment plants in January 2013.

When asked what the water board thought of being an area training provider, Ball said they fully support the decision because budgets are tight, and on-site training relieves the financial burden associated with travel. In addition to cost savings, the system benefits from having all staff on site and on-call in case of an emergency.

“For me it has been a pleasure to have worked with Jo Ball in setting up and conducting these classes. As Jo stated, it really does not take much time or work to schedule and host a class. Whenever I work with a system on setting up a new class, I try to get the host system to think in terms of ‘what does my staff need for the next twelve months and what classes do the surrounding utilities need so they too can send operators to our classes?’ By doing such it will benefit everyone

involved,” said Michael Vollmar, professional development and training director for TRWA. Bolivar Peninsula SUD will continue to host TRWA training classes in the future, but any utility may request a course to be taught in their area of Texas. Operator training courses focus on water, wastewater and CSI topics, and classes range from eight to 40 hours. For a full list of courses offered, visit the TRWA website for the 2013 training calendar. If you are interested in hosting a class, contact the TRWA training department at Training@ trwa.org or visit www.trwa.org for a Course Request Form.

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Consultants 972.784.7777 —————————— www.dbiconsultants.com Quality on Tap! - January/February 2013

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Is the Tank Contaminating the Water?

By Erika Henderson, Pittsburg Tank & Tower Company

M

any water system operators realize the risks for contaminated water, but pathogenic microorganisms that create water borne diseases are still sometimes found in public water systems. Pathogenic microorganisms are in human and animal feces, and they invade the body when water contaminated with them is consumed. An infection is often created by the bacteria, virus, fungi or protozoa. These infections can spread rapidly, and sometimes even create an epidemic. So how do these pathogenic microorganisms get into the drinking water system? Is there anything that can be done to prevent their invasion?

Water is treated and tested for microorganisms during the water treatment process. But, if the clean and healthy water is stored in a contaminated water tank, then all the water becomes contaminated, and people’s lives may be put at risk. If the water stored in the water tank is not tested and treated regularly, then the risk for waterborne diseases increases. But how did the water in the tank become contaminated if only healthy treated water is stored there?

Something as simple as a damaged screen on a vent or overflow pipe could allow the water in the tank to become contaminated.

Birds and insects can easily get into a tank through a defective screen. If birds are in the tank, then there are also bird feces and probably dead birds in the tank. The dead birds and insects attract other animal and, before long, the water tank could contain a party of growing bacteria and toxins created from the feces and decomposing animal parts. The most disturbing part is that, usually, a damaged screen is not noticed until an inspection is performed on the water tank. E-coli, Cholera, Dysentery, Salmonellosis, Campylobacteriosis, Leptospirosis, Botulism and Vibrio are just some bacteria that could be present in the tank water.

Tank openings and animals are not the only way the water in a water tank could become contaminated. Stagnant water containing para20

Quality on Tap! - January/February 2013

sites can also cause parasitic infections to occur in those who encounter the contaminated water. Dracunculiasis, Taeniasis, Fasciolopsiasis, Hymenolepiasis, Echinococcosis, Coenurosis, Ascariasis and Enterobiasis are parasitic infections that could occur from stagnant water. Stagnant water can occur in water that has become stratified or separated into layers.

These layers are normally arranged according to density, with the least dense and warmer water sitting above the denser cooler layers of water coming in. The layers are caused by differences in temperature, pressure and pH. These unmixed layers cause water quality to deteriorate and age, increasing bacterial growth.

Many water tanks are getting mixing systems installed to prevent this stratified water.

Water temperature can be checked every five feet during the inspection to determine whether stratification is a problem. If a mixing system is needed or desired, it should be designed according to the tank’s unique dimensions and needs. Water from the bottom of the tank should be pulled to the surface and mixed with the incoming water. This process should increase contact time and prevent the development of biofilms. It should also reduce the level of trihalomethane (TTHM) and halo-acetic acids (HAA), which are formed easily by chlorination in slightly acidic water or water with high organic matter content and elevated temperatures.

Deaths and illnesses occur daily from unhealthy water, and water operators can lose their license to operate a water system if unhealthy water is found in their system. The best way to prevent the spread of infection and diseases linked to drinking water is to have public water storage tanks inspected, cleaned and disinfected regularly to prevent the growth of pathogenic microorganisms. America Water Works Association (AWWA) states that, “Tanks should be washed out and inspected at least once every three years, and where water supplies have sediment problems, annual washouts are recommended” (AWWAM42-88).

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Ask Larry

Q

A Q&A column with TRWA Technical Assistance Director Larry Bell

We have a customer who has his meter inside a fence. There is an automatic gate that only works by remote and we do not have access to it. The customer says there is a gate at the back of his property (more than 500 feet away). He does not want us to move the meter outside the fence for safety reasons. He has offered to buy a ladder, but does not want it left all the time, only when the meter is read. My question is what is considered “access”?

We have several customers who have gates at the back of their homes and their homes are built at least 500 feet off the road.

A: Your question is very common for all rural and some urban systems. What a system considers to be reasonable “access” may vary.

You should always keep the safety of your employees in mind and act within the law.

Requiring employees to climb ladders to get over fences or traverse 500 feet of property may not be reasonable access for your system

and could be considered denial of access.

There is also a concern about whether your easement allows system personnel to traverse 500 feet of the owner’s property. If not, then the system could be charged with trespassing.

The TRWA Sample Tariff at Section E.27 addresses this issue and follows the Texas Commission on Environmental Quality (TCEQ) Chapter 291 rules about the system’s ability to access a meter for repairs and normal service. The sample tariff allows the system to estimate a bill and notify the member of the estimate if meter access is hindered or denied.

The sample tariff also allows service to be disconnected, after notice, if access is denied for three consecutive months.

For customers who have their homes 500 feet or more off the road, meters may be relocated to the edge of the customer’s property instead of at the house. If the main water line(s) are near the public roads, then the system may offer to move the meter down

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Quality on Tap! - January/February 2013

to the road. This has an added benefit that the customers will be required to maintain their own service lines from the meter to their houses.

Some systems try to solve this issue by installing remote read meters (AMR) that allow the employee to “drive by” all the meter locations and the meters transmit the readings to a base unit in the vehicle. This only works for meter reading and does not solve the issue of access for repairs and emergencies.

Other possible solutions the system may suggest to the customer are: move the fence back so the meter is outside the fence; install a separate gate at the location of the meter; or provide a key or code so the meter reader or repair crew can access the water line and meter 24/7.

It is best to work with your customers so that a reasonable solution can be found. Your board should look at all the different “access” related issues at customer locations and define in your tariff what the system considers to be reasonable access to the meters.

Q: We received a notice from our local city for an incident that took place four months ago. A city representative told us it is not necessary for us to do anything as a result of this notice. I want to be certain that our water supply corporation (WSC), which receives retail service from the city at the office and purchases wholesale water from the city, is in compliance and whether we need to notify our retail customers. Here is the notice below: “Routine Monitoring Violation Total Coliform Rule The city failed to collect the required number of bacteriological samples for coliform monitoring of the water distribution system in September 2012. This monitoring is required by TCEQ’s Drinking Water Standards and the federal “Safe Drinking Water Standards” and the federal “Safe Drinking Water Act,” Public Law 95-523.

Bacterial samples are used to monitor water quality and indicate if the water is free Continued on page 24 Quality on Tap! - January/February 2013

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Continued from page 23

of coliform bacteria. Our water system is required to submit three (3) bacteriological samples each month. Failure to collect all required bacteriological samples is a violation of the monitoring requirements and we are required to notify you of this violation.”

A: TCEQ requires any public water system that does not take the required samples or finds bad samples during testing to provide this notice to its retail customers. It does not necessarily mean there was a violation of the coliform standards. As long as the WSC’s samples during that period of time showed no violations, you were not required to notify your customers. Receiving this notice from the city does not automatically trigger any notice requirements for the WSC to its customers.

Q: One of our members has offered to read meters each month for free. Is this legal or what problems could this create?

A: This is commendable for a system member to agree to read all the meters for your system at no cost.

I am not aware of any legal or state regulations that would prohibit this, but I caution your board to look at every conceivable contingency and try to address them before agreeing to this free meter reading offer. The system needs to be aware of the potential liability issues with such an arrangement and should contact the system’s insurance provider to find out what, if anything, would be covered if the person is injured while reading meters or causes an accident or damages some customer’s property.

should he interpret this agreement to read the meters as having free reign to the system’s facilities.

The nagging question I have is what is the motive for this charity act and how long will it take for the fun to wear off? With this person not being an employee or contractor, exactly what leverage does the system use to require the meter readings to be delivered on time and accurately? How do you protect the integrity of the system when you do not know the background or intent of the person performing the volunteer work?

There are many points that need to be addressed before agreeing to this offer.

If you have a technical question you would like answered, please e-mail Larry.Bell@trwa. org.

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You also should consult your system attorney so an agreement can be developed to set out the scope of volunteer work, as well as the timeliness of these meter readings if you decide to enter into this free meter reading arrangement.

Would the individual use the company vehicle or his own? Again this is an insurance issue to address with your insurance carrier.

Would this person also have access to the system office or have keys to the water plants?

If so, that is another major concern for liability 24

Quality on Tap! - January/February 2013

Represented By: Chlor-Serv, Inc. 107 Tradesman Drive Hutto, Texas 78634 T: +1 512 992 7473 E: chris@chlorserv.com www.chlorserv.com

Quality on Tap! - January/February 2013

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Advertiser Index AIA Insurance Agency........................................... page 9 Blue Earth Labs.............................................. back cover Caldwell Tanks...............................................................25 Capps Insurance Agency.............................................. 11 Childress Engineers...................................................... 11 Chlor-Serv, Inc. .............................................................24 Daniel & Brown, Inc.......................................................19 DeepSouth Coatings.....................................................22 DN Tanks........................................................................23 Dunham Engineering......................................................8 Hayes Engineering........................................................25 Jim Cox Sales, Inc. .......................................................15 J.F. Fontaine & Assoc., Inc...........................................17 Layne................................................................................8 Pittsburg Tank & Tower Maintenance Co., Inc............19 Russell Drilling Co., Inc................................................25 Smith Pump Company, Inc...........................................25 Tank Builders, Inc. ........................................................11 TraC-N-Trol, Inc................................................................8 Velvin and Weeks..........................................................25

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Quality on Tap! - January/February 2013

Plan Ahead CONFERENCES:

January 24-25, 2013

Water Law Conference, Omni Austin Hotel Downtown, Austin, TX

March 20-22, 2013

Annual Texas Rural Water Association Convention, Renaissance Austin Hotel, Austin, TX

June 20-21, 2013

Office Professionals Conference, Omni La Mansión del Rio, San Antonio, TX

OPERATOR TRAINING COURSES: Water Credit Courses

Basic Water Works Operations: Brownwood, January 29-31  San Antonio, January 30-February 1  Harlingen, February 12-14  Sherman, February 26-28 Customer Service Inspections: Quitman, January 16-17  San Antonio, February 26-27  Meadowlakes, March 12-13  McKinney, March 26-27 Groundwater Production: Sherman, March 19-21 Surface Water Production 1: San Antonio, February 13-15 Water Distribution: Bowie, January 15-17  San Antonio, February 20-22  Harlingen, March 12-14  Springtown, March 26-28 Water Technology: Harlingen, February 4-8  Quitman, February 25 - March 1

Water and Wastewater Credit Courses

Chlorinator Maintenance: Sherman, January 23-25 Pump & Motor Maintenance: San Antonio, January 16 - 18  Mesquite, March 26-28 Valve and Hydrant Maintenance: San Antonio, March 6-8  Greenville, January 23-25 Water Utility Management: New Braunfels, January 29-31  San Antonio, March 13-15 Water Utility Safety: Mesquite, February 12 - 14  San Antonio, March 20-22

Wastewater Credit Courses

Basic Wastewater Operations: San Antonio, February 6-8 Wastewater Collections: Bowie, March 5-7

Quality on Tap! - January/February 2013

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