Nov/Dec Quench - with active links

The TRWA Membership Drive is Now Underway

Also Inside:

Variable Frequency Drive Controls and Energy Efficiency Savings In Memoriam: TRWA Remembers Leaders in Texas Rural Water November / December 2017 www.trwa.org

TRWA Today

TRWA Board of Directors

Leadership Team

Lara Zent Executive Director and General Counsel

Lisa Adams Foundation Development Director

Pat Allen President

Larry Bell Technical Assistance Director

Guadalupe (Dist. 9)

Celia Eaves Professional Development and Training Director Brian Macmanus Vice President

Janice Gibbs, CPA Finance Director

Cameron (Dist. 6)

Allison Kaminsky Communications and Information

Chris Boyd Secretary Technology Director

Denton (Dist. 3)

Jason Knobloch Environmental Services Director

Angela Russell, CMP Member Services Director

Barry Miller Treasurer

Erin Selvera Legal and Legislative Services

Gonzales (Dist. 5) Director

Clay Hodges Immediate Past President Office Staff Hunt (Dist. 7)

Melody Bennett Project Support Specialist District Directors

Pam Cantrell Accounting Support Specialist

Finley Barnett Taylor (Dist. 1)

Kelsey Copeland Communications Assistant

Jenna Genson Course Development Specialist Bruce Alexander Medina (Dist. 2)

Patti Flunker Executive/Legal Assistant Delores Atkinson Lampasas (Dist. 4)

Angela Harris Project Support Specialist

Vacant Assistant Projects Manager, Charles Beseda Hill (Dist. 8) Environmental Services

Ariane Walker Training Support Specialist

Kent Watson Brazos (Dist. 10)

Amanda Wilson Administrative Assistant

Kevin Spence Franklin (Dist. 11)

Officers

Vickie Armstrong Kaufman (Dist. 12)

Robert Nettles Walker (Dist. 13)

Rhonda Shaw Rusk (Dist. 14)

Established in 1969, the Texas Rural Water Association (TRWA) is a statewide nonprofit trade association with an active membership consisting of approximately 750 nonprofit water supply corporations, water districts, small-town water departments and investor-owned utilities.

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, operators and office professionals provide efficient service and clean, safe drinking water to their customers. Through onsite 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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Quench — November / December 2017

Field Staff

Thomas Acker, Jr.

Michael Beadnell

Nathan Cantrell

Alex Eaves

Paul King

Deborah McMullan

Steven Mindt

Charles Perkins

Bruce Pearson

Refugio Rodriguez

James Smith

Quentin Turner

William White

Instructor Instructor Wastewater Technician Wastewater Technician Circuit Rider Source Water Protection Specialist FMT Specialist Circuit Rider Instructor FMT Specialist Circuit Rider FMT Specialist Assistant Technical Assistance Director

Contact the Editor Editorial and advertising inquiries may be directed to the Editor, Allison Kaminsky, at 512-472-8591 or editor@trwa.org.

Join the conversation at: www.facebook.com/TexasRuralWaterAssn Find us at @TexasRuralWater and @TRWALegislative for industry and legislative news relevant to you!

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In Every Issue: Letter from the President Letter from the Executive Director Ask Larry

Keep it Legal

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Answers to your legal questions

Advertiser Index Plan Ahead

TRWA’s Calendar of Events

The TRWA Membership Drive is Now Underway

By Angela Russell, Texas Rural Water Association It's time to renew your system's membership to TRWA for 2018.

Technical Assistance Corner — Representative Sampling: Calculated Flush Time

By Celia Eaves, Texas Rural Water Association Effective sampling is important in the rapid detection, identification and response to potential pathogens and harmful chemicals and toxins in water.

Accepting Applications for 2018 Texas Rural 10 Now Water Foundation Scholarships

The application window is now open for TRWF's Student and Professional Scholarship programs.

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Understanding Closed Systems

20

From the Hole

31 31

22

Variable Frequency Drive Controls and Energy Efficiency Savings

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New Contracting and Investing Requirements for Districts

By Erin Selvera, Texas Rural Water Association House Bill 89 went into effect September 1, 2017, and affects all political subdivisions, including districts.

4 5 16

Answers to your technical questions

Features:

By Nathan Cantrell, Texas Rural Water Association Once a backflow prevention device is installed at the meter, you create what is called a closed system.

By Michael Beadnell, Texas Rural Water Association TRWA Instructor Michael Beadnell visits San Antonio's Dos Rios wastewater treatment plant to teach Wastewater Technology.

By Charles Perkins, Texas Rural Water Association Read more for how you can save on your energy bill by using Variable Frequency Drive Controls at your system.

In Memoriam: TRWA Remembers Leaders in Texas Rural Water Over the past year, we have lost some great men and women. Join us in remembering these extraordinary contributors to our industry.

TRWA Briefs

Pass the Hat for PAC Campaign a Success; Renew Your Quench Subscription in 2018; Updates from the TRWA Legal Department.

O n the C over : "The Calm Before the Storm," Marlyss Brightwell, PH 2OTOSTREAM 2017 Rural Texas Water Category Finalist Quench — November / December 2017 3

President’s Message

Greetings Friends and Neighbors, By the time you read this issue of Quench, Thanksgiving will have passed and taking its place will be Christmas celebrations being anticipated and praised, as the end of 2017 is just around the corner. It has been a busy year, and the time has passed quickly.

Work is ongoing and progress continues at your Texas Rural Water Association, as discussions continue with legislators both in Austin and at offices in their hometowns. The 2017 Interim Legislative Charges were issued in October and the TRWA legislative team was able to get our two key issues, CCN decertification and groundwater permitting, on the list. I hope all of you are finding ways to build a relationship with your representatives and senators. They can’t help if they don’t know who we are!

“Let's get out there and be acknowledged by the legislators and educate them about the rural water family and the very folks that make it great.”

Let’s get out there and be acknowledged by the legislators and educate them about the rural water family and the very folks that make it great.

TRWA was recognized for Outstanding Achievement in Training at the National Rural Water Association Tribute to Excellence ceremony during the WaterPro 2017 conference in Reno, Nevada. TRWA staff and board members we present to accept the award. Congratulations to Lara and all of the TRWA staff for this achievement. We are lucky to have such professional and dedicated employees that make these awards and level of recognition possible. I am proud to be associated with you.

2018 is expected to be another busy year, and it too will pass by quickly!

So be prepared, be safe and I hope to see you soon.

It’s a Great Day to be a Texan!

Best Regards,

Pat Allen President Texas Rural Water Association

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Quench — November / December 2017

Letter from the Executive Director

In preparing for our December board meeting, I was doing a lot of reflecting on 2017 and planning for 2018. I’m proud of everything that our team accomplished this last year and look forward to the opportunities that lie ahead.

In 2017, we lost some good friends who had a great impact on our Association and on me personally, including Dwayne Jekel and Ken Petersen. We are honoring dedicated individuals who were part of our rural water community and who recently passed in this issue of Quench.

Reflecting on 2017, we launched our leadership development program which we are very proud of. We are taking steps to cultivate the future leaders of our industry and of our Association. I was inspired by each of these individuals who implemented a local project as part of this program to engage fellow member systems and their communities. The graduates of our first class will be honored at our 2018 RuralWaterCon in Ft. Worth.

We have raised a record amount of money for our PAC this year thanks to your contributions and local efforts at your water system meetings.

With these contributions, we are able to make a big impact in supporting candidates who are leaders on water policy and who understand and support our issues and concerns.

Our training department has been releasing new online classes which we will continue producing in 2018. These classes utilize the latest interactive technologies and provide a convenience that our members have asked for.

Our Foundation has worked hard to place veterans in job positions with rural utilities and to educate systems on how to become On-the-Job Training Providers. In 2018, we plan to expand our Rural Water Workforce Initiative by working with community colleges and vocational high schools to incorporate water and wastewater curriculum into their programs.

“I'm proud of everything that our team accomplished this last year and look forward to the opportunities that lie ahead.”

In 2018, if we receive enough commitments, we plan to launch a consumer magazine, similar to the Rural Electric Coop magazine, to educate consumers about our industry and to offer a high-quality public relations tool to our members. We also plan to begin offering a GIS mapping service.

Please contact us if you are interested in either of these two initiatives.

Our Board adopted our Legislative Policy Positions for the 86th Session and the 2017-2018 Interim, prioritizing again working to reform the CCN decertification and groundwater permitting laws.

I’m looking forward to working with you in 2018 and seeing you at our conferences! I wish you all a wonderful holiday season!

My best,

Lara Zent Executive Director and General Counsel Texas Rural Water Association Quench — November / December 2017 5

O

ne of the numerous benefits of a membership with the Texas Rural Water Association you hold in your very hands — our bimonthly magazine, Quench.

Year by year, our magazine has become more and more popular, thanks to you, our loyal readers!

To ensure the continued success of Quench, we have decided to implement a new subscription process for 2017. This will help us speak to the increased demand and associated production costs by ensuring an accurate and manageable distribution list.

Your membership with TRWA will continue to include complimentary subscriptions to Quench: •

Regular Utility Members — Up to five (5) complimentary subscriptions

•

Associate Members — One (1)

•

Use our online form: TRWA's website now has an online subscription form, accessible by clicking the “Publications” tab on our menu. With this form, you can update your system's list to reflect who you'd like to receive the included subscriptions, as well as purchase any additional subscriptions you may want to add to your account.

•

Download a form: You may also download the form from our website, fill it out and send it to editor@trwa.org, or fax it to (512) 472-5186.

We will issue your system’s complimentary copies of Quench to the main mailing address for your utility, beginning with our January/February issue, until any updates are received.

If you have any questions or if this new subscription process creates a financial hardship for your system, please contact us at editor@trwa.org or call (512) 472-8591.

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Quench — November / December 2017

The TRWA Membership Drive is Now Underway

By Angela Russell, Member Services Director, Texas Rural Water Association

I

t’s time to renew your system’s TRWA membership for 2018. If you are a current TRWA Member, you will have received your renewal statement in the mail. If you have not received a statement, please email membership@trwa.org. Be sure to renew

by March 30, 2018, in order for your system to be eligible to vote at TRWA RuralWaterCon in April.

TRWA Members receive many benefits for their membership fees, including: •

Legal Services: A full-time attorney responds to questions from member systems relating to legal issues faced by water utilities and consults on water law issues. TRWA maintains a legal defense fund to assist members with representation regarding issues with a statewide impact.

•

Technical Assistance: TRWA field representatives provide training and on-site technical assistance to TRWA members on issues such as preventative maintenance, leak detection, water audits, rate analysis, budgeting and management.

•

Education and Training: Members benefit from TRWA’s comprehensive technical training program for water and wastewater operators, managers and board members.

Most of our courses are approved for TCEQ operator license credit, and TRWA’s operator certification program provides training for obtaining or renewing state water and wastewater operator licenses.

•

Resources: TRWA provides resources to keep its members informed, including manuals and training materials, and legal resources, such as sample personnel policies, service policies, board policies, and a sample tariff.

•

Advocacy: Members’ interests are represented at the state and federal level by TRWA’s lobby team, which works to influence legislative and regulatory issues that impact water systems.

•

Discounts and more: TRWA members also receive discounts to RuralWaterCon, the Technical and Training Conference, Office Professionals Conference, Water

Districts Conference and Fall Management Conference, as well as a subscription to Quench, TRWA’s award-winning magazine.

Associate Members will have more opportunities to interact with systems at the 2018 conferences, and will receive recognition through additional event sponsorship opportunities.

TRWA is dedicated to providing training, technical and legal assistance to our members. TRWA is proud to be one of the preeminent water and wastewater trade associations in the nation.

If you have questions about membership or need assistance logging in to our website, please contact our Member Services Department at (512) 472-8591 or by email at membership@trwa.org.

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Technical Assistance Corner — Representative Sampling: Calculated Flush Time

By Celia Eaves, Professional Development & Training Director, Texas Rural Water Association

T

he integrity of the distribution system is one of the most important and the last barrier that protects drinking water from contamination.

Effective water treatment at the plant and regulations can protect public drinking water supplies, but there are still opportunities for water quality to change after it enters the distribution system because of a potential breakdown in the distribution system physical or chemical barriers, or both. Effective sampling is important in the rapid detection, identification and response to potential pathogens and harmful chemicals and toxins.

provide for better process control decisions. Many factors can contribute to data quality including proper analytical methodology and equipment maintenance and calibration, but the focus is first on conducting representative sampling using calculated flush time (CFT).

Water quality within the distribution system varies spatially and over time. The purpose of sampling is to characterize the water quality within the distribution system at specific locations. The sample collected and analyzed should represent the water from the main in the vicinity of the sample site and thus Representative Sampling: Flush Time The EPA Distribution systems can be incorrectly viewed as be representative ofCalculated that water quality. passive systems that merely convey drinking-water Technical Support Center developed a method for that calculates a pre-sample flush time (Calculated Flush Time, CFT) to ensureflush that water from the plant to the customer. However waterborne sampling that calculates a pre-sample timebeing sampled is from the main in the area of the sample location. Under-flushing a tap may result disease outbreaks have been attributed to distribution (Calculated Flush Time, CFT) to ensure that water in sampling from the service line and over-flushing may result in sampling from another part of system breakdowns, as seen in research conducted being sampled from the main in the area of the the system. CFT ensures that neither over- nor is under-flushing is occurring. by the Centers for Disease Control and Prevention sample location. Under-flushing a tap may result in CFT method for tap and hydrants is outlined as follows: and summarized by the U.S. Environmental sampling from the service line and over-flushing may Tap Sampling Protection Agency.

Figure 1 Cross-connections, leaks 1. Determine the calculated flushing time (CFT) based on an estimate of the pipe length, diameter, and flow rate. This includes a safety factor of 2 (flushing two pipe volumes). and water main breaks and low water pressures are common Flush Time in Minutes at 2 gpm (Time shown in minutes for flushing two (2) pipe volumes) distribution failures that can cause outbreaks, but some events can arise in the absence of these Length Inside (Nominal) Diameter of the Service Line Pipe (inches) of Pipe physical defects. Pathogenic (ft.)

3/4 1/2 5/8 ž 1 1 1/2 2 2 1/2 3 4 microorganisms can grow in 0.02 0.01 0.02 0.02 0.04 0.09 0.2 0.3 0.4 0.7 1 biofilms within the distribution 0.11 0.05 0.08 0.1 0.2 0.5 0.8 1.3 1.8 3.3 5 0.23 0.10 0.16 0.2 0.4 0.9 1.6 2.5 3.7 6.5 system. It is important once water 10 0.34 0.15 0.24 0.3 0.6 1.4 2.4 3.8 5.5 9.8 15 enters the distribution system 0.5 0.2 0.3 0.5 0.8 1.8 3.3 5.1 7.3 13.1 20 to maintain water quality and 0.6 0.3 0.4 0.6 1.0 2.3 4.1 6.4 9.2 16.3 25 minimize the risk of contamination 0.7 0.3 0.5 0.7 1.2 2.8 4.9 7.6 11.0 19.6 30 and deterioration of quality during 0.8 0.4 0.6 0.8 1.4 3.2 5.7 8.9 12.9 22.8 35 transport. Water quality monitoring 0.9 0.4 0.6 0.9 1.6 3.7 6.5 10.2 14.7 26.1 40 not only ensures the effectiveness 1.0 0.5 0.7 1.0 1.8 4.1 7.3 11.5 16.5 29.4 45 of source water treatment 1.1 0.5 0.8 1.1 2.0 4.6 8.2 12.7 18.4 32.6 50 processes but is also necessary to 1.3 0.6 0.9 1.3 2.2 5.0 9.0 14.0 20.2 35.9 55 1.4 0.6 1.0 1.4 2.4 5.5 9.8 15.3 22.0 39.2 determine the extent of possible 60 1.5 0.7 1.0 1.5 2.7 6.0 10.6 16.6 23.9 42.4 65 contamination during an event.

Appropriate water quality sampling is important to ensure sample results are representative of the water being tested but also so that data collected will be accurate and meaningful and 8

Quench — November / December 2017

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1.6

0.7

1.1

1.6

2.9

6.4

11.4

17.8

25.7

45.7

75

1.7

0.8

1.2

1.7

3.1

6.9

12.2

19.1

27.5

49.0

80

1.8

0.8

1.3

1.8

3.3

7.3

13.1

20.4

29.4

52.2

85

2.0

0.9

1.4

2.0

3.5

7.8

13.9

21.7

31.2

55.5

90

2.1

0.9

1.4

2.1

3.7

8.3

14.7

22.9

33.0

58.8

95

2.2

1.0

1.5

2.2

3.9

8.7

15.5

24.2

34.9

62.0

100

2.3

1.0

1.6

2.3

4.1

9.2

16.3

25.5

36.7

65.3

2. Open the tap, start the timer and verify that the flow is at the desired rate. A flow-regulating device may also be used. For taps, flow rates should range between 1.2 and 2.8 gpm, but should be as close

1. Determine the CFT based on an estimate of the pipe length, diameter, and flow rate. This includes a safety factor of 2 (flushing two pipe volumes).

result in sampling from another part of the system. CFT ensures that neither overnor under-flushing is occurring.

CFT method for tap and hydrants is outlined as follows:

Figure 2

Flush Time in Minutes at 20 gpm (Time shown in minutes for flushing two (2) pipe volumes)

Length of Pipe

Tap Sampling

(ft.)

1. Determine the calculated flushing time (CFT) based on an estimate of the pipe length, diameter, and flow rate. This includes a safety factor of 2 (flushing two pipe volumes). (See figure 1).

2. Open the tap, start the timer and verify that the flow is at the desired rate. A flow-regulating device may also be used. For taps, flow rates should range between 1.2 and 2.8 gpm, but should be as close to 2 gpm as possible. If not using a flowregulating device, the flow should be verified by timing the filling of a container of known volume (i.e., a 1-liter bottle fills in 8 seconds at 2 gpm).

3. Collect a water sample after the tap has been running for the CFT. Hydrant Sampling

Inside (Nominal) Diameter of the Fire Hydrant/Pipe (inches) 2

4

6

8

12

16

1

0.0

0.1

0.1

0.3

0.6

1.0

5

0.1

0.3

0.7

1.3

2.9

5.2

10

0.2

0.7

1.5

2.6

5.9

10.4

15

0.2

1.0

2.2

3.9

8.8

15.7

20

0.3

1.3

2.9

5.2

11.8

20.9

25

0.4

1.6

3.7

6.5

14.7

26.1

30

0.5

2.0

4.4

7.8

17.6

31.3

35

0.6

2.3

5.1

9.1

20.6

36.6

40

0.7

2.6

5.9

10.4

23.5

41.8

45

0.7

2.9

6.6

11.8

26.4

47.0

50

0.8

3.3

7.3

13.1

29.4

52.2

55

0.9

3.6

8.1

14.4

32.3

57.4

60

1.0

3.9

8.8

15.7

35.3

62.7

65

1.1

4.2

9.5

17.0

38.2

67.9

70

1.1

4.6

10.3

18.3

41.1

73.1

75

1.2

4.9

11.0

19.6

44.1

78.3

80

1.3

5.2

11.8

20.9

47.0

83.6

85

1.4

5.5

12.5

22.2

49.9

88.8

90

1.5

5.9

13.2

23.5

52.9

94.0

95

1.6

6.2

14.0

24.8

55.8

99.2

100

1.6

6.5

14.7

26.1

58.8

104.4

1. Determine the CFT based on an estimate of the pipe length, diameter, and flow rate. This includes a safety factor of 2 (flushing two pipe volumes). (See figure 2).

2. Open the hydrant, start the timer and verify that the flow is at the desired rate. A flowregulating device may also be used. For hydrants, flow rates should range between 10 and 30 gpm, but should be as close to 20 gpm as possible. If not using a flow-regulating device, the flow should be verified by timing the filling of a container of known volume (i.e., a five-gallon bucket fills in 15 seconds at 20 gpm).

the distribution systems and should not be confused with flushing, a normal operations activity whose goal is to remove aged water (as well as remove debris and sediment from the line) and replace with fresh high-quality water from other areas in the distribution system. Representative sampling develops water quality data and trends over time and provides a basis for assessing performance.

If you have questions about this article, please call us at (512) 472-8591.

3. Collect a water sample after the water has been running for the CFT. Using the guidelines presented, a system can increase the likelihood that the sample will be taken from the proximity of the sample location and that will be representative of water quality at that location. The goal of the guideline is to establish a consistent, technically sound approach for collecting representative water quality samples in Quench — November / December 2017 9

Now Accepting Applications for 2018 Texas Rural Water Foundation Scholarships

W

e are now accepting applications for the Texas Rural Water Foundation’s 20182019 scholarship program. Whether you are a student looking to pursue higher education, or you are system personnel pursuing continued education and career advancement, we encourage you to take advantage of one of these opportunities.

Student scholarships are designed to help defray the costs of tuition, books and/or room and board for the recipient. These funds are our investment in the future of water and wastewater industry in rural Texas. We encourage children of TRWA member system board members and staff, as well as other interested students, to apply. We are particularly interested in supporting students who seek a career relating to the water and/or wastewater industry or that will support rural Texas.

Former student scholarship recipients are invited to apply for a continued scholarship for additional funds. To be eligible, these applicants must provide transcripts to demonstrate that they are in good academic standing.

If you are an employee of a system interested in pursuing continuing education and career advancement in the water and/or wastewater industry, we encourage you to apply for our Professional Scholarship. This scholarship supports industry professionals who receive reimbursement for their attendance and completion of a TRWAapproved operator certification course (minimum 20-hour course), conference or for admission to the TRWA Emerging Leaders Program. For a list of courses available, please visit www.trwa.org.

Each TRWA member system should have received at least one packet containing the application forms for both the Student Scholarship Program and the Professional Scholarship Program.

If you or someone you know is interested in applying, please ask your general manager for the desired packet. These application forms, along with eligibility information, are also available online and for download at www.texaswrf.org. Please share these opportunities with your peers and community members who may benefit from one of these programs.

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The number of scholarships awarded will be based on the number of qualified applicants and the amount of funds available. Students will receive a total of $1,000 per school year, and professional scholarship recipients will be reimbursed for up to $400, paid directly to the recipient for attendance and completion of an approved course, conference, or program in 2018. All recipients are required to provide TRWF with proof of registration and completion in order to receive payment.

Please note that scholarship applications must be received at TRWA’s office by 5 p.m. on Wednesday, February 5, 2018. All instructions must be followed and the application must be completed in its entirety at the time of mailing in order to be considered. Scholarship recipients will be first announced at RuralWaterCon 2018 in Austin, and will be subsequently notified by mail with information on how to receive payment. Recipients will also be recognized in the spring issue of Quench.

If you have questions about the TRWF Scholarship Programs, please contact us at 512472-8591 or email us at foundation@texasrwf.org.

Quench — November / December 2017 11

New Contracting and Investing Requirements for Districts

By Erin Selvera, Legal & Legislative Services Director, Texas Rural Water Association

H

ouse Bill 89, signed into law during the 85th Legislative Session and effective September 1, 2017, prohibits all political subdivisions, including districts, from signing a contract for goods or services unless the contract contains a written verification from the company that it does not boycott Israel and will not boycott Israel during the term of the contract. Additionally, this bill also requires the Texas Comptroller of Public Accounts to prepare and maintain a list of all companies that boycott Israel. As of November 13, 2017, the Comptroller’s list contains two company names.

companies that engage in business with a foreign terrorist organization. As of November 13, 2017, the list of designated Foreign Terrorist Organizations contains 61 organizations.

The Texas Comptroller’s website contains links to the lists, pending list and pending guidelines for investing at https://comptroller.texas.gov/purchasing/ publications/divestment.php.

The bill defines “company” broadly to include a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership or limited liability company, including a wholly-owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exists to make a profit. Most entities contracting with our district members will need to provide the verification. The bill authorizes the attorney general to bring any action necessary to enforce the prohibition on investment in companies that boycott Israel.

Another change in the law, Senate Bill 252, prohibits a governmental entity, which includes districts, from entering into any contract for an improvement, service, public works project, supplies, materials, equipment or professional or consulting services with a company that is listed by the Texas Comptroller of Public Accounts as doing business with Iran, Sudan or a foreign terrorist organization, with certain exceptions. As of November 13, 2017, the list of companies is pending. Unlike HB 89, SB 252 does not require a verification to be signed by the contacting company.

A third bill, Senate Bill 253, amended the Public Funds Investment Act and the state funds investment policy to prohibit state investments in companies doing business with Sudan or Iran. The intent of this change is to broaden the applicability of the state's Iranian and Sudanese divestiture requirements to include other public investment funds. SB 253 also broadens the state's divestiture policy to prohibit any publicly administered fund from investing in 12

Quench — November / December 2017

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Understanding Closed Systems

By Nathan Cantrell, Wastewater Technician, Texas Rural Water Association

O

nce a backflow prevention device (dual check, pressure regulating valve, etc.) is installed at the meter, you create what is called a closed system, which means that whatever pressure is created within the system cannot relieve itself back into the potable water system.

When water is heated in a confined environment, it does not compress, it expands, raising the system pressure. This expansion has to either be absorbed within the closed system, or the pressure within the closed system may rise to the point that the temperature and pressure (T&P) relief valve on the top or side of the water heater will trip to release the excessive pressure. Repeated use of the T&P valve may cause failure. If the T&P fails, it may cause a leak or rupture within the system. While the leaking water from a T&P may cause damage if not properly plumbed, this prevents the water heater or piping from rupturing, which could be devastating. Never plug or cap a T&P valve.

A temperature and pressure relief valve is not considered a thermal expansion device. This is because when water is allowed to continuously drip from the T&P valve, minerals from the water can build up on the valve, eventually blocking it. This blockage can render the T&P valve useless and potentially lead to hot water heater explosions.

General Information — What is Thermal Expansion?

When water is heated, it expands. For example, water heated from 90°F to a thermostat setting of 140°F in a 40 gallon hot water heater will expand by almost one-half gallon. This is because when water is heated, its density decreases and its volume expands. Since water is not compressible, the extra volume created by expansion must go someplace.

When no water is being used in the closed system, pressure reducing valves, backflow preventers and other one-way valves eliminate a path for expanded water to flow back to the potable water system supply. Hence, system pressure increases.

In a closed system, the extra water volume that results from heating puts stress on other parts of the plumbing system and can result in broken pipes, 14

Quench — November / December 2017

leaky taps, relief-line leaks or a damaged or leaking water heater. If the water pressure increase is severe, there can be even more serious damage to the water heater, possibly posing a safety hazard.

So, for reasons of safety, most plumbing codes require both residential and commercial plumbing systems to have ways to accommodate water heater thermal expansion.

Expansion Tanks A thermal expansion tank is a canister with a rubber bladder that is charged with air pressure to approximately the same pressure as the incoming water pressure. It is located in the cold water line somewhere between the pressure reducing valve and the water heater (usually near the hot water heater) and acts as pressure relief vessel for the expanded water.

When water is heated in a closed system, it expands. Water is not compressible; therefore, the additional water volume created has to go someplace. When an expansion tank is installed, the excess water enters the pre-pressurized tank. As the temperature and pressure reaches its maximum, the diaphragm flexes against an air cushion (air is compressible) to allow for increased water expansion. When water is used or the water cools, it leaves the tank and returns to the system.

Other Potable Water Thermal Expansion Solutions There are several other options for pressure relief besides expansion tanks. These products do not prevent against loss of water like an expansion tank, but they do limit high pressure and prevent the annoying problems associated with thermal expansion. These products include the combination toilet tank ball cock fill valve and thermal expansion relief valve, a calibrated pressure relief valve, a combination ball valve and relief valve and a hose connection pressure relief valve. These products are described in more detail in the following: Ball Cock and Thermal Expansion Relief Valve This product solves three plumbing problems at once and offers the most cost effective way to ensure code compliance for domestic water systems. It is a

thermal expansion/pressure relief valve/anti-siphon backflow preventer for your water closet.

Calibrated Pressure Relief Valves These spring operated bronze relief valves are designed to be used only as protection from the buildup of excessive pressure in systems containing water, oil or air. This product incorporates a calibrated adjustment feature for manually setting the valve to the relief pressure required.

Combination Ball Valve and Relief Valves This combination ball valve and relief valve provides a unique and low cost solution for thermal expansion relief in domestic water heating systems, using a rugged ball valve design. The small and compact ball relief valve facilitates relief of thermal expansion and provides a tight shutoff valve for the supply to the water heater.

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Hose Connection Pressure Relief Valve This pressure relief valve, set at 80 psi or 100 psi, has a 3 /4 " hose connection inlet for ease of installation. The pressure relief valve should only be used in areas where the outside temperature does not fall below freezing year round.

If you have any questions about closed systems, please contact your circuit rider or call us at 512-4728591.

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Quench — November / December 2017 15

Ask Larry

Q:

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

My system is a special utility district, and I would like some clarification on the bidding process, such as length of notice, amounts of contracts and other regulations with which our district must comply.

A: The rules are found in Texas Commission on Environmental Quality (TCEQ) Rules Chapter 293, subchapter F, rule 293.63 Contract Documents for Water District Projects. Contract documents for water district construction projects shall be prepared in general conformance with those adopted and recommended by the Texas Section of the American Society of Civil Engineers (latest revision). The following specific requirements must apply, unless otherwise provided by a district's special law.

(1) All contract documents shall be prepared in such a manner as to promote competitive bidding and to ensure that all bids are prepared on a common basis.

(2) The instruction to bidders section of the contract documents shall give special attention to the following items.

(A) The basis of award shall be clearly defined.

If alternate proposals are to be considered, the instructions to bidders shall clearly state in which order the alternates will be considered in determining the most advantageous bid. If two or more contracts are to be awarded, the instructions to bidders shall clearly indicate if combined bids, or tied bids, will be allowed, or if each contract will be awarded separately.

(B) The contract should clearly provide that alternate bids will not be considered, unless specifically allowed by instructions to bidders and requested in the proposal form.

(C) Specific notice shall be given that qualifying statements or accompanying qualifying letters will be cause for rejection of the bid.

(D) Provision shall be made for prospective bidders to request additional information, explanations or interpretations regarding contract documents prior to the bid opening.

All requests and answers to all such requests 16

Quench — November / December 2017

shall be given in writing. Answers will be in addendum form to all prospective bidders.

(3) The district shall require the bidder to whom the district proposes to award the contract to submit a statement of qualifications. The statement shall include such data as the district may reasonably require to determine whether the contractor is responsible and capable of completing the proposed project.

(4) For contracts over $50,000, the district shall require bidders to submit certified or cashier's checks or a bid bond issued by a surety legally authorized to do business in this state in an amount of at least 2.0 percent of the total amount of the bid.

For a contract greater than $250,000, the district must accept a bid bond if it meets all requirements.

If cashier's checks are required, the checks for all bidders except the three most qualified bidders shall be returned within three days of the bid opening.

(5) The district shall require that bidders submit, along with the bid, the name of the person, firm or corporation that will execute payment and performance bonds.

(6) The district may establish criteria for acceptability of the surety company issuing payment and performance bonds including, but not limited to: (A) authorization to do business in Texas; and (B) authorization to issue payment and performance bonds in the amount required for the contract and: (i) a rating of at least B from Best's Key Rating Guide; or (ii) if the surety company does not have any such rating due to the length of time it has been a surety company, the surety company must demonstrate eligibility to participate in the surety bond guarantee program of the United States Small Business Administration and must be an approved surety company listed in the current United States Department of Treasury Circular 570. Such performance and payment bonds shall meet the criteria contained in the rules

and regulations promulgated by the United States Department of Treasury with respect to performance and payment bonds for federal jobs, including specifically the rules related to the underwriting limitation. The district shall satisfy itself that such surety company and bonds meet such criteria.

(7) The district shall satisfy itself that all persons executing the bonds are duly authorized by the laws of the State of Texas and the surety company to do so.

(8) For contracts over $75,000, a district's board shall advertise the project once a week for two consecutive weeks. For contracts over $25,000 but not more than $75,000, a district's board shall solicit written competitive bids on the project from at least three bidders. For contracts not more than $25,000, a district's board is not required to advertise or seek competitive bids.

(9) A board of a special law district may elect to contract in accordance with the requirements in Texas Water Code, Section 49.273, even if those requirements conflict with provisions in the district's special law.

(10) A district with a population of more than 100,000 may utilize the design-build procedure for limited projects as provided in Local Government Code, Chapter 271, Subchapter J. Q: A number of auto repair shops and a used car lots have opened up on some of our customer's property in addition to their residence. If they are connected to our distribution system, are they regulated in any way to require protection for our system?

A: Yes, the businesses would be subject to regulation and require an assessment to determine any hazards that their processes or practices pose to the water system. The Assessment of Hazards and Selection of Assemblies table in TCEQ rule 290.47(f) Appendix F lists many common hazards, whether it is a health or non-health hazard, and the type of assembly that must be used to prevent contamination. Car lots and repair shops are indeed places where the system would have the authority to require these shop owners to have a customer service inspection (CSI) completed if any plumbing modifications have been made on these properties.

The person performing the CSI would determine if there are any obvious cross-connections, lead solder or flux above the established limits based on the CSI Form TCEQ-20699.

Someone must inspect these different facilities to determine how they are handling wash down pits and sinks, wash down hoses to clean the floors or parts, and if they use potable water to flush radiators which contained antifreeze. Car wash stations at these shops are also another potential source of contamination. The CSI will examine how the potable water is connected to this wash system, whether they add soaps and waxes or other chemicals to degrease motors, clean wheels prior to vehicle painting and the list definitely goes on.

There are likely other functions and processes that should be included in the CSI. Only by inspecting these sites will your CSI person be able to determine whether there is a hazardous condition or process that needs a backflow assembly installed to protect the system.

Again, 30 TAC 290.46(j) is the site of the TCEQ Rules that states that public water systems must protect their systems by conducting CSIs before permanent service is installed and after any plumbing modifications are made to ensure that no cross-connections of the potable water and the things they do inside or outside their shops.

Q: After a meter was installed on his property, a property owner parks a RV on the property.

The property, as of yet, has no septic facility.

The RV is frequently used and our question is how they get rid of any black or grey water. We are aware the owner could pay to have the RV tanks pumped each time they are full, but is there a TCEQ or other state agency rule that would give us the ability to discontinue water service until we are satisfied that there is a septic system is in place?

A: Unfortunately, there is no state law that allows a water supply corporation to disconnect water service just because a customer doesn’t have a septic system. Under state law, Texas Health and Safety Code Chapter 366, TCEQ has the authority to regulate on-site sewer systems and grant that authority to local governmental entities, which typically are counties. However, neither the law nor TCEQ rules in chapter 290 address disconnection for failure to have a septic system or connection to a sewer system.

TCEQ rules do allow for disconnection if there is a potential health hazard created by the customer.

If there is no septic system and there’s raw sewer running on top of the ground, then the system Continued on page 18 Quench — November / December 2017 17

Continued from page 17

should verify that there is no possible contamination of their lines or system. The WSC can also can contact the TCEQ or county health department officer and report a nuisance at that location. The health official will then need to do their investigation to determine if there is a septic system malfunction or if there’s no septic system at all. At that time, the County Health Officer can have a local judge issue an order for the water to be disconnected until the septic issues are resolved.

Also, some counties require an individual to get their septic permit before they can receive water service. Check with your county health department to see if they have such a requirement. If so, the landowner/member needs to provide your WSC with the appropriate documentation showing they have the system. If the member cannot produce the documentation, the system should not install the meter. If, as in this case, the meter has already been installed, you should inform the member of the requirement, you could begin the process of disconnection with notice.

Q: A couple of weeks ago, we had a customer that was repairing a leak on what he thought was his water line. After he realized that is was our line, he called us to report the leak. When our field operator had gotten on site, he found that the customer had went ahead and dug to the line to help us. Is there something in writing about a licensed operator having to be on site when work is being done for the water system?

The board is concerned about liability issues.

A: If the customer didn’t try to turn off the water main or cut the line to install a repair coupling and all they did was dig out the dirt where the leak was, then they didn’t need a license. As for liability, they were taking on the liability should they have cut a

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18

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fiber optics cable or gas line or damaged any other utility that would have been installed at that location.

If the WSC had asked the customer to dig up the line, which I would expect that you would not do, then the WSC would likely be liable for any damage since this customer would have been acting under the direction of the WSC. The WSC should take this opportunity to “educate” this customer about the “Call-ONE” or other line locate requirements, because if he’d have damaged any utility line, including cutting the water line to cause the leak to flow more, then they could be required to pay for the repairs and subsequent damage due to loss of life if it had been a gas line and it exploded. They need to call the system once they determine the leak is not on their side of the meter. Again, take some time to educate this customer about how to look at the meter hand(s) to determine if the water is flowing through their meter.

If their meter is not turning, they should call the WSC office instead of digging it up.

If you have a technical question you would like answered, please email larry.bell@trwa.org.

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Quench — November / December 2017 19

From the Hole

I

Tales from the road by Michael Beadnell, Instructor for Texas Rural Water Association

t’s been a year of tragedies, strategies and changes here at the Training Department, but the wise say what doesn’t kill us helps us to grow stronger. Working together with our new Professional Development and Training Director Celia Eaves, the TRWA Training Department has developed new classroom training courses. We have polished up the old ones and created new interactive online courses to help you with your continuing education units.

I’m number 462 in the double A club. I worked for a manager who was 274 in the double A club, and they don’t repeat numbers. The difference between his double A and mine was he got his in 1987, 28 years before I got mine in the year 2014. Mindful of the state’s need for more A licensed operators, TRWA has developed preparation courses for the water and wastewater A exams called Water Technology and Wastewater Technology. This is a 40-hour course where we prepare you for the A licence exams. TRWA pulls questions from stateapproved material and helps you review them. We break down calculations, making them user-friendly, and re-teach you how to write an essay.

Tom Acker, our other double A instructor, and I taught the Wastewater Technology 40-hour course together in San Antonio earlier this year. The state has a new rule that you must have three years of hands-on experience in any of the fields you wish to instruct. Because of this, Tom and I double-teamed the course. I’ve been a water guy all my life — heck, I’m from Watertown, and my mother still lives on the lake. I’ve always been a front-line first responder, never behind a desk pushing papers or handling lab equipment. Still, I’m not eligible under the new state rule to instruct parts of this course, including the topics of management and laboratory.

So Tom is Calvary, and I’m Armored Calvary. Tom goes to battle with cross sabers, while I take an M1 Abrams. Tom does a great job teaching lab and has managed public water systems in the military, as well as in civilian municipalities. It gave me great pleasure to teach the grunt stuff for him. I taught Monday through Wednesday at noon for 20 hours of the course, and Tom took the baton Wednesday 20

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The Wastewater Technology Class was held at the Dos Rios wastewater treatment plant in San Antonio.

at 1:00 p.m. and taught until the end of the day on Friday at 5:00 p.m. to make up the other 20 hours.

Monday, August 21: San Antonio Water Systems Dos Rios wastewater treatment plant is the background for this Wastewater Technology course, surrounded by a reclaimed fire suppression system, three fields of solar panels and 200 million gallons a day of treated effluent in which every drop gets reused. It was the week of the great American Solar eclipse, the first total solar eclipse to cross the entire continental United States since 1918.

I commandeered enough tortillas for the entire class, borrowed one of my bride’s Walmart eclipse glasses, grabbed a big can of Wolf brand chili and whipped up some barbeque for the big event.

Monday morning, I took the class through basic calculations, demonstrating flow in relationship to energy and had the operators participate in the per square inch (PSI) pressure formulas. We reviewed our Basic Wastewater Operations course material and started looking at the different types of fire hydrants. The class worked on a review test covering material we had covered in the morning while I laid out lunch. At noon, we dined on pulled

pork, chili and tortillas, taking turns sharing my wife’s spare eclipse glasses. The eclipse was a fascinating event revealing a sensational diamond ring-like flash that drew cries of excitement throughout the wastewater plant. In the afternoon, we finished the Valve and Hydrants portion of the class, had another review and then ended the first day at 5:00 p.m.

Tuesday morning at 8:00 a.m. I guided the class through the highlights of what was presented on Monday, and then started on reviewing our stateapproved Wastewater Collections course. By 11:00 a.m. we had started on reviews of our Pump and Motor course. I released the class for lunch at noon right after pump curves were fully understood by all participants. Upon arrival back from lunch, we continued through our Pump and Motor course, then spent the rest of the day covering our Safety course.

Tom showed up at the end of class that day to set up his props and test the waters. I felt it only fitting that we explore the tenderloin of the city together, and we dined at the Blue Star.

Wednesday we came to class together, and I spent my last 4 hours prior to handing over the baton to Tom doing my best to make calculations user-friendly. Tom directed the class through the remaining three days and in 20 hours he covered our state-approved Management course, Wastewater Treatment course, Activated Sludge course and Wastewater Laboratory course. He concluded with a portion on how to write an essay, and then presented the final exam to complete the 40 hours.

More information on our training courses, including our current course schedule, can be found on our website at www.trwa.org. If you are interested in hosting a TRWA training class, you can fill out a course request form online at www.trwa. org/?CourseRequestForm and someone from our Training Department will contact you. You can also reach us at 512-472-8591 or by emailing training@ trwa.org.

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Quench — November / December 2017 21

Variable Frequency Drive Controls and Energy Efficiency Savings

By Charles Perkins, Circuit Rider, Texas Rural Water Association

I

n my role as an Energy Efficiency Circuit Rider for the Texas Rural Water Association, I have visited many rural water and wastewater systems in order to examine their current electrically powered equipment and assess the possibilities for potential savings in energy usage and cost. Energy costs are one of the highest costs associated with drinking water production, distribution and treatment, as well as wastewater treatment. After employee salaries and benefits, it is often the costliest budgetary item associated with our industry, and many water and wastewater system personnel have accepted this high cost as simply being a part of doing business.

With energy costs ever increasing and the demand for water and wastewater treatment services constantly on the rise, it is always a good idea to look for ways to save on energy usage and thereby reduce the financial cost to provide these services to our customers.

frequency and voltage. In simple terms, a VFD takes the input power supplied to an electric motor, changes the frequency of the electrical waves, and thereby controls the voltage supplied to the motor.

The frequency of the input power is directly related to the speed of the motor (RPM), and therefore, the higher the RPM of the motor, the higher the frequency of the electrical waves supplied to the motor. A VFD then is a device which allows for precise control of the power supplied to an electrical motor and allows for precise control of the speed of that motor.

VFDs are programmable to allow for a wide range of operating conditions. They function as a “slow start” for an electric motor, which allows the motor to engage at a very low speed and slowly increase speed until the desired RPM is reached.

If you have lived in Texas, you are probably familiar with the effect that an air conditioner compressor has on your household electrical system when the motor is engaged.

In my house, the lights dim a bit when the air conditioner comes on, and that is caused by the simple fact that when an electrical motor is engaged it immediately begins to operate at 100 percent capacity. This large draw of electricity as the motor engages is what causes the lights to dim. It’s like being in a car at a stoplight and immediately accelerating from 0 to 60 miles per hour within a fraction of a second. A VFD would allow the car to accelerate from 0 to 1, from 1 to 2, and so on until the desired speed is achieved. An electric motor uses 500 percent to 600 percent more power to engage than it does to operate at peak efficiency.

In this way one can already begin to see how such a device can result in savings on electrical usage.

"Energy costs are one of the highest costs associated with drinking water production, distribution and treatment, as well as wastewater treatment.”

While upgrading older and less energy efficient electric motors can often result in savings to a water or wastewater system, I have come to find that the introduction and utilization of Variable Frequency Drive Controls to these systems can often result in significant and sometimes quite dramatic savings. Variable Frequency Drive Controls, or VFDs, have been around for quite some time and have largely been in use by the oil and gas industry. Although their introduction and widespread use in the water and wastewater industry has been a bit slow in coming, I believe that the timing is right for more and more systems to begin to utilize this technology in order to improve overall efficiency in operation and, of course, thereby save on the costs associated with the treatment of water and wastewater.

What is a VFD and what does it do?

A VFD (also called an adjustable-frequency drive, variable speed drive, AC drive, micro drive or inverter drive) is a type of adjustable-speed drive used in electro-mechanical drive systems to control AC motor speed and torque by varying motor input 22

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Because a VFD is programmable and allows for precise control of the speed of an electric motor, it can also be used to ensure that the motor is operated at peak efficiency. Instead of having a pump motor start and run for five minutes before shutting down and repeating this process several

times an hour, a VFD can allow that motor to start once, increase and decrease speed as necessary, thereby greatly reducing the number of “starts” and “stops.” Longer motor run times at higher efficiency levels simply result in less electrical usage, resulting in less money spent on electricity. Some systems that I have encountered that already have VFDs in place do not utilize this aspect of their programming and simply use them as a “soft start” for their respective electric motors. By ignoring this capability to regulate the operational speed of the motor, these systems are missing out on additional potential energy savings that is right at their fingertips.

VFDs also have the ability to take single-phase input power and convert it into three-phase output power. As many rural systems have facilities which are located on the periphery of the electric power grid in a given area, this can save very substantially in the costs associated with an electrical service provider providing three-phase electrical power to a facility. The built-in phase conversion capabilities of these VFDs also ensures that the output power is “clean” power, which can eliminate the costs associated with potentially replacing electrical equipment due to damage caused by fluctuations which may occur in the power supplied to a facility.

Another aspect of a VFD is that, in addition to a “soft start,” it can also provide a “soft stop.” Water hammer can be the cause of leakage throughout a distribution or collection system, and the constant “hammering” caused by pumps starting and stopping can be largely eliminated with the use of a VFD. Just like the car accelerating from 0 to 60 in the blink of an eye, imagine being in that car as it decelerates from 60 to 0. It would be preferable to gradually slow to a stop, or even more preferable to reduce speed gradually and then begin to accelerate gradually again, thus eliminating the need to stop all together. I have heard engineers joke that the most efficient electric motor is the one that never comes on, and I would say that the second most efficient electric motor is the one that comes on once and never stops.

VFDs are highly programmable and easily adaptable for use by SCADA. They have the potential to offer up to 50 percent of savings in electrical consumption for distribution and collection system pump motors and plant process control motors, and up to roughly 13 percent savings on groundwater production motors. They allow for complete and precise control of motor speed and can eliminate the need for partially closed valves and trimmed pump impellers that were formerly used to regulate flows. They can eliminate water hammer and spikes in electrical usage caused by constant starting and stopping of pump motors, as well as the wear and tear caused to pumps and equipment. They can allow a facility which has only single-phase power available to utilize more efficient three phase motors, and they can provide those motors with clean reliable power without fluctuation, thus eliminating costly repairs to electrical equipment. With the costs for electricity rising and the cost for Variable Frequency Controls becoming lower and lower as they are more widely used in our industry, many times the savings potential provided by the introduction and utilization of VFDs mean that the savings will pay for the cost of the equipment in a very short period of time, and that the financial savings will begin to benefit the system very quickly.

Yet another benefit of a VFD comes for those systems which have “Peak Energy Demand” charges included in their electrical billing. Many electric providers use the highest demand charge incurred and carry that charge for a full twelvemonth period or until a higher charge occurs. I have seen examples where the electrical demand charges alone are actually as high as the cost for the supplied electricity during a given monthly billing cycle. It’s no small coincidence that “Peak Energy Demand” and “Peak Water Usage” generally occur at the same time, as this is the time when our customers are generally using both water and electricity at a higher rate than throughout the rest of the day. A VFD-controlled motor can be programmed to avoid starting during these peak usage periods, or programmed in such a manner as described above where once engaged the motor speed will simply increase and decrease to avoid the high energy usage associated with starting and stopping. This can amount to quite significant savings for those systems which are regularly faced with high “Peak Energy Demand” charges.

If you have any questions about Variable Frequency Drives or their use or potential savings for your system, or if you wish to have an Energy Efficiency Assessment conducted to look at these and other possible savings in electrical usage and costs, please contact the Texas Rural Water Association at 512-472-8591.

Quench — November / December 2017 23

Keep It Legal

Q: seven?

Answers to Members’ Questions by Erin Selvera, TRWA Legal and Legislative Services Director

How does our special utility district go about decreasing the number of directors on our board from nine to

A: Districts that have not been given the express authority to reduce the number of directors in their articles of incorporation or formation papers will need to have the change approved through the Legislature. This process involves having a bill passed that changes the number or explicitly grants this authority to your special utility district (SUD). In accordance with Texas Water Code Section 65.011, a special utility district may be created under and is subject to the authority, conditions and restrictions of Article XVI, Section 59, of the Texas Constitution.

This Section of the Constitution gives the Texas Commission on Environmental Quality (TCEQ) the authority to (1) inquire into the competence, fitness and reputation of the officers and directors of any district or authority; (2) require, on its own motion or on complaint by any person, audits, or other financial information, inspections, evaluations and engineering reports; (3) issue subpoenas for witnesses to carry out its authority under this subsection; (4) institute investigations and hearings; (5) issue rules necessary to supervise the districts and authorities, except that such rules shall not apply to water quality ordinances adopted by any river authority which meet or exceed minimum requirements established by the commission.

TCEQ also has the authority to create a district when a water supply corporation seeks to convert to a SUD, and the agency has the continuing right of supervision over district issues under the Texas Constitution, Article III, Section 52, and Article XVI, Section 59 and TCEQ Rule 30 TAC Section 293.3.

However, they do not have the explicit authority to reduce the number of directors. In talking with TCEQ staff, we learned that they are not opposed to such a change as long as the number of directors meets the requirements of Water Code Section 65.101, which mandates that a district be governed by a board of not less than five and not more than 11 directors.

24

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Once you have the change in number of directors adopted into law, your SUD will need to report this information to TCEQ. Q: Can a district put a lien on a property that has gone under foreclosure to try to recoup the water bill of $1,600 when the property sells? If so what is the process?

A: Yes, as long as the foreclosure process is not complete and the bank or other person has not taken possession of the property. Following are the steps to getting the judgment against the customer and attaching it to the property as a lien.

The first thing you must do is make sure to send a 10 day demand letter requesting past due fees and any additional fees incurred by the customer and potential consequences if the debt is not paid. You will need look to see how old the debt is before you can begin any action in court. Texas has a statute of limitations of four years, which means that debt collectors cannot sue individuals in an attempt to collect debts that are more than four years past due.

If these former customers/members fall within the four years, then in order to begin the formal action of placing a lien on the debtor’s property, the water system (plaintiff) must personally go to the civil clerk of the correct Justice of the Peace Court and do the following: Ask the Clerk for a small claim statement form, and be prepared to provide the following information to complete the form: • •

The plaintiff water system’s complete name and address The complete name and address of each person or business the water system’s claim is against (defendant). Correct names and addresses are vital to the plaintiff water system’s case because the court cannot grant a judgment against a defendant who is improperly named in the petition. Therefore, the plaintiff must determine the correct legal name and address of the person or business being sued before going to the clerk. If the business is a partnership, the partnership should be named by its correct legal name and all partners should be named individually; if

• •

• •

•

•

•

•

the business is a corporation, the exact name of the corporation must be stated, including the word or abbreviation for "Incorporation" or "Company," and the corporation's named registered agent for service,.

The amount of the plaintiff water system’s claim; The basis of the plaintiff water system’s claim, stated plainly and without technicalities, including the date the claim arose, and the amount of money the plaintiff properly owes the defendant.

Swear under oath that this small claim statement is true; Pay the clerk a filing fee and the service of citation fee to cover costs of serving citation on the defendant. The defendant must be served a citation before the suit can commence. (Fee information is available from the clerk. All of these costs may be recovered at trial if the plaintiff water system wins the suit.); Call the clerk in two or three weeks to see if the defendant has been served and find out the exact date of service. The service date is important because it must be used to calculate the date by which the defendant must respond to the claim. The calculated date is called the "Appearance Date," and is calculated as follows: From the date of service, count 10 days. The next Monday after the expiration of the 10-day period will be the appearance date.

Verify this date with the clerk.

If the Defendant does not respond to the suit on the appearance date, the plaintiff water system wins by simply appearing in court and asking for a default judgment. The plaintiff water system must still, however, prove the amount of money due.

If the defendant does respond by the appearance date, the case will be tried. The appearance date, however, is not necessarily the date of the trial. Ask the clerk, after a response has been filed with the court, when the case may be tried.

Once a trial date has been set, ask the clerk to issue a subpoena (which will order a witness to appear at trial) for any witness needed to prove the claim who will not come unless they are so ordered by the court. The full name and address of a witness are needed for a subpoena to be issued. A fee must be paid for

each subpoena requested.

After the judge issues the order granting the judgment, you must file it with the County Clerk in the county where the property is located. In Texas, a judgment lien can be attached to real estate only such as a house or land.

If the property is still owned by the customer then when the foreclosure process takes place, the earlier lien holders will be paid first. The mortgage company is usually the first lien holder. If there is any money left after the earlier (more senior or priority) lien holders are paid, then the debt owed to the water system is paid from the remaining proceeds of the foreclosure sale. If there is no money left after the other lien holders are paid, then the judgment lien is wiped out through the foreclosure process.

Q: What do we do when we have service in two counties and we need to publish our biennial subdivision service extension policy, but in one county the only newspapers in circulation are owned by a large publishing company and the charge will be $1,000 for two weeks? Are there other means to accomplish this notice?

Specifically, can we just put the notice on our website on the home page?

A: There are several ways to accomplish the notice required by Texas Water Code Section 13.2502 regarding service extensions to subdivisions.

Subsection (c) provides three alternatives to publishing notice in a newspaper. A water supply or sewer service corporation or SUD may demonstrate by any reasonable means that a developer has been notified for purposes of this section, including: (1) an agreement executed by the developer; (2) correspondence with the developer that sets forth the subdivision service extension policy; or (3) any other documentation that reasonably establishes that the developer should be aware of the subdivision service extension policy.

There is some risk with utilizing the alternatives, so it is imperative that the water system document how the notification was accomplished. I would recommend you document any communication you have with developers that are coming into your CCN area and include a reference to where they can find this information in your non-standard service application, as well as on your website.

If you have a legal question you would like answered, please email legal@trwa.org.

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In Memoriam: TRWA Remembers Leaders in Texas Rural Water

O

ver the past year, the Texas rural water family has lost some great men and women.

Join us in remembering these extraordinary contributors to our industry 2016 Leonardo V. Camarillo, 81 | November 15, 2016 Former North Alamo WSC Board Director Leonard Camarillo was an integral piece of the NAWSC puzzle for many years and entered into eternal rest at age 81.

Mr. Camarillo served as a director for 37 years and was serving in the capacity of Secretary/Treasurer at the time of his passing.

Mr. Camarillo was a lifelong dedicated public servant. Early in life, he served in the U.S. Army in company D 2nd Armed Rifle Battalion 48th Infantry and traveled Europe as an accomplished marksman.

He returned to the states and was deployed to serve in the 49th Armor Division. He was elected to three terms as Hidalgo County Commission, representing Precinct 4. Honored by his colleagues, he was selected as President of the South Texas County Judges and Commission Association, an organization encompassing 72 South Texas Counties. He was appointed by Governor Mark White to serve on the State Job Training council. He oversaw the statewide management of 300 million dollars for the Job Training Partnership Act. He was an active member of the Rio Grande Valley Development Counsel, serving three terms as President of the Board. Additionally, he served in the Hidalgo County Extension Service, Hidalgo County Farm Bureau, and the Edinburg Co-Op. He was a humble and simple family man that loved the Lord and cherished his blessings. He took tremendous pride in having put his four children through college. He taught his family to always be loving and kind to each other, to be respectful and honorable. Mr. Camarillo is survived by his wife, 26

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Diana S. Camarillo; three daughters, a son and 11 grandchildren.

Rick Tanner | December 2016 Rick Tanner served TRWA for 20 years before retiring, and passed away in December of 2016.

Rick began his work with this organization in 1986 after working for Paxton Water Supply Corporation in Tenaha. Here, he served in several capacities including Leak Detection Specialist, Field Representative and ultimately Circuit Rider. Tanner once said his favorite memories of working with the association included providing members with insight about the water industry and observing new TRWA staff as they developed their skills.

During his time with the association, Tanner was recognized as an outstanding member of the rural community. In 2005, he was honored as both TRWA Employee of the Year and NRWA Circuit Rider of the Year. In addition to his technical service to the industry, he helped raise money for the TRWA Poitical Action Committee by livening up the auctions each year at the annual convention.

Tom Duck, TRWA’s Executive Director at the time of Rick’s retirement, praised his work ethic, resilience and ability to lead when describing Rick as the type of guy you’d “want on your staff team when the going gets tough.” Rick will be dearly missed, and is survived by his wife Sheila of Runaway Bay. 2017 Gus Metz, 92 | January 7th, 2017 August Henry Metz, age 92, of Point, passed away at his home, with his loving family around him.

He was born in Oak Harbor, Ohio, Nov. 1, 1924, to Mr. and Mrs. August H. Metz. He married LaQuita Preskitt, in Garland, on Dec. 10, 1974. Gus worked as a salesman for a plastics company for many years. Also, he worked for South Rains SUD, as general manager for a number of years. Gus was

a member of Emory Baptist Church. He served his country in the U.S. Army. Gus was a member of Mars Hill Masonic Lodge, Shriners, and the American Legion 156.

Left to remember and cherish his memory are the following: life, LaQuita Metz of Point; sons: Tom O. Metz of Jacksonville, FL and Joseph Borowski of Atlanta, GA; daughters: Mary Goodnight and, Melissa Cathcart both of Point; grandchildren: Heather, Katherine, Rachel, Caralyn, Jason, Apryl, Jack, August, Connor and Liam; great-grandchildren: Kiela, Caleb, Logan, Brandon, Christy, Hannah, and Robby; his faithful little companions: Buddy and Chloe and numerous other loving family and friends.

In an interview with TRWA in August 2016, Gus said the best advice he could give is ”follow the rules and take care of your employees – they are the ones who make you look good.”

Dwayne Jekel, 77 | January 8th, 2017 Frank Dwayne Jekel served on TRWA’s Board of Directors for 30 years from 1982 to 2012 and was a water industry leader.

Mr. Jekel, owner and operator of D & L Service Company in Cameron, was born March5, 1939 in Milam County to Frank and Mollie (Novotny) Jekel. He received his Bachelor's and a Master's of Education Degree in Agricultural Education from Texas A & M University. He married Lucille Michalka. He was Past President and board member of the Texas Rural Water Association, Past Vice-President and board member of the Post Oak Savannah Ground Water Conservation District, past board member of the Central Texas Water Supply Corporation.

Jekel served on the Corinth Cemetery Association board and with the Milam County Junior Livestock Association. He is survived by: wife Lucille Jekel

of Cameron; son Robert (Roby) Jekel of Cameron; daughter Shelia Jekel of Kemah; sister Janet Hinson; three grandchildren Camri Jekel-Chavez, Cali JekelChavez, River Jekel-Chavez and great-grandchild, Adrianna Lozana.

Angela Stepherson, 51 | January 20th, 2017 Angela Stepherson, a very smart and dedicated water lawyer who worked for several of our members passed on January of this year.

Angela was Of Counsel with the law firm Coats Rose where she worked since 2007 in the firm’s Public Finance and Real Estate sections. Prior to joining Coats Rose, Angela worked for the Texas Commission on Environmental Quality and its predecessor agency for over 10 years. She had worked in private practice in Dallas since 2003 and was Board Certified in Administrative Law by the Texas Board of Legal Specialization.

Angela’s practice including representing several TRWA members. She had extensive experience advising clients regarding environmental, permitting, ratemaking, and certificate of convenience and necessity issues and regularly provided representation in proceedings before the Texas Commission on Environmental Quality and the Public Utility Commission.

She received her B.A., 1987 in summa cum laude from Rice University and her law degree from University of Virginia School of Law in 1990.

Stepherson is remembered for her work mentoring young lawyers, rescuing dachshunds, and enjoying reggaeton and rap music.

Dale Hollingshead, 74 | April 15th, 2017 Vernon Dale Hollingshead, longtime resident of Potosi, Texas, passed away at his residence in Potosi.

Born in Abilene, Texas, on June 7, 1942, Dale was the son of Clarence and Helen Maxine (Blackburn) Hollingshead.

He graduated from Wylie High School and attended college two years. Dale married Carolyn Simmons Continued on page 28 Quench — November / December 2017 27

Continued from page 27

and they were married 54 wonderful years. He was a member of Potosi Baptist Church.

Dale was a cattle buyer most of his life and retired from Genisis Oil as a transporter. He served as an elected board member of Potosi Water Supply for 46 years. Dale's interests were his cattle, farming, and his community. Most of all, he loved spending time with his grandchildren.

Dale is survived by his wife, Carolyn Hollingshead of Potosi; son, Greg Hollingshead and daughter-inlaw Zelda of Kermit, daughter, Leah Vasek and sonin-law Joseph of Potosi; nine grandchildren, Landon Vasek of North Richland Hills, Carson Vasek of Potosi, Jacie Slocum and husband Matt of Lubbock, and Kelcey Hollingshead and fiance Cody Short, Klayton Hollingshead, Kanyon Hollingshead, Adrian Aranda and wife Berta, Derek Marrufo and Ashley, and Daniel Marrufo, all of Kermit; and three greatgrandbabies, Caden, Natalie and Rowan. Memorials may be made to the donor's favorite charity.

William “Bill” Sparks, 75 | May 1, 2017 Bill Sparks passed away surrounded by his loving family. He was the first staff member who worked the AMP (Asset Management Program) contacting systems which USDA RD had sold their loans to General Electric Capital Credit (GECC). There were almost 300-systems borrowers which he was responsible to contact each year. Bill started working with TRWA in 1987 and was with this organization for over 10 years.

He taught at many of our Conferences and Conventions as well as provided training for the EPA Training and Technical Assistance Program for Larry Brown while at TRWA. He had “Double A” licenses ( A-Water & A-Wastewater). He and his wife Martha resided in Cypress for about 8 years prior to his passing.

James Birchfield, 81 | June 17, 2017 Shirley Water Supply Corporation manager James Birchfield worked dedicatedly and sincerely over the past 52 years to help build one of the most respected water systems in the state of Texas. Over these years, he has contributed a lot to the organization and played a leading role to their success in many ways. Because of his passion to provide clean fresh drinking water to his friends and neighbors, and a financially strong water supply to the community, James was named by Texas Rural Water Association as “Manager of the Year” in 1996, and Shirley WSC 28

Quench — November / December 2017

received two awards for “Best Tasting Ground Water” in the North Central Texas region in 2010 and 2017.

He was born June 14, 1936, in Sulphur Springs, son of Marion and Agnes (Amox) Birchfield. James married Edna Green on July 31, 1956 in Sulphur Springs. She survives.

James was a dairy farmer and retired as manager of Shirley Water Supply. In addition to his wife, he is survived by his sons, Howard Birchfield and wife Teresa of Sulphur Springs, Donald Birchfield and Teri, of Ben Wheeler, grandchildren, Amanda Oyler and husband, Bryan, Blake Birchfield and wife Asheley of both of Sulphur Springs, Devrie Fernandez and husband, Jose of Van, Breiann Leslie and husband, P.M. of Sulphur Springs, Raylie Travis and husband Cody of Canton, great grandchildren, Kyler Fernandez, Ava Oyler, Kennadi Fernandez, Delaney Travis, Ali Oyler, Corley Travis, Brady Birchfield, Weston Leslie and Cash Travis. He is preceded in death by his parents, Marion Birchfield and Agnes, sisters, Ruth Birchfield, Dorothy Kennedy and Patricia Garrett.

Harold Tschirhart, 90 | July 28, 2017 Harold Douglas Tschirhart, born August 2, 1926, passed away on July 28, 2017 at the age of 90. Harold graduated from Texas A&M, class of 1947, and he has remained a faithful Aggie throughout his life. On top of his service as a TRWA board member and Board President, he was well known throughout the utility business especially and was one of the “founding fathers" of Green Valley.

Harold is survived by his loving wife Hattie Tschirhart; brother, Leonard Tschirhart and wife Elizabeth; sisters: Norma Tschirhart Vorpahl and Jan Tschirhart Uptmore and Husband Jim; sister-in-law, Jo Barbara Tschirhart; step children, BA Nicholas and Cappy Davidson, Jimmy Kinerd, Christopher Kinerd and Faye Kinerd; grandchildren, Tracy Beach, Stacy

Beach Ricks, Asa Luby Beach, Kora Kinerd, Colby Kinerd, Mathew Kinerd, Cole Halton, Slate Kinerd and Saxon Kinerd; 7 great grandchildren; 28 Loving Nieces and Nephews.

Billy Emerson, 56 | September 1, 2017 Billy Martin Emerson was born on July 1, 1961 in Sulphur Springs to L. Roy and Nancy Lee (Rawlinson) Emerson.

Billy was the manager of the North Hopkins Water Department, a member of the Sulphur Bluff Baptist Church, secretary of the Sulphur Bluff Volunteer Fire Department, on the Sulphur Bluff School Board, and co-owned Bear Country Store in Sulphur Bluff with Brad Cecil.

He is survived by his mother, Nancy Emerson; sisters, Donna McDaniel and husband Les of Brookston, TX and Nancy Ann Schultz and husband Chuck; and brother Roy Wayne Emerson and wife Dianne; nephews, Jonathan Bolton and Jared Minton; nieces, Kristie Bolton, Stephanie Livingston, Madison Emerson, Courtney Galindo, and Shannon Harvey; and Brad Cecil and wife Jeanie and children McKenzie and Hailey. Billy was preceded in death by his father; brothers, Larry and Jerry Emerson; and nephew Aaron Eddington.

Kenneth Petersen, 65 | October 21, 2017 Former TRWA General Counsel, Kenneth Lawrence Petersen, died unexpectedly on October 21st at the age of 65 while visiting in Tennessee. The lawyer and longtime Austin resident is survived by his wife, Maureen Kilpatrick; his daughter, Kimberly Reed Petersen; and his three grandchildren, Adam, Alexandra, and Ashley Gallardo.

Ken's advice and counsel were considered invaluable to his clients, colleagues, and friends.

He brought to his law and policy work the invaluable traits of sharp intellect, insightful awareness of the actual day-to-day impact of laws on average citizens, and constant focus on assuring that immediate issues and big picture goals should

be considered in sync. As a result, Ken's advice was sought by a host of people from small business owners, farmers and ranchers to large corporations in the State of Texas and leaders of government, including the Texas legislature and the Governor of Texas.

While appreciative of the trust bestowed upon him, Ken was particularly energized by his friends and coworkers at the state agencies where he worked.

Ken was interested in geological and archeological studies, the natural sciences, and the fate of our rivers, wetlands and oceans. Ken liked working in his yard and taking walks through his neighborhood.

He greatly enjoyed the company of his friends and was delighted by a well-turned phrase. He was welcoming; he was funny; he was engaging; he was loyal. He would make you think, make you feel good, and make you smile. In recognition of Ken, please feel free to make memorial contributions to the American Diabetes Association, the Special Olympics, or your favorite charity.

Mark Speed, 55 | October 23, 2017 Mark Speed of Zorn, TX, beloved son, husband, and father passed away at his home on October 23, 2017, at the age of 55. He was born in San Marcos, TX, on July 29, 1962 to Harley Logan and Priscilla Ann (York) Speed. A 1980 graduate of San Marcos High School, Mark married Jo Ann Roberts in April of 1987 and they enjoyed 30 years of marriage. He worked at Crystal Clear Water as General Manager for 33 years and served as a board member for Canyon Regional Water for many years. Mark was an avid outdoorsman who enjoyed hunting, fishing, and cattle ranching.

He is survived by his parents; his wife, Jo Ann (Roberts) Speed; son, Garrett Speed of Zorn, TX; daughter, Brittany Foster and husband, Marcus of Shallowater, TX; two sisters, his twin sister, Debbie Powers and husband, GIII of Zorn, TX, and Sherry Speed and Paul Kocman of Bryan, TX; stepgrandmother, Bonnie York of Victoria, TX; as well as several nieces, nephews, aunts, uncles, cousins and beloved friends. Memorial contributions may be made to Donate Life Texas at www.donatelifetexas.org or a charity of choice.

Quench — November / December 2017 29

TRWA Briefs Pass the Hat for PAC Campaign A Success

T

hank you to everyone who participated in the "Pass the Hat for PAC" campaign, which started in September. Collectively, participating systems raised a total of $3,374 to contribute toward the Texas Rural Water Political Action Committee.

Our winning TRWA District was District 6, raising a total of $955, and our overall winning system was North Alamo WSC, raising $430 to support our cause.

"Pass the Hat for PAC" invited system managers or board members from all TRWA member systems to pass the hat at their monthly board meetings during the months of September and October and pool donations to make a contribution to the PAC. The PAC is composed of hundreds of individuals committed to making a difference for rural water systems in Texas by giving to a fund that helps candidates and public officials who support rural water and are effective leaders.

Thank you to everyone who has supported our efforts in 2017! If you would like to learn more about the Texas Rural Water PAC, please visit www.trwa. org and click on the "Legislative" tab on our menu.

By selecting "Rural Water PAC" from the options, you can read more about the PAC, see how much we've raised so far this year and even make an online donation!

Renew Your Quench Subscription in 2018

D

on't forget to review your Quench subscription information and make any necessary changes when you renew your TRWA membership for 2018.

Your membership with TRWA will continue to include complimentary subscriptions to Quench: •

Regular Utility Members — Up to five (5) complimentary subscriptions

•

Associate Members — One (1) complimentary subscription

Included in each renewal packet is a list of who we have from your system currently receiving a copy of the magazine. If you did not update your information with us last year, it will list the main address for your 30

Quench — November / December 2017

system to which we have been sending your five complimentary copies. If your system purchased additional subscriptions for an annual fee of $30, we will continue to send magazines to those individuals in 2018 and issue an invoice, unless we hear otherwise.

If you would like to make any changes to your subscription list, please send them in at your earliest convenience. You may do this with your renewal, by email to editor@trwa.org, or by fax to 512-4725186. If you have any questions please contact us at editor@trwa.org or call (512) 472-8591.

Updates from the TRWA Legal Department

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he TRWA Legal Department works hard to ensure our members have the most up-to-date legal resources. Here are a few updates we would like to share with our members.

•

Eminent Domain – The 2018 Eminent Domain Filing requirement deadline is February 1, 2018. If you have any questions on this statutory requirement please contact the TRWA Legal Department at 512-472-8591 or by emailing legal@trwa.org.

•

WSC Elections – Texas Water Code Section 67.007 requires that all water supply corporations hold their annual members meeting between January 1st and May 1st each year. At the annual meeting, the members will elect new directors. For more information on election procedures, please visit the TRWA website at www.trwa.org and click on the Legal tab.

•

Tariff and District Service Policies Update – The much anticipated updated TRWA Sample Tariff and Sample District Policy will be available for purchase December 29th, 2017.

Visit our online store at www.trwa.org and click on "Publications" for details.

Plan Ahead CONFERENCES: April 4, 2018

TRWA/USDA Rural Development Engineering Conference, Omni Fort Worth

April 5-6, 2018

RuralWaterCon 2018, Omni Fort Worth

OPERATOR TRAINING COURSES: Water Credit Courses

Basic Water Works Operations: Greenville, January 16-18  Dayton, January 22-25  Argyle, February 20-22  Harlingen, March 27-29  Mesquite, April 17-19  Lorena, May 22-24 Groundwater Production: Argyle, April 17-19  Lorena, August 21-23

Water and Wastewater Credit Courses

Chlorinator Systems and Chemical Handling: Texarkana, March 20-22  Coldspring, May 8-10  Argyle, July 17-19 Customer Service Inspections: Gainesville, February 6-7  Harlingen, April 17-18  Harlingen, October 9-10 Pump and Motor Maintenance: Texarkana, January 9-11  Harlingen, January 30-February 1  Lorena, February 13-15 Valve & Hydrant Maintenance: Greenville, March 6-8  Harlingen, July 31-August 2 Water Distribution: Greenvile, April 24-26  Harlingen, June 12-14 Water Laboratory: Coldspring, August 28-30  Harlingen, October 23-25 Water Utility Safety: Coldspring, March 13-15

Wastewater Credit Courses

Basic Wastewater: Dayton, February 12-15  Haringen, May 1-3 Wastewater Collections: Harlingen, February 27-March 1

Public Funds Information Act Training Initial and Renewal: Fort Worth, April 4

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Advertiser Index AIA Insurance Agency........................................... Page 6 Bartlett & West...............................................................19 Childress Engineers......................................................19 CoBank...........................................................................13 Daniel & Brown, Inc.......................................................10 HRM Land Acquisition Solutions.................................21 J.F. Fontaine & Associates...........................................21 KSA Engineers...............................................................15 M&M Tank Coating Co...................................................12 Maguire Iron...................................................................19 NewGen Strategies & Solutions...................................18 Pittsburg Tank & Tower Maintenance Co., Inc............31 Preload, LLC....................................................................7 RG3 Meters.............................................................. 11, 13 Russell Drilling Co., Inc................................................12 Smith Pump Co., Inc......................................................19 Tank Connection............................................................18 Texas Aquastore............................................................15 Quench — November / December 2017 31

1616 Rio Grande| Austin, TX 78701-1122 Telephone: (512) 472-8591 | Fax: (512) 472-5186 www.trwa.org

Deadline for nominations:

February 1, 2018

System-wide awards: Excellence in System Improvement

AWARDS of excellence To Honor Excellence, Dedication & Achievement

Small System Award (1,500 or Fewer Connections) Large System Award (1,500 or More Connections) individual awards:

Excellence in System Management Excellence in Administration

Winners Receive:

Recognition at RuralWaterCon 2018 Free Registration to any 2018 Conference Commemorative Plaque & Cash Prize Feature in Spring Quench Magazine

Excellence in Operations

begin your nomination today: www.TRWA.org | (512) 472-8591