Quench Magazine: September/October 2018

Microplastics/Microfibers: The Newest Water Contamination Threat

Also Inside:

How to Prevent and Reduce Trench Accidents Gone Phishing: Protecting Yourself from Fraudulent E-mail Scams

September/October 2018 www.trwa.org

TRWA Today

TRWA Board of Directors

Officers Brian Macmanus President Cameron (Dist. 6)

Chris Boyd Vice-President Denton (Dist. 3) Bruce Alexander Secretary Medina (Dist. 2)

Barry Miller Treasurer

Gonzales (Dist. 5)

Pat Allen Immediate Past President Guadalupe (Dist. 9)

District Directors Mark Gardenhire

Shackelford (Dist. 1)

Delores Atkinson Lampasas (Dist. 4)

Clay Hodges Hunt (Dist. 7) Charles Beseda Hill (Dist. 8)

Kent Watson Brazos (Dist. 10)

Kevin Spence Franklin (Dist. 11)

Shirley Thompson 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 investorowned 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 on-site technical assistance, education and information exchange, TRWA helps its members better meet their needs as well as the needs of their customers.

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Leadership Team

Lara Zent

Allison Kaminsky

Lisa Adams

Larry Bell

Celia Eaves

Janice Gibbs, CPA

Trent Hightower

Jason Knobloch

Angela Russell, CMP

Executive Director and General Counsel Deputy Executive Director Foundation Development Director Technical Assistance Director Professional Development and Training Director Finance Director Assistant General Counsel Environmental Services Director Member Services Director

Melody Bennett

Ross Brookbank

Pam Cantrell

Emily Collins

Kelsey Copeland

Patti Flunker

Angela Harris

Andrew Montemayor

Ariane Walker

Amanda Wilson

Project Support Specialist Assistant Projects Manager, Environmental Services Accounting Support Specialist Administrative Assistant Communications Specialist Executive/Legal Assistant Project Support Specialist Instructional Designer Training Support Specialist Member Services Coordinator

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

Scott Willeford

Gilbert Ybarbo

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 FMT Specialist FMT Specialist

Office Staff

Field Staff

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!

Features:

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In Every Issue: Letter from the President Letter from the Executive Director Keep it Legal Answers to your legal questions

Ask Larry Answers to your technical questions

Advertiser Index Plan Ahead

TRWA’s Calendar of Events

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Microplastics/Microfibers: The Newest Water Contamination Threat

By Deborah McMullan, Texas Rural Water Association Have you ever thought about how plastic breaks apart into smaller, microscopic pieces and how this might affect our drinking water?

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Gone Phishing: Protecting Yourself from Fraudulent E-mail Scams

By Allison Kaminsky, Texas Rural Water Association Phishing is a type of online scam that uses deceptive e-mails and/or websites attempting to solicit sensitive information. Do you know how to spot one?

USDA Accepting Disaster Assistance Applications for Systems Damaged by Hurricanes USDA–RD announced in September that they are seeking applications for grants to repair water and wastewater systems damaged by Hurricanes Harvey, Irma and Maria.

20 How to Prevent and Reduce Trench Accidents

By Doug Riseden, Krausz USA Working in trenches are among the most dangerous work environments that utility workers can find themselves in.

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A Brief History of Water & Wastewater Treatment

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Apply Today for a TRWF Student or Professional Scholarship

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By Charles Perkins, Texas Rural Water Association This is part one in a two-part series on the history of wastewater treatment. This installment covers ancient man to the Fall of Rome.

By Lisa Adams, Texas Rural Water Foundation Take advantage of these scholarships for graduating high school seniors and water industry professionals!

Now Accepting Nominations for the TRWA Awards of Excellence

By Kelsey Copeland, Texas Rural Water Association Every year, rural water systems across Texas submit nominations for these prestigious awards honoring those who exemplify excellence, dedication and achievement.

TRWA Briefs

Kent Watson Elected President of National Association; TRWA District 12 Holds Annual Meeting; TRWA Launches Consumer Magazine; TRWA is Proud to Participate in the Texas Tribune's "The Future of Rural" Symposium

On the Cover: Pedernales Falls State Park Quench — September / October 2018 3

President’s Message Howdy Texas Rural Water Association!

My past letters to you, our membership, have focused on "being true to rural," providing "best in class customer service," donating to our PAC Fund and "leadership." All of these are very basic components that will help make your individual system and TRWA better organizations.

Today, I want to expound on one aspect of leadership in the potable water industry—grassroots engagement.

“TRWA's main purpose is to have a united membership so we can achieve common objectives in the political arena of Austin, Texas and Washington, D.C.”

Although we provide a myriad of services to our members, TRWA's main purpose is to have a united membership so we can achieve common objectives in the political arena of Austin, Texas and Washington, D.C. We often talk about PAC funds and how important it is to be able to support our legislative friends. This is still very true; however, money alone doesn't buy all the influence in Austin or Washington. Individual personal relationships and credibility are HUGE factors in politics.

I want all our membership to realize the importance of individual water system managers, office managers, board members, operators— whomever in our industry—having a personal relationship with your local representatives and senators on both the state and federal level.

When a congressman knows you by your first name, knows what direct impact your system has on the viability of your community and knows how dedicated, credible and loyal you are to serve the community, you will have brownie points in Austin and Washington. You can pick up the phone, make an office visit or testify on a critical issue for TRWA and all its members. You individually represent TRWA and all our membership to your local congressman. Don't underestimate your capabilities. Right now is the time to be making office visits in the home court area, before our legislators are knee deep in politics at the Capitol. Call their office, make an appointment and go visit them with all your neighboring TRWA members and let them know what you do and what our issues are.

Every single one of us makes a difference in this fashion. Don't wait— get out there and be true to rural. Grassroots engagement is everything in politics.

Until next time, keep the water going with a smile.

Be Good,

Brian E. Macmanus, P.E. President Texas Rural Water Association

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Letter from the Executive Director

As we gear up for Texas’ 86th Legislative Session, I wanted to catch you up on the legislative activities your Texas Rural Water Association lobby team has been engaged with during the interim.

Our two major legislative challenges became interim charges to be studied by the House Natural Resources Committee. The first issue pertains to the expedited decertification law and the Public Utility Commission’s (PUC) implementation of it. The second issue involves groundwater districts that base permits on surface acreage owned instead of on a utility’s service requirements.

Representative Lyle Larson, Chairman of the House Natural Resources Committee, facilitated stakeholder meetings on each of these issues at the end of June. In addition to your TRWA team and other utility lobbyists, stakeholders included staff from state representative and senator offices, staff from the PUC, and lobbyists and lawyers who represent developers, cities, groundwater districts and landowner groups.

On the CCN decertification law, the only reform the group was able to agree on pertained to the need for decertified utilities to receive fair compensation for stranded investment. Chairman Larson asked TRWA and one of the developer lawyers to take the lead on continuing the discussion and drafting consensus legislation.

On September 27th, the House Natural Resources Committee held a hearing in Brownsville on our two issues. Nine individuals from TRWA member systems traveled to Brownsville to tell their stories which illustrated the need for reform. I also provided “invited” testimony on both issues.

I’m very proud of our team effort to educate these legislatures on needed changes.

“Your local relationships combined with our efforts in Austin are what we need to succeed.”

Both issues are big challenges for us with a lot of opposition from interest groups on the other side. We plan to work with legislators to file bills and work hard to get them passed. We will be calling on you to assist in this effort. As Brian Macmanus points out in his letter, your state representative and senator want to get to know you, want to hear from you and care about your concerns. Your local relationships combined with our efforts in Austin are what we need to succeed.

I also encourage you to attend (in person or by telecast) the “Texas Tribune Symposium – The Future of Rural Texas” which will be held in College Station on November 12-13. TRWA is a sponsor of this event and it’s another forum where our concerns may be heard by legislators and others in attendance.

As always, thank you for your service to rural Texans.

My best,

Lara Zent Executive Director and General Counsel Texas Rural Water Association

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Microplastics/Microfibers: The Newest Water Contamination Threat

By Deborah McMullan, Source Water Protection Specialist, Texas Rural Water Association

E

veryone has heard about the “Great Pacific Garbage Patch,” that huge swirl of plastic garbage the size of Texas floating in the Pacific Ocean. We’ve always been told that plastic doesn’t biodegrade, that it’s with us forever. This is true; but have we thought about how plastic breaks apart into smaller pieces that are so small, that they are close to impossible to see with the naked eye and how this might affect our drinking water?

The newest water contamination is coming in the form of microplastics. The most pervasive forms of microplastic is known as microfiber—small strands of plastic used to produce synthetic fabrics such as polyester and nylon. Microfiber is also created when single use plastic products such as plastic bags and packing photodegrade into the microfibers. Let’s consider this question: “how many of us have thought about our clothing being made of plastic and that it is a contributing factor in water pollution?”

Microplastics/Microfibers Recent studies done by Orb Media on plastics and tap water showed that 83 percent of tested water samples from major cities around the world were contaminated with plastic fibers or microplastics.

Note that microplastic/microfibers were found in both surface water and groundwater samples. The microfibers can enter an aquifer wherever a river or stream interacts with the aquifer via recharge. Areas of the country with karst features (a topography formed from the dissolution of soluble rocks such as limestone, dolomite and gypsum and characterized by underground drainage systems with sinkholes and caves) are extremely sensitive and vulnerable to contamination. These tests showed the U.S. as being the country with the highest contamination levels.

The Orb Media study also showed that 93 percent of samples from the world’s top 11 bottled water brands were also contaminated with microfibers.

What are the Health Issues Unfortunately, the verdict is still out on potential health issues related to this contamination. It is rather difficult to truly pinpoint, as it would require

Microplastics are the newest water contaminant threat, appearing in 83 percent of tested water samples from major cities around the world, according to a recent study.

intentionally exposing humans to potentially harmful chemicals and the ingestion of microfibers, then observing the individual for health changes.

However, it has been shown that there is an observable correlation between the presence of plastic substances in the blood stream (specifically BPA) which is associated with higher rates of certain health issues such as chromosomal and reproductive abnormalities. Early puberty, childhood obesity and increased blood pressure have also been blamed on presence of BPA in the blood stream of humans.

Health issues for marine life are a concern as well.

These tiny microfibers look like food to some marine species. New research has shown that common plastic attracts a thin layer of marine algae, which makes them smell and look like nutritious food to the marine life. Most plastic has been found in the gut of fish that would likely be removed before human consumption, although some studies have warned that the microfibers could transfer from the guts to the meat. Of course, some fish such as shrimp, oysters, and clams are eaten in their entirety, with no guts being removed before consumption. Further testing has shown that chemicals from the plastic can become concentrated in the tissues of the marine life.

Facts and Figures Continued on page 8 Quench — September / October 2018 7

Continued from page 7

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Microplastic are present in almost all water sources around the world, streams, rivers, lakes and oceans

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Each year about 1 million tons of tiny plastic fibers are released in our wastewater

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Wastewater systems don’t have filters that can trap particles this small; therefore, they are released in bodies of water via the effluent water

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In 2015, the U.S. made a major step in water protection with the passing of the MicrobeadFree Waters Act. This banned plastic microbeads from being put in cosmetics and personal care products sold in the U.S.

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A single fleece jacket sheds up to 250,000 microfibers during a single washing

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Microplastic can come from car tires. Plastic dust is produced by the friction between the wheels and the road. This is then blown or washed into waterways.

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Currently, the U.S. has not set regulatory limits on the levels of microplastics in bottled water.

Best Management Practices for the Average Person There are several ways that we as individuals can help in the reduction of microplastics/ microfibers. The following are some suggestions: •

Use cloth or canvas reusable bags when shopping. Many cities in Texas have already instituted policies that their stores no longer automatically place purchases in plastic bags.

The consumer must pay for each plastic bag, or hand carry products out if they don’t provide their own reusable bags.

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Dispose of or recycle plastic bags properly.

Being especially careful when near waterways.

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Pick-up trash during your daily activities and dispose properly.

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Participate in organized clean-up activities.

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Consider buying clothing made of 100 percent natural fibers.

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Consider changing the way you wash your clothing: •

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Wash synthetic clothes less frequently

Quench — September / October 2018

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Use front loading washing machines as they produce fewer fibers than top loading

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Use a fiber/lint filter whenever you wash synthetic clothes.

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Use liquid laundry soap. Powder soaps loosen more microfibers

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Place lint from the washing machine and dryer in the trash, not down the toilet or drain

The Future of Plastics It’s well known that plastics are critical to modern life. After all, plastics make it possible for the development of computers, cell phones and even many of the modern medical lifesaving advances and devices in use today. Lightweight and good for insulation, plastics do help in saving fossil fuels that are used in heating and in transportation.

Mostly, inexpensive plastics raised the standard of living and made material abundance more readily available. Without plastics, many possessions that we take for granted might be out of reach for all but the richest. Replacing natural materials with plastic has made many of our possessions cheaper, lighter, safer and stronger.

With the plastic having such a valuable place in our lives, scientists are attempting to develop a safer and more sustainable plastic. Some are developing bioplastics, which are made from plant crops instead of fossil fuels, creating a more environmentally friendly plastic. Others are working to make plastics that are truly biodegradable. Scientists are also searching for ways to make recycling more efficient and they even hope to perfect a process that converts plastics back into the fossil fuels from which they were derived. Scientists and developers have realized that plastics are not perfect, but they play an important part in our future.

Websites for more information on microplastics include, but are not limited to: •

http://www.plasticpollitioncoalition.org

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http://www.earthday.org

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https:///www.theguardian.com

If you have questions about this article, please contact Deborah McMullan at 512-472-8591.

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Quench — September / October 2018 9

Gone Phishing: Protecting Yourself from Fraudulent E-mail Scams

By Allison Kaminsky, Deputy Executive Director, Texas Rural Water Association

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ave you ever found yourself in a situation like the following? You receive an e-mail from what appears to be a reputable company asking you to verify your account information. You click through the link in the e-mail, which then takes you to a webpage asking you to log in. You begin typing in your credentials … but wait!

You notice the domain name does not match the website you normally use. Upon further investigation, you realize the webpage does not actually tie back to the website with which you’re accustomed to working.

You immediately stop what you’re doing and call your resident IT professional, who verifies—you were the target of an online scam called phishing. Thankfully, you were savvy enough to catch it before they caught you!

Unfortunately, more often than not, the above scenario plays out differently, and countless people are victims of online phishing every single day.

Phishing is a type of online scam that uses deceptive e-mails and/or websites that appear to be from legitimate individuals or companies attempting to solicit sensitive information from you. As endusers have become shrewd in recognizing these scams, phishing tactics have become increasingly sophisticated.

So, do you know a phishing attack when you see one? The most common types of phishing include: • Deceptive Phishing: This is when the phisher attempts to steal your personal information or login credentials by impersonating a legitimate company. These e-mails typically try to instill a sense of urgency to click on a link they’ve provided to verify account information, change your password, dispute charges, etc. The link directs the user to what appears to be a reputable website but is really a façade that collects your information and provides it to the phisher.

• Spear Phishing: This is a more sophisticated approach that targets the individual user by customizing the e-mail with the target’s name, position, company, etc. Sometimes these e-mails may even appear to come from a 10

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colleague who is likely to be out of the office.

This deceives you into thinking you have a legitimate connection with the sender, giving you a false sense of security so you will lower your guard.

Whaling: This is essentially the same as spear phishing, but it has a bigger target in mind— the head of your organization. These attacks are highly personalized and attempt to steal the executive’s credentials by encouraging them to click on a malicious URL or download an attachment.

The threat is real, and in the past year, attacks have exponentially increased. This is why we need to educate ourselves and take measures to protect ourselves and our companies from these malicious attacks. Here are a few ways you can be more vigilant in identifying these scams and protecting your information.

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First, look at the actual email address of the person sending the email, not just the contact’s name. If the email domain does not match the company they say they represent, that’s a red flag. Further, if the name is someone you usually do business with, but the email is unfamiliar, that is also a red flag. For example, if the email has the look and feel of a Microsoft email and asks you to verify your Outlook login information, but the sender’s e-mail does not come from a recognizable Microsoft domain, do not respond to the email.

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If the email is not addressed to you specifically, pay closer attention to the text and context of the email, as well as the sender’s information.

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Look for repeated grammatical errors throughout the text. If sentences or word placement do not make sense, or the wrong words are capitalized throughout the body of the email, stop skimming and pay closer attention.

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If the suspicious e-mail prompts you to use a link they provide to perform some sort of action, such as confirming account information,

don’t click on the link. Instead, use a link of your own to access the website directly or find the company through a search engine.

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If the suspicious e-mail contains an unsolicited attachment, do not download it.

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If, upon further inspection, you aren’t sure if an e-mail is legitimate, but comes from a company you do business with, pick up the phone and call them to resolve whatever perceived issue there is. They will know if they’ve sent you an e-mail to conduct business, and they will surely want to know if someone is impersonating them.

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Finally, when in doubt, send a suspicious email to your resident IT professional for review. If you don’t have an IT professional, ask your supervisor or a trusted colleague to weigh in on the legitimacy of the e-mail.

do is change all your passwords immediately. If you use the same password for multiple websites, change that password in all places you use that password.

If the breach includes any payment information, call your bank or credit card company and let them know about the issue immediately.

If you have questions about this article, please contact Allison Kaminsky at 512-472-8591.

By being a more informed and attentive e-mail user, we can spot many of these scams before they succeed. However, phishing is always evolving, and we may not be able to spot each and every phishing attempt. If you ever become a victim of a phishing scam, the first thing you should

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Quench — September / October 2018 11

Keep It Legal Answers to Members’ Questions by TRWA Assistant General Counsel Trent Hightower

Q:

A member of our WSC passed away recently. The member’s property contained four residences, each with their own meter. The deceased member’s children have resided on the property since her death and have paid the remaining meters’ bills on time and without incident. Can we continue to serve the deceased member’s children?

A: The answer is “no,” you cannot continue serving the deceased member’s children under the current circumstances; one of them will need to qualify for their own membership to continue receiving service. Your tariff likely defines a “member” similarly to the way it's defined in the TRWA Sample Tariff, which states that a member is “any person… who holds a membership in the corporation and who is a record owner of fee simple title to the property…”. The law does provide for transfer of a membership in a WSC between family members, but only in very limited circumstances. Therefore, you are currently probably in violation of your tariff because you are serving the deceased member’s children, who themselves are not members of your corporation.

When a member dies, their heirs must apply for membership in their own names and comply with all the WSC’s membership requirements. One of those requirements is that the applicant must provide the corporation with proof that they own the land they are requesting to be served. Check your tariff to see what documents your system has chosen to accept as proof of ownership. The TRWA Sample Tariff states that applicants may provide a deed of trust, warranty deed, or other recorded documentation.

“Other recorded documentation” can be a broad term, but in the past TRWA has advised systems that a certificate of ownership from the local central appraisal district or an affidavit of heirship filed in the county clerk’s records can suffice as proof of ownership. If the property is currently the subject of an ongoing probate case, one of these documents would allow you to keep the water flowing at the property while final ownership is sorted out. Once the court determines ownership, you will want to 12

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make sure the membership is in the name of the adjudicated owner.

Since the deceased member’s children are not members, you cannot continue to serve them; however, I’d advise against suddenly disconnecting service as a matter of good public relations. Instead, send each child written notice that their service will be discontinued at some date in the future (say, 30 days) unless they apply and qualify for membership.

Be sure to inform them that one requirement is that they provide proof of ownership and let them know what kind of documentation your WSC will accept, such as the documentation from the central appraisal district or county clerk mentioned above. This way the children know what they need to do to become a member, and they have time to get everything together on their end.

Q: Can a WSC or SUD offer discounted rates for senior citizen customers?

A: No, utilities are required to treat all members of a customer class in a non-discriminatory manner when it comes to rates. PUC’s rules reinforce this concept. Rule 24.101, which applies to appellate review of water utility rates, states that the “commission shall ensure that every rate…is just and reasonable,” and that all rates be “consistent in application to each class of customers.” Generally, the PUC has interpreted “each class of customers” to mean all customers using the same size meter.

A special rate for senior citizens would violate this requirement that customers receiving the same type of service be charged the same amount for that service.

It is worth noting that Section 182.002 of the Utilities Code allows elderly individuals to request a delay of their bill payment date. This statute requires utilities to delay the payment date to the 25th day after the date the bill was issued without charging a penalty on the request of a qualifying individual.

However, the statute does not provide utilities with the authority to charge senior customers a reduced fee.

Q: Our WSC is looking to sell an unneeded piece of property. We purchased the land many years ago from an individual who currently sits on our board, and we would like to ensure that the land goes back to him since he has served the system for several years. Do we have to put the property on the market, or can we just sell it to him at fair market value? What if we gave him a first option to buy the property?

A: While there is nothing in the law that prohibits a board member from buying property from a WSC, there are several things you will want to consider to avoid running afoul of various provisions meant to avoid conflicts of interest. The board should put the property on the market just as it would with any other piece of property and let the bidding process proceed naturally. If the highest bidder ends up being this board member, he is free to purchase the property.

Section 22.230 of the Business Organizations Code applies to Water Supply Corporations and spells out which types of transactions a corporation may enter into with a director without a creating a conflict of interest. For our purposes here, the key considerations are that the agreement is entered into “in good faith and with ordinary care” and that the contract or transaction is “fair to the corporation.” While your board may have good intentions here, a “first dibs” sale or a sale where the board member was the only person invited to bid would not be in good faith or done with ordinary care, because the board’s duties as board members lie with the corporation, not with any other individual board member. Also, if such a sale were challenged by your members in court, it might be difficult to convince a judge that such a transaction was “fair” to the corporation.

member, but the property should be put on the market for any interested party to bid on, and the board member should not be given a first chance to buy it before other people. A sale like the one you described could land your system in a very costly legal battle if a member challenged it, and they would have very good grounds for reversing the sale if they were so inclined to pursue the matter.

As a final note, remember that the concept of “fair market value” can be a bit of a moving target. You might have an appraisal or other measures that give you an idea of the property’s value, but you don’t know its true value until parties are able to make bids. If there is a buyer out there who is willing to pay more than that appraised amount, for example, it is in the corporation’s best interest to let the bidding process produce that higher purchase price. That cannot happen if one person is given the first or only chance to buy the property.

Q: Our work crew removed a fence to access a water line on a customer’s pasture. The crew repaired the fence after the work was complete, however, the owner now claims that one of his calves escaped at the location of the repair, was struck by a car, and died. The calf was found near the repair site. The owner is now requesting payment for the value of the calf. We later found out that there was an unlocked gate nearby that the crew could have used to access the location, but we did not speak with the owner beforehand about the work to be done. Is the system liable?

"Utilities are required to treat all members of a customer class in a nondiscriminatory manner when it comes to rates."

Further, your system should have a conflict of interest policy in place, because IRS requires nonprofit corporations to have one. The TRWA Sample Conflict of Interest Policy covers situations like this one in the first paragraph as follows: “A director shall discharge the director’s duties, including the director’s duties as a member of a committee, in good faith, with ordinary care, and in a manner the director reasonably believes to be in the best interest of the Corporation.”

The “best interest” of the corporation is usually to obtain the highest price it can when it sells property.

It is fine if the highest bid comes from the board

A: While utilities typically have an easement giving them the right to access infrastructure on a customer’s property, the fact that there was a less intrusive point of access available combined with the lack of communication with the owner beforehand could expose your system to liability here. Of course, there are some factual issues that are likely in dispute – did the calf really escape from this location or did it get out somewhere else? Did the fence repair make it easier for the calf to get out at that location, or would it have gotten out anyway?

We’ll likely never know, and honestly those are probably fact inquiries that would require too much time and money to resolve over a relatively small property dispute. For the sake of argument, the rest of this response assumes that the calf escaped at Continued on page 14 Quench — September / October 2018 13

Continued from page 13

the section of fence that your crew took down and repaired.

You will want to look at the language in your easement agreement with the land owner. The USDA Easement Agreement is used by many systems and can be found in the TRWA Sample Tariff and District Service Policy. This agreement grants an easement to the utility with the right to “access and use” infrastructure on the property, together with the right of “reasonable ingress and egress” over the landowner’s adjacent lands. Further, it gives the system the reasonable right to remove any obstructions that may interfere with its access to that infrastructure.

As long as you have an easement agreement, the landowner cannot bring a trespassing claim against you. However, a court may take issue with whether your crew’s actions constituted “reasonable” ingress and egress to the property. It might also disagree that your crew acted reasonably in removing the fence, because it appears that there was a less intrusive manner of accessing the site – the unlocked gate.

Even if your system was unaware of this access point, it seems that you didn’t contact the owner ahead of time to discuss the best method of entering his property. If the gate had been locked and you had been unable to contact the landowner, you would have a better case that your crew acted reasonably.

The easement agreement also states that the system will maintain the easement in a state of good repair so that no unreasonable damages will result from the system’s use of the landowner’s premises. Again, under these facts, the landowner may have a good argument that he has suffered unreasonable damage due to the system’s actions.

access the worksite. In this situation, for example, the landowner could have directed your crew to the gate, or made arrangements to unlock the gate if he typically keeps it locked. If you are unable to reach the landowner, document that you attempted to do so and look for ways to access the worksite that are minimally invasive. Finally, if you do have to remove or disassemble an obstacle such as a fence, make sure the repair work is done in a professional manner that leaves the property in at least the same condition in which you found it.

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

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Finally, the landowner also has a potential claim for negligence if he can demonstrate that the fence was repaired in a manner that made it more susceptible to breaches than it was before your crew acted. Again, this will be a fact-specific inquiry, but the fact that the calf was found outside the fence near the repair site would support this claim.

All of this leads to the conclusion that a court could very likely hold the system liable for the landowner’s lost livestock. The major takeaway here is that a little communication up front can prevent situations like this from occurring in the future. Call the landowner beforehand if time permits to let them know you will be coming onto their property, and use that conversation to find out how you can best 14

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

Q:

Following a recent TCEQ inspection, our system was written up for storing chlorine cylinders outside in an unsecured area. Can you recommend best practices for storing these cylinders while complying with the applicable rule?

A: The relevant TCEQ rule here is Rule 290.42(e)(4)(B), which states that equipment and cylinders may be installed on the outside of buildings, but only if they are protected from adverse weather conditions and vandalism. I’ve had many system operators take me out to their plant sites, and while there I have observed several that had both empty and full gas chlorine cylinders stored outside their building, usually on a concrete pad or slab. I’ve only noticed TCEQ investigators assessing violations within the past ten years or so for failure to have additional security for bottles stored on the outside of a building.

In some cases, investigators have allowed systems to store their tanks in the manner you described as long as they were secured in place to keep them from falling over. Other systems have been informed that the bottles can be stored outside as long as they were secured with a fence and roof to keep vandals from damaging or stealing the bottles. I recall one system poured a slab beside their plant building, had concrete block walls on two sides with a chain-link gate on the third side, and a roof over the addition.

Another system had a fence company install four-corner posts about six or seven feet tall with a metal roof fixed to those posts, with chain-link sides and a gate. This met with the investigator’s approval. The bottles were inside this locked structure but were still “impacted by the weather” from the sides. Yet another system purchased a very small portable building, installed some vents and a lock, and were met with approval by the investigator. There are many systems with 2’ roof extensions on their plant buildings that inspectors have accepted as providing adequate protection from adverse weather. In these cases, the system usually selected the side of the building which was 16

Quench — September / October 2018

not in direct afternoon sunlight to keep the bottles relatively cool.

I’ve mentioned all these options and observations to illustrate that some regions of the state have investigators who interpret the TCEQ rules in different ways. That said, your system was “dinged” and therefore needs to consider an option which is acceptable to the current investigator. As the examples above illustrate, some investigators are more concerned about theft while others care more about excessive heat, cold, or rain.

The notice you received should have requested that the system take a picture of their method of storage and security and send that picture to the investigator as verification that the issue cited has been corrected. One final observation – simply having bottles inside a fenced plant yard is generally not acceptable. Investigators typically want to see the bottles secured with a chain or cable to prevent them from accidentally tipping over, which can cause an injury or break off the top valve, sending gas downwind to neighbors’ homes and other structures.

Q: A member wants to install a second meter on his property. To do so we will have to extend our main line under some existing power lines and near some power poles. The electric company doesn’t have an exclusive easement, and their easement contains no restrictions, but they would appreciate us staying at least four feet away from the poles and lines. Are there any restrictions in this scenario we need to be aware of?

A: As a preliminary matter, to fully answer your question I would need to know whether you currently have a USDA RD 422-8 (line location) or USDA RD 422-9 (general) easement with this landowner, as well as the age of your easement.

If it was signed in the 1970’s, 1980’s or even the 1990’s, there are new conditions and provisions in the current easement forms which are more protective of the WSC’s right to use the land. That being said, the bottom line is that even if an existing

customer has an active meter with the System, they should be required to sign the most current version of these easements for the new meter he is requesting.

In all the general-type easements, there is language referring to the location of the meter “as installed”. This means that if the original meter was installed just inside the property being served, that location has been argued to be the extent of the easement, mainly because this is what defined “as installed” for that meter and any lines or flush valves at that one construction time.

TRWA suggests eliminating this “wrinkle” related to the “as installed” language by requesting that each subsequent meter request or line extension across any other part of that property be accompanied with a new signed easement that addresses the additional line(s) or meters to be installed with this current request.

There are no statutes or regulations I’m aware of that state a minimum distance between different utilities. I agree that since there are existing electric service lines and poles in that area, the new water line and meter should be installed a minimum of four feet away. This will provide both utilities with necessary space to make necessary repairs in the future without damaging each other’s facilities.

As a suggestion, your system maps should be updated to show their exact distance from these electric service poles or any other permanent reference, such as fences, creeks, roads, or buildings. This will be very beneficial for any future repairs or line locate requests.

Q: A volunteer fire department has asked us for an interlocal agreement stating that we will provide water for fire fighting purposes at no cost. We’ve been providing the water for free already, but are we required by law to do so? Also, can the department use the water for other purposes, such as washing their trucks?

What is the consensus across the state around such arrangements between volunteer fire departments and water supplies?

A: The TRWA Sample Tariff contains a sample agreement between water supplies and volunteer fire departments which has been used by many systems to address the particulars of the system’s responsibilities for providing water for re-fill only when used to suppress a fire emergency.

Many systems have been faced with these type questions and concerns about the end use of the

water being provided for free to departments across the state. Most have included language in their agreement that water cannot be taken from the water system to be used for any purposes other than fire-fighting.

Many volunteer fire departments have a training room or station that they may use for other purposes. For these facilities, the department is required to install a water meter, and they are billed for all usage through that meter. There have been instances of abuse of free water by some volunteer fire departments, such as offering to fill a swimming pool for someone who donated to their department. Of course, that water was never paid for and definitely was not used to fight a fire. To combat this, systems have either prohibited such practices totally or at least required all other uses of the water be paid for like any other regular customer on the system. The bottom line is there are no state statutes that require a system to provide free water to any type of fire department. However, if a public water system enters into a written contract, the system is obligated to abide by that written terms of the contract.

As for the volunteer fire departments using water from a hydrant or flush valve to wash their trucks and other equipment, that water is not being used to fight a fire, so the system can restrict that type of use to the paid water meter located at the department’s station. Along this line, someone with your system should check out any reported abuse of the written fire agreement. On some occasions a volunteer fire department will say they were fighting a fire, but for the last 30-45 minutes they are running the pumper trucks to wash down each truck prior to returning to their station, or using the water system’s hydrants to “conduct training drills.” Even for valid training drills, you should ensure that the department isn’t leaving hydrants wide open for a couple hours at a time.

Some volunteer and even city fire departments think that they can get water from any hydrant and use it for any purpose they desire. It is up to each water system to routinely provide training and written statements for the education of the current volunteer fire department staff as well as the system’s customers.

Q: Why are WSC board members unpaid?

We run a multi-million dollar a year corporation and have to fill our board with committed, Continued on page 18 Quench — September / October 2018 17

Continued from page 17

business-savvy members. How can we recruit for these positions with the expectation that they will spend time coming to meetings, conferences, and training as unpaid volunteers?

Is there any legal way to pay a non-officer board member for their time?

A: This is a very common question we’ve received for as long as I’ve worked here at TRWA. One of the main reasons is that WSC’s are nonprofit corporations, and system rates would have to increase to pay the costs associated with directors’ salaries. Additionally, back when many of these systems were created, they were looking for candidates who were community minded and wanted to contribute their time for their neighbors and fellow members on a volunteer basis. Along those same lines, USDA Rural Development Staff have raised the issue of whether we want someone to be motivated to run for a board position strictly because of the paycheck involved. We want people to be motivated out of a sense of community service, but I have actually heard a few new board members state that they never would have run in the first place if they’d known the position was unpaid.

Section 67.006 of the Water Code allows for officers to be paid a salary of no more than $5,000 per year, and for the secretary-treasurer to be paid an amount commensurate with his or her duties. The reasoning for paying officers is that in some smaller WSC’s, the secretary treasurer must fill out and mail monthly water bills, collect payments, and make deposits, along with paying the bills of the WSC. Additionally, the president or vice president may have to deal with daily management issues if the system didn’t employ a manager.

Direct management by the board was the norm for a large percentage of WSC’s established in the 1950’s, and even up until the 1980’s. There were still some smaller WSC’s that were still rotating the monthly customer billing between their unpaid board officers during the early 1990’s when I was a Circuit Rider.

But as you’ve pointed out, in today’s world WSC’s are not the same financially struggling systems they were even a decade ago. They are financially sound and some of the larger WSC’s have multi-million-dollar budgets. Some of these systems also have transitioned from rural to a more urbanized way of life. The folks in the cities are 18

Quench — September / October 2018

moving to the country and bringing issues with them that the original WSC board members didn’t face.

These changes have raised the level of involvement of WSC board members, causing them to have to stay abreast of a wide range of everchanging laws, rules and court cases relating to customer appeals, employee management issues, rising costs of repairs, and planning for construction of new improvements to meet their growing customer base. These and other situations are leading to longer and longer board meetings and the need for all board members to attend training sessions.

It may be time to revisit this statute to see whether all WSC board members could be compensated. However, there’s no telling what conditions would be placed on systems in exchange for this change. The trade off for paying WSC board members might be that they have to attend regulated training to prepare them to make decisions for today’s issues, for example.

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

USDA Accepting Disaster Assistance Applications for Systems Damaged by Hurricanes

I

n September, USDA–RD announced that USDA is seeking applications for grants to repair water and wastewater systems damaged by Hurricanes Harvey, Irma and Maria. Over $163 million in supplemental grants is available to qualifying systems, and applications will be accepted until all funds are exhausted.

records, office equipment, SCADA, etc., as well as most equipment. Please note that storm drainage or building new storm drainage does not apply with this funding; instead, systems would need to use the regular RD loan/grant program in these cases.

To be eligible for funding, the applying water and/ or wastewater facility must serve a rural area and be located in one of the federally-declared disaster counties for these hurricanes. In the instance of Hurricane Harvey, this includes the 41 originally declared counties. If you are located in one of the additional 19 counties Governor Abbott later declared as disaster areas for Hurricane Harvey, please visit the FEMA website to determine if that county is eligible for funding. This can be accessed at www. fema.gov/disaster/4332.

Funds must be used for repairs or reimbursement for expenses incurred as a result of damage caused by the hurricanes. This would include water offices,

For details and more information on how to apply, see page 46137 of the September 12 Federal Register. For your convenience, we have this document and other resources linked on TRWA’s website, which can be accessed by visiting www. trwa.org and navigating to the Texas Rural Water Blog.

Questions about the application process may be directed to the USDA Rural Development State Office. The Texas office can be reached at (254) 749700. You can also visit their website at https://www. rd.usda.gov/tx.

If you have any questions or need assistance, systems can contact their TRWA Circuit Rider, Wastewater Technician or their local USDA-RD Loan Specialist.

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How to Prevent and Reduce Trench Accidents

By Doug Riseden, Technical Support Manager, Krausz USA

W

orking in trenches are among the most dangerous work environments that utility workers and contractors can find themselves in. I have literally spoken to hundreds of pipe repair professionals across the country about this issue, and do everything I can to have it taken seriously. While the threat of being killed can’t be taken lightly, I often say that perhaps the worst thing that could happen is an injury that leaves workers disabled and a burden to their family. The costs in terms of lost wages, medical expenses and home care are staggering, and change lives forever.

According to the National Occupational Safety and Health Institute, there are an average of 54 deaths per year involving trench work and caveins in the U.S. alone with more than 1,000 injured annually. The tragedy of these statistics is that many of these accidents are preventable by simply having the right people on site with the right equipment and knowledge. Here are four critical steps to prevent and reduce trench accidents, and help ensure that workers come home safely after working within trenches.

1. Stop Taking Shortcuts/Implement Standard Operating Procedures Probably the simplest and most effective action to prevent trench accidents and death is to stop taking shortcuts and do what’s required to maintain safety. Sometimes installers won’t use a trench box, for example, because they’ll only be in the ditch for a short time. When I was at one site, I heard a worker give the excuse that “nothing’s happened yet” so it wasn’t a problem.

This kind of mentality is very short-sighted and dangerous. Every trench wants to cave in due to pressure on the walls of the ditch and gravity. You might have gotten away with not having an accident without the proper equipment or safety standard operating procedures, but that just means you are getting closer and closer to the time you will have an accident.

Standard operating procedures need to be created and, more importantly, followed every time without exception. These should include making sure you have the tools you need, such as trench 20

Quench — September / October 2018

Following standard operating procedures, such as using shoring to prevent trench cave-ins, are critical to ensuring worker safety.

boxes, ladders, gas detectors and other equipment required for successful trench repair operations.

These procedures must also include having a competent person on site who has the combination of training and on-the-job experience in soil analysis and protective systems (e.g. shoring, sloping and shielding) to properly oversee the safety of the operation.

Usually the crew leader, a competent person should evaluate the ditch prior to anyone entering it and identify and evaluate hazards on a continuous basis throughout the job. Most critically important, a competent person must have the authority to correct any hazards to the point of shutting down an operation. Any employee should have the ability to stop a job for these same reasons or refuse to enter a job that they consider hazardous. This may not be a popular thing to do sometimes, but taking this kind of action should be acceptable within the context of maintaining a safe work environment.

2. Get the Proper Training Before even getting into a trench, all workers must have the proper training that will help them stay safe while working in the ditch. The National Safety Council, the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) and many private companies provide

the training that all workers need to have. These classes include shoring, ditch safety and training to have a competent person on work sites. It is also critical to stay current with certifications as required for each one.

Make sure that you keep good records of pipes found in the ground each time a repair is made. With the correct information on pipe size and material, you can build your repair inventory and ensure you’ll be ready when an emergency arises. It’s important to choose reliable, large outside diameter (OD) range repair couplings and repair clamps with large OD ranges that can transition from one type of pipe to another, making repairs faster and easier.

3. Establish Lines of Communication Communication between crew members, local emergency services, media and residents is also very important. Before the job starts, supervisors should have a brief meeting to ensure all team members understand what will take place at the work site, what their role is and where they will be. Supervisors can draw attention to hazards, processes, equipment, tools, environment and materials to inform all workers of the on-site risks.

For large, planned projects, make sure that other department heads, finance officers, affected residents and the media are all part of your meetings. Your willingness to make these stakeholders a part of your project and future projects shows your professionalism and willingness to consider all parties affected. Your city commissioners will be more willing to listen to future funding requests and approve projects based upon your past and ongoing performance. Residents love to be informed about changes in their neighborhood and how their tax dollars are being used. It’s smart business!

Be in touch with local emergency services and discuss the hazards involved with trench work and how they would respond to an emergency cave-in situation. It’s also critical to be in communication with the emergency dispatch service (e.g. 911) for your area. Explain what will be required from them to handle an emergency involving a confined space or trench entry and the special services required within such an environment. You may want to sit down with the emergency services workers prior to any operation and discuss the hazards associated with trench operations. After obtaining details from emergency services, share this information with the installation crew, explain how rescue crews will respond and what workers can expect from them.

4. Use the Right Products When making repairs in trenches, time is of the essence. The less time workers are in the ditch, the chances of something going wrong decreases.

Having the right product on hand to make the repair can make all the difference in completing the job quickly and safely. The critical factor is being prepared with the right products on hand.

All the above four steps are critical to prevent and reduce trench accidents. Stop taking short cuts and ensure that standard operating procedures are created and implemented. All workers need to have the proper training, and communications with crews and emergency services are vital to handle any unexpected circumstances. Finally, make sure you have the parts you need to minimize time in the ditch. At the end of the day, it’s up to us to create a safe working environment for installation crews.

We must make every effort to do all that we can to ensure the job is done right and workers go home safe and sound.

Doug Riseden is the Technical Support Manager for Krausz USA, the makers of HYMAX, and has worked in the public utility field for over 20 years.

His extensive experience with water and wastewater repairs and operations includes working for municipalities and private contractors, and providing water services to the NATO-led security mission in Afghanistan as part of Operation Enduring Freedom.

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A Brief History of Water & Wastewater Treatment

By Charles Perkins, Energy Efficiency Program Circuit Rider, Texas Rural Water Association

Part One: Ancient Man to the Fall of Rome

I

have always been fascinated with history and the details of what has led us from where we were to where we are. Interests in other topics such as science and literature developed as well, but there was always an underlying desire to understand the way in which a particular subject had developed over time and what forces shaped its development. I can still remember attending my first wastewater training class, which fittingly enough was called “Basic Wastewater,” and I can still remember the opening section of the manual which contained a single paragraph dealing with the history of the subject.

Although quite brief, it contained the following quote: Deuteronomy 23:13 King James Version (KJV) “And thou shalt have a paddle upon thy weapon; and it shall be, when thou wilt ease thyself abroad, thou shalt dig therewith, and shalt turn back and cover that which cometh from thee:” 13

A biblical reference which seemed to allude to the historical beginnings of wastewater treatment coupled with the scientific aspects of the modern techniques employed in this field had me hooked. In the past 25 plus years as a water and wastewater operator, I have worked to add to my knowledge of how best to deal with the complex issues of natural resource management and public health. I have also enjoyed learning about what has brought us from digging a hole in the ground to the point at which treated wastewater effluent can be harnessed as a potential source of drinking water.

According to archaeological evidence, modern humans have inhabited the earth for some 200,000 years. Approximately 10,000 years ago, we evolved from a hunting/gathering lifestyle into an agrarian form of living. This enabled our ancestors to adopt a more centralized population, and villages, cities, and eventually states and nations developed. With this centralized population came a natural dependency on clean sources of drinking water. Early peoples in different regions had already begun to formulate 22

Quench — September / October 2018

the relationship between “good” water and “bad” water regarding overall health conditions, and they instinctively knew to avoid water with a bad taste or odor. Taste and odor were the dominant characteristics used to determine water quality, as mankind had not developed any other means by which to measure water standards.

Damascus Syria is believed by historians to be the oldest continuously inhabited city on Earth and was made possible as a human settlement due to its proximity to the Barada River. Evidence suggests that the original settlement near the river was first inhabited sometime around the year 10,000 B.C. This would be an example of one of the oldest continuously inhabited human settlements to utilize surface water as a permanent source of water for its populace. Scholars also date the city of Jericho as having been first settled in or around 9,600 B.C. Jericho’s original settlement received its water from the Ein as-Sultan spring (later called Elisha’s spring), which to this day exists as a free-flowing artesian spring and continues to provide water to modern Jericho. Although this water flows to the surface and therefore would be categorized as surface water, ancient Jericho represents one of the first examples of a continuously inhabited human settlement utilizing groundwater as a source for its population. Though scholars continue the debate on which city actually represents the oldest continually inhabited human settlement, these two historic cities both demonstrate the dependence on different sources of water for the development of human settlement.

Along with the need to secure a source for water for both human and agricultural consumption, early human settlements were faced with the same need that communities face today—namely the safe disposal of human waste and the associated diseasecausing pathogens contained therein. The diversion and application of wastewater for use in agricultural activities had been practiced for centuries, but as cities grew larger and population centers became further removed from agricultural areas, people found themselves facing new problems in dealing with the issue of waste disposal. With larger and larger groups

of people living within these areas, simply digging a hole in the ground was no longer a sufficient answer to the problem. Ancient Greek and Sanskrit texts dating from as early as 2,000 B.C. describe various methods for treating water including boiling and straining through sand and gravel filtration. King Minos installed one of the first known water closets with a flushing device in the Knossos Palace in Crete around the year 1,700 B.C. Sometime after the year 1,500 B.C. the ancient Egyptians discovered the principal of coagulation and began to use alum as a coagulant. Evidence of this method was found in pictographs on the walls of the tombs of both Pharos Amenophis II and Ramses II. Around the year 500 B.C., Hippocrates (the ancient Greek often called the “Father of Medicine”) recognized the healing properties of water. He invented the practice of using a sieve to strain particles from the water and is credited with the use of the first “bag filter” (referred to as a “Hippocratic sleeve”) to filter out sediments that caused taste and odor problems.

The ancient Romans are well known for their aqueducts which were built beginning in or around 300 B.C., but it was the ancient Assyrians who first employed this method of transporting water by building an aqueduct to carry water approximately 50 miles across a valley to the city of Nineveh sometime around the year 7,000 B.C. Certainly King Minos utilized this technology in his palace at Knossos as mentioned, and archaeological evidence suggests that the ancient Mayan civilization used a similar system to bring water to populated areas.

But without a doubt, it was the Romans who took civil engineering to a new level of sophistication.

The city of Rome boasted no less than 11 aqueducts covering an astonishing 310 miles and taking an estimated 500 years to complete. The Roman system was mostly underground to protect the water from pollution and from possible attack during periods of war and was used to bring fresh water from the mountains into the city and to carry away some of its waste. Wastewater treatment at this time had not evolved past the point of trying to remove waste from the populous areas. Additionally, public facilities, which consisted mainly of communal latrines, were widely used throughout the world and these generally provided no means of waste removal. These conditions were coupled with a generally poor understanding of the importance of hygiene. For example, the roman elite had a system of conveyance which would carry the wastewater

out of their homes but provided no real amenities for handwashing, and the poor relied on water obtained from public fountains and the use of public toilets.

This combination made the outbreak of waterborne diseases such as cholera and typhoid significant threats to public health. Malaria was another very real concern during this period in the Mediterranean region due to areas where water could pool and stagnate. Further, due to the state of engineering at the time, lead piping was common in the ancient Roman water system. While modern science has demonstrated the dangers posed by lead to humans, this was certainly not known by the ancient Romans.

It has been suggested that the constant flow of water through the piping coupled with the calcium content of the water forming a protective coating within the pipes themselves may have helped to minimize the lead exposure to those ancient citizens.

Even with the problems still faced by ancient population centers during the period of the Roman Empire, some major advancements were made in the treatment of water used for human consumption and in the attempts to either centralize the waste products produced or to remove them from the population centers to maintain and improve the public health.

Aquifers and a system of piping and underground channels were employed to deliver fresh water at a constant or near constant flow; and to protect it from the elements and possible contamination by human and animal wastes. Sand and gravel filtration, as well as coagulation techniques, had been developed to aid in the removal of particulate matter from drinking water and mitigate taste and odor concerns which, as mentioned earlier, were the only real means for determining drinking water quality at the time. Heating and boiling of water intended for consumption was known to be practiced on an individual household level due to the engineering and cost factors associated with attempting to use this method on a large scale.

Much had been accomplished since the early days of digging open channels to divert surface water for use as irrigation and drinking sources. The groundwork for many of the techniques commonly used today in the treatment of potable drinking water had already been established. Although public latrines were not too far removed from the digging of a hole for individual use, the use of toilets with some sort of waste removal system indicates that the knowledge of the importance of removing such waste was known. What was lacking was the engineering Continued on page 24 Quench — September / October 2018 23

Continued from page 23

and scientific knowledge necessary to effectively remove waste and to apply the same techniques employed in the early stages of treating drinking water. This was needed to ensure the continuation of safe viable water sources and to protect the public from those diseases which were beginning to be associated with water and wastewater. Just as humans seemed to be on the verge of making these connections and inventing new and more modern techniques to protect the health of the urbanized populations in their great cities, an event occurred which would not only halt that progress, but would inevitably lead to a decline in the overall state of scientific and human development for a thousand years. The fall of the Western Roman Empire (generally dated to the overthrow of the Emperor Romulus in 476 A.D.) would trigger political and cultural changes which would bring about the Dark Ages (500 A.D. – 1500 A.D.) and bring scientific and cultural progress to a standstill.

Read about water and wastewater in the Dark Ages and beyond in part two of this series, which will be published in the November/December issue of Quench. For questions, please contact Charles Perkins, who conducts our Energy Efficiency Program, at 512-472-8591.

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Apply Today for a TRWF Student or Professional Scholarship

T

By Lisa Adams, Foundation Development Director, Texas Rural Water Foundation

he Texas Rural Water Foundation (TRWF) is pleased to announce that the 2019-20 TRWF Student Scholarship application window is now open. Applications and eligibility requirements can be downloaded at www.trwa. org under the "Resources" tab.

The TRWF Student Scholarship Program was established to recognize and assist qualified individuals in their pursuit of a higher education and a potential career in the water and/or wastewater industry. This program is designed to help defray the costs of tuition, fees, books and/or room and board. The number of annual scholarships awarded and the amount of each scholarship will be based upon the number of qualified applicants and the amount of funds in the TRWF Scholarship Fund for the academic school year 2019–20. In the last scholarship cycle, four students were awarded scholarships of $2,000 each.

Introducing the New Dwayne Jekel Student Scholarship We are also happy to announce the introduction of the new Dwayne Jekel Student Scholarship which will be awarded to the highest scoring applicant in the amount of $3,000.

Thanks to an endowment set up by the Jekel family, the Dwayne Jekel student scholarship will benefit students who are interested in the water and wastewater industry.

Mr. Frank Dwayne Jekel served on TRWA’s Board of Directors for 30 years from 1982– 2012. He was a water industry leader who owned and

operated D&L Service Company in Cameron, Texas. He earned his bachelor’s and Master of Education Degree in Agricultural Education from Texas A&M University.

Mr. Jekel’s dedication to water and his community will never be forgotten. His legacy and mission will continue thanks to the generosity of his family.

Eligibility TRWF is particularly interested in supporting students who seek a career relating to the water and/or wastewater industry or a career that will support rural Texas. Former student scholarship recipients are invited to apply for a continued scholarship. To be eligible to reapply, these applicants must provide transcripts to demonstrate that they are in good academic standing.

All recipients of student scholarships will be required to provide proof of full-time enrollment each semester for which the scholarship is awarded at an accredited institution of higher learning. Payment will be dispersed immediately upon proof of enrollment.

All applications must be received by 5 p.m. on February 1, 2019. You can mail it to: TRWF, Scholarship Committee, 1616 Rio Grande, Austin, Texas 78701.

TRWF Professional Scholarships Now Available Year-Round Beginning in 2018, Professional Scholarship applications are now accepted year-round and awarded quarterly. If you are an employee of a system and are interested in pursuing continuing education and career advancement in the water and/or wastewater industry, we encourage you to apply for our Professional Scholarship!

The TRWF Professional Scholarship Fund Continued on page 26 Quench — September / October 2018 25

Continued from page 25

was established to recognize and assist qualified individuals in their pursuit of continued education and career advancement in the water and/or wastewater industry. Applicants can apply more than once a year; however, if awarded, the applicant must wait a full year from the award date before applying again.

This scholarship will reimburse industry professionals up to $400 for their attendance and completion of a TRWA-approved 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.

If you or someone you know is interested in applying, please download an application at www.TRWA.org. Please share these opportunities with your peers and community members who may benefit from one of these programs.

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

Code Updates In-Service Cleaning NEW TANKS — Rick DiZinno (270) 826-9000 ext. 2601

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EXISTING TANKS — Patrick Heltsley (270) 826-9000 ext. 4601

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PH₂OTOSTREAM What do you see in Rural Texas Water?

Enter photos under four different categories:

Deadline: January 15th 2019 Rural Texas Water Water Infrastructure Water Conservation and Drought Rural Water History

CASH PRIZES AND MORE! WWW.TRWA.ORG/photostream Photo Credit: 2018 PH₂OTOSTREAM Contest Category Winner - Patrick Steger

Now Accepting Nominations for the TRWA Awards of Excellence

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By Kelsey Copeland, Communications Specialist, Texas Rural Water Association

ural water and wastewater systems possess the ability to transform obstacles into opportunities, provide efficient service and ultimately produce clean, safe drinking water. This takes dedication from consummate professionals who can skillfully combine industry knowledge, experience and leadership. Texan water systems are built on merit and TRWA proudly salutes that spirit and determination with its annual Awards of Excellence.

We are now accepting nominations for the 2019 Awards of Excellence. This program includes awards for outstanding individuals and also for efforts system-wide that exemplify dedication, innovation, and creativity.

Our individual awards were created to recognize the shining stars of our member utilities, seeking to honor their spirit and commitment in support of their system and the larger community. Individual awards are given in the following categories: Excellence in System Management: This award recognizes any manager of a member utility who exemplifies exceptional leadership and oversight skills. This includes general managers, superintendents, assistant general managers, system managers, plant managers, etc.

Excellence in Administration: This award is meant for any and all office personnel whose support and dedication keep their utility’s office administration running smoothly on a day-to-day basis. This includes office managers, administrative assistants, bookkeepers, accounting clerks, customer service representatives, secretaries, receptionists, etc.

Special thank you to Live Oak Bank for sponsoring this award this year!

Excellence in Operations: This award is designed to recognize any personnel who are instrumental in the technical operations of your utility, and go above and beyond the call of duty in their work. This could include any operator, instrument or maintenance technician, field manager, utility service worker, etc., whose expertise and hard work are an invaluable asset to your system.

This year, we will also give out two system-wide awards in the category of Excellence in Grassroots Engagement—one for systems serving 1,500 or fewer connections and another for those serving more than 1,500 connections. This award is designed to applaud utilities that have successfully launched a grassroots campaign or activity in their community to foster political participation, raise awareness, garner support for an issue, raise money, and/or build brand recognition. Special thank you to Master Meter for sponsoring the large system award this year!

Use this opportunity to recognize a teammate or to showcase the hard work of your entire system.

To nominate your system, fill out our Awards of Excellence nomination form, which includes a brief essay detailing the reason for your nomination. Only TRWA member systems and their employees are eligible, but anyone can nominate you or your system for this award!

Do you already have a person or a campaign in mind while reading this article? Good! Get started on your nomination now and submit it online at www. trwa.org. All entries must be postmarked or delivered

by February 1, 2019 to be considered.

All award winners will be honored during the Awards Ceremony at RuralWaterCon in March and will be featured in the spring issue of this magazine.

Individual winners will each receive a $500 prize and a commemorative plaque. The system-wide winners will each receive a $1000 prize and commemorative plaques.

If you have any questions about the nomination form or the awards process, or if you are interested in sponsoring one of the awards, please contact the TRWA Communications Department at (512) 4728591 or editor@trwa.org.

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TRWA Briefs

Kent Watson Elected President of National Association

Groundwater District Director and a Deacon at Bethan Baptist Church.

Watson will serve as president of NRWA for the next two years, the nation’s largest water utility association representing over 31,000 members, including TRWA's members and the members of other affiliate state associations. He will be a key voice representing Rural Water at national industry events, with federal government agencies and in the halls of Congress.

“I pledge to represent this great organization with the integrity and professionalism you’ve come to expect,” he addressed conference attendees. “I will need your help and I will help you. This will be a common goal to better the water and wastewater industry across these great United States.”

TRWA District 12 Holds Annual Meeting NRWA outgoing President Steve Fletcher passes the torch to Kent Watson during his inaugural luncheon at the WaterPro Conference in Fort Worth.

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RWA Board Director Kent Watson was elected as the President of the National Rural Water Association (NRWA) in September. He will lead the Executive Board that includes Senior Vice President David Baird of Delaware, Vice President John O’Connell, III of New York, Secretary Glen Womack of Louisiana, Treasurer Phillip Combs of Tennessee, Immediate Past President Steve Fletcher of Illinois, and Board Members Chris Kenyon of Michigan, David J. Peterson of Kentucky and Pat Williams of California.

“This is the pinnacle of a career that started about 40 years ago in the water and wastewater industry,” said Watson as he was surrounded by his closest friends and family during his inaugural luncheon at the WaterPro Conference in Fort Worth.

Watson celebrated 30 years on the TRWA Board earlier this year at our annual Convention. He has worked for the Wickson Creek Special Utility District in Bryan, Texas for 31 years, where he serves as the General Manager. The District supplies water to more than 7,000 customers in an area of approximately 750 square miles in portions of Brazos, Grimes and Robertson Counties. He was elected to the NRWA Board of Directors in 2008. In addition to his work in rural water, he has served as a Brazos Valley 28

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istrict 12 held their annual meeting on Saturday, September 22. Approximately 65 people representing nine systems attended the meeting.

The event included refreshments, invited speakers including Representative Lance Gooden and TRWA Board Director and College Mound SUD General Manager Shirley Thompson, and a live auction benefitting the Texas Rural Water Political Action Committee (PAC).

Representative Gooden spoke on the importance of knowing and visiting with your legislators and familiarizing them with what is important to you and why. Then Thompson spoke on the two main issues TRWA will be tackling during the upcoming legislative session—groundwater permitting and CCN decertification without compensation. She also spoke about the Texas Rural Water PAC—funded by individuals interested in making a difference

District 12's annual meeting included refreshments, invited speakers, and a live auction benefitting the PAC.

for Texas rural water systems—and how it is used for advocating for rural water issues at both state and federal levels. Following this discussion, the district held a live auction and raised over $2,300 to contribute to the PAC!

36,000! Topics included an educational piece about water utility operators, legislative hot topics that utility customers should know, smart watering tips, and simple ways customers can help protect their public water supply.

Thompson also introduced TRWA’s new consumer magazine, Texas on Tap, which was launched in early October. Her system, College Mound SUD, along with 11 other TRWA members, participated in the launch to educate the public and garner customer support. She passed out sample issues to everyone in attendance and asked them to discuss this new public outreach initiative with their boards.

Subscribers also had the option of also upgrading to a customized version which included four pages of the magazine to fill with their own regionalized content.

Thank you to Shirley Thompson and Paula Weber, general manager for Ables Springs SUD, for organizing this event. And a special thank you goes out to everyone who attended the event and participated in the auction to support our PAC!

TRWA Launches Consumer Magazine

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e are excited to announce that we have officially launched our new consumer magazine, Texas on Tap! Our first issue was mailed in early October and had a distribution of over

Texas on Tap was created with the goal of building public support for local water utilities and for the industry as a whole. The content is driven by an editorial board of Association staff and representatives from all participating systems.

We plan to release our next scheduled issue in February 2019. If your system is interested in participating and would like to learn more, visit www.trwa.org and click on “Publications” to find the “Consumer Magazine” option. There you will be able to see a digital sample issue and learn more about price points. You may also request a hard copy sample by email at editor@trwa.org.

If you have any questions, please feel free to call us at 512-472-8591 and ask to speak to someone from our Communications Department.

TRWA is proud to participate in this Texas Tribune Event

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n November 12-13, the Texas Tribune will be hosting a symposium on the Future of Rural Texas at the Texas A&M University campus in College Station. We encourage our member systems to attend this free event and help us represent the interests of the rural water and wastewater industry in Texas. TRWA Executive Director Lara Zent will be participating on a natural resources panel discussion, and we are proud sponsors of this event. This event is free and open to the public, but pre-registration is required. Full event details and registration can be found online at: https://www.eventbrite.com/e/the-future-of-rural-texas-a-texastribune-symposium-registration-48832103135.

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Across 3. Texas Commission on Environmental _______ 4. Not a copy or imitation 6. _____ Leaders, TRWA's Leadership Program 7. Add territory to one's own by appropriation 8. Salvage Your ___, TRWF's metal recycling campaign 10. Board of ______ 14. Neptune's largest moon 15. Cut a small bit or bark at slightly 18. Property of matter by which it continues in motion in a straight line unless acted upon by an external force 19. Author of poems The Raven and Annabel Lee 23. Underlying facilities needed for the operation of society 24. Introduce air into 25. Animal similar to an alpaca 28. Tom ___, Patriots quarterback 31. Not permanent 34. Public ___ Commission of Texas 35. Group of trees 36. Detonate 38. Mineral component present in seawater 30

Quench — September / October 2018

Down 1. Conduit for carrying off drainage water and waste matter 2. Making mountains out of _______ 3. Satisfy thirst 5. Seepages 9. Non-military person 11. Certificate of public _____ and Necessity 12. Foot soldiers 13. The "Show Me" state 16. Level above state and local 17. Not underfoot?

20. Substance that flows out from something 21. Price assigned to water supplied by a utility to its customers 22. Tap 26. A newly established business, esp. in the tech industry 27. Texas Governor 29. Capable 30. Proposal 31. Platform for tweeting 32. Zodiac sign featuring two fishes 33. Wet precipitation 37. Nighttime bird

Plan Ahead CONFERENCES: November 7-8, 2018

Fall Management Conference, Embassy Suites Dallas-Frisco

January 10-11, 2019

TRWA/TWCA Water Law Seminar, Omni Austin Southpark

March 28-29, 2019

RuralWaterCon 2019, Renaissance Hotel Austin

OPERATOR TRAINING COURSES: Water Credit Courses

Water Laboratory: Gonzales, November 6-8 Groundwater Production: Lorena, August 21-23  San Antonio, September 11-13

Water and Wastewater Credit Courses

Chlorinator Maintenance: Harlingen, December 4-6  Fair Oaks Ranch, December 18-20 Customer Service Inspections: Bells, November 7-8  Lorena, December 18-19 Pump and Motor Maintenance: San Antonio, November 6-8 Utility Safety: Tom Bean, December 4-6 Utility Calculations: Harlingen, November 13-15 Valve and Hydrant Maintenance: Kempner, November 2-29  Winnsboro, December 4-6

Wastewater Credit Courses

Wastewater Collections: Texarkana, November 13-15 Wastewater Treatment: Fair Oaks Ranch, November 13-15

Public Funds Information Act Training

Initial and Renewal: Dallas/Frisco, November 6

Advertiser Index

AIA Insurance Agency........................................... Page 6 American Flow Control.................................................19 Childress Engineers...................................................... 11 Chlorinators Incorporated............................................15 CoBank...........................................................................16 Daniel & Brown, Inc.......................................................15 HRM Land Acquisition Solutions.................................15 J.F. Fontaine & Associates...........................................15 KSA Engineers...............................................................21 Live Oak Bank................................................................ 11 Maguire Iron...................................................................18 NewGen Strategies & Solutions...................................14 Pittsburg Tank & Tower Maintenance Co., Inc............26 Russell Drilling Co., Inc................................................24 SAMCO.............................................................................9 Schaumburg & Polk, Inc...............................................14 Smith Pump Co., Inc......................................................24 Tank Connection............................................................26 Texas Aquastore............................................................24 USA Bluebook................................................ Back Cover Quench — September / October 2018 31

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