July/August Quench

Update on the 85th Legislative Session Also Inside:

Setting Proper Rates for Your Water System Wastewater Treatment Plan Process Control Testing

July / August 2017 www.trwa.org

TRWA Today

TRWA Board of Directors

Leadership Team

Lara Zent Executive Director and

General Counsel Officers

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

Deborah McMullan 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) 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 — July / August 2017

Field Staff

Thomas Acker, Jr.

Michael Beadnell

Nathan Cantrell

Alex Eaves

Paul King

Steven Mindt

Charles Perkins

Bruce Pearson

Refugio Rodriguez

Anne Ruthstrom

James Smith

Quentin Turner William White

Instructor Instructor Wastewater Technician Wastewater Technician Circuit Rider FMT Specialist Circuit Rider Instructor FMT Specialist Source Water Protection 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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Features:

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

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Ask Larry

5 16

Keep it Legal

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Classified Ads

30 31 31

Answers to your technical questions Answers to your legal questions

Advertiser Index Plan Ahead

TRWA’s Calendar of Events

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AmazonSmile Gives Back to TRWF's Veteran Employment Program

By Lisa Adams, Texas Rural Water Foundation The Texas Rural Water Foundation (TRWF) has partnered up with AmazonSmile to help support the mission of giving back to the rural water community and our veterans.

Update on the 85th Legislative Session

By the TRWA Lobby Team The 85th Legislative Session posed several significant challenges for those of us in the water business.

11 The Different Methods of Sensory Teaching

By Thomas Acker III, Texas Rural Water Association We all have the capacity to learn using one or a combination of these three basic sensory techniques.

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Setting Proper Rates for Your Water System

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Wastewater Treatment Plan Process Control Testing

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TRWA Welcomes New Staff

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TRWA Briefs

Technical Assistance Corner: Blending Chloraminated and Chlorinated Water

By Celia Eaves, Texas Rural Water Association Maintaining disinfection residuals in the distribution system is vital for protecting public health.

By Paul King, Texas Rural Water Association It doesn't matter what type of water system you run, you still must make a profit to sustain your system.

By Charles Perkins, Texas Rural Water Association Process control testing is a very important procedure that should be performed by all wastewater treatment systems.

Read on to learn more about recent staffing changes at TRWA.

1926(b) Win for Green Valley SUD; Pass the Hat for PAC in September; TRWA Board Director Testifies before U.S. House Committee on Agriculture; Save the Date for our Fall Conferences

On the Cover: "Reaching for the Sun" Photo Credit: Marlyss Brightwell, PH 2OTOSTREAM 2017 Rural Texas Water Category Finalist Quench — July / August 2017 3

President’s Message

Greetings Friends and Neighbors, I enjoyed seeing many of you at the TRWA Training and Technical Conference in Galveston this past July. The weather was great and the food was filling.

Those who attended the Family Fun Fish Fry enjoyed great food and challenged themselves to a variety of trivia questions. This is the second year TRWA has held the fish fry and it has been enjoyed by all who attended and joined in on the fun, laughter and friendly competition. The proceeds from this event go toward the TRWA Political Action Committee (PAC), which helps our association get our message to our legislators.

“I urge you to continue your education as often and as much as you can.”

The annual Technical Conference is always a busy week for Board Members and the TRWA staff that are assigned to work and support the conference.

The Board meetings begin on Sunday with the Executive Committee, then on Monday and Tuesday the full Board convenes to their assigned committee meetings. These meetings give the TRWA staff an opportunity to present information for the Board to consider, which includes updates regarding the work and progress TRWA has made. The committee meetings are informative and play an important role in the operation and advancement of the Association and the TRWA Members.

I have been in the utility business over 20 years and have always looked forward to the conferences. TRWA conferences have given me the opportunity to share my problems and success with others in the business. Many members can attribute TRWA for providing the classes and conference sessions that educated the operators of their utilities.

I urge you to continue your education as often and as much as you can. As the utility business is faced with obstacles, the current workforce of utility operators and those new to the industry need the education and resources to rely on to perform their jobs and to produce a safe and quality product.

Please keep in touch with the staff at TRWA and check the website (www.trwa. org) for upcoming educational opportunities and conferences.

I hope to see you again, soon.

It’s a great day to be a Texan!

Pat Allen President Texas Rural Water Association

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Quench — July / August 2017

Letter from the Executive Director

Thanks to your membership with TRWA, we are able to advocate on the national level to protect the interests of Texas rural water. These efforts are leveraged through our affiliation with the National Rural Water Association (NRWA).

I wanted to share with you about the great representation you receive in Washington D.C.

NRWA employs four lobbyists in their D.C. office who are top in their field when it comes to having key relationships and understanding the ins and outs of getting things done in Congress and in the federal agencies for rural water. The team is led by Bill Simpson and includes Keith Heard, Mike Keegan and Michael Preston.

The NRWA board of directors consists of one representative from each state association. Our representative is Kent Watson, the general manager of Wickson Creek SUD, who has served on our board for 29 years. Kent currently serves on the NRWA Executive Board as Secretary, and he serves as the Chair of NRWA’s Legislative Committee. Kent also travels the country presenting at rural water association conventions and participates in high-level meetings, most recently with Scott Pruitt, the new EPA Administrator.

There are two Congressmen from Texas who serve in key leadership roles on the House Agriculture Committee, which oversees the USDA programs.

Congressman Mike Conaway serves as the Chair and Congressman Filemon Vela serves as the Vice Ranking Member. We have cultivated good relationships with both of them. Recently, I was contacted by Congressman Conaway’s office because he was planning to be in Austin in June and wanted to meet with us.

We had the opportunity to discuss with him our concerns about the President’s budget eliminating the USDA–RD loan and grant and circuit rider programs. He assured us that he will continue to support these programs and that Congress plans to continue to fund them. He also shared that infrastructure investment in broadband for rural areas is a high priority for his Committee.

“Thanks to your membership with TRWA, we are able to advocate on the national level to protect the interests of Texas rural water.”

Brian Macmanus, the general manager of East Rio Hondo WSC, serves as TRWA Board’s Vice-President and is the chair of our Legislative Committee.

In July, he was invited to D.C. to be one of six individuals to provide testimony before the House Agriculture Committee, which was holding a hearing on the need for rural infrastructure investment. He did a great job discussing the value of the USDA–RD loan and grant programs and suggested improvements for the application process.

Every February, NRWA holds the “Rural Water Rally” in Washington D.C. where representatives of all the rural water associations advocate to their congressional delegations to support rural water and to continue to fund key programs. If you are interested in joining our Texas team in this effort, please let me know. The next Rally is scheduled for February 5-7, 2018.

I also wanted to mention that Texas will be hosting NRWA’s Water Pro Conference in Fort Worth September 17-19, 2018, so please mark your calendars. This will be a great opportunity to interact with rural water folks from all over the country and to show them a warm Texas welcome.

Thank you for all that you do every day for our rural Texas communities!

Best regards,

Lara Zent Executive Director and General Counsel Texas Rural Water Association

Quench — July / August 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 — July / August 2017

AmazonSmile Gives Back to TRWF's Veteran Employment Program

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

T

he Texas Rural Water Foundation (TRWF) has partnered up with AmazonSmile to help support our goals of giving back to the rural water community and our veterans.

AmazonSmile is a simple and automatic way for you to support your favorite charitable organization every time you shop, at no cost to you. When you shop at https://smile.amazon.com, you’ll find the exact same low prices, vast selection and convenient shopping experience as Amazon.com, with the added bonus that Amazon will donate a portion of the purchase price to the Texas Rural Water Foundation.

The TRWF mission is to strengthen and advance the water and wastewater industry and to support and expand on the work of the Texas Rural Water Association. One program that helps to fulfill our mission is the Veteran Employment Program (VEP).

The VEP focuses on assisting eligible veterans to obtain the employment, training and education needed to successfully transition from a military to a civilian workforce in the water and wastewater industry. Jobs can range from administrative, management to operations.

If you shop online with Amazon, you can help to make a difference by signing up using your personal Amazon account. It’s free! You’re not only supporting the veterans in our program, but you are also supporting the utility companies that hire these wonderful heroes.

One of these heroes is retired Army Sergeant First Class Devon “Joe” Joseph, who is among the veterans that reached out to TRWF for assistance with employment after dutifully serving for 20 years in the United States Army as a Mechanic Supervisor.

He served in Bosnia, Iraq and Afghanistan and eventually retired at Fort Bliss in El Paso.

Joseph found himself needing to utilize his skills in a new position that was both “a job with responsibilities” and a way of “contributing to the community.” After reaching out to the VEP, the Foundation was able to help him find a job at a wastewater treatment plant in Pecos, Texas.

The Foundation also assisted Joseph with the process of obtaining his Wastewater Operator “D”

Veteran Devon Joseph now works at a wastewater treatment plant in Pecos thanks to his participation in the VEP.

License. The VEP not only helped Joseph find and get the proper training for a new exciting job, but we helped a rural water company fill a vacant position with a highly qualified and motivated individual.

Joseph is one of many veterans who brings with them a strong work ethic and a defined ability to work as a valuable member of a team, while being adaptable and reliable. TRWF is committed to assist more veterans like Joseph.

To support us, please visit the link at https:// smile.amazon.com and select Texas Rural Water Foundation as your charitable organization of choice.

By signing up with AmazonSmile and shopping online Amazon will donate up to 0.5 percent of your purchase to TRWF. Signing up with AmazonSmile is free, easy, automatic and will help us to raise more awareness for our veterans and the water industry.

Don’t forget to tell your friends and family about AmazonSmile. This is a great opportunity for you to support the Texas Rural Water Foundation and our veterans.

To learn more about the Texas Rural Water Foundation and our programs, please visit our website at www.texasrwf.org, email Foundation@ texasrwf.org or call 512-472-8591.

Thank you to Jessica Santillan, TRWF Intern, for assisting with this article.

Quench — July / August 2017 7

Update on the 85th Legislative Session By the TRWA Lobby Team, Texas Rural Water Association

T

he 85th Legislative Session proceeded with much fanfare on issues such as immigration and privacy, but also posed several significant challenges for those of us in the water business.

TRWA’s legal and legislative team rose to the occasion, tracking 638 bills and resolutions in 30 different categories and engaged further to support or oppose 11 bills. We were successful in getting sponsors for our three bills and got House Bill (HB) 544 by Rep. Doc Anderson passed into law, adding planning to the types of assistance the Texas Water Development Board (TWDB) can provide to rural systems.

HB 1318 by Rep. Eddie Lucio III was our groundwater permitting bill aimed at addressing the way groundwater conservation districts (GCDs) issue permits to water utilities. The bill received a hearing in the House Natural Resources Committee where TRWA Board Member Kent Watson gave persuasive testimony giving rise to negotiations with the Farm Bureau, Cattle Raisers and several GCDs on consensus language. We worked hard to pass the agreed language as an amendment to another bill in the Senate; however, a few GCDs were able to keep this measure from passing. The entities who worked with us have pledged to continue to do so over the interim, with the goal of going into next session with agreed language.

Our CCN bill, HB 2187 by Rep. Eddie Lucio III, was met with significant opposition from developer interests, cities and the senator who authored SB 573 in 2011, but also received a hearing in the House Natural Resources Committee with compelling testimony from several TRWA Board Members and friends. This testimony garnered recognition by several legislators that there are problems to be solved. We made progress working with these groups identifying areas of common ground and plan to continue the conversation about CCN decertification issues during the interim to find solutions.

We also supported HB 1530 that would have allowed electronic notice in lieu of newspaper notice and House Joint Resolution (HJR) 36 that would have allocated more money for the EDAP program.

Ultimately the session, marked by a tight budget

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Quench — July / August 2017

and political gamesmanship, resulted in no new programs being funded for the upcoming biennial, including HB 544, and ended with the Governor’s veto of 51 bills, including seven noncontroversial water bills.

Some of our biggest gains this session came from those bills we helped to defeat by testifying against them. Senate Bill (SB) 1587 would have required utilities to replace lead service lines for school and day care facilities on the customer’s side of the meter. HB 3028 would have changed how groundwater ownership is viewed, requiring recognition of a landowner’s fair share of water beneath their property. SB 740 would have imposed significant additional requirements for utility line easements. SB 1392 would have removed a GCD’s ability to consider historic use in their permitting decisions.

We suggested alternate language for SB 294, a bill that would have required the Public Utility Commission (PUC) to initiate decertification proceedings for investor-owned utilities (IOUs) based on repeated TCEQ violations. Our suggested solution was incorporated into the final bill, leaving the CCN law intact. We also provided input on SB 248, which started out as a statewide bill creating a streamlined dissolution process for SUDs, but ended up being bracketed to Chisholm Trail SUD. In total, there were 7,051 bills and resolutions filed during the 85th Legislative Session; but just under 18 percent of these became law. Following are some of the key bills that passed and will become effective on September 1, 2017, unless otherwise noted.

WATER CONSERVATION HB 965 by Springer and Perry authorizes a retail public utility to require a correctional facility customer to comply with its water conservation measures. The law became effective on May 29, 2017.

HB 1573 by Price and Creighton requires the TWDB to establish rules requiring water loss audits to be completed by a person trained to conduct water loss auditing. The bill requires the TWDB to make training on water loss auditing available without charge from the TWDB's website. The TWDB may

provide training in person or by video or a functionally similar and widely-available medium.

HB 1648 by Price and Seliger requires the TWDB to require a retail public utility that provides potable water service to 3,300 or more connections to designate a person as the water conservation coordinator responsible for implementing the water conservation plan and to notify the TWDB Executive Administrator of this person.

GROUNDWATER SB 1009 by Perry and Larson amends the Water Code to limit what additional information a GCD can require when determining that an application for a permit or permit amendment is administratively complete. The law requires that any additional information requested be included in a rule of the GCD and be reasonably related to an issue that the GCD is authorized by law to consider.

WATER RIGHTS HB 3735 by Frank and Rodriguez amends the Water Code to give water right permit holders the right to expedited consideration of permit amendments if they begin using desalinated seawater. The law also requires TCEQ to verify that the necessary fee is paid prior to recording or otherwise processing an application and allows TCEQ to specify mapping requirements for any new or amended water right.

SB 864 by Perry and King amends the Water Code to require notification to GCDs when an applicant for a water right proposes to use groundwater as an alternative source of water.

DISTRICTS / POLITICAL SUBDIVISIONS HB 1946 by Parker and Taylor amends Water Code Section 49.184(e) to make contracts or leases incontestable, if the proceeds are pledged to the payment of a bond and if submitted with the bond approval request, once the bond is approved.

HB 2647 by Stephenson and Taylor amends the Public Funds Investment Act to make interest-bearing banking deposits that are guaranteed or insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund authorized investments under the Act, with certain exceptions. This law became effective June 15, 2017.

SB 554 by Kolkhorst and Metcalf amends Section 49.063 of the Water Code that requires districts to post meeting notices at a public place within the district if the meetings are not held in the district.

This bill limits the applicability of this notice to the

first meeting of each calendar year and requires the district to include in the notice the opportunity to petition that the meetings take place within the district under Section 49.062.

SB 622 by Burton and Lozano amends the Local Government Code to require the proposed budget of a political subdivision to itemize certain public notice expenditures to allow a comparison between the expenditures in the proposed budget and actual expenditures for the same purpose in the preceding year. Applies to fiscal years beginning on or after January 1, 2018. The law became effective on June 9, 2017.

SB 1289 by Creighton and Paddie adds a new provision to the Government Code also referred to as the “Buy America” law. It requires political subdivisions, including water districts, to use U.S.produced steel and iron products in projects financed, refinanced or partially funded by money from a state governmental entity such as the TWDB, but provides some exceptions.

ELECTION CODE HB 1661 by Phelan and Nichols amends the Election Code regarding candidates who withdraw from an election. If the candidate complies with the requirements for withdrawal, even if it is untimely, the authority responsible for preparing ballots for the election may omit the name of the candidate if the ballots have not been prepared. If the withdrawal leaves the election uncontested, the authority responsible for preparing the ballots can certify in writing that the candidate is unopposed.

HB 2157 by Miller and Bettencourt amends the Election Code to require both a candidate's application for a place on the ballot and the affidavit of the circulator of a petition in connection with such an application to be signed, sworn and executed, as applicable, before a notary public.

SB 957 by Campbell and Laubenberg amends the Election Code to require each political subdivision's proposition on a ballot on which more than one measure is to be voted on to be assigned a unique number or letter on the ballot. The Secretary of State is required to prescribe procedures for the numbering. This law became effective on June 1, 2017.

INVESTOR-OWNED UTILITIES (IOUs) HB 294 by Walle and Garcia amends the Water Code to allow the TCEQ or PUC to request that Continued on page 10 Quench — July / August 2017 9

Continued from page 9

the Attorney General bring suit for the appointment of a receiver to collect the assets and carry on the business of an IOU that violates a final judgment issued by a district court.

HB 1083 by Perez and Rodriguez amends the Water Code to allow the PUC to authorize an IOU to establish a class of rates for elderly people at a lower rate than other classes, and allows for utilities to establish a fund to receive donations to recover the costs of providing these reduced rates. The new law prohibits recovery of costs through charges to other customers.

SB 1842 by Lucio and Phelan amends the Water Code to facilitate partnerships between Class A IOUs (10,000 or more connections) and municipal utility districts (MUDs) by establishing a process for a Class A utility to amend the CCN area of a MUD, by agreement, when the IOU is providing service to the MUD by contract. This would allow the utility to have the same rights and powers under the CCN as the MUD. The bill does not apply to MUDs in the Houston/Harris County area.

Code to give the TCEQ Executive Director authority to issue, renew, reopen, transfer, amend, extend, withdraw, revoke, terminate or modify a permit, license, certificate, registration or other authorization approval in a contested matter that has become uncontested before parties are named. The law also adds procedures for filing a petition to review, set aside, modify or suspend a ruling, order or decision.

INTESTACY SB 499 by West and Wray amends the Property Code to add the Uniform Partition of Heirs Property Act. The new law will impact who has the right to property after the owner’s passing, which may impact, for example, who would be entitled to membership in WSC. LICENSING HB 1508 by Giddings and West amends the Occupations Code to require entities that provide educational programs that prepare an individual for issuance of an occupational license (applies to TRWA) to notify each applicant of their potential ineligibility to obtain the license if they have certain criminal convictions.

OPEN GOVERNMENT

TAXATION

HB 3047 by Dale and Schwertner amends the Open Meetings Act to specify that a member of a governmental body who participates in a meeting by videoconference call shall be considered absent from any portion of the meeting during which audio or video communication with the member is lost or disconnected.

SB 559 by Hancock and Darby amends the Tax Code to clarify the miscellaneous gross receipts tax responsibility of utility providers (including water) by removing references to a utility's physical location and place of sale and establishing that the tax is imposed on each utility that makes a sale to a consumer in an incorporated city or town having a population of more than 1,000, regardless of the utility's physical location. The law became effective May 23, 2017.

SB 79 by Nelson and Capriglione expands the Public Information Act to allow additional entities, including WSCs, to refer a requestor to an exact internet location or uniform resource locator (URL) address on a website as a method of producing information requested under the Act. The law requires the governmental body to provide the information in another format if the requestor prefers a manner other than access through the internet.

SB 564 by Campbell and Capriglione amends Section 551.089 of the Open Meetings Act to allow a governmental entity to discuss in closed session matters regarding security of information resources technology, security personnel, critical infrastructure, and security devices; expanding on an existing provision in Section 551.076.

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY HB 3177 by Lucio III and Estes amends the Water 10

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You may email legal@trwa.org or call us at 512472-8591 if you have any questions about this article.

The Different Methods of Sensory Teaching

By Thomas Acker III, Instructor, Texas Rural Water Association

W

e all have the capacity to learn using different techniques. There are three basic sensory techniques used to teach: the Audible Teaching Method, the Visual Teaching Method and the Hands-on Approach.

When Audible teaching is used, we speak to the individuals and then question them to see if they understand the content. This just uses the ears to hear what is being said. However, we sometimes fail to understand that the water and wastewater fields are full of $1 words and acronyms for different things.

The minute you use these words and acronyms, if you aren’t looking for that “deer in headlights” look, you probably just lost someone in your audience. A “$1 word” could be something as simple as Sodium Thiosulfate, the stuff in the Bac-T jars. If I don’t mention the jar, you may not know what I’m referring to. If I say the acronym MGD, a new person’s reaction could be, “Hey, we talk about beer in here, Miller Genuine Draft” instead of it’s real meaning, which is million gallons per day. We also have to remember that when verbalizing, not to turn our back on the students. Some students actually read our words! I personally know individuals that read your lips as you speak and are lost when you turn your back to them. You have to break what you say down to the level of the audience you are addressing. The military does this quite well. Their manuals are written on a third-grade level and they speak at a fifth-grade level — not to be demeaning, but to ensure that everyone understands.

When Visual teaching is used, we often write or are shown what material we are given and speak about it. This uses the eyes and helps us match what we hear. We use speech, show PowerPoints and movies, use paper materials and items from the field such as valves, chlorinators and equipment to make a point. We also use white, green or blackboards to impart our message effectively, verbally and visually.

But how often have we looked at books, PowerPoints and presentation material and wondered “who wrote this?” Misspelled words, sentences that make no sense and pictures that are from Mars! It makes you want to scream “USE SPELL CHECK, DUDE!” Even when using a visual aid, such as a valve or motor, we need to make sure that as teachers and instructors, we use the correct level of speech to explain what

needs to be executed. We still need to leave out the $1 words or explain them to relay the message correctly. The saying “a picture is worth a thousand words” is definitely at work in our fields. This type of teaching works well simply because when trying to explain an item to an individual by showing them the item, they can get a visual in their heads. Put a picture up or display an item and everyone can instantly relate it to their plant or system.

Last, but definitely the best method: Hands On! There is nothing like actually picking up a piece of equipment, visualizing where you use it and then being shown step–by-step with each piece how it all fits and works together. It is easier to explain where and how things work when there is a solid item for the students to touch and work on. This is when those who normally sit back and think “I know this stuff” actually step forward and work with those struggling to learn and engage. They assist the instructor or teacher with explanations and actually show other students what to do. The individuals that don’t understand see what is being taught and begin to associate the words with the item. The light of knowledge shines when students can touch what they are taught.

As an instructor for TRWA, I have noticed that most students “listen” and watch to “see,” but everyone jumps on board when you utilize the hands-on items we bring. It shows on evaluations and attendance how much people appreciate this teaching method. You can actually feel the excitement when the students realize they are going to take a piece of equipment apart and put it back together. Mistakes are allowed and are not at the expense of the company. They also benefit from being shown the forms that everyone talks about, but that they’ve never seen. The exposure helps the student understand the amount of work it takes to complete the documents as well.

I think that as long as I instruct in the field, I will always try to bring some “hands on” to the class — whether it be a piece of equipment or documents.

Either way, I know I have done my best to bring the most out of my students and hope that the knowledge that is passed on is not only well received, but “works” for everyone there.

Quench — July / August 2017 11

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Technical Assistance Corner: Blending Chloraminated and Chlorinated Water

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

M

aintaining disinfection residuals in the distribution system is vital for protecting public health. However, some systems must augment their supply with sources treated with different disinfection residuals types. Blending of different disinfection residuals such as free chlorinated and chloraminated water can cause problems in the distribution system. While some systems may be able to physically isolate areas in their distribution to prevent blending of free chlorinated and chloraminated waters, many are faced with the challenge of uncontrolled blending that can lead to loss of disinfectant residuals, taste and odor, as well as impact nitrification.

Chloramination involves the process of adding chlorine and ammonia compounds to water in a controlled manner to form the target monochloramine (NH2Cl) residual. When water containing monochloramines is blended with water containing free chlorine, they react to form dichloramine (NHCl2) and trichloramine (NCl3) in unpredictable proportions.

HOCl + NH3 → NH2Cl + H2O reaction)

(monochloramine

NH2Cl + HOCl → NHCl2 + H2O (dichloramine reaction) NHCl2 + HOCl → NCl3 + H2O reaction)

(trichloramine

The resulting formation of dichloramine and trichloramine not only creates taste and odor problems, but can also lead to a reduction in the residual to nearly zero.

When both sources come into contact with each other and the different disinfectants blend, free chlorine can partially or entirely destroy the monochloramine residual, a process referred to as breakpoint chlorination. This is because the available free chlorine reacts with the available monochloramine to form dichloramine and trichloramine, thus causing chlorine demand and chlorine being used up. As the reactions continue, they reach a “breakpoint” where almost all nitrogen

6

Available Residual Chlorine (mg/L)

Chloramine formation; NH2Cl residual present

Chloramine decomposition; NH2Cl and NHCl2 residuals present

5

Free Chlorine, HOCl, and OCl are the predominant residuals; NH2Cl, NHCl2, and NCl3 occur at trace levels

4 3 Breakpoint

2 1

1

2

3

4

5

6

7

8

Applied Chlorine Dosage (mg/L)

9

10

11

Figure 3.6 Theoretical breakpoint chlorination scheme (1.0 mg: amonia-nitrogen; pH 7; temperature 25 C; contact time 2 hours) 14

Quench — July / August 2017

12

13

Source: Wolfe et al. 1984

has been oxidized and then a free chlorine residual can exist.

The result is dependent on the concentration of chlorine and chloramines, the chlorine to ammonianitrogen ratio, the pH, the temperature, and the proportion of water containing each disinfectant. The potential loss of a residual cannot be overlooked.

The distribution system serves as the last barrier to protecting drinking water quality before it reaches customers. Maintaining a residual in the distribution system is necessary to protect drinking water in the distribution system from microbiological recontamination, bacterial growth and serves as an indicator of the distribution system integrity.

Blending chloraminated and chlorinated water can also impact nitrification. The Cl2:NH3-N ratio in these blending zones increases and as discussed earlier can lead to the destruction of the monochloramine residual. Maintaining a stable monochloramine residual is important in preventing nitrification in the distribution system. Low residual levels can allow nitrifying bacteria present in biofilm to multiply.

Monochloramine can be effective in controlling organisms that exist within biofilm.

to chloraminate all the free chorine water or the opposite adding sufficient free chlorine to breakpoint the chloramine residual and maintain a free chlorine residual. For the latter scenario, a system should evaluate whether the potential to form disinfection by-products will be an issue since sufficient dosages of free chlorine must be added to effectively reach breakpoint. In both alternative options, an exception request is not needed; however, the system is required to submit documentation such as drawings with chemical injection points and the method for determining the proper amount of chlorine to be added to the tank for TCEQ’s review and approval.

Specific guidance on requesting an exception on blending and other rules can be found at https://www. tceq.texas.gov/drinkingwater/trot/exception.

The uncontrolled blending of different disinfectants and potential impact on drinking water quality make it imperative to have processes in place that ensure that residuals will remain acceptable and that reflect the overall condition of the distribution system.

Effective July 30, 2015, TCEQ began requiring systems that blend chloraminated and chlorinated water or use both free chlorine and chloramines as disinfectants in the distribution system in isolated areas to request an exception per 30 TAC §290.42(e)(3)(G). The exception request includes detailing the methods the system will put in place to ensure chlorine residuals will remain acceptable in a blended situation. Alternatives to blending two different residual sources include adding ammonia

Quench — July / August 2017 15

Ask Larry

Q:

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

We need help determining who is responsible for a bill. A member contacted our office on April 3, 2017, and requested a final reading the next day because he had sold the property. However, the closing did not take place until later. He informed us that he had let the buyers move onto the property on March 20 and wanted them to pay for water they were using. The member paid the March 15 – April 15 bill on May 2, 2017.

On May 26th, the member/seller came into the office and completed his portion of the Membership Transfer Authorization form. Later that day, the buyer came in and signed their portion of the Membership Transfer Authorization, completed the Service Application and Agreement form, and paid the associated fees.

The seller's membership was refunded on June 1st and a bill for $50.08 (service for March 15 – April 15) was mailed to the new members/ buyers.

On June 6, the buyers contacted our office and stated they had not made an agreement with the WSC until May 26 and they did not owe this bill. At this time, they admitted they had been living on the property and were using the water, but were not responsible for this bill due to not having signed an agreement with the WSC. A: For WSCs, most often your tariff places the responsibility for payment of all charges and fees on the member. TRWA’s Sample Tariff Section E Paragraph 11 states: “Any Member having complied with the requirements of this Tariff, renting or leasing property designated to receive service according to the terms of this tariff to other parties, is responsible for all charges due the Corporation. The membership for rental or leased properties shall be in the name of the owner of the property as required by this Tariff. The Corporation may bill the renter or lessee for utility service (at Member Request) as a third party, but the Member is fully responsible for any and all unpaid bills left by the renter/lessee…”

Under the scenario you have described, the

16

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purchasers would not be responsible until they actually owned the property and legally became the member, regardless of when they started living in the property. The remaining bill owed by the now former member should have been deducted from any refund issued on June 1.

Q: Our system, a SUD, was approached by a developer who requested service to about 67 or so houses within the SUD’s service area. A meeting was set up to discuss this project with the county, fire marshal, SUD engineer, developer and system folks. After the meeting, we received a letter from the “county engineering group” stating that the system and developer would have to install at least an 8” line capable of supplying fireflow, as well as installing fire hydrants every 400 feet apart down to and throughout the subdivision. These areas are not within a city extraterritorial jurisdiction (ETJ) according to our general manager.

Does the county or the Emergency Services District (ESD) have the authority to enforce these types of regulations?

A: It is not likely. Although Texas Health and Safety Code Section 775.036(b) gives the board of an ESD authority to adopt and enforce a fire code, Section 775.045(a)(2) limits application and content of the fire code through the Local Government Code. In accordance with Local Government Code Section 223.062, the fire code only applies to certain buildings when constructed in an unincorporated area of the county. These include a commercial establishment, a public building and a multifamily residential dwelling consisting of four or more units.

The Health and Safety Code does not give the ESD authority to require a SUD to provide fireflow to single family residential dwellings. Therefore, unless the developer is planning to construct a commercial or public building or a multifamily residential dwelling, the code would not apply. Even if applied, the authority would be over the developer performing the construction and seeking the permit, not the SUD. Q: The board is looking into having a new well put in because we are expecting some

growth in the community soon. What steps do I need to take to get this started? We will have to purchase land, but I need to know how to apply to get the process started.

A: First, you need to know whether your area is in a groundwater conservation district (GCD). If so, you will need to review your GCD’s permitting criteria. The GCD will likely have spacing requirements too and may base the amount you are allowed to pump on the amount of land you own.

This may dictate how much land your system must purchase and limit your options for location of the new well. You will want to take the permitting criteria and processing timeline to your board so they are aware of the process.

Next, you’ll need direction from the board as to whether they want to use WSC reserve funds or apply for a loan.

If using WSC reserve funds, start looking for some land and an engineer if you or your staff don’t have the expertise. An experienced engineering company can often advise about location options and, more importantly, help you through the TCEQ approval process to avoid delays.

If you are not purchasing the land, but want to lease it, be sure to look at the long-term costs of doing so. Leasing land may mean that you also have to pay the landowner additional fees for the water that is to be pumped from that location.

If the WSC is seeking funds from a lender to complete a well, then the system will need to be working with an engineering company familiar with securing loans from USDA, CoBank, Texas Water Development Board or other lenders.

No matter how the project is to be funded, the WSC needs to be involved in the each phase of the project to keep it moving forward. Many systems in the past have hired an engineering company to do a project for them only to find out months or years later that they (the WSC) were supposed to have been keeping all parties focused on getting and keeping their project phases on track. Recently, I have heard from a system that they were notified that the price of steel went up again, so the previous estimate had to be amended to cover the additional costs. Again, it is up to the WSC manager and board to keep the project going forward as quickly as possible to keep the final costs from escalating due to future price increases for equipment, piping and even the land costs.

"The annual or special meeting of a retail WSC must be held between January 1 and May 1 at a time specified by the bylaws of the board."

A good place to start when looking for a new well site is to look at tracts of land which are in the reasonable vicinity of other wells that have been drilled and are producing “good quality” water. If you are not subject to minimum acreage or other spacing requirements by your GCD, you may want to look for about 3 acres, or whatever size is needed to secure a sanitary control easement, and still have space to move over 20 feet or so to drill a new well at some time in the future should this first well become inoperable. I have come across systems who have had to drill a new well due to a pump, motor or wire being dropped down the hole causing the well to be rendered unusable.

When investigating what tract of land to purchase, you will want to know if there are any covenants or other limitations regarding how the land can be used. This will require talking to the owner and, more importantly, looking at the deed records. From the records, you will also know if there are any other existing easements on the property that may affect where you can drill.

Q: We are considering moving our annual meeting so that the CPA will have more time to complete the audit. When must a WSC have their annual meetings?

A: The Texas Water Code Section 67.007 specifies that the annual or special meeting of a retail WSC must be held between January 1 and May 1 at a time specified by the bylaws of the board.

As for the auditor, some systems have amended their fiscal year to the end of October so their auditors can complete their audits by their annual meetings. If your system’s year-end is December 31, you might consider holding your annual meeting in April to allow the CPA about 3 ½ – 4 months to complete their audits.

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

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Setting Proper Rates for Your Water System

By Paul King, Circuit Rider, Texas Rural Water Association

W

ater systems are a business. Whether you’re a for-profit investor-owned utility (IOU), a non-profit water supply corporation (WSC), a district or a municipal system, you must generate enough revenue to sustain your system.

Are non-profit WSCs allowed to make a profit?

I have been asked that question almost as much as I have been asked, “Where is Larry Bell?” when I started working for TRWA over 14 years ago. The simple answer is yes, but it’s not called “profit.” Revenue earned in excess of operating expenses by a non-profit entity is used in pursuing the organization’s objectives and keeping it running; not to earn a profit for its owners. According to insidermonkey.com, the top three non-profits in the United States are The United Way, with an annual revenue of $4.26 billion, Goodwill Industries International, which generates $4.89 billion in revenue annually, and The Young Men’s Christian Association (YMCA), topping the list with total revenues of $6.23 billion. Now that we’re all thinking we decided to work for the wrong type of non-profit, let me tell you why water systems need to put money in the bank. You must have capital to reinvest in the system if it is to be around for your children, grandchildren and great grandchildren.

How do we get to a proper water rate schedule with so many people on fixed incomes?

I have heard many times that we have too many people on fixed incomes to increase rates. My response is that you have to set rates based on your cost of service, not on the income of your customers.

I like to call this the “little old lady argument,” and many times the same systems that use this argument have a 3,000 gallon water allowance built into their monthly minimum. In cases like that I ask them, “how much water do your little old ladies use a month?”

Most of the time the answer is 1000 – 1500 gallons a month, so in these cases the little old lady is paying for water they are not using and actually subsidizing the people who are using more water. Your monthly minimum or base rate should not include any gallons so that customers only pay for what they use.

What are the costs of services in a water system?

The first set of costs to consider are related to the operation and maintenance of the system. This consists of things like salaries, utilities and repairs and maintenance. This is what it costs to keep all the day-to-day operations of your water system running properly. A simple thing like repairing a leak can be very expensive depending on location of the line, whether the system has its own backhoe, whether you have enough personnel to repair the leak, etc.

These are all cost factors that must be figured into your rates. Always look at historical data to justify these costs and to any known expenses that will be coming up. For example, if you normally you have 20 leaks a year, budget for those leaks and put that cost into your rate structure. The Public Utility Commission (PUC) will look at your costs incurred during the “historic test year,” typically the year prior to the rate increase, and any “known and measurable” changes moving forward.

Capital Improvement Planning (CIP) can also be financed through rates. Although impact fees and equity buy-in fees can help with CIP, these fees are solely dependent on the number of new service connections your system installs every year. So if you are planning to do a $300,000 project in 10 years, you have an equity buy-in fee of $1,000 and historically only have 20 new customers a year, at the end of 10 years you will be $100,000 short of the mark. The easiest way to make up this shortfall is to add an extra $10,000 into your rates over the next 10 years. Since this money will be collected for this project, make sure it is put into a separate CIP account in your financial institution, only to be used for that project and never to find its way back into the general operation and maintenance account. Having a five or 10-year plan for your system is necessary to justify these types of costs in your budget.

Cash reserve funds are allowed to be put into your rate structure, but there is a maximum of 10 percent over the annual operation and maintenance expenses that can be charged for this reserve fund.

See PUC rule Section 24.34(c)(E).

Long-term debt should also be put into your rate structure. Even though interest expense is the only Continued on page 20 Quench — July / August 2017 19

Continued from page 19

thing listed on your audit as an expense, water systems also have to pay the principal on the debt.

So the yearly principal and interest payments need to be added into your rates.

Depreciation funding is only allowed for IOU systems, but something that is very similar that is allowed for other systems is what is known as a “replacement reserve.” The good thing about putting a replacement reserve into your rate structure is that it is using today’s dollars instead of yesterday’s, as is the case with funding depreciation. Anything and everything that wears out in your system should be put into replacement reserve: the pipes in the ground (although a pipe lasts a very long time, it does not last forever), the inside of your tanks or possibly the tanks themselves (whether they are elevated or ground storage tanks, the coating inside them only last 10-15 years), etc. Some other things that are expensive and wear out are: well pumps and motors, chlorination equipment, pressure pumps, backhoes and water meters (of course if you have radio read water meters, they are even more expensive). All of these things need to be replaced and funded through the rate schedule. One thing I tell every system when they are setting up a replacement reserve account is to make sure that things are accounted for in proper time frames. If you have pressure pumps that are supposed to last 10 years, but historic data shows with your water they only last seven years, this becomes the schedule at which these pumps should be planned for replacement, so that you have the proper amount of money budgeted to replace that pump when it goes out.

Lastly, a non-recurring cost should never be put into your rate structure. An example of non-recurring expenses are any fines systems receive for TCEQ violations. These may be paid from your cash reserves.

An easy way to see if you have covered all your system’s costs over the years is to look at the accumulated depreciation on your annual audit, and then look at your replacement reserve account.

If these numbers are not similar, you are simply not charging enough for water. Some people have argued that their replacement reserve account is not similar because the account has fully depreciated that item and they have purchased a new one. If this is true, the auditor should have removed the old asset from your depreciation schedule and the new asset should have been added to the total assets 20

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of the system. The new asset would then begin its depreciation cycle. When this happens, systems should put the new asset into their replacement reserve account and remove the old item.

Water systems should look at their rates on a yearly basis, preferably after the new budget has been approved by the board of directors. By doing this yearly evaluation, it allows water systems to increase rates by nickels and dimes instead of waiting 10 years and requiring a substantial increase that could affect their customers greatly and trigger a rate appeal to the PUC. Nobody likes to raise rates, but the rising cost of services have forced many systems to begin looking at rate increases. Increasing costs for things such as electricity, insurance, fuel and chemicals are things that your customers also pay for in their dayto-day lives, so they should understand the need for water rate increases. At this time, water is still the least expensive utility service your customers pay; however, at the same time, it is the only utility service they cannot live without.

If you have any questions about setting rates for your system, contact your regional circuit rider, or call 512-472-8591.

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Quench — July / August 2017 21

Wastewater Treatment Plan Process Control Testing

By Charles W. Perkins, Circuit Rider, Texas Rural Water Association

E

very year, many wastewater treatment systems are fined by the Texas Commission on Environmental Quality (TCEQ) for failing to properly conduct process control tests, which is a very important procedure that should be performed by all wastewater treatment systems.

Process control testing is required by Title 30 of the Texas Administrative Code. Title 30 of the Texas Administrative Code (specifically Title 30, Part 1, Subchapter J, Section 30.337 Definitions) contains the following: (10) Wastewater treatment facility—Any facility installed for the purpose of treating, neutralizing, or stabilizing wastewater, the operation of which requires a wastewater disposal permit from the commission.

(12) Wastewater treatment facility operator—An individual who performs process control tasks or makes performance control decisions at a wastewater treatment facility.

Wastewater operators are specifically assigned the responsibilities of performing process control testing and making performance control decisions at these facilities according to the definitions above.

Therefore, failure to perform adequate process control testing can not only impact the permit holder for the facility, but also the licensed operator responsible for that facility.

Process control tests are performed throughout the treatment system to ensure adequate treatment and to monitor each stage of the treatment process and its effectiveness. All types of wastewater treatment plants should conduct this testing. TCEQ publication RG-002 is a free publication that lists many process control tests for activated sludge type wastewater treatment facilities, but all other types of treatment processes should employ some of the more basic forms of process control testing to monitor each phase of the treatment process and ensure high effluent quality standards. These tests serve as a baseline which may be used to identify problems in the treatment process. When effluent quality changes are detected, operators can use this data to identify changes in the system which may have resulted in changes in the effluent quality. Steps

22

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can then be taken to correct these changes and resume optimal treatment based upon the baseline data that was established when the process was operating at peak efficiency. Establishing a baseline of test results is paramount when attempting to troubleshoot problems that arise in the wastewater treatment process.

What testing should be done? This is probably one of the questions most often asked of TRWA Wastewater Technicians. The actual process control testing required at each wastewater treatment facility will, of course, be determined by the type of treatment process and by the permit requirement guidelines set forth by TCEQ, but at a minimum each system should conduct the following tests regularly: •

Influent Testing: • • • • • •

•

After Each Treatment Unit • • • • •

•

Flow measuring Five Day Biochemical Oxygen Demand (BOD5) Total Suspended Solids (TSS) pH Dissolved Oxygen (DO) Temperature BOD5 TSS pH DO Temperature

Activated Sludge Type Plants and those plants utilizing other advanced treatment techniques should follow the tables in RG-002

These test results will provide the plant operations personnel with valuable information in the event of an upset in normal plant operations. The results should be kept up-to-date, charted and readily available to the operator. Wastewater treatment operators use this information to track trends and changes occurring within the treatment process, often preventing problems from affecting effluent quality before they result in permit violations.

Sampling points used throughout the treatment plant should be clearly marked and identified.

Most discharge permits require effluent testing to

be conducted after the final point of treatment. It is important to note that any means of increasing effluent DO levels, such as an aeration basin or cascade structure are considered as a part of the effluent treatment and, therefore, all effluent samples must be taken after these additional treatment units.

Clearly marking and identifying the sample points ensures that consistent samples are collected and tested. A careful review of the discharge permit issued by TCEQ should identify each treatment unit. If the individual treatment units are not clearly identified, a minor amendment should be filed with TCEQ or the needed changes should be made on the next permit renewal.

Other Testing: • Ammonia: Although many wastewater treatment plant discharge permits do not require ammonia testing, it is a very good indicator of overall plant performance and a simple test that can help in resolving many treatment issues that may otherwise go undetected. Ammonia in wastewater effluent is an indication of the effectiveness of the nitrification process used in wastewater treatment. Simply monitoring the levels of ammonia in both the influent and effluent on a regular basis can give a good indication of complete vs. incomplete treatment and can be an indicator of problems with solids and plant overloading. If the ammonia levels in the effluent are higher than those in the influent, or if the amount of reduction in effluent ammonia decreases from the baseline, this can give the wastewater treatment plant operator an early warning that treatment conditions within the plant are heading in a negative direction and that corrective action should be taken to avoid potential plant upsets and negative effects on effluent quality.

• Mixed Liquor Suspended Solids (MLSS): A 30 minute settleometer test is another simple test that can give operators a very clear view of conditions in the treatment process. This simple test will allow operators to monitor the mixed liquor characteristics in extended aeration type plants, as well as the overall condition of the sludge as it settles. It is an important test in determining the overall operation of many types of wastewater treatment plants, and yet it is often a test which is overlooked by operations personnel. Unlike other tests, which require special laboratory equipment or specific technical knowledge to perform, this simple test requires only a clear graduated container (such as a beaker) and a timer.

The results of the MLSS test and those of the TSS tests can be used in many calculations to determine

optimal treatment parameters for extended aeration type treatment plants.

How often should testing be done? Again, this is a common question and again it is dependent upon the individual system and the type of treatment process being used. If a flow recorder is present, total daily flow should be recorded on each day that the operator is on-site and averaged for those days when no operator is present. If no flow recording device is available, an instantaneous measurement should be taken daily. DO, pH and temperature measurements should be taken daily with the appropriate devices.

These results are measured instantaneously and should be taken at the appropriately designated sampling points.

The other tests, such as BOD5 and TSS, should be done as often as possible, but at least on a monthly basis. The type of sample used for these tests should be the same as those required by TCEQ on the plant discharge permit. The process control tests are designed to mimic the monthly reporting tests and are used to provide information to the operations personnel in order to allow them to operate the plant at its maximum efficiency and diagnose and mitigate problems as they arise.

All records should be maintained with copies in both the office and on-site at the plant for use by operations personnel and should be clearly and readily identifiable as “Process Control Testing.” It is a good idea to have a copy stored at the office or at another safe location in case those kept at the facility become damaged or lost. TCEQ will request these records during an inspection, and having a backup copy will ensure that all records will be available upon request. Because these test results are not reportable to TCEQ, it is important to keep them filed separately from other laboratory results that are used for reporting purposes and to clearly label all process control testing paperwork as “Process Control.”

The Texas Rural Water Association has Wastewater Technicians on staff to provide on-site training and technical assistance to systems upon request. Information that can be provided by systems to these TRWA Wastewater Technicians, such as previous testing procedures and results, will greatly aid them in helping those systems identify and solve potential problems in the treatment process and in making suggestions that can lead to possible solutions for those problems which may already exist. For assistance with these or any wastewater treatment related issues, contact TRWA at 512-4728591.

Quench — July / August 2017 23

Keep It Legal

Q:

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

I am currently a WSC board member and I work full-time from 9:00 a.m.

– 5:00 p.m., Monday through Friday.

The other board members are all retired and can attend board meetings during the week.

They like to hold these board meetings on Tuesdays at 10:00 a.m. and, thus, I am always unable to attend. Is there anything in the Texas Open Meetings Act that requires a board to hold meetings at times that work for all board members?

A: No, the Open Meetings Act, Codified in Texas Government Code Chapter 551 does not dictate what time of day meetings need to be held and does not specifically require governmental entities to hold them at times that accommodate board members or the public. To address your specific situation, unless the WSC bylaws or other policy documents dictate a specific time of day or day of week for board meetings, it is customary for a board to first meet soon after the election to discuss general board business, including meeting times, and to decide on a time that works for everyone.

If the board is unable to find a day and time that work for everyone’s schedule, one option may be for a board member to request that the board allow his/her participation by video conference. The Act allows for a governing body to hold an open or closed meeting by video conference call. However, there are certain requirements and limitations to this process. First, the Act requires that the audio and video portions of the communications be two-way, meaning that both sets of participants can hear and see the other participants. Second, the Act requires that a quorum be physically present at the meeting and specifies additional requirements depending on how many counties the governmental body covers.

For governmental bodies (WSCs and districts) that extend into three or more counties, the meeting may be held by video conference only if the member of the governmental body presiding over the meeting (usually your board president) is physically present at one location of the meeting that is open to the public during the open portions of the meeting.

A governmental body that does not extend into three or more counties may hold a meeting by video 24

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conference call if the following three conditions are met. First, the governmental body must make available to the public at least one suitable physical space located in or within a reasonable distance of the geographic jurisdiction, if any, of the governmental body that is equipped with video conference equipment that provides an audio and video display, as well as a camera and microphone by which a member of the public can provide testimony or otherwise actively participate in the meeting. Second, the member of the governmental body presiding over the meeting must be present at that physical space. Third, any member of the public present at that physical space must be provided the opportunity to participate in the meeting by means of a video conference call in the same manner as a person who is physically present at a meeting of the governmental body that is not conducted by video conference call. Keep in mind that video conference calls for board meetings are subject to the regular notice requirements for your typical open board meetings and to additional notice requirements applicable to video conference calls in Government Code Section 551.127.

The Act also authorizes governmental bodies to conduct meetings by telephone conference call under limited circumstances and subject to procedures that may include special requirements for notice, recordkeeping and two-way communication between meeting locations. A governmental body may hold an open or closed meeting by telephone conference call if: (1) an emergency or public necessity exists within the meaning of Section 551.045 of this chapter; and (2) the convening at one location of a quorum of the governmental body is difficult or impossible; or (3) the meeting is held by an advisory board.

It is important to work with fellow board members to find times and days to hold board meetings to ensure that each member is able to fulfill their duties to the system. Under Texas law, board members have three broad duties that stem from the fiduciary status of corporate directors, the duties of obedience, loyalty and due care. To fulfill these duties, all directors must be diligent, informed and exercise honest and unbiased business judgment in pursuit of corporate interests. Holding meetings at times that

essentially prohibit one or more board members from participating keeps them from staying informed and fulfilling their fiduciary duties.

Q: Our board just discovered that we have some long-term employees who have never taken vacation so our books show they have earned more than 30 weeks of vacation over the last 10 years. How much of this are we required to pay out?

A: No Texas or federal law requires employers to make payouts of accrued but unused paid leave. However, any written promises regarding compensation, including paid leave, should be followed exactly as written because that is how the Texas Payday Law will enforce such guarantees. For this reason, you should look closely at your system’s leave and benefits policy.

Many systems have policies that allow employees to earn vacation benefits based on the number of years of service or on an annual basis. To encourage employees to take leave, it is also common for systems to limit how much vacation time each employee is allowed to roll or carry over from year to year. If this is your system’s policy, it is critical to rectify the leave balances for each employee at a minimum at the end of the accrual period. For your system, this may be the employee’s anniversary date, the end of the calendar year or end of the fiscal year, depending on your policy.

Some systems also have policies that allow for payout of a portion of unused vacation time at the end of the accrual period, upon retirement or separation from the company.

In accordance with the Texas Labor Code Section 61.051, an employee who is not paid wages (vacation pay is defined as wages under the Texas Labor Code Section 61.001) must file a claim not later than the 180th day after the date the wages claimed became due for payment. This would limit how far back in time your company would need to look to determine how much payment is due, should your policy allow for payout of unpaid leave.

The best route to avoid claims and ensure good employee relations is to establish a clear vacation benefits policy, make every effort to rectify employee records regarding leave and benefits, and establish processes to ensure that employee vacation leave time is properly used or paid according to your system's policy.

Q: I’m a board member for my Water Supply Corporation and would like to get more involved

by seeking appointment to our local Groundwater Conservation District. Can I serve on both?

A: Unfortunately not. A person serving on a WSC board is not likely eligible to serve on the board of a Groundwater Conservation District because of the unique definition of “political subdivision” in Chapter 36 of the Water Code applicable to Groundwater Conservation Districts. Water supply corporations are not typically considered political subdivisions. This term typically applies to counties, municipalities and districts including the various types of water, school and other districts. However, Water Code Section 36.001(15) defines "Political subdivision" as a county, municipality or other body politic or corporate of the state, including a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, a state agency or a nonprofit water supply corporation created under Chapter 67.

Because WSCs are defined as such, Section 36.051(b) of the Texas Water Code also applies, which states that: “A member of a governing body of another political subdivision is ineligible for appointment or election as a director. A director is disqualified and vacates the office of director if the director is appointed or elected as a member of the governing body of another political subdivision.”

Based on this statutory provision, a WSC board member, no matter the size of the WSC, is not eligible to serve on a Groundwater Conservation District. The exception is if a Groundwater Conservation District has a population of less than 50,000, Section 36.051(b) does not apply, and a director will be eligible to serve on both the WSC and GCD's boards.

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

• Transmission/Pipeline/ Construction Easement Negotiations • Right of Entry Permitting • Water Right Leasing • Tank/Plant Site Land Purchasing

• Initial Project Research/ Estimates • Market Value Research/ Appraisals • Title Research/Curative • Condemnation Support

www.hrmrow.com | (512) 353-1075 Quench — July / August 2017 25

TRWA Welcomes New Staff

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ince the last issue of Quench, we have had a few new additions to the TRWA team, a position transfer, and two staffers leave us for other pursuits. Read on to learn more about recent staffing changes at TRWA. Our Professional Development and Training Department has seen a lot of changes recently.

Long-time TRWA team member Michael Vollmar retired as the Professional Development and Training Director at the end of June. He was a great asset to the TRWA team for 19 years. His first position was serving as TRWA’s Sampling Contract Manager for a contract TRWA had with the Texas Commission on Environmental Quality (TCEQ). In 2004, Michael took over the position of Professional Development and Training Director. Under his management, he transformed the department to one that now contributes greatly to the overall financial stability of the Association. Michael will be truly missed, and we wish him all the best.

Filling his shoes is a familiar face, Celia Eaves, our former Environmental Services Director. Celia has been with TRWA for 19 years, serving in various capacities. She started with TRWA as a Source Water Protection Specialist for a TCEQ contract.

In 2004, she became a Circuit Rider, focusing on Colonia areas from El Paso to Brownsville. She

TRWA alumni Adrienne Emmerich and Michael Vollmar at their going away party in June.

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was promoted to Environmental Services Director in 2007. She has been in her new role effective July 1, and has been overseeing the transition of her former department as we get her replacement up to speed.

Also departing our Training Department in June was Adrienne Emmerich, our Course Development Specialist. Adrienne started with TRWA as an AmeriCorps VISTA supporting the Texas Rural Water Foundation and the Association. She was hired on full-time after her year of volunteer service was completed, and worked well over a year developing online courses before leaving to pursue her master’s degree in landscape architecture. We wish her luck in her studies and success in her future.

Our new Classroom and Online Course Development Specialist is Jenna Genson, who joined us in the beginning of June.

Originally from Farmersville, Ohio, Jenna earned her B.S. in agriculture Jenna Genson joined the TRWA from Ohio Training Department in June.

State University where she majored in agricultural education and minored in production agriculture.

She subsequently earned her M.S. in life sciences from Virginia Tech in the agricultural leadership and community education department. Jenna is passionate about education and leadership development. Prior to joining TRWA, her work included serving as an agriculture teacher and Future Farmers of America (FFA) advisor, and most recently serving as an Education Specialist for the National FFA Organization. Jenna is a lifetime member of the Sigma Alpha Professional Agricultural Sorority and the National FFA Alumni Association.

Recently relocating to Texas from Indianapolis, Indiana, Jenna spends her free time volunteering, crafting, cheering on the Ohio State Buckeyes, and exploring her new home to embrace everything the Lone Star state has to offer.

Also joining the Training Department in June is our newest Instructor, Bruce Pearson.

Bruce was born and grew up in Waco, Texas. He has one son, Hugh Grant Pearson III (Trey), and Also new to the Training Department in one sibling, June is Instructor Bruce Pearson. his sister Anita. He is also the proud grandfather of one grandson, Brock.

He graduated from Richfield High School in 1974 where he participated in numerous extracurricular activities, including basketball, baseball, crosscountry and track. He also served on the school newspaper staff. During his formative years, he enjoyed fishing and hunting.

Bruce began his municipal career with the City of Woodway, where he oversaw a Water Utility Department and was instrumental in a comprehensive Capital Improvement Plan to rebuild seven city production facilities.

In 2000, he moved to San Antonio to work for the San Antonio Water System where he was involved in implementing the final processes for “going live” with a recycled water system. This system is the largest system of its kind in the country.

Bruce has been recognized at the national level, in water conservation, through the Water Reuse Foundation. He participated as project advisory with the Foundation in the design of a customer service and site certification manual in 2005.

In 2008, Bruce was named as the Assistant City Manager for the City of Cibolo and then City Manager in early 2009. While with the City, he oversaw the implementation of a $25 million Capital Improvement Program that included utilities, public works, police and fire projects.

In 2012, Bruce was named as the City Manager for the City of Pleasanton. During his tenure, the city developed and implemented a master plan that

included a new water production and storage facility, 11 miles of new water transport and distribution piping, numerous trenchless technology projects, the completion of a regional wastewater collection line, the purchase and installation of an automatic meter infrastructure system, and also the design of a new civic center, library and freedom center project.

Bruce has also presented at numerous regional and international conferences and trade shows through the years, including the American Backflow Prevention Association and most recently the Eagle Ford Consortium. He has been published on numerous occasions throughout his career as well.

The newest member of TRWA's management team is Jason Knobloch. Taking Celia’s place as Environmental Services Director, Jason joined our team in late July. Jason’s career in water started on April 17, 2003, at San Jacinto Special Utility District in Coldspring, Texas, where he took a position as a laborer while attending ITT Tech to obtain his degree in Information Technology. After completing his degree, he decided to stay on with the SUD because he found the work to be fulfilling. He felt a greater purpose in providing this public service and being a steward of our most precious resource. In the first six years with San Jacinto SUD, he was able to earn his “A” water, CSI and BPAT licenses. In that same time frame, he was also promoted to General Manager of the system. For the following four years, he managed the system with the help of a fantastic staff until he decided to broaden his knowledge and experience by taking a job with another water system.

His next position was at a training academy in Big Sandy where he operated/managed the surface water plant and distribution, as well as the wastewater system for the campus and housing. The uniqueness and structure of the systems provided him with a great opportunity to learn by being a part of the entire process starting at the surface water intake at the lake, to the racetrack on the wastewater side. Being a part of the operations of this system also gave him the necessary experience to obtain his license in wastewater.

In 2013, Jason and his family moved to Gatesville where he took a position managing Coryell City Water Supply District. This system spans four counties serving rural areas around Gatesville.

Being a purchased water system, in addition to groundwater wells, provided Jason an additional learning opportunity. The terrain and topography of Continued on page 28 Quench — July / August 2017 27

Continued from page 27

this area was also an adjustment. His transition into the area and his new position were made easy by yet another wonderful staff and board that aided in operating this system.

“Throughout my years in the water field, the majority of training and events I’ve attended were given by TRWA. The knowledge, experience, professionalism and courtesy of the staff, along with their close involvement in rural water systems throughout the state, has always impressed me. I am excited to be a part of the TRWA team and look forward to serving this organization,” said Jason.

Jason has a wife, Jacquelyn, and three beautiful

San Marcos to learn the ins-and-outs of Journalism, Public Relations and everything in-between from one of the most innovative Mass Communication programs in Texas. After graduating with a degree in Public Relations from Texas State University with a concentration in Digital Media Our new Communications Assistant and gaining Kelsey Copeland with her pup, Jax. experience in both advertising and marketing, she began her career at the Kyle Chamber of Commerce as Marketing & Events Director.

With a passion for people, planning and all things Texas, Kelsey considers herself extremely fortunate to have the opportunity to continue her career at TRWA. Kelsey likes to spend her free time exploring the hill country and rivers with her four-legged fur-ball, Jax the “Texas Heeler.” She especially appreciates good puns, great queso, live music and genuine people.

Environmental Services Director Jason Knobloch with his wife Jacquelyn, and children Evan, Elaina and Eli.

children; Evan, Elaina and Eli. They are originally from Coldspring, where he and his wife grew up.

Like most rural people, they love hunting, fishing and the great outdoors in general. He says he is blessed to have such a wonderful family that supports him and his work in the public water industry.

The most recent addition to the TRWA team is Kelsey Copeland, who began her role as Communications Assistant at the end of July. Kelsey joins TRWA with a thirst for knowledge and a whole lot of enthusiasm.

Kelsey moved from a small West Texas town to 28

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Join us in welcoming our new team members!

TRWA Briefs 1926(b) Win for Green Valley SUD

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e are excited to share that Green Valley SUD won their 7 U.S. Code Section 1926(b) case before the Federal 5th Circuit Court of Appeals on Wednesday, August 2. This case is a big win for rural systems in two ways. First, the court continues to uphold the North Alamo decision standard that "[w]here a CCN imposes a duty on a utility to provide a service, that utility has 'provided or made available' that service under §1926(b)."

Second, the court held that a loan that is acquired for water utility service also protects the utility's sewer CCN. In this case, Green Valley sought to protect their sewer CCN from encroachment by the City of Cibolo, which applied for single certification of a portion of Green Valley's sewer CCN under Section 13.255 of the Water Code. Green Valley has federal debt that they incurred for their water utility, but none for their sewer utility. The court ruled that the debt protects both.

The Rural Water Political Action Committee 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.

At your next board meeting, please help us reach our goal to raise $50,000 for our PAC in 2017!

TRWA Board Director Testifies before U.S. House Committee on Agriculture

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n Wednesday, July 19, TRWA Vice President Brian Macmanus represented TRWA and the National Rural Water Association during a public hearing before the U.S. House of Representatives Committee on Agriculture. The topic of the hearing was "The State of Rural Infrastructure in America" and Macmanus delivered invited testimony on behalf of rural water and wastewater systems across America!

Pass the Hat for PAC in September

To read his full written testimony, visit our website at www.trwa.org/?67. You may also view the full hearing on the House Agriculture Committee's YouTube channel. A direct link to the archived hearing is also linked from the webpage listed above.

elp the Rural Water Political Action Committee (PAC) reach its goal of raising $50,000 by engaging your board directors and managers during the month of September at your board of directors meeting. All TRWA member system management is invited to participate in the “Pass the Hat for PAC” fundraiser. The idea behind this initiative is that if each system is able to raise at least $50 by passing the hat and collecting cash donations at your board of directors meeting, then we can reach our fundraising goal! If all 750 of TRWA’s member systems raise $50, that’s $37,500 that strengthens the voice of rural water at the legislature. The system manager or board member who collects the funds can then send a personal check for that amount made payable to the Rural Water PAC to TRWA. All contributions of $10 or more should be accompanied by a completed PAC Contribution Remittance Form, which will be mailed to each system and is also available on our website under the "Legislative" tab by clicking on the "Rural Water PAC" menu item.

TRWA Vice President Brian Macmanus with Congressman Conaway, chairman of the committee, and Jennifer Otwell, another witness who testified during the hearing.

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Quench — July / August 2017 29

TRWA Briefs Save the Date for Our Fall Conferences

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egistration is now open for our Fall Management Conferences and our Water Districts Conference, to take place in San Antonio and Dallas/Allen this fall.

On October 4-5, join us at the Marriott Plaza in San Antonio for our Fall Management Conference.

Topics range from capital project financing to rate appeals to what you do when TCEQ enforcement comes knocking on your door.

Then, on November 1-2, we will be hosting both our Dallas/Allen Fall Management and Districts Conferences at the Courtyard by Mariott at the John Q. Hammons Center. Districts Conference topics include annexation, governmental immunity, an election law update, and more! Attendees who

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register for one of these two events have the added benefit of choosing from classes from either one of the conference educational programs.

For full agendas, visit our website at www.trwa. org and check under the "Conferences" tab. We are applying for operator certification credit for courses at all three conferences, and we are also applying for continuing legal education credit for the Fall Management Conferences.

If you have any questions about any of these events, please don't hesitate to call us at 512-4728591 or email meetings@trwa.org.

Plan Ahead CONFERENCES: October 4-5, 2017

Fall Management Conference, Marriott Plaza, San Antonio

November 1-2, 2017

Fall Management Conference and Districts Conference, Courtyard by Marriott - Allen, Allen/Dallas

OPERATOR TRAINING COURSES: Water Credit Courses

Basic Water Works Operations: Alton, October 24-26 Groundwater Production: San Antonio, September 12-14 Water Distribution: San Antonio, August 29-31

Water and Wastewater Credit Courses

Customer Service Inspections: Harlingen, October 17-18 Pump and Motor Maintenance: San Antonio, November 7-9 Utility Safety: San Antonio, October 3-5 Utility Calculations: Harlingen, September 12-14  San Antonio, October 10-12  Alton, November 28-30 Utility Management: San Antonio, October 24-26 Valve and Hydrant Maintenance: San Antonio, October 17-19

Wastewater Credit Courses

Basic Wastewater: San Antonio, September 26-28 Wastewater Collections: San Antonio, September 19-21 Wastewater Technology: San Antonio, August 21-25 Wastewater Treatment: Harlingen, August 29-31

Public Funds Information Act Training

Initial and Renewal: San Antonio, October 3  Dallas/Allen, October 31

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