Quench Magazine - 2020 Issue 4

Emergency Preparedness and Response: Peak Hurricane Season is Here

Also Inside: Inside: Fifth Circuit Follows TRWA's Amicus Brief in Green Valley SUD's Major CCN Decertification Case Disinfection Byproducts — Haloacetic Acids

2020 — Issue 4 www.trwa.org

TRWA Today Established in 1969, the Texas Rural Water Association (TRWA) is a statewide nonprofit trade association with an active membership consisting of over 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 3 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.

Board of Directors

TRWA Staff

Officers

President Chris Boyd Denton (District 3) Vice-President Bruce Alexander Medina (District 2) Secretary Kevin Spence Franklin (District 11) Treasurer Robert Nettles Walker (District 13) Immediate Past President Brian Macmanus Cameron (District 6)

District Directors Mark Gardenhire Shackelford (District 1) Steve Adams Brown (District 4) Dave McMurry Bastrop (District 5) Johnny Rudisill Collin (District 7) Charles Beseda Hill (District 8) Pat Allen Guadalupe (District 9) Kent Watson Brazos (District 10) Shirley Thompson Kaufman (District 12) Bill Baird Rusk (District 14)

Leadership Team Lara Zent Allison Kaminsky Larry Bell Nichol Howell Tom Shephard, CPA Trent Hightower Jason Knobloch

Executive Director & General Counsel Deputy Executive Director Technical Assistance Director Professional Development & Training Director Finance Director Assistant General Counsel Environmental Services Director

ext. 101 ext. 107 cell: 512-964-8133 ext. 134 ext. 102 ext. 106 ext. 137

Amanda Ashcraft Melody Bennett Ross Brookbank Pam Cantrell Kelsey Copeland Lisa Gallo Angela Harris Miles Hartman Brittney Melancon Emily Young Ariane Walker

Office Manager Project Support Specialist Membership and Outreach Manager Accounting Support Specialist Communications Specialist Meeting and Event Planner Project Support Specialist Project Support Specialist Paralegal Assistant Environmental Services Director Training Support Specialist

ext. 100 ext. 130 ext. 108 ext. 139 ext. 155 ext. 105 ext. 131 est. 135 ext. 110 ext. 132 ext. 111

Thomas Acker, Jr. Michael Beadnell Nathan Cantrell Alex Eaves Paul King Deborah McMullan Charles Perkins Bruce Pearson James Smith Quentin Turner William White Scott Willeford Gilbert Ybarbo

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

cell: (512) 751-6337 cell: (512) 924-4552 cell: (512) 924-7158 cell: (512) 964-7203 cell: (512) 913-9753 cell: (512) 923-5842 cell: (512) 964-2108 cell: (512) 922-4942 cell: (512) 964-9234 cell: (512) 517-9889 cell: (512) 924-4233 cell: (512) 657-8813 cell: (512) 317-2003

Office Staff

Field Staff

Contact the Editor

Editorial and advertising inquiries may be directed to the Communications Department at editor@trwa.org.

Join the conversation at: www.facebook.com/TexasRuralWaterAssn 2

Quench — 2020 - Issue 4

Find us at @TexasRuralWater for industry and legislative news relevant to you!

Features:

6

Fifth Circuit Follows TRWA's Amicus Brief in Green Valley SUD's Major CCN Decertification Case

7

TRWA's Fall Conferences are Going Virtual!

By Trent Hightower, Texas Rural Water Association The New Orleans-based Fifth Circuit Court of Appeals overturned long-standing precedent established in North Alamo WSC v. City of San Juan, a 1996 decision holding that a federally-indebted utility’s duty to provide service under its CCN is the equivalent to “making service available” under federal law.

7 18 20 28

8

Our Fall Management and Districts Conferences are set to be held virtually on October 20-23.

Technical Assistance Corner: Disinfection Byproducts — Haloacetic Acids

By Jason Knobloch, Texas Rural Water Association This article explains the general regulatory requirements of Disinfection Byproducts and how they are formed, with a focus on one of the most commonly found byproducts, Haloacetic Acids (HAA5).

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

4

Ask Larry

5 12

Keep it Legal

14

Answers to your technical questions Answers to your legal questions

Classified Ads Advertiser Index Plan Ahead

TRWA’s Calendar of Events

29 31 31

18

Tornado Strikes Onalaska Water and Gas

20

Peak Hurricane Season is Here

22

Risk Resiliency and Your System

In Memoriam: Refugio P. Rodriguez, Jr.

TRWA Awards Honor Individuals and Systems that Demonstrate Excellence

24 26 28

By Joseph Crain, Onalaska Water Supply A tornado striking Onalaska caused major damage to the community. Read on for a first-hand account of how this system responded, with a little help from their friends.

Mid-August through October marks peak hurricane season, and water utilities must remain vigilant in preparing for an responding to potential hurricane impacts.

By Larry Bell, Texas Rural Water Association What is a resilient system? Learn more about what to consider when building resiliency for your system in the face of emergency events.

TRWA says goodbye to a dear friend and colleague.

By Allison Kaminsky, Texas Rural Water Association The nomination window is now open for TRWA's annual awards program. You or your system could be recognized for excellence and win a cash prize!

TRWA Briefs

TRWA Welcomes New Employee; Welcome to TRWA's New Utility Members

On the Cover: Rainy Day Irrigation, by Elaina Knobloch, 2020 PH 2OTOSTREAM Category Finalist Quench — 2020 Issue 4 3

President’s Message Hello Rural Water Family, Hopefully, everyone is continuing to be safe during the continued battle with the Coronavirus! I know we all really look forward to when it’s under control and we can resume a more normal existence.

“Please be sure and reach out to staff or your TRWA District Director if there is any way we can be of assistance.”

I’d like to express thanks to our great staff for their efforts in continuing to provide meaningful virtual training opportunities as our in-person conferences are cancelled. In an effort to ease some of the planning challenges, the TRWA Board made the decision to make all of our fall conferences virtual through the end of the year. By taking this approach, it frees up staff to more specifically develop the best programs possible and not waste efforts planning things like hotels, food, etc…

The Association is still very active, even in the virtual realm. We continue to handle matters such as hurricane response, legal interaction in federal 1926(b) and CCN decertification cases, planning for the upcoming State legislative session, working to continue TCEQ contracts, adding an additional Circuit Rider, and technical regulatory matters, along with numerous other programs and issues.

We appreciate your continued support of TRWA! Please be sure and reach out to staff or your TRWA District Director if there is any way we can be of assistance.

Stay safe! I look forward to seeing you as a participant in our fall conferences.

My Regards,

Chris Boyd President Texas Rural Water Association

4

Quench — 2020 - Issue 4

Letter from the Executive Director Dear TRWA Members, In the middle of this pandemic, our TRWA team worked tirelessly after Hurricane Laura to bring generators to restore power and water service to around 10 Texas communities. Our emergency response team then traveled to Louisiana to help our neighboring Rural Water Association assist systems there. Our staff team was joined by staff from Mustang SUD and North Collin SUD; and several other systems lent their mobile generators to help with the cause.

Our team was up until 3 a.m. restoring service to a system, slept on air mattresses due to scarcity of hotel rooms and worked to repair leaks at systems where lines were torn up by downed trees. In Louisiana, they met up with other rural water teams from Georgia, Florida and Alabama who were also there to help.

Earlier this summer, in July, TRWA staff traveled to South Texas to check on systems impacted by Hurricane Hanna and also brought generators.

As a member of TRWA, you are part of this caring and sharing network with resources available to help your water or sewer utility in any emergency situation. When you’re in need, we’re just a phone call away.

It’s hard to write this letter without talking about the pandemic as it’s affecting everything we do at TRWA. Until recently, I have been of the mindset that next year everything will be back to normal; but my expectation of that being the case is starting to change. It will take time to develop an effective vaccine, administer it and for people to feel safe gathering in large groups again. Next year’s Convention may look and feel very different than what we’re used to.

Understanding that it may be awhile longer before we can connect again in person, I’m inviting you to connect with us online at this year’s Fall Management and District Conferences. I know it is not the same as being together, but it is a way for us to learn and interact with each other; sharing a common experience with other rural water leaders.

“As a member of TRWA, you are part of this caring and sharing network with resources available to help your water or sewer utility in any emergency situation.”

The conferences will be held the mornings of October 20-23, with special guest Representative Lyle Larson, Chairman of the House Natural Resources Committee, featured live on the first morning. We’ll have live presentations, pre-recorded presentations with live Q&As, and discussion rooms with TRWA legal and technical staff. More information can be found on page 7 of this magazine. We’re working hard to make this the best possible virtual conference experience and hope you will join us!

Sincerely,

Lara Zent Executive Director and General Counsel Texas Rural Water Association Quench — 2020 Issue 4 5

Fifth Circuit Overturns Long-Standing Legal Precedent in Green Valley SUD's CCN Decertification Case

By Trent Hightower, Assistant General Counsel, Texas Rural Water Association

O

n August 7, the New Orleans-based Fifth Circuit Court of Appeals overturned longstanding precedent established in North Alamo WSC v. City of San Juan, a 1996 decision by the same court holding that a federally-indebted utility’s duty to provide service under its CCN is the equivalent to “making service available” under federal law. North Alamo has been one of the cornerstones in Texas rural water utilities’ fight to protect their CCNs from decertification by neighboring providers, though this precedent has been largely unique to Texas since courts in other jurisdictions have not applied the same standard.

As background, Green Valley SUD scored a victory for rural water in 2019 with a favorable U.S. district court decision in their ongoing CCN decertification case with the cities of Schertz and Cibolo. The cities immediately appealed that decision to the Fifth Circuit Court of Appeals, the appellate court directly below the United States Supreme Court responsible for hearing appeals from district courts in Texas, Louisiana and Mississippi.

A panel of three judges is usually assigned to hear the majority of cases, but here, the Fifth Circuit took the unusual step of having the case argued before all 17 judges. Historically, when appellate courts choose to have the whole court hear a case, it sends a strong signal that they are planning to overturn established precedent.

The Public Utility Commission (PUC) and the cities argued that a utility can only show service has been made available if the utility has infrastructure in place dedicated to serving the property to be decertified.

Had the Court overturned North Alamo in favor of this standard, rural utilities would have found their CCNs extremely vulnerable to decertification by neighboring providers, because utilities simply do not, and cannot plan for future growth in that way.

TRWA submitted an amicus brief in support of Green Valley, which argued in favor of the North 6

Quench — 2020 - Issue 4

Alamo precedent; however, given the likelihood that the North Alamo standard would fall, we also offered the court a reasonable alternative already used in other jurisdictions across the country. The Court essentially adopted TRWA’s alternative argument in its entirety, the best possible outcome short of a full affirmation of North Alamo.

In this case, the Court adopted the “physical ability” test, which states that a utility must show that it has adequate facilities to provide service to the area within a reasonable time after a request for service is made and that it has the legal right to provide service to the area. The opinion also states that courts will need to make a fact-specific determination in each case as to whether a utility can make service available within a reasonable time after it receives a request for service.

While not the best possible outcome for Green Valley and rural utilities in Texas, the physical ability test should protect rural utilities with federal debt from decertification when they are ready and able to serve high-growth areas. The court remanded the case to the federal district court to further rule on the facts based on this opinion.

If you have questions about this article, contact legal@trwa.org.

J. F. FONTAINE & ASSOCIATES, INC. CONSULTING ENGINEERS RURAL WATER SYSTEM ENGINEERING SINCE 1962 700 N. Sycamore St. P.O. Box 4187 Palestine, Texas 75802

(903) 729-6005 jffontaine@jffontaine.com

Save the Date TRWA's Fall Conferences are Going Virtual!

October 20-23 9:00 – 11:30 a.m. daily Registration Members: $199 | Non-Members: $299 Join us for our Fall Management and Districts Conferences to improve your managerial skills, arm yourself with the latest updates in utility regulation, and interact with industry professionals from across Texas. This virtual event is two conferences in one — register for your conference of choice, but gain access to sessions from the other so you can build the educational program that suits your needs! Each day will also include live "Ask the Experts" roundtables hosted by TRWA's technical and legal staff.

Fall Management Conference

Districts Conference

• Legislative Preview featuring State Rep. Lyle Larson • Emergency Response Panel • Investing in a Multigenerational and Diverse Team • The Role of Managers and Directors in Developing Outside Relationships in Achieving Key Objectives • Embracing Technology • Workforce Development & Retention Strategies • Water Loss Audits • Five Functions of Management

• Legislative Preview featuring State Rep. Lyle Larson • Emergency Response Panel • Ensuring Financial Stability for Your District • Records Retention for Water Districts • Effective Enforcement of District Service Policies • Avoiding Ethical Dilemmas: Conflicts of Interest, Dual Officeholding & Nepotism • Required Policies & Regulatory Filings for Water Districts • Community Outreach Projects

TCEQ operator certification renewal credit and continuing legal education credit will be requested for attendance at each conference.

Learn more at www.trwa.org/Fall2020

Quench — 2020 Issue 4 7

Technical Assistance Corner: Disinfection Byproducts — Haloacetic Acids

By Jason Knobloch, Environmental Services Director, Texas Rural Water Association

I

n our business of supplying water to the public, we have three primary goals we thrive to achieve for our customers — provide water that is potable, palatable and has adequate pressure. Palatable water is defined as pleasant to taste or acceptable and satisfactory. Our public water supply companies do a pretty good job of achieving this goal. Adequate pressure involves a utility being able to maintain the infrastructure of their system, whether it be at the plant with pumps and motors, in the storage process or in the distribution system regarding distribution mains and service lines. This goal is primarily affected by proper planning, maintenance and the occasional mechanical failure.

The last goal of potable water, however, is the most important and at times, the most difficult.

Potable is defined as safe to drink or drinkable. That definition is often challenged by a subjective view of the public and commonly confused as palatable or is misguided by misinformation. There are various standards set by state and federal regulations that direct public water supplies on what is considered safe for consumption. At times, situations arise that violate these standards and this creates public alarm of how safe our water may or may not be.

These concerns can come from naturally occurring and man-made contamination, treatment errors, malfunctions or simply a change in the weather.

most common conversations are about disinfection byproducts (DBP). In this article, I will explain the general regulatory requirements of DBPs and how they are formed, with a focus on one of the most commonly found byproducts, Haloacetic Acids (HAA5).

The water that we receive from a variety of sources is treated with disinfectant to kill harmful organisms. Water disinfectants are an essential element of potable water treatment because of the barrier they provide against waterborne diseasecarrying microorganisms. Diseases such as typhoid, hepatitis and cholera have been greatly reduced in incidence since the introduction of chemical disinfection.

DBPs are chemicals that form during drinking water treatment and distribution when naturally occurring organic matter reacts with chlorine or other disinfectants used to kill pathogenic organisms.

The U.S. Environmental Protection Agency (EPA) has determined that four of these chemicals, or classes of chemicals, pose potential health risks and must be regulated. More information on this and the regulatory requirements can be found on Texas Commission on Environmental Quality's (TCEQ) website at: https://www.tceq.texas.gov/drinkingwater/ chemicals/dbp.

Of these DBPs, the primary violators are Total Trihalomethanes (TTHMs), which we discussed at length in the May/June 2019 issue of Quench, and Haloacetic acids, also Contaminant MCL (mg/L) Potential health effects from known as HAA5. Like TTHMs, HAA5 are long-term exposure above comprised of multiple constituents and have the MCL (unless specified as short-term) a Maximum Contaminant Level (MCL) of 0.06 mg/L. The five components of HAA5 are Bromate 0.01 Increased risk of cancer Monochloroacetic acid, Dichloroacetic acid, Chlorite 1 Anemia; infants and young Trichloroacetic acid, Monobromoacetic acid children: nervous system effects and Dibromoacetic acid. Though HAA5 are Haloacetic Acids 0.06 Increased risk of cancer not a problem for many systems across the (HAA5) state and are not as widespread of an issue as Total 0.08 Liver, kidney or central nervous TTHMs, it is still important to understand how Trihalomethanes system problems; increased risk they are formed and how to address them.

(TTHMs) of cancer

Though there are many areas in water treatment that can be discussed as a public concern, the

8

Quench — 2020 - Issue 4

Information above provided from TCEQ 2020 Public Drinking Water Conference

HAA5 can be formed by chlorination, ozonation or chloramination of water with formation promoted by slightly acidic water, high organic matter content and elevated temperature. Chlorine from the water disinfection process can react with organic matter and small amounts of bromide present in water to produce various HAA5. Because of this, high levels of Total Organic Carbon (TOC) in the source water directly affect the amount of DBPs; the higher the TOC, the higher the DBP formation potential when disinfection is introduced. Source water is the great variable in the treatment process. Source water quality can change from day to day depending on the area and/or the weather. Weather events can

adversely affect water quality of various public water supply sources downstream by adding additional organics into the water through stormwater runoff. A common saying in Texas is, “if you don’t like the weather, wait a minute.” Public water systems that treat surface water, or GUIs (Groundwater Under Influence of Surface Water), especially know this as they must continuously monitor and adjust to the water quality conditions.

Groundwater often has more layers of natural filtration than surface water, while surface water is exposed to the elements, including weather and runoff.

When chlorine is added in the treatment process, it reacts to the remaining organics in the water and creates unwanted byproducts.

For Haloacetic acids, chlorine oxidizes bromide in the water and creates bromine. Bromine itself can actually be used as a disinfectant for applications such as swimming pools and cooling towers, but not for drinking water. It is the combination of the bromine and the free organics that cause concern for health associated byproducts. Formation of HAA5 begin within seconds/minutes of contact with chlorine, but like all DBPs, temperature, pH Continued on page 10

The infographic below provides an overview of the formation process for Haloacetic acids. It can be found online at http://waterandsewer.org/haa5-frequently-asked-questions/.

Quench — 2020 Issue 4 9

Continued from page 9

and contact time are the other factors that heavily influence the amount of HAA5 that are created.

Haloacetic acids are classified as either chlorinated or brominated. Out of the five acids that make the group of Haloacetic acids, Monobromoacetic and Dibromoacetic acids are brominated species. Brominated DBPs have higher health risks than chlorinated DBPs and the presence of bromide in source waters increases that risk to chlorinated drinking water. Similar to TTHMs, brominated species of HAA5 are more difficult to remove and are not easily addressed with simple treatments.

I commonly see situations where suggested remedies to address brominated DBPs include aeration, but it is important to understand that aeration has minimal to no effect. Though aeration is a great option for removing chlorinated DBPs and can possibly help lower your total Haloacetic acid by treating the chlorinated species, the presence of bromide in the source water largely impacts the effectiveness of this treatment technique. To get an idea of what DBPs are making your total HAA5, you can refer to your quarterly samples taken by TCEQ contractors or view your results online on the Texas Drinking Water Watch website at: https://dww2.tceq. texas.gov/DWW/. Your DBP samples will list your individual DBPs as shown in the example below.

In the example, you can see the previously mentioned HAA5 that make up your total result.

Outside of the context of drinking water, these acids are used in a variety of ways and applications such as in herbicides, cosmetic procedures and as a

10

Quench — 2020 - Issue 4

stabilizer in PVC. Some of these are considered strong acids and can be destructive to human tissue through inhalation in large quantities. The MCL of HAA5 is determined by considering the effects of long-term consumption of these chemicals in drinking water. By understanding these individual components, you can better identify which treatment processes may work for you.

One method to remove HAA5 is through increased filtration. Filtration options such as membrane filters can be introduced to your treatment process as a means to remove the organic precursors and reduce the amount of DBPs created.

Other means of treatment include Activated Carbon and enhanced coagulation. Although these are the three most commonly used technologies for DBP treatment, there are new technologies being developed all the time but need to be thoroughly investigated to match the needs of your system.

Outside of additional treatment options, there are other techniques that may help reduce HAA5 levels using what you currently have.

• Removing extra storage tanks — Public water systems often have more storage than needed.

This is great as a measure of preparedness and future growth, but at times adds to the issue of creating DBPs. When possible, reduce extra storage by taking tanks offline, dropping tank levels or deep cycling tanks to keep fresh water throughout your tank.

• Adding mixers — Mixers are different than aeration because the focus is to circulate water and create a consistent disinfection and quality of water throughout the tank. Aggressive mixing

can benefit the removal of some dissolved gases and Volatile Organic Chemicals (VOC), but that is typically done with aeration. Mixers can be added in various forms so it should be discussed with your engineer to find the most beneficial method and obtain the necessary approvals.

• Distribution flushing — The good ole’ flushing technique. If your system has an issue of detention time, this is a simple and generally cheap option for moving water to alleviate detention time. Some parts of your system may not use as much water as others, so flushing may be very beneficial. Flushing can also help cool the temperature of your water. Warm temperature can impact water quality, especially for systems where the water sits in storage tanks and for systems that have shallow lines. Certain parts of Texas unfortunately have this battle from the start as they pump water with higher temps.

• Maintaining optimal chlorine levels — We know that the minimum requirements for maintaining residuals are 0.2 mg/L for free chlorine and 0.5 mg/L for total chlorine, depending on your system disinfectant. It is important to understand that more is not always better when it comes to chlorine residuals. A system does need to make certain that they are maintaining a residual all the way through the system, but that is often overcompensated for fear of not having enough and can result in excessive disinfection at the entry point. DBPs, especially brominated species, are formed instantly when chlorine is applied.

The use of chloramination has been shown to minimize the formation of these DBPs but does not stop it altogether. If your system is using free chlorine but has an elevated source of organics, consider switching to chloramines. This of course would need to be approved by TCEQ and would require you to implement other measures such as a Nitrification Action Plan, but it may be a potential fix to your DBP problem.

through it. TRWA provides hands-on assistance with these issues through a variety of state and federal programs.

If you have any questions regarding this article or would like any assistance to address water quality issues in your system, feel free to contact me at (512) 915-7246, or at Jason.Knobloch@trwa.org.

Planning & Design Services for your Water System TREATMENT · STORAGE · DISTRIBUTION

877.572.3647 KSAENG.COM

Identifying and resolving issues with contaminants in your treated water is just one of the many areas that you as water professionals and public service providers must monitor and address in your dayto-day operations, but it is the most important. The methods in which you provide water to the public vary from one water system to another, but it is the duty of all of us to provide safe water to those that rely on it. Dealing with HAA5 and other DBPs can be an frustrating task with a lot of variables, but fortunately there is assistance available to help you Quench — 2020 Issue 4 11

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

Q:

We have a customer with a major leak on their side of the meter. We gave them a leak adjustment about three months ago (our policy is one leak adjustment every two years), but the leak is only getting worse and is starting to affect our water loss ratio. This is a long line and we have lost over 300,000 gallons of water in the past two months.

We don’t want to disconnect if we can avoid it, as the customers are elderly and on a fixed income. What can we do?

A: Unfortunately, this exact situation has happened too many times in the past. Systems adjust high bills, waive late fees and even go out and try to find the leaks on private yard service lines themselves to avoid having to disconnect sympathetic customers. I recommend amending your leak adjustment policy to require the leak be repaired before the adjustment is made to help avoid this situation in the future.

It sounds like the customer is not inclined to do anything about the situation themselves as long as the water is still running, but clearly this situation should not continue. Some systems in this situation have contacted a plumber or handyman and inquired as to whether they would be willing to help the customer on some form of sliding scale, or at least assist the customer in locating the leak so they can fix it themselves. A skilled professional should be able to locate the leak — 300,000 gallons of water should be running down a ditch or across a pasture or washing out their septic tank or city sewer line.

Additionally, you could suggest this family contact local charitable groups like the Lions Club, Knights of Columbus, Sons of Hermon, or local churches to see if they have a volunteer group that assists the elderly with various home maintenance projects.

One of these groups might be willing to walk the line to see if they can find a big hole in the ground, flowing water in a creek or ditch, or check all the toilet connections to see if they can locate the source of the leak.

All that said, your system probably has a bigger 12

Quench — 2020 - Issue 4

problem. That leaking pipe could cause these folks to get sick from drinking dirty water from their septic lines or contaminated soil. Not only can this family get sick, but their neighbors could also be at risk due to the cross connection caused by the leaking pipe.

The Texas Commission on Environmental Quality (TCEQ) or your local health department could get involved if an illness broke out in the community that could be traced to this private leaking service pipe.

Your system can protect the other customers along the water main by requiring this couple to install a backflow assembly which would stop any dirty water from getting back into the water main.

The danger of broader contamination of water systems due to leaks of this nature is the reason the TCEQ Rule 290.46(j) allows utilities to disconnect service in this situation. The TRWA Sample Tariff also contains language allowing for disconnection of service due to unaddressed line leaks on the customer’s side of the meter.

As difficult as it may be given this family’s financial situation, the utility should send them a letter with the support of the board giving them a deadline for doing something about the water loss and prompting them to make arrangements to pay out the balance on a payment schedule that they can afford. Again, you could also offer them assistance or provide them with local groups who may be able to assist them at a free or discounted rate.

It is very hard to disconnect certain individuals, but it is important to consider the bigger picture: if they or their neighbors were to get sick due to a contamination issue, the system could be blamed because the meter valve should have been turned off for the protection of all customers once the issue was identified and allowed to persist.

Q: We have several members who have second living residences at their home, but only one meter. Our employees drive around the community daily and can tell that there are clearly people living at these second residences.

Our service agreement states that we only allow one dwelling per connection. What can we do

if the owner of the membership denies that someone is living at the second residence?

A: This is certainly a tricky situation but it’s one that many TRWA systems have faced when trying to enforce their tariff or district service policies.

The best way to verify whether a customer has a prohibited second connection is by performing a new customer service inspection (CSI). You should start by notifying these customers that you have observed people living at these residences and cite them to the relevant TCEQ rules and provisions of your service agreement relating to having only one residence per connection. While it may be difficult for them to claim the second dwelling is vacant if evidence of habitation is obvious, some people might try to claim that the habitation is only intermittent, that no water is being used at the second location, or that water there is being supplied from a separate source.

Q: How do you suggest we conduct our CSIs in a safe manner given the ongoing COVID-19 crisis?

A: It would be easy at the moment for systems to put CSIs off until the pandemic has ran its course, but I would advise against that for several reasons.

First, we have no way of knowing how long this crisis will last, so putting them off could result in a backlog whenever the situation does calm down and things return to something closer to normal. Also, it could be difficult at that time to get customers to schedule and pay for the inspections once they’ve been living in a home for an extended period of time.

"Any situation that requires you to be in and around peoples' homes and interact with them will require additional precautions to reduce the risk of transmitting the coronavirus."

Any correspondence you send to this regard should include a deadline for the customers to contact the system to set up a CSI so the utility can verify whether any prohibited interconnection between the two dwellings exists. The correspondence should also include a date on which service will be disconnected if the customer fails to make arrangements for the CSI.

The inspector would also check for chlorine residuals at any location which the customer says is being supplied water from a private well or other source. The inspector may also require the customer to demonstrate or show how water pipes at the secondary home are independent of the piping serving the customer’s primary residence.

Many times, a customer has a shut off valve installed to the second residence that can be turned off for plumbing repairs or when inspections like these are to be conducted. In that case, the system may need to check the hot water heater to see if it has water in it or, as stated above, have the customer demonstrate that water in the second dwelling is from another source and not a water hose from the first house. Even a temporary hose hook-up is prohibited since that is a violation of the conditions found in your customer service application and agreement.

Any situation that requires you to be in and around peoples’ homes and interact with them will require additional precautions to reduce the risk of transmitting the coronavirus. Many professionals, such as plumbers, air conditioning technicians and exterminators, have developed protocols for doing their critical work in a safe manner during the pandemic. You should ensure that your customer service inspectors have some of those same procedures in place. For example, when going on site to perform a CSI, inspectors should gear up with a mask and gloves, and they should be sure to social distance when interacting with property owners and renters.

Additionally, they should keep hand sanitizer nearby and use it before and after the inspection, and even though it might be odd given how common they are, handshakes should absolutely be discouraged.

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

Quench Bus Card Ad 2018 .qxp 2/22/18 8:01 PM Page 1

1-800-327-9761 (except FL) E-mail: regal@regalchlorinators.com

TEL (772) 288-4854 FAX (772) 287-3238

Your TRUSTED Selection for Water Disinfection

1044 S.E. Dixie Cutoff Road, Stuart, FL 34994 USA www.regalchlorinators.com

ONLY 68 PARTS IN OUR CHLORINATOR Quench — 2020 Issue 4 13

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

Q:

What happens to the membership fee of a deceased member of a water supply corporation after the member dies? Our membership fee is classified as refundable in our tariff.

A: Unfortunately there isn’t really a clear-cut answer to what happens in this situation because there isn’t a statute directly on point. If a member moves away from your service area or cancels their membership for some reason, a refundable membership fee is generally liquidated to pay for any outstanding balances owed by the member, and the remaining amount, if any, is then returned to the member.

The situation becomes more complicated when a member dies, because water supply corporations aren’t courts, and it’s not their job to determine who is legally entitled to receive property that would have belonged to the deceased individual. That said, if there is an executor overseeing the decedent’s estate, you could attempt to return the remaining membership fee (minus any outstanding balance left on the deceased individual’s account) to the estate.

If the decedent did not leave a will and there is no executor of their estate to oversee their affairs, you should see whether any heirs wish to establish service in their name at that location. Chapter 67 of the Water Code, as well as the TRWA Sample Tariff, contain provisions governing membership transfers.

One way a membership can be transferred is through inheritance, so if someone can provide you with proper proof of ownership, such as an affidavit of heirship, and otherwise qualify for service on their own, you can essentially use the deceased individual’s membership fee as the heir’s membership fee (or part of the fee, if the decedent died while owing a balance that was liquidated out of that fee).

If there is no executor and no one comes to you asking for service, I believe the fee would count as unclaimed property under state law, which must be reported to the Comptroller following the guidelines outlined at the following website: https://claimittexas. org/app/what-is-ucp.

14

Quench — 2020 - Issue 4

Q: When a workweek includes a paid holiday, how do we handle that for things like time-and-a half pay for our non-exempt employees?

A: As background, the federal Fair Labor Standards Act requires all non-exempt employees to be paid at a rate of one and one-half times their regular rate for any hours worked over 40 during a workweek. The Act exempts certain executive, administrative, professional, and outside sales employees from these requirements subject to certain conditions; but in general, “blue collar” workers who perform manual labor, repetitive operations with their hands, or work that requires physical skill and energy are classified as nonexempt and are therefore entitled to overtime pay.

Under U.S. Department of Labor regulations, employers must pay employees for all hours in which they are “suffered or permitted to work.” Only hours actually worked in excess of 40 in a sevenday workweek are counted toward overtime pay; paid leave hours and paid holiday hours generally do not count toward overtime pay. For example, if a worker is off for a system holiday on Monday but works ten hours each on Tuesday-Friday of that same week, they have only actually worked 40 hours in that week, not 48 (which would have been his or her total if the Monday holiday were counted).

Thus, the worker is not entitled to 8 hours of overtime pay, as their total hours worked is only 40.

That said, employers are free to develop whatever policies they wish when it comes to holidays, so you should check your system’s

personnel policies and see what they say. Some organizations have a provision that they will pay time and a half for hours worked on the actual holiday, for example.

Q: We have non-exempt employees who are “on-call” on weekends, holidays and sometimes after business hours to attend to emergencies that might arise. How do these on-call hours impact the employees’ entitlement to overtime pay?

A: As discussed above, the Fair Labor Standards Act (FLSA) entitles non-exempt employees to payment at one and one-half times their regular rate for hours worked over 40 during a workweek. With that in mind, not all on-call hours are the same — the answer to your question likely depends on the amount of activity required by the employee and the amount of freedom he or she has during their on-call hours. For example, some employees might be required to physically make rounds around a property checking for potential problems. These employees are not truly on-call; rather, they are working and are thus entitled to overtime pay.

Thus, if an employee is expected to be available all weekend in case a situation comes up, but no such situation manifests, the employee did not work any compensable hours over that weekend under the FLSA. If, however, a situation like a busted pipe occurs and they must come in to fix it, the clock begins ticking on their 40 hours once they begin working to address the problem. Based on my understanding of how most systems utilize on-call employees, most utility workers would likely fall within this “waiting to be engaged” category, and therefore would not be considered as working for purposes of calculating time worked and overtime pay until they are required to put their personal lives on hold to fix a problem with the utility.

Q: Can our board hold a retreat, away from members of the public, to discuss long-term plans and goals for our water system? Are there any exceptions to the Texas Open Meetings Act that would cover this situation?

A: The short answer is no — this would be a clear violation of the Texas Open Meetings Act. To discuss any system business, including long-term plans and goals, the board must hold a properly-noticed, public meeting. The matters you describe are topics of general importance to your members or customers and are precisely the type of thing the Open Meetings Act was created to ensure occur openly and with public participation.

"Only hours actually worked in excess of 40 in a seven-day workweek are counted toward overtime pay; paid leave hours and paid holiday hours generally do not count toward overtime pay."

If your employees are not on site affirmatively looking for issues during their on-call periods, the U.S. Department of Labor distinguishes between those employees who are “waiting to be engaged” vs. those who are “engaged to wait.” Employees are being “engaged to wait” if they are required to remain on premises or so close thereto that they cannot effectively use the time for their own purposes. These employees are considered to be working at any time they are so engaged, and those hours would therefore count toward their 40 hours and potentially push them into overtime pay eligibility. A good example of an employee who is engaged to wait would be a nighttime security guard — his job is to be physically present if needed, so he is working even if nothing happens.

Conversely, an employee is “waiting to be engaged” if he or she is free to go about their business as they see fit and are only required to come into work if a situation arises. During the time in which the employee is expected to be available, they are not working, and that time does not count toward their 40 hours or toward overtime eligibility.

There might be some confusion if someone at your system heard a speaker at one of our conferences mention an exception for certain educational workshops. However, that is a very specific exception that doesn't apply to what you described. The Act does not consider it a meeting when a quorum of the board convenes at a “regional, state or national convention or workshop.”

I sometimes hear confusion from members about this exception, because at first glance it can appear that it would allow for a retreat or workshop like what you described. However, the key here is the regional, state or national nature of the convention or workshop. The Act contemplates that directors will need to obtain training and education to best Continued on page 16 Quench — 2020 Issue 4 15

Continued from page 15

manage their responsibilities, and this exception allows them to do so at, for example, one of TRWA’s conferences. There they can interact with TRWA staff and other professionals in the industry to learn things that they can take home to their community.

As long as any discussion about official business at such an event is incidental to the event and no action is taken by the board on any business, the law does not consider this to be a “meeting” within the Act.

concept into your operation, it is best to make note of that idea and bring it up at an open meeting when you get home. All that said, the board can and should still get together to discuss long-term planning and strategy for the water system, but they should do so in public at a noticed, open meeting.

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

“Incidental” discussion would cover things like talking about events at your system with friends from other utilities, or asking questions of a panelist at a presentation using a situation from your system as an example. Note that mere presence at a conference does not invoke the exception — if your board convenes during breaks and discusses official business, your discussion is no longer incidental to the educational aspect of the event and you have just conducted an illegal meeting far away from the public you serve. Therefore, if you get any ideas from a conversation or presentation while attending a conference about how you can implement a

ONLINE TRAINING AVAILABLE Earn training credit hours through self-paced courses.

Learn More: www.trwa.org/59 training@trwa.org (512) 428-5754

16

Quench — 2020 - Issue 4

FULL SERVICE LEAK DETECTION I GIS MAPPING I DRINKING WATER REGULATORY SUPPORT

Water is a Precious Resource.

How Much Are You Losing?

Samco Advanced Services include:

Pro-Active Leak Detection Preventive Maintenance Programs System-Wide Water Accountability Assessments GIS Mapping and Asset Management Services Drinking Water Regulatory Support

Benefits of Utilizing SAMCO Services Reduce water production and distribution costs Improve overall efficiency and gain knowledge of your distribution system Improve water quality and assure adequate pressure to help safeguard public health Improve public water system compliance with State and Federal regulations

SAMCO

901 Mopac Expressway South, Suite 300 Austin, TX 78746 512-263-7043 (Office) 512-751-5325 (Mobile) sgodfrey@samco-leakservice.com www.samco-leakservice.com

Emergency Preparedness and Response

Tornado Strikes Onalaska Water and Gas

By Joseph Crain, Board Director, Onalaska Water Supply

I

n the late afternoon of Wednesday, April 22, 2020 an estimated EF-3 tornado struck the Lake Livingston community of Onalaska. Although the tornado created a scar of destruction of slightly less than half a mile wide, the storm traveled along the ground for approximately 75 miles. Particularly hard hit were a number of neighborhoods served by Onalaska Water and Gas Supply (OWS), a nonprofit member owned rural water service with 1,775 customer/members. General Manager Sidney “Jr.” Chance and his wife Sarah, whose own home was in the path and deemed a total loss, evacuated to the OWS office, and began recalling the other nine employees. Initially unknown, but later learned, Lead Operator John Whittington’s home was severely damaged as well. Additionally, seven of the nine employees of OWS incurred losses to personal property and ultimately four personal vehicles were deemed a total loss. Fortunately, the office which is located only a couple hundred yards north of the destructive path of the storm, sustained only minor damage.

In prior years, multiple hurricanes had resulted in area power outages. As a contingency, OWS had installed backup generators on the four water plants and at the office. Initially it appeared the system’s contingency planning paid off.

However, with the massive destruction caused by the tornado, monitoring of the two elevated storage tanks and the ground storage tanks showed rapid water loss from broken main lines and customers’ service lines.

In an effort to curtail the excessive water loss, it was determined some neighborhoods had to be cut off and isolated from the system.

18

Quench — 2020 - Issue 4

Other neighborhoods were not affected and service was maintained by the backup generators providing power to keep pumps operating. A problem not previously considered was that some areas where water isolation valves needed to be turned off were not immediately accessible due to downed trees on highways. With the high water losses, entire subdivisions subsequently had to be isolated. Meanwhile, operating on generator power and maintaining water service to unaffected neighborhoods, OWS started experiencing generator failures during the night. By Thursday morning, still not knowing the full extent of damage, a boil water notice was issued for the entire water system.

General Manager Chance reached out to Larry Bell, Technical Assistance Director for Texas Rural Water Association (TRWA), who immediately responded by delivering to OWS a 100 KW generator to replace an overheated and failed one at a plant serving an otherwise intact area. TRWA also contacted nearby San Jacinto Special Utility District (SUD), Walker County SUD and Riverside SUD who contributed manpower, equipment and supplies for the recovery effort. After all problem areas were isolated from the system, repairs began on Friday. By late Saturday evening, water service had been restored to most serviceable homes. On Sunday evening, 99 percent of that service was

repaired, and Sam Houston Electric Cooperative was able to restore electrical power to all water plants.

Throughout this disaster recovery effort, OWS had contact with and are thankful for the assistance of Marissa Peltier of the Texas Commission on Environmental Quality (TCEQ) in Beaumont as well as the TCEQ office in Austin. OWS held daily briefings as to the recovery progress and appreciate the guidance from TCEQ. Onalaska Water Supply also owns Onalaska Gas utility. While water loss due to the damage to the system is serious, similar damage was sustained to the gas system. This presented not only the loss of a valuable gas asset, it presented an immediate explosive danger to the homes, neighborhoods and first responders providing ongoing emergency operations. Again, entire neighborhoods had to be isolated from the supply system. It took two weeks or longer to restore gas service to affected homes.

The experience of OWS offers a lesson in contingency planning. Personnel, facilities, equipment, supplies and insurance are the expensive aspects of any contingency plan and having these in a sufficient number to accommodate an emergency is most often beyond the ability of an organization. There are things that are within the realm of our type business — procedures, knowledge, training and system documentation become invaluable. And of course, there is no substitute for TRWA friends, TCEQ expertise and the help of neighboring water systems willing to lend a helping hand.

The recovery is not complete for Onalaska Water and Gas. There may be many homes that are not replaced, repaired or rebuilt. This diminishes the member/customer base and directly affects the future plans of the company that was previously looking, in the short term, to add another well and elevated storage tank. We learned that while contingency planning saved us, there is more to do — an enhanced backup generator plan, strategically placed isolation valves, and alternative main line routing. Some things we just don’t expect to happen and we could not mitigate the occurrence of the tornado.

San Jacinto SUD Donates Generator to System in Need

When the tornado ripped through the town of Onalaska on April 22, its peak winds of approximately 140 mph caused a great deal of damage to the community, including to Onalaska Water Supply.

TRWA, activating its emergency response efforts, contacted neighboring utility San Jacinto SUD to see if they had the resources to provide assistance to the system in need.

Without hesitation, San Jacinto's emergency response team, led by General Manager Wes Isbell, headed over the following morning to provide aid to the system. The crew, which included Wes Isbell, Jerry Isbell, Abel Calderon and Garritt Clark, got to work shutting off water meters in a subdivision where the tornado had destroyed many homes.

The utility also had a mobile generator they were able to pull over to one of Onalaska's well sites to keep it running. The generator was instrumental in continuing to provide service to less affected areas.

At a later board meeting on June 29, 2020, the San Jacinto SUD Board of Directors formally made a motion to donate the mobile generator to Onalaska Water Supply.

"We just wanted to help out any way we could. Our hearts still pour out to all that were affected by such devastation," said Isbell.

Quench — 2020 Issue 4 19

Emergency Preparedness and Response

Peak Hurricane Season is Here

P

eak hurricane season is here, occurring from mid-August through October. The National Oceanic and Atmospheric Administration’s (NOAA) Climate Prediction Center is predicting above-average Atlantic hurricane activity for 2020.

According to U.S. Secretary of Commerce Wilbur Ross in a NOAA press release, “this is one of the most active seasonal forecasts that NOAA has produced in its 22-year history of hurricane outlooks.”

“This year, we expect more, stronger and longerlived storms than average,” said Gerry Bell, Ph.D., lead seasonal hurricane forecaster at NOAA’s Climate Prediction Center.

Hurricanes and tropical storms have the potential to cause a great deal of damage to water and wastewater utilities due to heavy rainfall and inland flooding, coastal storm surge and high winds. Typical impacts that may lead to service interruptions include, but are not limited to: • Pipe breaks due to washouts, up-rooted trees, etc., which could result in sewage spills or low water pressure throughout the service area • Loss of power and communication infrastructure due to high winds • Combined sewer overflows due to flooding • Restricted access to facilities and collection and distribution system assets due to debris and flood waters • Loss of water quality testing capability during the storm due to restricted facility and laboratory access and damage to utility equipment While response to COVID-19 is currently the primary focus for much of America, water utilities must remain vigilant in preparing for and responding to potential hurricane impacts. The following are some actions water and wastewater utilities can take to prepare for hurricane impacts.

• Review and update your utility’s emergency response plan (ERP). An ERP describes strategies, resources, plans, and procedures utilities can use to prepare for and respond to an incident, natural or man-made, that threatens life, property, or the environment. Incidents can range 20

Quench — 2020 - Issue 4

TRWA delivers a generator to Port Mansfield after Hurricane Hanna knocked out power to their lift station in July of this year.

from small main breaks or localized flooding to large scale hurricanes, earthquakes or system contamination, among other examples.

• Prepare your staff. Conduct briefings, training and exercises to ensure staff is aware of all preparedness, response and recovery procedures. Identify essential personnel and ensure they are trained to perform critical duties.

• Identify priority customers. Know who your priority customers are, such as hospitals, and obtain their contact information, map their locations and make a plan to restore those customers first.

• Develop an emergency drinking water supply plan. Large-scale disasters can cause significant disruptions to water services. Establish contacts and discuss procedures for alternative water supply.

• Establish a network. Your TRWA membership and membership in the Texas Water/Wastewater Agency Response Network (TXWARN), a TRWA partner, connects you to a network of water and wastewater utilities that can have your back in the event of an emergency. TRWA staff are trained as first responders who will come to the area to provide manpower and will also help coordinate assistance from other utilities with resources to offer. TRWA also has generators

available to members in need for any local emergency situation. Membership in TXWARN is free — if you are not already a member, we encourage you to register at www.txwarn.org.

• Inventory and order extra equipment and supplies, as needed. This could include motors, fuses, at least a two-week supply of chemicals, tarps, tape, rope, first aid kits, flashlights, flares, sandbags, batteries, etc.

• Check your equipment. Check that back-up equipment and facility systems, such as controls and pumps, are in working order. You should also ensure communication equipment works and is fully charged.

• Collaborate with your local power provider.

Call your local electric provider and request your utility be put on the critical facilities list for priority electrical power restoration.

If a hurricane is imminent, some additional actions your utility can take to prepare include: • Fill storage tanks to full capacity to maximize storage and fill empty chemical storage tanks with water to prevent floating if heavy precipitation is anticipated.

• Secure equipment; move electronics, equipment and important data to a water-tight facility or out of flood-prone areas if possible. Determine areas outside of the floodplain where vehicles and equipment can be moved.

TRWA's first responders work with the City of DeRidder, LA to respond to a broken service line caused by Hurricane Laura in August of this year.

TRWA first responders work late into the night hooking up a generator after systems lost power as a result of Hurricane Laura.

• Wastewater utilities should empty holding tanks, ponds and/or lagoons to prepare for an increase in flow and to minimize the chance of a release.

This is not a comprehensive list of actions utilities are recommended to take in preparation for hurricane impact. There are additional tools and resources online to help you prepare. For example, EPA has Incident Action Checklists for Water Utilities for several potential emergency threats, including hurricanes. These can be found at www.epa.gov/ waterutilityresponse/incident-action-checklistswater-utilities.

After a hurricane makes landfall and you are able, assess your situation. If you find that you are in need of assistance, call TRWA at 512472-8591 during office hours, or call our 24-hour hotline at 1-866-586-6480. You can also email us at emergency.assistance@trwa.org. You can also contact TXWARN at 1-866-989-9276 or email info@ txwarn.org.

TRWA staff and other volunteers can help your system conduct damage assessments, prioritize repairs, and perform mitigating tasks such as turning off water meters at damaged/destroyed homes. If you do not need assistance but are in the position to help others with manpower or resources, call TRWA and let us know that you are available.

Quench — 2020 Issue 4 21

Emergency Preparedness and Response

Risk Resiliency and Your System

By Larry Bell, Technical Assistance Director, Texas Rural Water Association

S

ustainability has been a hot topic for the past few years, with systems being bombarded with questions about how they are going to make their utility sustainable should a natural disaster, emergency event or, yes, even a pandemic happen in their area. Along with the conversation about sustainability comes the topic of building resilience. Resiliency is not the same thing as sustainability, but the two concepts are interrelated.

So, what is resiliency? A common definition is “the ability to recover quickly from disruptive change or misfortune without being overwhelmed or acting in dysfunctional or harmful ways.” Resiliency is the ability to maintain or restore reliability when faced with an emergency event, which in the case of water utilities is to provide safe, uninterrupted water service to their communities.

An emergency event will put systems and individuals in varying degrees of stress, based on the kind and amount of preparation measures that were put into place before the incident or change.

The more preparations made ahead of time, the shorter the recovery time.

A resilient system is one that is designed to handle both common and uncommon incidents, so less recovery time is needed. System staff need to be prepared to address all types of changes and disasters, including the ability of a virus to limit staff’s ability to function normally. In that climate, duties that may normally take 30 minutes to an hour may be stretched to two hours or more with new safety protocols being imposed during these strange times we are facing now.

Let’s take a look at some common incidents that should be investigated and addressed within your system. When was the last time the electrical power went out at the well site, treatment plant or booster station? If this type incident occurs often, the system’s board and manager should take measures to purchase and install some type of auxiliary power generation that would either switch on automatically or be manually started before water pressures dropped to a critical level.

22

Quench — 2020 - Issue 4

In the event of a flooding incident, what resiliency measures should the system consider if your water production or wastewater treatment site/lift station is prone to flooding? One consideration would be to install an earthen berm to surround the facilities at that location to an elevation two to four feet higher than the highest known flood levels.

A preparation of this sort should be designed and completed months prior to any flooding incident.

Some systems choose to elevate their plant assets as shown above. A downside to this is that it may increase the costs of repairs and maintenance due to the operators and repair crews having to work 10 to 20 feet above the ground.

The picture below may be a bit more operator friendly because of the hoist mounted on the platform, but that hoist may not be enough to lift a generator, pressure tank or some of the other equipment.

One system I have worked with has a standard

operating procedure of going out just before the water fills the electrical control panel or gets into the well motors and turning off the main power switch.

This action will keep the motor from short-circuiting, but the system is still without the ability to continue to maintain water production over an extended time. For this system to be resilient, it would need to design and acquire alternate water production capability to be better prepared during the time of a flooding event at their primary water source locations.

the surface of what it means to build resiliency for your system. The strategies to meet risks are specific and unique for each utility. With the proper practices and procedures in place that build resilience, your utility will be able to better withstand the rising threats of the 21st Century.

If you have questions about this article or would like help planning for resiliency, contact your TRWA Circuit Rider. If you are unsure of who that is, call us at 512-472-8591.

Another system’s plan was to have their water plant electrical controls rewired so they could be unplugged and shipped out to a higher location. This reduced their recovery costs by not having to pay for new controls. This was less expensive than to build a dam around their site.

During Hurricane Harvey, I found that many systems had adequately prepared for flooding at their plant sites but were not able to get to their sites due to their access roadways being swamped by 1 to 12 feet of water. Alternative access points are an important component to consider in your resiliency plan.

Another area to analyze to ensure resiliency is your system’s staffing protocols during any type of incident, especially during a pandemic. An example of measures that may be taken is cross-training staff from two or three neighboring systems in advance of an event. In this group of systems, temporary operator assistance would be available in the event that one system’s operators become sick or have some other type of emergency that prevents them from reporting to work.

There are many other measures systems have implemented to remain resilient during this pandemic. Systems have also staggered their workforce, done remote work and closed their offices to the public to limit their staff's exposure to the virus. The main thing is that since this has become our reality, every system’s Emergency Response Plan should be amended to include the employee protection plan that has worked for your system, or ask your neighboring systems what has worked for them.

It is more important than ever to anticipate and plan for disruptive events that could impact your utility’s operations. This article just barely scratches Quench — 2020 Issue 4 23

In Memoriam: Refugio P. Rodriguez, Jr.

I

t is with a heavy heart that we announce that our dear friend and colleague, Refugio P. Rodriguez, Jr., passed away on September 10, 2020, after a five-year battle with cancer.

He was 66 years old. He was part of the rural water family for 40 years, spending nearly 12 of those years with TRWA as a Financial, Managerial and Technical Assistance Specialist, and most recently, as a Circuit Rider.

Refugio was born on January 24, 1954, in Poteet, Texas to Tomasa and Refugio P. Rodriguez, Sr. He lived in Corpus Christi since 2004, and formerly lived in Robstown, Laredo and Arlington, where his work took him. He had a passion for his work and sharing his knowledge to help utilities. He had a B.A. in Liberal Arts from Texas A&M Corpus Christi and held advanced licenses in surface water and wastewater.

Refugio (left) representing his work on the TCEQ FMT contract at the TCEQ Public Drinking Water Conference in 2019.

Refugio was a faithful member of St. Peter Prince – The Apostle Church in Calallen where he was Third Degree Knight of Columbus. He was a loving husband, father, grandfather, brother and friend who will be missed by all who knew him. His everpresent smile and positive attitude were infectious, and all that knew him recognized him as kind, thoughtful and giving.

He was preceded in death by his parents, and is survived by his beloved wife, Gracie M. Rodriguez; daughters Stella Rodriguez Arciniega and Sara Martinez-Williams; granddaughter Sophia Grace Arciniega; brother Reynaldo Rodriguez; and sisters Rosa R. Uribe, Rachel Rodriguez, Rebecca Silvas and Rita Davis.

Services were held on Saturday, September 12, 2020 at the Resthaven Funeral Home Chapel in Sinton, Texas.

Refugio, we will miss you always and think of you often.

Refugio (left) in Puerto Rico as part of the TRWA/NRWA emergency response effort after Hurricane Maria in 2017.

Refugio (middle row, second from left) with the TRWA Environmental Services Team in 2018.

24

Quench — 2020 - Issue 4

Refugio (far right) on an FMT assignment at Candelaria. "Refugio put in a lot of hours, days and nights on some tough projects for which we are all grateful," said Dorothy Young, TCEQ.

FINANCING SOLUTIONS FOR RURAL WATER SYSTEMS

Specially negotiated terms for TRWA members

Texas Rural Water Association has partnered with CoBank, a national cooperative bank that serves vital industries across rural America, to provide attractive financing solutions for TRWA members.

Find out about the specially negotiated terms on many loan products for water and wastewater utilities, including:

3 USDA GUARANTEED LOANS AND BONDS 3 USDA INTERIM CONSTRUCTION FINANCING 3 LINES OF CREDIT 3 USDA REFINANCING 3 TERM LOANS Visit TRWA’s website for complete information about the program:

www.trwa.org/cobank For further questions, please contact John DeLuca at 303-694-5958 or email texaswater@cobank.com

Quench — 2020 Issue 4 25

TRWA Awards Honor Individuals and Systems that Demonstrate Excellence

D

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

on’t miss the opportunity to nominate your system or one of your colleagues for our TRWA Awards of Excellence! Every year, rural water systems across Texas submit nominations for these prestigious awards honoring those who exemplify excellence, dedication and achievement.

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.

The Excellence in System Management 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. We want to hear about what makes these leaders so important to you!

The Excellence in Administration 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. Take this opportunity to appreciate the unsung heroes of your utility's office.

The Excellence in Operations 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. Don’t miss your chance to recognize your employee or coworker for working tirelessly to keep your system operations running smoothly.

In addition to our individual awards, we also give out two system-wide awards each year. The 26

Quench — 2020 - Issue 4

Small System Excellence Award is designed to honor a deserving system serving 1,500 or fewer connections, and the Large System Excellence Award is designed to recognize a system serving more than 1,500 connections.

Use this opportunity to showcase whatever it is that sets your system apart from the rest, and share your ideas with your industry peers who can learn from your successes. Are you employing innovative technologies or processes? Did you do something special to engage with your community? Did you make significant efforts to improve your system? Did you successfully launch a grassroots campaign or activity to foster political participation? Tell us about it! To nominate your system, fill out our Awards of Excellence nomination form and tell us in 1000 words or less why your system stands out and deserves this award.

Only TRWA member systems are eligible, but anyone can nominate your system for an Award of Excellence.

Get started on your nomination now and submit it online at www.trwa.org. Please remember that eligibility is limited to TRWA members and their employees and that former award winners are not eligible. All entries must be postmarked or delivered

by February 1, 2021 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 us at 512-472-8591 or editor@trwa.org.

(8 0 0) 6 6 6 - 95 51

w w w. a i a i n sag e n cy.co m

A DIVISION OF WINSTAR INSURANCE GROUP

42 1 e as t h i c ko ry s t. s u i t e 1 0 0 d e n to n , t e x as 762 0 1

( 8 0 0 ) 2 52 - 94 35 | www.wi nstari ns. com | i nfo@wi nstari ns. com

K N OW L E D G E

EXPERIENCE

S E RV I C E

We are the premier insurance program in Texas for water supply corporations and related entities. We insure over 460 water-related customers throughout the state.

Our insurance professionals have over 25 years of experience in the insurance industry. We pride ourselves in being involved through every step of the process and enjoy what we do.

We make it a priority to be there when you need us.

Success is measured when our clients place their trust in us to provide the best value, service and expertise in their industry.

AIA Insurance Agency, Inc. is a full-service, independent insurance agency located in the heart of North Texas. We specialize in customized insurance programs for water supply corporations and related entities throughout the state of Texas.

We are pleased to announce that we have recently merged with WinStar Insurance Group. This combination creates an organization now even better able to serve our customers across Texas.

Quench — 2020 Issue 4 27

TRWA Briefs TRWA Welcomes New Employee

J

oin us in welcoming TRWA's newest staff member, Emily Young!

Emily joined our team in June as our new Assistant Environmental Services Director. In this role, she supports the Environmental Services Director, Jason Knobloch, in the oversight of our state contracts providing on-site support to water and wastewater systems.

Emily was born and raised in San Antonio and ventured off to New York to attend college and spent 6 years on the East Coast. She worked for U.S. Fish and Wildlife on an island and spent a year in Americorps, working on various environmental projects for several Cape Cod Towns and the

Code Updates In-Service Cleaning If you are interested in having us as your partner, feel free to contact one of our department representatives below NEW TANKS — Rick DiZinno (270) 826-9000 ext. 2601 EXISTING TANKS — Jordan Pyles (270) 826-9000 ext. 4601

28

Quench — 2020 - Issue 4

National Park Service. In 2002, she headed back to Texas to attend University of Texas at Austin to get her Master of Science degree in Community and Regional Planning with a focus on Environmental Planning and water resources, spending a summer interning for Barton Springs Edwards Aquifer Conservation District.

Emily remained in Austin after she completed graduate school. She worked for Austin Water Utility in the Water Conservation Division and as a Legislative Assistant for about 7 years; for the Texas Commission on Environmental Quality (TCEQ) in the Water Supply Division as a Natural Resource Specialist and Special Assistant to the Director for 6 years; and for the Public Utility Commission for over a year as an Enforcement Analyst coordinating with TCEQ and the Office of the Attorney General in helping abandoned utilities obtain a temporary manager or receiver. When she's not at work, she enjoys hiking, biking, swimming, and watching sporting events and playing in a softball league.

Emily also enjoys hanging out with her friends and trying different local breweries and coffee shops in Austin and the surrounding areas.

Welcome to TRWA's New Utility Members

TRWA's 2020 Membership Drive officially ended on May 15, and we are excited to announce and welcome our new Utility Members: • City of Cumby • Pickton WSC • City of Wills Point • Pleasant Springs WSC • Flat WSC • Thompson Heights Water • Gill WSC • Walnut Cove WSC • Grand Harbor WSC • Westhaven WSC • Oakwood Water System • Westwood Shores MUD Welcome to the TRWA family! We would also like to thank our renewing members for their loyalty and continued dedication to this Association.

If you have any questions about your membership benefits, please do not hesitate to contact us at membership@trwa.org or 512-472-8591.

Classified Ads Texas Rural Water Association | FMT Assistance Specialist (Bilingual) The Texas Rural Water Association is seeking an English/Spanish bilingual Assistance Specialist to assess and evaluate water and wastewater systems, and provide Financial, Managerial, and Technical (FMT) assistance to promote the development and growth and/or sustainability of targeted utilities. This position requires the ability to travel up to 90% of the time and maintain a valid Texas driver's license and acceptable driving record.

Essential Functions: • Ensure completion and compliance of the goals, objectives and deliverables required under state contracts, currently FMT Assistance Contracts • Provide direct on-site FMT assistance to water and wastewater systems, as assigned • Contact public water/wastewater systems to schedule FMT assistance visits, typically within a defined geographic area, as assigned • Perform FMT assessments or consolidations of public water/wastewater systems as assigned • Contact potential applicants of Drinking Water State Revolving Funds (DWSRF) or applicants of other TWDB funds to schedule assessments, as assigned by Environmental Services Director • Assist the Environmental Services Director in attaining the goals of the Association and perform other duties as assigned Minimum qualifications for this position include: • State of Texas Class B or higher certification in surface water or groundwater • Three (3) or more years of water and/or wastewater utility experience, including providing technical assistance and training services to water and wastewater utilities • Knowledgeable in state and federal regulations that apply to public water and/or wastewater systems • Knowledgeable in the forms and applications of TCEQ that apply to all retail public utilities • Familiarity with Safe Drinking Water Act requirements and TCEQ rules concerning water quality and water utilities • Experience in word processing, excel spreadsheet, and database applications • Excellent written and verbal communication skills • Maintain thorough knowledge of all state and federal regulations as they apply to water and wastewater utilities • Ability to learn technical material • Ability to exercise independent judgement in advising utilities regarding their business operations • Maintain valid Texas drivers’ license • Must be bilingual in Spanish This description covers essential functions and is not a comprehensive list of job duties. For the full job description, visit our posting on our website at www.trwa.org/TRWAJobs.

To apply, email a cover letter, resume and salary requirements to jason.knobloch@trwa.org.

Quench — 2020 Issue 4 29

Classified Ads SAMCO | Leak Detection and/or GPS Technician SAMCO is seeking a Leak Detection and/or GPS Technician based out of Austin. Under supervision of the Project Manager, this position will perform acoustic leak detection on various water distribution systems, water conservation consulting and GPS data collection services. These services will help improve utilities infrastructure by enhancing operational efficiency, reliability during water system assessments, and most importantly conserve water for the public.

Education: HS diploma or equivalent Experience, Knowledge, Skills and Abilities : • Leak detection and water distribution field knowledge : 1 year experience • Knowledge of GPS applications and data collection • Must be proficient with computer skills and applications • Must live in the Austin area to commute daily to SAMCO office building.

• Able to travel and stay overnight while working on out of town projects Employee Benefits: • 50% company contribution for employee only medical • 10% company contribution of employee gross income to SEP IRA after 2 years of full time employment • Paid vacation, sick days, and holidays • Employee Incentive Programs Employment Requirements: • Candidates must successfully pass a pre-employment background check • Possess valid Texas driver’s license and maintain insurability • Please go to website samco-leakservice.com under “Contact” tab and email application with resume to owner Sam Godfrey 512.751.5325 if you have any questions.

• Salary is pending based on experience & qualifications.

South Texas Water Authority | Operations and Maintenance Supervisor The South Texas Water Authority is accepting applications for the position of Operations and Maintenance Supervisor.

Working under the direct supervision of the Executive Director, duties include, but are not limited to: • Operating and maintaining one (1) wholesale water system and two (2) retail distribution systems, • Supervising field personnel, • Serving as customer field representative and construction inspector, • Advising the Executive Director in development of schedules, • Providing written and oral logistics/reports (including budgetary) to the Executive Director, Board of Directors, and other staff as needed, • Serving as Safety Officer, • Producing and processing paperwork including time reports, work orders, service orders, inventory and local/ State/federal quality/monitoring reports, • Evaluating field personnel on an annual basis, • Ensuring maintenance of all equipment/vehicles, and • Ensuring field personnel's orientation, training and continuing education are properly provided.

Qualifications are: A high school diploma or its equivalent with five (5) years of supervisory experience in the water utility industry including sufficient working knowledge and/or construction experience relating to water distribution systems, pump station operations, SCADA systems, and Cathodic Protection systems. The applicant should be familiar with a wide variety of equipment including but not limited to pumps, motors, motor operated valves, chlorine and LAS systems, hydro-pneumatic tanks and any other equipment associated with the operation of pump station facilities and distribution systems. This position requires lifting 50 pounds, bending, stooping, shoveling, assembling pipes, climbing in and out of ditches, and working outdoors in the natural elements. Applicants will be scored by a Management Selection Committee and those with Cathodic Protection system experience may be considered as a stronger candidate.

Qualified applicant must have a valid "C" water license issued by the Texas Commission on Environmental Quality, a valid driver's license and must be insurable by the Authority's insurance carriers. Welding and heavy equipment experience a plus. Qualified applicants must be adept in both oral and written communication skills, willing to work extended hours, and flexible in his/her operational procedures as warranted by a changing work environment.

Salary commensurate with experience.

Applications will be accepted through 5:00 p.m. on Monday, November 2, 2020, at South Texas Water Authority, 2302 East Sage Road, Kingsville, Texas. For more information call 361-592-9323.

EQUAL OPPORTUNITY EMPLOYER 30

Quench — 2020 - Issue 4

Plan Ahead CONFERENCES:

October 20-23, 2020 Fall Management Conference - Virtual - more information is online at www.trwa.org/Fall2020 October 20-23, 2020 Districts Conference - Virtual - more information is online at www.trwa.org/Fall2020

OPERATOR TRAINING COURSES: Learn more about our upcoming classroom and online training options at www.trwa.org/training

PUBLIC FUNDS INVESTMENT ACT TRAINING: Initial: Virtual, October 14 Renewal: Virtual, October 14

TRWA DISTRICT MEETINGS: District 1: September 22, Virtual District 14: September 29, Virtual

Advertiser Index

AIA Insurance Agency......................................... Page 26 Childress Engineers......................................................14 Chlorinators Incorporated............................................13 CoBank...........................................................................21 Daniel & Brown, Inc.......................................................16 Global Treat....................................................................23 J.F. Fontaine & Associates.............................................6 KSA Engineers............................................................... 11 Maguire Iron................................................................... 11 Pittsburg Tank & Tower Maintenance Co., Inc............28 Russell Drilling Co., Inc................................................28 SAMCO...........................................................................17 Smith Pump Co., Inc......................................................28 USABlueBook................................................ Back Cover Quench — 2020 Issue 4 31

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

Portable pumps for wet work areas

ID EAL F OR STA N DI N G WA TE R PlantPRO™ Utili-Pump Meter Pit Pumps make it easy to keep work areas dry—great for meter pits, valve boxes, manholes, excavations and other soggy work areas. They pump 15 gpm and run for an hour per charge on a standard DeWalt® power tool battery (not included).

A USABlueBook Exclusive—Order Today! $169.95 18V Utili-Pump # 365018 $169.95 20V Utili-Pump # 365020

WE HAVE MORE! usabluebook.com/portable

800.548.1234 • usabluebook.com