Quality on Tap - March/April 2014 by Texas Rural Water Association

QUALITY ON TAP!

March/April 2014

Rural Water Goes to Cowtown for the TRWA 45th Annual Convention Also Inside: Meet the New Texas Rural Water Foundation AmeriCorps VISTA Team Salvage Your Scrap Fundraising Program Builds Opportunity for Rural Students, Operators and Veterans TRWA Goes to Washington, DC www.trwa.org

TRWA Today TRWA BOARD OF DIRECTORS Officers

TRWA STAFF Fred Aus Executive Director

Clay Hodges

President Greenville (Dist. 7)

Pat Allen

Vice President Marion (Dist. 9)

Brian Macmanus

Secretary Harlingen (Dist. 6)

Barry Miller

Treasurer Gonzales (Dist. 5)

Lara Zent Deputy Executive Director and General Counsel Pauline Word Legal Assistant

James Morrison

Immediate Past President Huntsville (Dist. 13)

District Directors John Frantz Scott Adams Chris Boyd Michael Taylor Charles Beseda Kent Watson

Hartley (Dist. 1) Ft. Davis (Dist. 2) Aubrey (Dist. 3) Brownwood (Dist. 4) Penelope (Dist. 8) Bryan (Dist. 10)

Kevin Spence

Franklin (Dist. 11)

Vickie Armstrong

Kaufman (Dist. 12)

Vacant

Technical Assistance Director Wastewater Trainer Wastewater Techncian Circuit Rider Circuit Rider Circuit Rider

Celia Eaves Environmental Services Director Deborah McMullan Source Water Protection Specialist Steven Mindt Technical Assistance and Training Specialist Refugio Rodriguez FMT Specialist Janice Gibbs, CPA Finance Director Pam Cantrell Administrative Assistant Angela Harris Administrative Assistant Allison Kaminsky Communications Director Michael Vollmar Professional Development and Training Director Melody Bennett Administrative Assistant Len Klandrud Instructor George Patterson Instructor Dian Phinny Instructor Vacant Member Services Director Lance Harrell Information Technology

District 14

Established in 1969, the Texas Rural Water Association (TRWA) is a statewide nonprofit trade association with an active membership consisting of more than 750 municipal utility districts, special utility districts, nonprofit water supply corporations, small-town water departments, investor-owned utilities and individual members. In addition, more than 200 water industry suppliers participate in TRWA activities as associate members. TRWA members provide water and wastewater service to 2.5 million customers throughout Texas. TRWA is dedicated to helping directors, managers and operators provide efficient service and clean, safe drinking water to their customers. Through onsite technical assistance, education and information exchange, TRWA helps its members better meet their needs as well as the needs of their customers. 2

Larry Bell Raymond Curtis Alex Eaves Paul King James Smith William White

Quality on Tap! - March/April 2014

CONTACT THE EDITOR Quality on Tap is a bimonthly publication of the Texas Rural Water Association. Your comments and opinions, as well as editorial and advertising inquiries, are welcomed and should be directed to the Editor, Allison Kaminsky, at (512) 4728591 or at editor@trwa.org. Find TRWA on Facebook â&#x20AC;&#x153;Likeâ&#x20AC;? our Page and join the conversation at: www.facebook.com/TexasRuralWaterAssn

Follow TRWA on Twitter! Find us at @TexasRuralWater for all water industry news and @TRWALegislative for legislative updates relevant to you!

Quality On Tap! 6

Features:

6 In Every Issue:

By Allison Kaminsky, Texas Rural Water Association Over 330 attendees and 230 exhibitors traveled to Fort Worth for this year’s Annual Convention.

President’s Message

Letter from the Executive Director

Keep it Legal

Answers to your legal questions

Ask Larry

Rural Water Goes to Cowtown for the TRWA 45th Annual Convention

Answers to your technical questions

Advertiser Index

Plan Ahead

Meet the New Texas Rural Water Foundation AmeriCorps VISTA Team By Daniel Sparkman, Texas Rural Water Foundation TRWF has entered its second year in a three year grant with AmeriCorps VISTA. Meet the new team!

16 TRWA Board Member Profile: President Clay Hodges Your Scrap Fundraising Program Builds 18 Salvage Opportunity for Rural Students, Operators and Meet TRWA’s new Board President, Clay Hodges!

Veterans By Marushka Grogan, Texas Rural Water Foundation TRWF invites your utility to participate in our Salvage Your Scrap campaign by recycling your scrap metal and making a contribution to TRWF with the proceeds.

TRWA’s Calendar of Events

New Phase II MS4 Permit Issued by TCEQ

TRWA Briefs

By Texas Commission on Environmental Quality staff The new TPDES general permit fr Phase II municipal separate storm sewer systems was issued by TCEQ with an effective date of December 13, 2013. TRWA Goes to Washington; TWDB Swears in New Board Member; TRWA Participates in TWDB Work Sessions; Texas Water Foundation Instates New Members; PUC Requests Water/Wastewater Utilities to Register Quality on Tap! - March/April 2014

President’s Message Looking Forward to the Year Ahead I would like to start off my term as President by thanking all the people who have helped me throughout the years. First, I have to thank our Lord for all the blessings He has bestowed upon my family and me. Next, I would like to thank my Board of Directors at Cash SUD for giving me the opportunities to participate in all TRWA activities and to serve on the TRWA Board. Last but not least, I want to thank all of my TRWA friends and members. You are the reason TRWA is a success. I take great pride and honor in serving as your President and promise to do my best in leading TRWA.

“I can’t stress enough how important our PAC is in helping elect men and women whose support we need on issues affecting rural water.”

I would like to remind everyone that you should have received your Texas Rural Water PAC letters by now. Please take time to read the letter, sign it and return it with your personal check to the PAC. I can’t stress enough how important our PAC is in helping elect men and women whose support we need on issues affecting rural water. It was great to see so many old friends and new faces at the convention. I thought the topics in the sessions were timely, and I hope you enjoyed the discussions and information presented. I hope all the delegates in attendance and those absent found the new voting procedures easy to understand. And remember to fill out the online surveys about the convention. The surveys help the TRWA Board and staff prepare topics and locations for future conventions and conferences. As we move forward, I ask for your continued support and prayers. And remember to “KEEP KEEP TEXAS RURAL.”

Clay Hodges President Texas Rural Water Association

Quality on Tap! - March/April 2014

Letter from the Executive Director Does Fort Worth Ever Cross Your Mind? It sure does cross mine – not only because of the George Strait song, but also in thanks to everyone who helped make TRWA’s 45th Annual Convention in Fort Worth such a fun and beneficial week. Thank you to all the TRWA members who traveled from every corner of our great state to be in Fort Worth and learn and share knowledge with each other. Thank you to all the exhibitors who do such a good job supporting our industry. And a special thank you to NRWA Board President Doug Anderton and USDA Rural Utilities Service Administrator John Padalino for their inspiring words about the importance of rural water to America. Thank you to all who attended your District caucus meetings and voted on the new TRWA Bylaws and voted in Board member elections. The Bylaws were overwhelmingly approved, and they are available on TRWA’s website, www.trwa.org. Thank you to all who participated in the Texas Rural Water PAC silent auction and live auction. We will need to grow the PAC to have an even more effective voice in Austin and Washington, DC. Thank you to TRWA Board members for all their hard work at committee and board meetings throughout the week. And I especially want to say a big THANK YOU to James Morrison for his stalwart leadership of the TRWA Board during the past three years. He has helped steer the organization through many changes, with the best interests of the entire association at heart. Congratulations to the new TRWA Board President, Clay Hodges. And I ask you to join me in helping him succeed in his new role for TRWA. Most of all, thank you for all your time and input on so many issues of importance to TRWA, not just at Annual Convention but throughout the year. As we discussed throughout the convention, the Power of Association comes from us working together and telling our story about the great things we do for rural water in Texas. I look forward to seeing many of you at the Office Professionals Conference in San Antonio on June 12-13, 2014, and at the Annual Technical Conference in Galveston on July 16-17, 2014. Make your plans now to attend both of these great events!

“The Power of Association comes from us working together and telling our story about the great things we do for rural water in Texas.”

Fred Aus Executive Director Texas Rural Water Association Quality on Tap! - March/April 2014

Rural Water Goes to Cowtown for the TRWA 45th Annual Convention By Allison Kaminsky, Texas Rural Water Association his year marked the 45th Annual Convention for TRWA, and over 330 attendees and 230 exhibitors traveled to Fort Worth for the occasion. In addition to providing 15 breakout sessions led by industry professionals, this convention had much more to offer, including TRWA District elections, special guests from NRWA and USDA Rural Utility Services (RUS), an actionpacked exhibit hall of over 100 booths, live and silent auctions, the premiere of TRWA’s original video production “Pioneers of Texas Rural Water,” and more!

Those who arrived early to the convention were able to take advantage of preconvention events, such as Public Funds Information Act courses for those who needed initial training or renewal hours. On Wednesday, March 12, both regular and associate members were able to compete alongside TRWA Board members in the annual TRWA/AIA Insurance Agency-sponsored golf tournament. Proceeds from this four person scramble competition benefitted the Texas Rural Water Political Action Committee (PAC). Wednesday evening, attendees convened in the exhibit hall for the convention Welcome Reception to enjoy complimentary snacks and refreshments. This meet-and-greet event, sponsored by CoBank, was a great excuse to mingle with peers, renew friendships,

Over 50 people registered to compete in the Annual Golf Tournament benefiting the Texas Rural Water PAC. 6

Quality on Tap! - March/April 2014

Attendees used the Wednesday night Welcome Reception as an excuse to unwind and mingle with peers and exhibitors.

visit suppliers and get a sneak preview of the items to be up for both silent and live auctions throughout the week. Though the opening general session did not kick off until 8:30 a.m. the next morning, attendees were buzzing in the exhibit hall as early as 7:00 a.m. for booth viewing, cash prizes awarded at the PAC silent auction booth and breakfast. Outgoing TRWA President James Morrison began the general session with the Pledge of Allegiance delivered via video by his stepson, who is currently stationed in South Korea, followed by the National Anthem. Those who attended the general session were in for a real treat, with special presentations from Morrison, NRWA President Doug Anderton and USDA RUS Administrator John Padalino, both of whom addressed the critical role rural water plays in keeping our nation and economy strong. Since this was Anderton’s second visit to a TRWA Convention as acting NRWA president, TRWA presented him with a cowboy hat to go along with the customary cowboy boots gifted to him at the 2013 Convention. The TRWA Awards of Excellence and Texas Rural Water Foundation (TRWF) Scholarship ceremony followed, presented by TRWA Board Member John Frantz. Commemorative plaques and checks were presented to Phil Taylor, Stephens Regional SUD, for Manager of the Year; Mike Garrison, Marilee SUD, for Operator of the Year; and Angie Crowsey, East Cedar Creek FWSD, for Secretary/Office Manager of

Left to right: NRWA CEO Sam Wade, Fred Aus, Clay Hodges, James Morrison, John Padalino and Doug Anderton.

Dr. Michael Johnson entertained at the Annual Banquet and signed books between sessions on Thursday and Friday.

the Year. TRWF Student Scholarship recipients were Christina Bagley of Cayuga, Emilee Davis of Mineola and Kathryn Oâ&#x20AC;&#x2122;Bryan of McQueeny. TRWF Operator Scholarship recipients were Joshua Patton of Woden WSC, Steve Caddell of the City of Spearman, Ray Salazar of the City of Galena Park, and Kennith Nunn of Two Way SUD. Profiles of the award winners and scholarship recipients will be published in the May/ June issue of this magazine.

such as fireflows, CCNs, CCRs and system resiliency and community partnership. Sessions dismissed at 5:00 p.m., giving everyone time to relax and freshen up before the nightâ&#x20AC;&#x2122;s events.

Immediately following the opening general session was the Annual Business Meeting, where the President, Executive Director and annual financial reports were given. An overview of the Board proposed TRWA Bylaws changes was also given for those who would be attending District caucuses the following day. The announcement and introduction of all candidates for the TRWA Board of Directors election was the final item on the agenda, before the meeting adjourned and attendees were able to have some free time before afternoon sessions began. Two rounds of concurrent breakout sessions kept attendees busy Former Board Member Wanda Gaby for the rest of the accepted an honor for her years of afternoon on topics service to TRWA.

After a long day of educational sessions, attendees were invited to a social hour and a live auction benefitting the Texas Rural Water PAC. Among items auctioned off were three vacation packages, a pro binocular set, a Texas glass set, and several pieces of framed artwork. The auctions raised nearly $6,000 for the PAC. Immediately following the social hour was the Annual Banquet where guests mingled amongst themselves and enjoyed a plated dinner. Morrison took the opportunity to recognize a past Board member for her eight years of service to TRWA. Wanda Gaby was present to accept her plaque and give a few nice words about the association and its membership. The entertainment for the evening was Dr. Michael Johnson, author, columnist and long-time friend of rural water, who closed out the event with entertaining anecdotes and lessons from his past. Delegates convened for District caucuses at 8:30 a.m. Friday morning to discuss District matters, host elections and consider proposed Bylaws changes recommended by the TRWA Board. The Bylaws changes were passed by an overwhelming majority and the revised version can be read on the TRWA website at www.trwa.org. District elections resulted as follows: District 2 reelected Scott Adams as Director and Janet Adams as Alternate Director; District 3 reelected Chris Boyd as Director and elected Dennis Donoho as Alternate Director; Continued on page 8 Quality on Tap! - March/April 2014

Continued from page 7

District 8 reelected Charles Beseda as Director; and District 12 elected Vickie Armstrong as Director and reelected Shirley Blakely as Alternate Director. The Board also appointed new Officers at this convention. As of March 14, 2014, the new Board Officers are as follows: Clay Hodges as TRWA President; Pat Allen as Vice-President; Brian Macmanus as Secretary; Barry Miller as Treasurer; and James Morrison as Immediate Past-President. For a profile of the new TRWA Board President, please see page 16 of this magazine. After the caucuses convened, educational sessions rounded out the morning with topics centering on distribution systems, water loss and the rural economy. Following the morning sessions was the new Chuck Wagon Round-Up Lunch, featuring a western-themed buffet lineup. During the lunch, District election results and the new Board Officers were announced. Attendees were also among the first to see the new TRWA-produced video feature â&#x20AC;&#x153;Pioneers of Texas Rural Water.â&#x20AC;? This video marks the beginning of an ongoing project to tell the stories of those who have laid the groundwork that has made it possible for the Texas rural water industry to be where it is today. This first installment featured interviews with Bob Elder, former TRWA President and former Board Member of Johnson County SUD and Parker County SUD; Frances Delk, TRWA Alternate Director for District 11 and General Manager of Jones WSC; and Janie Duderstadt, former TRWA Member Services Director. If you are interested in being featured in a future TRWA video, or would like to suggest a potential Pioneer to appear

Several pieces of framed art were auctioned off to support the PAC. 8

Quality on Tap! - March/April 2014

Jo Ball was just one of many cash prize winners at the PAC silent auction booth drawings.

in a video, please contact TRWA Communications Director Allison Kaminsky at (512) 472-8591 or Allison.Kaminsky@trwa.org. After lunch, two additional sessions of concurrent sessions rounded out the day. Sessions included topics such as the Revised Total Coliform Rule, tariff and district service policy, forest ecosystems, and desalination and reuse. Many courses throughout the convention were approved for TCEQ continuing education hours to benefit attendees in both water and wastewater fields. Thank you to all Convention attendees and exhibitors who made the trek out to Fort Worth to join us for this fun and informative event. We hope to see you this summer in San Antonio for our Office Professionals Conference in June and/ or in Galveston for our Technical Conference in July. Registration and additional information will be available online soon at www.trwa.org.

The Exhibit Hall sold out this year with 104 booths featuring some of the latest product and service advancements in the industry.

Quality on Tap! - March/April 2014

Meet the New Texas Rural Water Foundation AmeriCorps VISTA Team By Daniel Sparkman, Texas Rural Water Foundation

he Texas Rural Water Foundation (TRWF or Foundation) has entered its second year in a three year grant with AmeriCorps VISTA. Through this grant, TRWF receives the full time assistance of six AmeriCorps VISTAs and one VISTA Leader. These volunteers sign on to work full time with the Foundation for one year, developing and managing the programs of the Foundation; and building the capacity of the organization. The VISTAs works in pairs on one of three program teams, under the guidance and supervision of Texas Rural Water Association/ Foundation staff. The two VISTAs who work as the Foundation TRWF VISTAs from left to right: Daniel Sparkman, Marushka Grogan, Development Team create new programs Lily Roblin, Caroline Hackett, Taylor Sutherland, Cathleen MacKinnon and work to develop funding sources for the and Anjelica Sepulveda. Foundation in addition to creating the branding, marketing and internal protocols of the organization. year within the last four months. Daniel Sparkman, They are currently working on the Salvage Your the VISTA Leader, and Marushka Grogan started in Scrap campaign, a water conservation education November 2013. The other five VISTAs, Caroline program and the Foundation’s strategic and fund Hackett, Anjelica Sepulveda, Lily Roblin, Cathleen development plans. MacKinnon and Taylor Sutherland, started in February 2014. We would like to take this opportunity The Veteran Employment Program (VEP) VISTAs to introduce each of these talented individuals and to coordinate the VEP, which works to pair veterans recognize them for their service to the Foundation. with rural water and wastewater utility systems for a year of on the job training and a goal of permanent Taylor Sutherland, the Online Course employment. They also market the program and seek Development Specialist, is from Spring, TX. She out grants and other funding opportunities. received a Bachelor of Science in Biology from the University of Texas at Austin and a Masters degree The third VISTA team updates and creates new in Public Health from the University of Texas School course material for TRWA’s training department. of Public Health in Houston. Taylor’s professional The Online Course Development Specialist updates experience includes coordinating environmental and creates new online courses, and the Classroom safety courses with the Southwest Center for Course Development Specialist writes new course Occupational and Environmental Health (SWCOEH) manuals for TRWA’s classroom course offerings. and completing an internship with the Toxicology These course materials help build capacity among Department at Texas Commission on Environmental staff at rural systems across Texas. Quality. Taylor also has supported the South Texas community group Neighbor to Neighbor as a The Foundation’s VISTA Leader supports all three volunteer researcher and web developer. Taylor’s programs and works with staff on his own projects, first project is revamping TRWA’s Basic Water Utility including creating and updating the Foundation’s new Course by updating the material and including website, which launched in January 2014. interactive aspects such as games, quizzes and The new group of VISTAs all began their service screen recordings. She plans to incorporate learning 10

Quality on Tap! - March/April 2014

techniques specific to online delivery platforms in order to maximize student engagement and retention. Cathleen MacKinnon is the Classroom Course Development Specialist. She is writing a new groundwater course manual. She is from Houston and has a Bachelor of Science in Resource and Environmental Studies from Texas State University. She previously worked as a Summer Fun Program Activity Leader for the City of San Marcos, and spent time in Peru working with organic farming. She was an active member of the Environmental Conservation Organization at Texas State. Cathleen is excited about the experience of developing classroom course material and having her work published through TRWA. The Foundation’s two new Veteran Employment Program Specialists are Lily Roblin and Anjelica Sepulveda. They are working hard to match rural water and wastewater systems that have job openings with veterans seeking new careers. Lily is from Lehigh Valley, Pa., and has a Bachelor of Arts in Environmental Policy and Economics from Moravian College in Bethlehem, Pa. She worked at the national offices of Greenpeace USA and Greenpeace Canada, assisted in Greenpeace campaigns in Tokyo and Vermont, and worked as the Communication Coordinator for a nonprofit called Laughing At My Nightmare Inc. which raises money for muscular dystrophy research. While working with Laughing At My Nightmare Inc., Lily was one of the editors for the book Laughing At My Nightmare, which is now available for preorder. She also has conducted a study of the economic impact of coliform contamination in a drinking water source. Lily hopes to continue working in environmental advocacy, and is considering continuing her education in economics and public policy in graduate school. Anjelica’s hometown is Chicago, Ill. She holds a

Bachelor of Arts in Photojournalism from Columbia College, and taught English for a year in South Korea. She also worked for a summer in Denali National Park in Alaska and volunteered at a community garden in Hawaii. Anjelica is passionate about helping others and has a special interest in working with veterans. One of her brothers currently serves in the Army National Guard and her other brother is on active duty in the U.S. Air Force. After her VISTA year, Anjelica wants to continue traveling and find a position with a nonprofit organization that assists refugees. The new Foundation Development Team is Marushka Grogan and Caroline Hackett. The Foundation Development Specialists develop new programs and funding sources to enable TRWF to assist rural utilities in improving services to their communities. Marushka is from Indianapolis, Ind. Marushka graduated in 2013 from Hampshire College in Amherst, Mass. after completing her senior thesis, Negotiating Water: The Use of Negotiated Water Rights Settlements in United States Water Conflict. She received a Bachelor of Arts with a concentration in United States Water Policy and Water Resources, and then accepted a six month internship with the Indiana Environmental Institute, an environmental mediation organization. Her favorite projects at the Indiana Environmental Institute included analyzing Indiana state water use regulations, drafting policy discussion guidelines for the Indiana Water Resources Study Committee and providing support for stakeholder meetings between water utilities, industrial water users and state and federal agencies. Her “ideal future” includes graduate school in some combination of law, peace studies and water resource management and working to find multistakeholder solutions to water resource conflicts in the United States and abroad. Caroline grew up in Washington, DC. Caroline graduated from the University of Virginia, where she majored in Civil and Environmental Engineering with a minor in Environmental Science. Throughout college, she worked on a small water and health community project in Limpopo Province, South Africa. Through this community project, Caroline conducted a water and health household survey; analyzed household water samples; started a ceramic water filter factory in partnership with a women’s pottery cooperative and a local university; started a USbased non-profit organization to support the water Continued on page 12 Quality on Tap! - March/April 2014

Continued from page 11

filter factory; and researched and conducted a marketing survey for the water filter business in South Africa. She also spent a summer working as an engineering volunteer on Pacific Partnership 2013, the annual US Navy humanitarian mission to the South Pacific. Caroline hopes her VISTA year will give her insight into the unique water issues and water policy concerns in Texas and allow her to gain a better understanding of what area of the water resources field she would like to focus on in graduate school.

high school juniors and seniors in Montgomery, Ala. Daniel is excited to learn more about the issues facing rural water and wastewater utilities and getting to know the people of the rural water community. We would like to thank our seven AmeriCorps VISTAs for their service to the Foundation and to the rural water community in Texas. We are excited about how these VISTAs will help TRWF to grow and prosper over the next year. If you have any questions about how you can take part in the Foundationâ&#x20AC;&#x2122;s programs, please visit our website at www.texasrwf.org, or e-mail the Foundation at foundation@texasrwf.org.

TRWFâ&#x20AC;&#x2122;s VISTA Leader Daniel Sparkman provides support and guidance to the VISTAs throughout their year of service to ensure the experience is as productive as possible for both the VISTAs and TRWF. Daniel also provides overall project management support and implements his own projects to further the goals of the Foundation. Daniel grew up in several different cities throughout Alabama. He graduated from Auburn University in December 2011 with a Bachelor of Arts in History. In his first VISTA year, he served with Bridge Builders Alabama, a leadership development, diversity education and community service organization for

Resourceful

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Quality on Tap! - March/April 2014

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Keep It Legal

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

received the following two questions during the January Water Board Directors’ Governance Conference regarding Open Meetings Act issues, which I thought would be helpful to include in this month’s column. Q: Are we required to post meeting notices on our website? I thought the law had changed recently to require this. A: No, the Open Meetings Act currently does not require districts or water supply corporations to post meeting notices on their websites, but we recommend this practice as a means to provide additional notice if the system has a website. Texas Government Code Section 551.056 currently only requires certain entities, including cities, counties and school districts, to post notices of all meetings on their websites if they maintain one. Q: Do we need to record votes taken on items discussed in closed/executive session on the certified agenda? A: Yes. Section 551.103(c)(2) of the Texas Government Code requires the certified agenda to include “a record of any further action taken.” The Attorney General advises that a final vote taken in open session for an item discussed in a closed/ executive session should be recorded on the certified agenda. The AG cautions though that the certified agenda must clearly state that the vote was taken in open session and not in closed session. Government Code Section 551.021(b) also requires that all votes, including votes regarding a

Quality on Tap! - March/April 2014

deliberation in an executive session, be recorded in the regular open meeting minutes. The board secretary should therefore record the actions taken regarding items discussed in an executive session in both the open meeting minutes and in the executive session certified agenda. Q: I have a member customer who says that because he is a police officer, the corporation does not have the right to give out his address when another member is asking for the membership list prior to the annual meeting. We already have a customer confidentiality form on file for him. A: Section 552.117(a)(2) of the Government Code (Texas Public Information Act), provides that information regarding a peace officer’s home address, home telephone number, emergency contact information, or Social Security number, is excepted from the disclosure requirements of the Act. “Peace officer” is defined by Article 2.12 of the Code of Criminal Procedure and includes 36 job classifications, including a police officer. This information is automatically exempted regardless of whether the officer has requested that the information be kept confidential. The customer confidentiality form that you have on file for this customer is pursuant to another provision in the law that protects customer information, Section 182.052 of the Utilities Code. This section also protects most of the above information as well as the customer’s usage information, which is not protected by Section 552.117(a)(2) of the Act. As you know, Business Organizations Code Section 22.158 requires a water supply corporation to prepare a list of its voting members after setting a record date for the notice of the meeting, and requires the WSC to make this list available at the corporation’s main office for inspection by members entitled to vote at the meeting for purposes of communication with other members concerning the meeting. This list must include the name and address of each voting member and must be available at the meeting. We have advised in the past, that during the time period leading up to and including an election, the corporation must provide

this list to members (not to the public at large) regardless of whether any of these members filled out a confidentiality form under Section 182.052 of the Utilities Code. I’m not aware of any attorney general or judicial opinions interpreting whether a police officer’s address may be included on this member list; however, if a member provides identification that they are a “peace officer” as a basis for removing their address from the member list, I advise that you remove their address from the list as a precautionary measure. Q: We have asked our engineer to recommend new requirements and standard meter sizes and charges for recreation vehicle (RV) park owners based on usage. He determined that each RV unit is only using 0.5 of what the average residence in our service area uses. He recommends that a 5/8” meter be allowed to serve up to two RV units. We understand a new law passed in 2013 regarding RV parks. Does this law include a certain standard for meter sizes? A: No. Two bills passed this session that amended the law on how districts are required to bill RV parks, HB 2152 and SB 1268. They both require that districts bill RV parks by the size meter the system determines is needed for the service connection; just as the district would bill any other type of business. Neither bill sets a standard for the size of the meter per number of RVs, nor requires the Texas Commission on Environmental Quality (TCEQ) to set a standard. Therefore, your approach of asking your engineer to make this determination is sound, unless and until we hear otherwise from the TCEQ or the Public Utility Commission (PUC). As a reminder, the regulatory authority over rates and service areas for all retail public utilities will transfer from the TCEQ to the PUC starting on September 1, 2014. Q: Our personnel policies appear to come directly from the Texas Rural Water Association Sample Personnel Policies dated 2007, so I’m hoping that you may provide some guidance. The question has been raised whether a regular part time employee is entitled to vacation leave. Our personnel policy states, “All regular employees of the Corporation are entitled to vacation leave.”

unless the person is a contractor or contract laborer. I agree that the policy is not clear on this issue; and therefore, it’s up to your system to determine how you will handle the issue or negotiate benefits with a particular employee. As a general policy statement, the TRWA personnel policy provides that a part-time employee is not eligible for the same benefits received by a full-time employee, unless otherwise required by law. The law does not require employers to provide paid leave time, but most do. I will give you an example of how we handled this issue at TRWA. We had a part-time employee who worked 20 hours per week. We provided her with the benefit of paid vacation and sick leave, but she only received half the amount of leave time in these categories that a full time employee would have received. She did not receive health insurance and other benefits though until she became a full time employee. Also, TRWA revised the sample personnel policy in 2010 and a new version is available for purchase on the online TRWA Store or by calling us at 512472-8591. If you have a legal question you would like answered, please e-mail legal@trwa.org.

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Quality on Tap! - March/April 2014

TRWA Board Member Profile: President Clay Hodges

was born and lived in Austin until 1972. Growing up in Austin during the ‘60s was interesting to say the least. We lived on 29th Street and Speedway, just north of the UT campus. I saw my first hippie and streaker in 1968, watched the longhorns win two national championships in 1969 and 1970 and heard the gun shots of James Whitman off the UT tower. In 1972, my family moved to Niederwald, Texas and became members of the Goforth Water Supply Corporation. My dad served on the Board of Directors for a few terms after we moved and started serving again a few years ago. So, it seems my family has been associated with rural water for over 40 years. I started college right after high school, but the lure of the oil boom was too tempting. So I dropped out of college and went to work, welding for Clajon Gas in Giddings, Texas. Every boom is followed by a bust, so I quit my construction job, went back to school and graduated from Texas State with a Bachelor of Science in Urban and Regional Planning

and a minor in Biology before starting work at Goforth WSC. Working at Goforth was great because I was closer to home and able to spend more time with my family. The Goforth office was just a mile from my home. When I started, I knew nothing about the rural water business, but I remember the day when former TRWA Program Director Larry Brown came to my office and told me about TRWA and how they could help. To this day I am still thankful for all the help I have received from TRWA and its members. I hope I can give back to others as much or more than I have received. I have been the General Manager of Cash Special Utility District for the last 16 years. Prior to Cash SUD, I was the General Manager for Goforth Water Supply Corporation and have been managing water systems for 21 years. Some of my proudest moments during my career have been converting Cash WSC to Cash SUD, saving our customers tens of thousands of dollars per year. Next would be the “conservation award” from the Barton Springs/Edwards Aquifer in 1996. I won’t take all the credit; I have a great staff and Board that take their jobs and duties seriously. I have served on the TRWA Board for 16 years starting as Alternate Director for District 7, then elected as one of the first At-Large Directors and now Director for District 7. During my time on the Board, I have worked with some great leaders and served as Vice-President, Treasurer, Chairman of the Finance Committee, Chairman of the Policy and Bylaws Committee, Chairman of the Staff Compensation Committee, Vice-Chairman of the Legislative, Legal & PAC committee, as well as a member of the Districts Advisory Committee.

Clay Hodges with his wife, Susan, and their children, Seth and Jacy. 16

Quality on Tap! - March/April 2014

My wife’s name is Susan and we will celebrate 30 years of marriage this October. We are blessed to have a daughter Jacy at Texas Tech, a son Seth at Texas State, and three little dogs. When not working, I love to spend time with my family, whether we are at home, hunting, running in 5K races/mudruns, or mountain biking down Pikes Peak.

Hodges at Pikes Peak exercising one of his many passions, mountain biking.

I believe that for rural water to be successful and to sustain an important role in meeting the needs of future growth in Texas, we must learn to adapt and change. As President of TRWA, I will continue to build on the foundation set by my predecessors making our Association the leading voice for rural water at the Capitol. I am looking forward to serving as your President to Keep Texas Rural!

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Salvage Your Scrap Fundraising Program Builds Opportunities for Rural Students, Operators and Veterans By Marushka Grogan, Texas Rural Water Foundation

fter serving as a military policeman in the U.S. Army for twelve years, including two tours of duty in Afghanistan, Robert Lingenfelter gained an interest in the water and wastewater industry. He was looking for a postmilitary career that would serve the community and provide him with training. Once discharged, Robert was hired as a water and wastewater operator in training and was admitted into the Texas Rural Water Foundation’s (TRWF) Veteran Employment Program (VEP). Through the VEP, Robert completed a TRWA basic water course, received a study guide and took the license exam at no cost to him. The VEP will also pay for his training and exam fees so that he may obtain his wastewater operator license. Robert is on his way to starting a meaningful and successful new career. With your utility’s help, we hope to assist additional veterans like Robert and benefit the rural water and wastewater industry. The Foundation invites your utility to participate in our Salvage Your Scrap campaign by recycling your scrap metal and making a contribution to TRWF with the proceeds. TRWF was established by TRWA to serve all Texas rural water and wastewater utilities and address the challenges they face through programs that provide resources and build the capacity of utilities to best serve their customers. Funds raised through the Salvage Your Scrap campaign will support this mission and allow TRWF to:

•

Train and place veterans into new careers in the water and wastewater industry through the Veteran Employment Program (VEP)

•

Assist rural students and operators to attain higher education and training through the Student and Operator/Manager Scholarship Programs

Quality on Tap! - March/April 2014

•

Expand programming to further empower rural water and wastewater utilities throughout the state.

We hope your utility will consider participating in our Salvage Your Scrap campaign. All contributors will receive recognition on the TRWF website as well as in other 2014 publications, materials to help publicize your recycling efforts to your community, and the opportunity to honor a veteran and/or student who is important to your community or utility. Our goal is to raise $15,000 by July 4th, 2014. We are counting on your support to reach our goal. To learn more about TRWF and how your utility can participate in Salvage Your Scrap, please visit our website at www.texasrwf.org or call us at (512) 472 – 8591. Make sure to download our Salvage Your Scrap Resource Guide, a tool for setting up or improving your scrap metal recycling practices. You can help us support more veterans like Robert and become a better resource for rural water and wastewater systems throughout Texas today.

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Quality on Tap! - March/April 2014

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

Is there a requirement that a water supply corporation issue a stock or certificate to each member showing proof that they are members of the WSC? If not, how does the member prove his or her membership? What does the law say about this?

alternate billing agreement), should serve as proof that a person is a member of the water supply corporation.

A: This is another one of those quirky issues that is not explicit in the law. Texas Water Code Section 67.016 seems to indicate that a member should be provided with some proof of membership in the WSC, but there is no specific requirement. This section states, “[a] person or entity that owns any stock of, is a member of, or has some other right of participation in a corporation may not sell or transfer that stock, membership, or other right of participation to another person or entity…” unless certain criteria are met. I read this language as giving a WSC discretion as to how they will document a person’s status as a member.

Q: Our next Board of Directors’ agenda includes an item to discuss and possibly add four new paid holidays for our employees. These would include Martin Luther King, Jr. Day in January, President’s Day in February, Columbus Day in October and Veteran’s Day in November. Do other water systems take these days off? Currently we have nine paid holidays and this would increase our WSC policy to include 13 paid holidays annually.

In the past, some WSCs issued special “stock certificates” printed up on parchment grade paper that resembled a stock share of a corporation. These certificates even included a spot for the WSC corporate seal to be pressed into the document. A few WSCs still issue these paper certificates. Otherwise, a copy of the member’s Service Application and Agreement Form or a water bill in the person’s name (unless it’s a renter under an

Another suggestion is to send a welcome letter, along with a receipt of payment for the membership fee, to serve as proof of membership in the system.

A: We have not conducted an official survey regarding what holidays our members observe. This is discretionary for your board of directors as paid holidays are not required by law. To my knowledge, most systems close for business, unless there is a water or wastewater emergency, for at least six of the most recognized holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. There are a number of other systems that choose to close on the 10 holidays observed by the U.S. Postal Service, which include the six above, plus the four your board is considering adding. TRWA observes 12 paid holidays, including Good Friday, the day after Thanksgiving, Christmas Eve, and one floating personal holiday. If your board makes this change, I recommend that you notify your employees and update your personnel policies accordingly. Q: We are considering ways to increase revenues and the question came up whether we can charge a fee for meters that are locked and not being used, but still can be turned on at the customer’s request. Is there a fee other

Quality on Tap! - March/April 2014

systems charge for this or is this illegal? We have several meters that have been locked for years but are still in the ground.

meter measurements…” TRWA uses these rules as guidance for our WSC and district members to follow.

A: In 2004, the Texas Commission on Environmental Quality staff first took the position that the agency would not support this type of charge (formerly called a reserved service fee), so TRWA amended its sample tariff that same year to reflect this position.

As a policy matter, monthly meter readings should reflect all the water that flows through a meter designated to provide water service at a customer’s lot/location. If a customer allows a leak to continue or doesn’t know a leak occurred during a given month, they should still be billed for this unused but metered/ registered water. Some systems will give a customer a price break the first time they have an excessive bill due to a leak that they were not aware of, as long as they fix the leak promptly.

If your system requires additional revenue to cover expenses and capital improvement needs, your board should conduct (or hire an expert to conduct) an analysis of your system’s revenue requirements and consider adjusting the rates to meet these needs. Q: Our policy has always been if the water goes through the meter, the customer is responsible for the bill. This was in effect when I started working here and I need documentation that speaks to this issue. A: TCEQ’s rules on this issue for investorowned utilities are at 30 Texas Administrative Code Section 291.89(a). The rule states that, “all charges for water service shall be based on

In our most recent revisions to the TRWA sample tariff, we attempted to strengthen our language on this issue by including a new definition for “usage” as follows: “amount billed or to be collected based on the meter reading.” The 2014 version of the sample tariff should be available for purchase in the TRWA Store soon. If you have a technical question you would like answered, please e-mail Larry.Bell@trwa.org.

Quality on Tap! - March/April 2014

New Phase II MS4 Permit Issued by TCEQ By Texas Commission on Environmental Quality staff

he new Texas Pollutant Discharge Elimination System (TPDES) general permit for Phase II (Small) Municipal Separate Storm Sewer Systems - TXR040000 was issued by the Texas Commission on Environmental Quality (TCEQ) with an effective date of December 13, 2013. Operators of small MS4s must apply to TCEQ for authorization under the new permit by June 11, 2014. Municipalities and non-traditional entities such as counties, universities, and special districts may be regulated MS4 operators if the roads, streets, gutters, ditches, channels, drains, or other stormwater conveyances are located within an urbanized area. Maps identifying the urbanized areas are listed by city and state at the following website: http://www2.census.gov/geo/maps/ dc10map/UAUC_RefMap/ua/. To obtain permit coverage, submit a new Notice of Intent, a $100 application fee, and a Stormwater Management Program before June 11, 2014. Existing authorizations will remain active until the new applications are approved. MS4s serving a population of less than 1,000 within an urbanized area may qualify for a waiver. Those applications must also be submitted before June 11, 2014. Provisional coverage begins 30 days after submittal. All authorizations continue until the expiration date of the general permit or until the authorization is terminated by the MS4 operator.

Quality on Tap! - March/April 2014

The reissued general permit, factsheet, Response to Comments, and a Frequently Asked Questions document are now available on the TCEQ website at: http://www.tceq.texas.gov/ permitting/stormwater/WQ_ms4_small_TXRO4.html. The revised NOI Form No. 20368 and Waiver Form No. 20369 can be found on the TCEQ website at: http://www.tceq.texas.gov/comm_exec/forms_ pubs/search_forms.html. Forms from the previous permit period are no longer valid and will not be processed. Model ordinances and additional compliance resources are also available on the TCEQ website at Assistance Tools for Stormwater Permitting: http:// www.tceq.texas.gov/assistance/water/sw.html. For help determining whether the new Phase II MS4 general permit is applicable to your organization, contact TCEQ’s Stormwater & Pretreatment Team at 512-239-4671 or by e-mail at SWGP@tceq.texas.gov. For help understanding the application process or the requirements of any stormwater general permit, contact the TCEQ’s Small Business & Local Government Assistance Section’s compliance Hotline at 1-800-447-2827 or a Compliance Assistance Specialist in one of the TCEQ regional offices. A directory of TCEQ regional office staff contacts can be found online at http://www.tceq. texas.gov/about/directory/region/reglist.html.

Quality on Tap! - March/April 2014

TRWA Briefs TRWA Goes to Washington The National Rural Water Association (NRWA) held its annual Rural Water Rally in Washington, DC from February 10-12, 2014. Texas was well represented this year, with TRWA Board, staff and even a few members in attendance. The rally focused on important issues such as funding for core programs, the successes of rural water over the past year and rural water priorities for the upcoming year. The TRWA team visited the offices of all 36 congressional districts from Texas as well as the offices of U.S. Senators John Cornyn (RTX) and Ted Cruz (R-TX). Highlights of the trip included visits with U.S. Representatives Filemon Vela (D-Brownsville) and Pete Gallego (D-Alpine). TRWA advocated for funding for the services that TRWA provides to water and wastewater systems statewide, including but not limited to circuit riders, technical assistance and source water protection. This is just another way TRWA is working to Keep Texas Rural!

Olmito WSC Board President Pedro Rodriguez and GM Victor Trevi単o meet with U.S. Representative Filemon Vela.

TRWA meets with U.S. Congressman Pete Gallego

TWDB Swears in New Board Member

TRWA visits Capitol Hill to Keep Texas Rural! 24

Quality on Tap! - March/April 2014

Kathleen Jackson of Beaumont, TX was appointed to the Texas Water Development Board (TWDB) by Gov. Rick Perry on March 18, 2014. Jackson is a registered professional engineer and former public affairs manager for Exxon Mobil Corp. She is a former board member of the Texas Water Conservation Association and former member of the Sabine and Neches Rivers Bay and Estuary Environmental Flows Assessment Program Stakeholders Committee, Lower Neches Valley Authority Board of Directors and Lower Neches Basin Water Quality Assessment Program Steering Committee. She has also been an active member in numerous community organizations including the Jason Alliance of Southeast Texas, Young Audiences of Southeast Texas Inc., and the Beaumont Chamber of Commerce Education

The Texas Water Foundation is a non-profit organization established for the purpose of generating a heightened public awareness among all Texans regarding the vital role water plays in our daily lives. Under the leadership of its Board of Directors, the Foundation will serve the state by educating Texans about water resources and the importance of protecting, TRWA Board Secretary Brian Macmanus speaks up for rural water at a TWDB work conserving and enhancing session in Harlingen these resources for the use and Committee and Minority Business Development enjoyment of future generations Partnership. TRWA Board Secretary Brian of Texans. We are already exploring partnership Macmanus and Executive Director Fred Aus have opportunities between TRWF and the Texas Water already had the pleasure of meeting Jackson at Foundation. a TWDB work session in Harlingen. TRWA will continue to cultivate the relationship we have with the TWDB to ensure our members’ needs are heard throughout the SWIFT implementation process. A Public Utility Commission (PUC) of Texas workshop regarding the rules associated with the transfer of water rate and CNN programs from the Texas Commission on Environmental Quality (TCEQ) occurred on February 26, 2014. TRWA staff TRWA has been representing our members was present to participate in a discussion about and ensuring rural water has its voice heard at the proposed changes to applicable substantive and TWDB State Water Implementation Fund for Texas procedural rules, as well as forms to prepare for (SWIFT) stakeholder meetings and work sessions. the transfer that will occur on September 1, 2014. TWDB held stakeholder meetings on January 31, The PUC of Texas is requesting that each entity February 19 and March 6, and representatives from providing water and wastewater services register TRWA were in attendance to participate in dialogue on the PUC website. We urge TRWA members related to the SWIFT rulemaking. TRWA staff also to register so they can be included in a company attended work sessions on SWIFT implementation database for the commission to use to stay in in Conroe, Lubbock and Harlingen to speak about contact going forward. You can access the Water the 10 percent set-aside for rural area, what defines Company Information form at the following web “rural” for purposes of prioritizing projects and the address: http://www.puc.texas.gov/industry/water/ regional planning process. TRWA will continue to watercompanydetail.aspx. attend these meetings and participate as much as

PUC Requests Water/ Wastewater Utilities to Register

TRWA Participates in TWDB Work Sessions

possible in the planning and rulemaking process. We will keep our membership informed on the progress of these meetings in future issues of this magazine and on our website at www.trwa.org.

Texas Water Foundation Instates New Members On March 18, 2014, the Texas Water Foundation swore in three new Board Members: State Rep. Lyle Larson (R-San Antonio), Ronald J. Neighbors, and our very own TRWA Executive Director Fred Aus.

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Advertiser Index AIA Insurance Agency.......................................... Page 9 Badger Meter.................................................................13 Burgess & Niple, Inc.....................................................20 Capps Insurance Agency .............................................23 Childress Engineers .....................................................14 Chlorinators Incorporated ...........................................17 CoBank ..........................................................................15 Daniel & Brown, Inc. .....................................................25 DN Tanks .......................................................................23 DSA Coatings ................................................................17 Dunham Engineering ...................................................17 Environmental Improvements .....................................21 Hayes Engineering .......................................................23 Holt Cat ..........................................................................13 J.F. Fontaine & Assoc., Inc...........................................22 Jim Cox Sales, Inc ........................................................19 KSA Engineers ..............................................................18 Maguire Iron ..................................................................23 Pittsburg Tank & Tower Maintenance Co., Inc ...........22 Russell Drilling Co., Inc. ..............................................26 Tabor & Associates, Inc. .............................................. 11 Tank Connection...........................................................13 Texas Rural Water Foundation ....................................12 TraC-N-Trol, Inc. ............................................................23 USA Bluebook ............................................... Back Cover Velvin and Weeks .........................................................12

Quality on Tap! - March/April 2014

Plan Ahead CONFERENCES: June 12-13, 2014 Office Professionals’ Conference, Hyatt Regency San Antonio Riverwalk

July 16-17, 2014 Training & Technical Conference, Galveston Island Convention Center, San Luis Hotel & Hilton

OPERATOR TRAINING COURSES: Water Credit Courses Basic Water Works Operations: Brownswood, April 29-May1  San Antonio, May 13-15 Groundwater Production: Kenedy, April 15-17  Gainesville, May 13-15 Surface Water Production 1: Mt. Vernon, April 29-May 1  Midlothian, May 13-15 Surface Water Production 2: Midlothian, June 24-26 Water Distribution: Brownwood, April 1-3  San Antonio, April 15-17  Mesquite, May 28-30 Water Sampling & Field Analysis: San Antonio, May 7 Water Utility Calculations: Mission, June 10-12 Water Utility Management: San Antonio, May 20-22 Water Utility Safety: San Antonio, April 1-3  Crockett, May 28-30

Water and Wastewater Credit Courses Advanced Math: San Antonio, June 4-5 Basic Math: San Antonio, June 3 Chlorinator Maintenance: Gainesville, June 24-26 Customer Service Inspections: Athens, April 22-23  Lorena, May 20-21  College Station, June 3-4 Pump and Motor Maintenance: Mission, May 6-8 Valve and Hydrant Maintenance: Harlingen, April 22-24

Wastewater Credit Courses Basic Wastewater: Harlingen, May 20-22  San Antonio, June 10-12  Mesquite, June 17-19 Chlorine Use, Handling, Safety, & SCBA: San Antonio, May 6 Operation of Activated Sludge: Pittsburg, April 22-24  San Antonio, June 17-19 Wastewater Collections: San Antonio, April 29-May1 Wastewater Treatment: San Antonio, April 8-10

Public Funds Investment Act Training Initial 6-Hour Training: Galveston, July 15 Renewal 4-Hour Training: Galveston, July 16

Quality on Tap! - March/April 2014

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