Quality on Tap - May 2013

QUALITY ON TAP! May/June 2013

Update on the 83rd Legislative Session Also Inside: Changes in Laboratory Fee Schedule for Chemical Samples Update on Electronic Delivery of Consumer Confidence Reports in Texas Lee County WSC Gives Back through Relay for Life

www.trwa.org

TRWA Today TRWA BOARD OF DIRECTORS

TRWA STAFF

Officers James Morrison Clay Hodges Pat Allen Tommy Carswell Scott Adams

President Huntsville (At-Large) Vice President Greenville (Dist. 7) Treasurer Marion (Dist. 5) Secretary Lufkin (Dist. 14) Immediate Past President Ft. Davis (Dist. 2)

District Directors John Frantz Chris Boyd Michael Taylor Brian Macmanus Charles Beseda Vacant Barry Miller Kevin Spence Roy Perkins Bill Goheen Kent Watson

Hartley (Dist. 1) Aubrey (Dist. 3) Brownwood (Dist. 4) Harlingen (Dist. 6) Penelope (Dist. 8) District 9 Gonzales (Dist. 10) Franklin (Dist. 11) Kaufman (Dist. 12) Mabank (Dist. 13) Bryan (Dist. 15)

At-Large Directors Kent Smith Vacant

Itasca At-Large

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

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Quality on Tap! - May/June 2013

Fred Aus Executive Director Allison Kaminsky Communications Director Celia Aguirre Environmental Services Director Refugio Rodriguez FMT Specialist Deborah McMullan Source Water Protection Specialist Janice Gibbs, CPA Finance Director Pam Cantrell Administrative Assistant Angela Harris Administrative Assistant Lara Zent Deputy Executive Director and General Counsel Pauline Word Legal Assistant Nickie Morgan, CMP Member Services Director Lance Harrell Information Technology Michael Vollmar Professional Development and Training Director Melody Bennett Administrative Assistant Len Klandrud Instructor George Patterson Instructor Dian Phinny Instructor Larry Bell Raymond Curtis Alex Eaves Paul King Steven Mindt

Technical Assistance Director Wastewater Trainer Wastewater Technician Circuit Rider Technical Assistance and Training Specialist James Smith Circuit Rider William White Circuit Rider

Quality On Tap! 6

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Features:

6 Update on the 83 Legislative Session in Laboratory Fee Schedule for 10 Changes Chemical Samples rd

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

By the TRWA Lobby Team

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Answers to your technical questions

Keep it Legal

By Alex Eaves, Texas Rural Water Association TCEQ has made a change to laboratory fees for the first time since 2007.

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By Allison Kaminsky, Texas Rural Water Association TCEQ has authorized Texas public water systems to deliver CCRs to customers electronically.

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Answers to your legal questions

Advertiser Index

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Plan Ahead

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Update on Electronic Delivery of Consumer Confidence Reports in Texas

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Lee County Water Supply Corporation Gives Back through Relay for Life

By Allison Kaminsky, Texas Rural Water Association For three years now, Lee County WSC has been giving back to their community.

TRWA’s Calendar of Events

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TRWA Summer Conferences Promise to Educate, Engage and Develop

By Nickie Morgan, Texas Rural Water Association Our meeting planner gives a forecast on this summer’s hottest water conferences.

24 ON THE COVER: Devil’s River Photo credit: Earl Nottingham © Texas Parks and Wildlife

TRWA Briefs Learn more about the 2013 Salary and Rate Study Survey, TRWA’s mobile site and the Membership Directory’s new online format!

Quality on Tap! - May/June 2013

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President’s Message As I write this message, another regular session of the Texas Legislature comes to an end. This was in my opinion a very odd session in that it was almost carried out in slow motion. I haven’t fully grasped the reasoning behind the slow session, but you can rest assured that political “gamesmanship” is at its root. While not a lot of bills made it to the Governor’s desk, our top priority bills DID! Maybe we are all better off without a bunch of new laws to deal with.

“While not a lot of bills made it to the Governor’s desk, our top priority bills DID!”

On another note, it is getting hot in Texas. Water sales are on the rise. It is time for all of us in the rural water business to make sure that we protect or most valuable assets—our employees. We need to make sure we inform all our employees about staying hydrated in this heat.

While most of our outside staffs are small and we ask them to perform in all types of weather, let’s make sure they are protected this summer by staying HYDRATED! I hope to see you all at the Office Professional Conference in San Antonio and at the Tech Conference in Galveston.

Please keep the folks hard hit by the continuous weather events in Oklahoma in your thoughts and prayers.

Sincerely,

James Morrison President, Texas Rural Water Association

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Quality on Tap! - May/June 2013

Letter from the Executive Director As I write this, it is the last week of the Texas Legislature’s 83rd Regular Session. Much work remains to be done by the 31 State Senators and 150 State Representatives, especially in the area of water infrastructure funding. The first 19 weeks of the legislative session have flown by, and we may possibly be seeing a special session of the Legislature, if the Governor determines it necessary.

Meanwhile, the TRWA Lobby Team has been busy at the Capitol working on TRWA’s legislative priorities. TRWA Board leadership has actively participated to fight for you and help make your voice heard in Austin. And we have some good successes to discuss, as you’ll read in this magazine.

We have made progress on some of the issues of greatest importance to TRWA that we discussed back in March during Annual Convention. A bill to make streamline changes to elections for WSC boards has already been signed by the Governor – it was one of the first 100 bills passed this session. Another bill dealing with fire flows was of great concern, but we have worked to make it a positive piece of legislation for TRWA members. We have had good support on the need for rural water funding all session long from legislators, although the ultimate status of that legislation is still uncertain.

Meanwhile, as my first year as TRWA Executive Director continues to fly by, I look forward to seeing you all this summer.

I hope you’ll be at the Office Professionals Conference in San Antonio on June 20-21, and I know I’ll see many of you at TRWA’s very popular Technical Conference in Galveston in mid-July.

“The TRWA Lobby Team has been busy at the Capitol working hard on TRWA’s legislative priorities.”

As we get ready for what meteorologists are predicting to be another hot, dry summer in Texas, I wish you all safe travels wherever you go. Also know that TRWA is here to support you as you go about the high calling of providing reliable water and wastewater services to more than 2.5 million Texans. Thank you for all you do to Keep Texas Rural in the best of ways!

Sincerely,

Fred Aus Executive Director, Texas Rural Water Association Quality on Tap! - May/June 2013

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Update on the 83rd Legislative Session By the Texas Rural Water Association Lobby Team

W

ater has been a hot topic during the 83 rd session of the Texas Legislature, and our lobby team has been hard at work ensuring our members’ interests are heard and protected. Out of the 6,061 pieces of legislation filed this session, TRWA has been diligently tracking 960 that may have an impact on rural water systems. The following are a just a few of the high profile bills that were filed this session based on those we highlighted at TRWA’s Rural Water Day at the Capitol on March 20: TRWA Water Supply Corporation Elections Senate Bill (SB) 447 and House Bill (HB) 1495 contain TRWA language in them to amend the law pertaining to election procedures for WSCs that was passed during the 82nd Legislature. These bills create a procedure for WSCs to cancel an uncontested election and remove the requirement to obtain member signatures to run for a director position if the WSC has fewer than 1,500 members. SB 447/HB 1495 also clarified that the election procedures adopted last session apply to retail WSCs and not to those that provide wholesale service. SB 447 was amended to require systems to notify members of the opportunity to submit director applications at least 30 days before the application deadline. This version

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of the bill passed in both the Texas House of Representatives and Senate and has been signed by the Governor.

State Water Plan/ Water Infrastructure SB 4 and HB 4 are similar bills that were filed to create the “State Water Implementation Fund for Texas” for the Water Development Board to use to finance water infrastructure projects set forth in the State Water Plan, including projects authorized under the Rural Water Assistance Fund. This would be a revolving loan fund and would set a goal of at least a 10 percent setaside for projects in rural areas. The bills do not create any new taxes or fees, but the Fund may consist of the proceeds of such taxes or fees otherwise created, as well as funds from other legislatively directed sources and investment earnings. HB 4 provides that projects would be funded using a prioritization process implemented by regional water planning groups, the Board and an Advisory Committee consisting of seven designated members. HB 4 also would restructure the Board by reducing the members from six part-time to three full-time members and by requiring the new board to appoint a new executive administrator. HB 4 has been passed by the Legislature and signed by the Governor.

SB 22 and HB 11 were introduced to finance the aforementioned revolving loan fund established in SB 4/HB 4 respectively. These bills called for $2 billion to be appropriated from the economic stabilization fund (“Rainy Day Fund”) for water infrastructure projects.

SB 22 also calls for significant changes to the makeup of the TWDB, shortening term limits and reducing the board from six part-time members to three full-time members. These bills stalled in the legislative process. Two other pieces of legislation are needed to fund the State Water Plan: SJR 1 and HB 1025.

Senate Joint Resolution 1 proposes a constitutional amendment providing for the creation and use of funds in the state treasury to provide financial assistance for certain projects related to economic development and water infrastructure. SJR 1 was passed by the Legislature and will go to Texas voters for approval in November 2013. HB 1025 is a supplemental appropriation bill that would move $2 billion from the Rainy Day Fund to a newly created water fund. It was passed by the Legislature and sent to the Governor.

There were several other bills filed this term relating to funding water infrastructure projects.

Among them were HB 227, which would allocate $1 billion from the economic stabilization fund to the comptroller to deposit in the water infrastructure fund; SB 224, which would allocate $1.6 billion from the economic stabilization fund for use by the Texas Water Development Board for funding State Water Plan projects; and SB 923, which would create a water usage fee and surcharge for public retail utilities and a “State Water Plan Fund” where these fees would be credited.

Fire Flow/Fire Hydrants HB 1973 as originally filed was of major concern to TRWA. It would have given cities broad new authority to set fire flow standards for WSCs and investor owned utilities (IOUs), and utilities would not have been able to recover fines or penalties incurred by violating the standards through rates. However, TRWA worked with the bill author and stakeholders to set up a much better framework for developing fire flow standards. TCEQ, by rule, would establish fire flow standards that a city could adopt, with a minimum standard for a residential area being 250 gpm while maintaining minimum 20 psi for at least two hours.

A city could not require a WSC or IOU to meet a fire flow standard that the city’s water utility cannot meet, and a city without a water utility could not require a WSC or IOU to meet a standard more stringent than that set by TCEQ. An ordinance could not require a WSC or IOU to retrofit existing infrastructure at the time the

ordinance is adopted. In order to use a WSC or IOU’s water for fire suppression purposes, a city, other than Houston, would be required to enter into a memorandum of understanding with the WSC or IOU to address issues relating to the use of the water and maintenance of the fire hydrants. This bill has been passed by the Legislature and has been sent to the Governor’s office.

HB 1768 amends the Health & Safety Code for water systems located in Cameron, Hidalgo, Starr and Willacy Counties. It requires water systems to paint all or the cap of a fire hydrant white if it is available to fire departments for filling tanks only, and to paint it black if it is not available for any fire suppression use. The bill also provides that systems may ensure that hydrants are visible in low-light conditions, such as installing reflectors. The bill also provides that a public water system is not liable for a hydrant’s inability to provide adequate water supply in a fire emergency. The bill was passed by the Legislature and was sent to the Governor.

Certificates of Convenience and Necessity (CCNs) Of CCN bills filed this session, those of greatest concern to TRWA stalled in the legislative process.

HB 3468 provides that 60 percent of customers in a geographic area within a CCN may petition the commission to revoke or amend the CCN. “Customer” includes a current ratepayer or a person who has requested water or sewer service. The commission would be required to revoke or amend the CCN without compensation to the certificate holder. A retail public utility whose certificate has been revoked or amended could continue to provide service to the decertified area upon request by any customer within the area. The commission decision would be final and not subject to appeal. “Geographic area” is not defined, so this bill would allow any property owner to get out of an existing CCN area with no compensation to the existing provider to recover their investment, Continued on page 8 Quality on Tap! - May/June 2013

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Continued from page 7

no due process and no right to appeal. This bill stalled in committee.

HB 1028 would add new factors to the regular expedited release law, TWC Sec. 13.254(a1). This bill would allow a landowner to utilize expedited release laws if a landowner’s property is within municipal boundaries, the CCN holder is a WSC with federal debt and the landowner demonstrates that the WSC has refused or is incapable of providing service in the same manner that the city would be required to provide. This bill stalled in committee.

Districts SB 902 was a third attempt at passing an omnibus districts bill amending numerous provisions in the law pertaining to water districts.

Of note, the bill amends the competitive bid requirements to apply to contracts over $75,000 instead of $50,000; removes the 5 percent fee cap that may be charged to customers for credit card transactions; eliminates the electronic voting machine requirement in certain situations; and provides that the validity of an action taken at a board meeting is not affected by the failure of the county clerk to post notice of the meeting as long as the board followed the requirements by providing the notice to the clerk. The bill was passed by the Legislature and signed by the Governor.

Both HB 2152 and SB 1268 amend chapter 49 of the Water Code to provide that a district may not charge a fee to a recreational vehicle park on the basis of the number of connections the park

provides for its transient customers. The rate charged must be based on the meter size. These bills were both passed by the Legislature and sent to the Governor.

Water Conservation HB 857 would require annual water loss audits for all retail public utilities. Public utilities that do not receive TWDB funding and retail public utilities that serve 3,300 connections or less would only be required to file water loss audits every five years. This bill has been passed by the Legislature sent to the Governor’s office.

HB 2616 would require TCEQ to establish uniform stages of drought response and implementation measures for each stage and types of entities that must comply under drought contingency plan rules. This bill would also prohibit wholesale or retail public water suppliers from implementing their own drought stages.

This bill was stalled in the legislative process.

HB 1461 would require customer notification of water loss as reported in a retail public utility’s required water audit. A system could satisfy this notice requirement by reporting water loss on its annual Consumer Confidence Report (CCR) or the next bill after the water audit is filed. This bill was passed by the Legislature and signed by the Governor.

HB 252 and SB 1170 would require retail public utilities to notify TCEQ when it is reasonably certain that the water supply will be available for 180 days. Wholesale water suppliers also would be required to report under this provision. HB 252 was passed by the Legislature and sent to the Governor.

HB 3603, 3605 and 3607 all use a threshold of 15 percent water loss for systems with more than 3,300 connections as basis for TWDB to require mitigation of water loss as part of loan application. Only HB 3605 made it through the legislative process and was sent to the Governor.

As passed, HB 3605 did not include the 15 percent threshold and instead allows TWDB to determine the threshold for this loss for each size category of retail public utility. HB 3608

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would have allowed TWDB to consider best management practices in loan applications, and SB 1169 also would have required water loss mitigation as part of a TWDB loan. Both HB 3608 and SB 1169 stalled in the legislative process.

Open Government SB 293 amends the Open Meetings Act by authorizing a water district with boundaries in three or more counties to hold a special meeting by telephone or video conference when immediate action is required and convening a quorum at one place would be difficult or impossible. This bill has been signed into law and is effective immediately. HB 2414 amends the section of the Act that pertains to holding meetings by video conference, making it easier for all governmental entities, including water supply corporations, to do so. It was also passed by the Legislature and sent to the Governor.

SB 1297 would allow officials of a governing body subject to the Open Meetings Act to communicate outside of a “public meeting” as long as communication is posted to an online public message board and the communication must remain posted for 30 days. It was passed by the Legislature and sent to the Governor.

Groundwater Conservation District Four new groundwater conservation district creation bills were filed applying to areas where TRWA members serve: HB 2149/SB 890 would create Reeves County Groundwater Conservation District; HB 2640 would create Western Travis County Groundwater Conservation District; HB 3880/SB 1840 would create Deep Texas Groundwater Conservation District; and HB 3924 would create Comal Trinity Groundwater Conservation District.

Eminent Domain A total of five eminent domain bills were filed this session. Of these, SB 655 was passed by the Legislature and has been sent to the Governor as of publication of this article. This bill relates to eminent domain strictly for public use by special districts and under the Water Code.

Backflow Prevention Companion bills HB 2179 and SB 1456 proposed to move all certification of backflow prevention assembly testers to the Texas State Board of Plumbing Examiners and away from TCEQ. If passed, this bill would not take regulatory authority away from TCEQ, but would have transferred all powers, duties and liabilities over licensing. All current license holders would be grandfathered under the potential law until the license expires. These bills stalled in committee.

PUC Sunset & TCEQ Rate Transfer HB 1600 and SB 567 transfer water and sewer rate jurisdiction and regulation of CCNs from TCEQ to the Public Utility Commission.

These bills were passed by the Legislature and the Governor allowed them to become law without his signature.

TRWA Member Bills Several TRWA members filed local bills this session. SB 1116 would allow Crystal Clear WSC in Central Texas to convert to a special utility district. This is the only SUD conversion bill filed this session. Marilee SUD (HB 2055), Mustang SUD (HB 3936/SB 1873) and Rockett SUD (HB 436) all filed local bills seeking to exempt certain bonds and construction projects from TCEQ approval. These bills were all passed by the Legislature and sent to the Governor.

 There were many other bills filed and passed by the Legislature this session that may have an impact on rural water systems. Some of these are still awaiting the Governor’s signature.

The TRWA Lobby Team is continuing to work tirelessly to analyze these bills. We will also have a Legislative Update at the TRWA Technical and Training Conference in July (see page 22), and will publish a special Legislative issue of Quality on Tap in August to keep members informed.

Quality on Tap! - May/June 2013

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Changes in Laboratory Fee Schedule for Chemical Samples

By Alex Eaves, Texas Rural Water Association

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n November 2012, the Texas Commission on Environmental Quality made a change to laboratory fees for the first time since 2007. Though some fees have increased, the overall impact on public water systems will be a 43 percent decrease in total lab fees for 2013. Aside from fees charged for cyanide, radiochemicals and method 515.4, all other fees are 28 to 72 percent lower than 2012 rates.

The fee change is a result of a requirement enacted by the 82nd Legislature under Senate Bill 80 mandating that the Texas Department of State Health Services (DSHS) reassess their entire lab fee structure for both medical and environmental testing. DSHS made a proposal to revise the fee structure and notified stakeholders, including public water systems, in December 2011. The outcome was a new rule package that included the new fees, which was passed and became effective in October 2012.

TCEQ reserves the right to reassess lab fees periodically and adjust them as necessary.

Any changes will be updated on both TCEQ’s website and the DSHS laboratory web page at http://www.dshs.state.tx.us/lab/ab_fees.shtm.

Stakeholders will also be notified of any changes through the Drinking Water Advisory Work Group (DWAWG). Both DSHS and Lower Colorado River Authority (LCRA) will utilize the same fee schedule.

In order to keep costs down and avoid interruption in lab service, some water systems may now have their routine samples shipped to a different lab. All radiochemical samples will continue to be analyzed by DSHS. The map in Figure A depicts the six sampling regions and their assigned laboratory effective November 2012.

TCEQ’s Drinking Water Watch website offers online access to public water system information

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Quality on Tap! - May/June 2013

Figure A

including: water system facilities, contact information, sample schedules, violations and analytical results. You may access this information at http://dww.tceq.state.tx.us/DWW/.

To calculate your water system’s cost of chemical compliance sampling for this year, follow these steps: 1. Find your sampling schedules. You may conduct a search for your system’s schedule on the Drinking Water Watch webpage.

2. Find out which sampling schedules are open this year. Note: Sampling schedules labeled “continuous” have not established end date and are ongoing.

3. Find out which open sampling schedules are due this year. Entries on the schedule in the “Req’s” column tell you sampling frequency. TCEQ collects samples in the last year of a multi-year schedule.

4. For each sampling schedule, find out how many samples must be collected. The collection number is also located in the

“Req’s” column on the schedule. Use this number in conjunction with the frequency to determine how many samples are required in your calculation year.

5. For each type of sample, look up the lab analysis fee. (see Figure B).

6. Add up the total cost.

If you have any questions about these changes, feel free to contact TCEQ’s Drinking Water Quality Team at 512-239-4691 or e-mail them at pdws@tceq.texas.gov.

Figure B

Analysis Type

% of Total Samples

New Fee

Old Fee

Change

EPA Method 504

4.58%

$75.67

$105

-28%

EPA Method 515

4.58%

$33.25

$190

65%

EPA Method 531

4.54%

$57.01

$180

-68%

Arsenic, Barium, Cadmium, Manganese, Selenium, Thallium (each)

1.74%

$6.88

$25

-72%

Asbestos

6.73%

$130.00

$130

0%

Chloride

0.01%

$15.11

$21

-28%

Cyanide

1.64%

$135.47

$55

146%

Fluoride

0.92%

$15.03

$21

-28%

Iron, Sodium (each)

0.87%

$7.73

$19

-59%

Mercury

0.00%

$18.41

$25

-26%

Minerals Group (MIN)

5.36%

$102.25

$155

-34%

Metals Group (MTL)

2.52%

$152.43

$264

-42%

Nitrite, Nitrate/Nitrite (NO32)

15.39%

$8.49

$25

-66%

Radiochemicals

2.57%

$272.47

$204

34%

Secondary Group (SEC) Synthetic Organics (SOC5) Total Dissolved Solids (TDS) Total Haloacetic Acids (HAA5) Total Trihalomethanes (TTHM) Volatile Organics (VOC)

$102.03 2.01%

$205.41

$300

-32%

0.01%

$14.65

$31

-53%

21.95%

$53.72

$230

-77%

21.94%

$50.13

$84

-40%

2.63%

$55.12

$183

-70%

Quality on Tap! - May/June 2013

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

Q:

Is it necessary to clear the area outside of a fenced well yard?

Our consultant has advised that the area outside our well needs to be cleared. We have never been cited for this during TCEQ inspections.

A: Several TCEQ inspectors have cited systems for having vegetation on or over their fence. There are not any specific statutes or rules that require setbacks outside of plant yard fences, but there are references to housekeeping and site appearance. There is also language in the vulnerability assessment and emergency response plan literature that advises systems to “limit access” to intruders by removing debris or overhanging limbs so that folks can’t climb trees and use a limb to gain access to the water plant site. Also, removing obstacles or debris may prevent intruders from having a place to hide and wait in an attempt to gain access to the site.

If the fence sits directly on the property line, the system may not be able to clear brush, vines, limbs or other debris without trespassing on the neighbor ’s property. If the issue arises during an inspection, the system may provide evidence to the inspector that they do not own or have an easement for the property in question in order to avoid a citation. However, some inspectors will not accept this as a means of avoiding citation and will insist that the area is cleared.

TRWA recommends that the system make an arrangement with the property owner, obtain an easement or purchase a strip of land outside the well area to create a buffer zone.

The next time a property is selected for a water plant site, be sure to have the engineer stake off the fence 4 to 5 feet inside the property line to enable the system’s employees to keep limbs, brush and other debris from being right up against the fence.

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Q: We are currently working on pipeline construction involving almost 50,000 linear feet (L.F.) of 8 inch, 6 inch and 3 inch water mains. Can you shed some light on the following 30 TAC 290.44(f)(3) provision?

“New mains shall be thoroughly disinfected in accordance with AWWA Standard C651 and then flushed and sampled before being placed in service. Samples shall be collected for microbiological analysis to check the effectiveness of the disinfection procedure. Sampling shall be repeated if contamination persists. A minimum of one sample for each 1,000 feet of completed water line will be required or at the next available sampling point beyond 1,000 feet as designated by the design engineer.”

One interpretation of the regulation is we are to sample each 1,000 feet or the next available sampling point beyond 1,000 feet, which could be a mile farther down. My interpretation is the engineer should designate on his plan and design a sampling point every 1,000 L.F. and if for some reason the contractor cannot collect the sample at any one of the sample sites, he should move to the next available site, which would be the next 1,000 feet. Also, is there any way we can get permission from TCEQ to sample less than every 1,000 feet?

A: Yes, even though the TCEQ rule calls for sampling points every 1,000 feet of new line as provided in the American Water Works Association (AWWA) Standard C651 that you mention, TCEQ routinely approves plans and system designs that exceed this minimum requirement. I have also seen TCEQ approve plans that stretch out the distances between sampling sites to greater than 1,000 feet.

One system that comes to mind submitted plans for TCEQ approval showing a 5,000 foot line extension with an engineer designed/ designated sampling site at the end of the 5,000 foot extension. Many times the water transmission mains can run for miles before getting to a customer tap or flush valve that can be used for a sampling point. Many engineers designate these planned meter taps and main-line flush valves as the sampling points.

There are several good reasons for installing sampling points at distances greater than every 1,000 feet on transmission lines that extend for many miles in remote areas.

It reduces the amount of potential leaks and reduces the potential for water theft at these remote sites. It is better for the system’s long-term maintenance to have fewer of these remote sampling sites to maintain and keep track of. Finally, finding these remote sites two or more years after construction is completed can be difficult if not impossible in the brush and weeds.

exceeds the minimum standard. TCEQ has also approved distances of greater than 1,000 feet between sampling sites for many systems.

Q: My Public Funds Investment Act certification is about to expire. Can I take a renewal course or do I need to take the initial training course again?

A: If your system is a water district operating under Chapter 49 of the Texas Water Code, the investment officer must attend at least four hours of additional investment training within each two-year period after the first year, pursuant to Texas Water Code Sec. 49.157(b).

TRWA’s Public Funds Investment renewal course will satisfy this requirement to maintain your certificate. The next class will be held from 8 a.m. to noon on July 17 at the Hilton Galveston Hotel. You may register online at www.trwa. org and click on the Technical Conference link. The course is held in conjunction with this conference, but students must register separately.

“There are several good reasons for installing sampling points at distances greater than every 1,000 feet on transmission lines...in remote areas.”

Your system should review the pipeline route with the engineer and decide where these sampling sites should be located. Find locations that will be close to a fence or other identifiable landmark where the sampling sites can be found earlier and accessed without having to venture into a field or down a creek bed. Make sure the sites are convenient for future service and maintenance. This may mean that in some areas the sites may be 2,000 feet apart or more, and in some areas they could be closer than 1,000 feet.

Prior to submitting plans to TCEQ for approval, work with your engineer to ensure that the engineer follows the system’s requests for location of all types of valves, meter taps, tees and ells, as well as sampling sites. Sampling sites closer than 1,000 feet apart will be routinely approved since this

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

Daniel & Brown Inc. Engineers &

Consultants 972.784.7777 —————————— www.dbiconsultants.com Quality on Tap! - May/June 2013

13

Update on Electronic Delivery of Consumer Confidence Reports in Texas

By Allison Kaminsky, Texas Rural Water Association

T

he Texas Commission on Environmental Quality (TCEQ) has confirmed that, effective in April, Texas public water systems are authorized to deliver their consumer confidence reports (CCRs) to customers electronically. The U.S. Environmental Protection Agency (EPA) expanded the Safe Drinking Water Act CCR Rule delivery options in a memorandum published in January 2013. However, although the EPA broadened their interpretation of “direct delivery” to include electronic methods, the agency asserted there was no rule change, nor did the memorandum add to or replace any existing CCR Rule requirements.

Because of this, the reinterpretation of delivery options would not supersede any state primacy agency requirements for CCR delivery or content.

On April 24, TCEQ’s Drinking Water Advisory Work Group convened and discussed the issue, and has since indicated they fully support the EPA’s interpretation on electronic delivery of CCRs. TCEQ will revise their CCR delivery requirements and certification process to align with the recent EPA guidance and effectively authorizes Texas public water systems to deliver their CCRs to customers as outlined in the aforementioned memorandum.

However, TCEQ is not currently prepared to accept CCRs electronically from systems and is continuing to require CCRs and Certificates of Delivery to be submitted to the agency through standard mail delivery.

It is important to note that not all methods of electronic delivery qualify under the guidelines set forth by the EPA. The key component for acceptable electronic delivery is that it must be in a manner that is “direct” to the customer. In order to meet delivery requirements, all notifications of CCR

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availability must prominently display both a URL leading directly to the complete report and a notice clearly explaining the nature of the link. Utilizing mailings primarily used for other purposes, such as a utility bill, is also acceptable if the communication piece includes a prominently displayed notice and direct URL. If the system is aware of a customer ’s inability to receive a CCR by the chosen electronic method, it must provide the report by an alternative method allowed by the rule.

Acceptable methods of delivery include mailing a paper copy of the report, mailing a notification that the CCR is available on a website via a direct URL, sending an e-mail directly to the customer with the CCR included as an attachment or an embedded image, or notifying the customer by e-mail that the complete CCR is available online and including a direct URL to the report. Methods involving e-mail may only be used if the system has a valid e-mail address on file.

For a more expansive discussion of the EPA memo and the requirements associated with electronic delivery, read the article “EPA Expands CCR Rule to Include Electronic Delivery Options” in the March issue of Quality on Tap, or view the full EPA memo online at www.trwa.org.

Quality on Tap! - May/June 2013

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Lee County Water Supply Corporation Gives Back through Relay for Life

By Allison Kaminsky, Texas Rural Water Association

F

or years Lee County Water Supply Corporation talked about doing something to give back to their community. Three years ago, they put their words into action and formed the “WATA Team” to participate in Relay for Life, an overnight community fundraising walk benefitting the American Cancer Society.

The entire staff joined in; the event combined their love of the outdoors and a cause they could all get behind: Finding a cure for cancer.

“All of us in, in some way, have been affected by cancer. This monster needs all the help it can get to be beat. Relay for Life seemed like a manageable activity for a small team to accomplish,” said Wade Dane, assistant general manager for the system.

The fundraising walk was such a success, Lee County WSC wanted to more. The next year, the system hosted their first “Hamburger Meal Deal” lunch, where the WATA Team sold hamburgers, chips and drinks to benefit the American Cancer Society. In conjunction with the lunch, the team also hosted a bake sale.

Lee County WSC’s second annual Hamburger Meal Deal event was held May 8, 2013.

Many food items were donated from local sources supporting the cause.

“Our motto is, ‘Help us help others,’” said Dane. “For these couple of days a year we come together as a team for a different goal, we bring our friends and family members together to help out in different ways.”

The “WATA Team,” along with 15 volunteers from the community, raised over $4,000 to contribute to the American Cancer Society during their 2013 event.

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Quality on Tap! - May/June 2013

Volunteers got the word out themselves, posting fliers around the community and letting the water system’s customers know about the event. The response was positive and extended beyond the Giddings city limit, and members of surrounding communities got involved.

Some high schools and businesses in nearby Lexington and Dime Box

difference,” said Dane. “Everyone will pat each other on the back, have a laugh or two, say our thank yous and head off back to our world. But just maybe for a very short time each year we are able to make a difference and those who participate are able to ‘Help us help others.’”

Volunteers served 810 meals and hosted a bake sale to support their cause.

areas preordered the lunches that the system operators and other volunteers later delivered.

By the end of the event, the system’s efforts raised approximately $2,500 to donate to their charity.

The organized volunteerism efforts of the WATA Team have bolstered the morale at Lee County WSC and have created unity in the work place. Dane says it is because the events enable office and field personnel to work side by side to reach a common goal. Lee County WSC is already looking forward to their third annual Hamburger Meal Deal in 2014 and is certain the fundraiser will only get bigger. They have already set a goal of selling 1,000 meals next year to support their cause.

Does your system do something that stands out? E-mail editor@trwa.org or call 512-4728591 and tell us your story! You could see your system highlighted in the next issue of Quality on Tap!

The reach of their volunteerism continues to grow, and the 2013 Hamburger Meal Deal lunch has doubled in size from last year. Over 700 meals were pre-ordered before the event even took place. This year’s event reached 810 people, raising over $4,000 to contribute to the American Cancer Society. All system employees continue to participate in the event, along with 15 volunteers from among the community.

Among the volunteers were two members of the system’s Board of Directors and their wives.

“It is such a small thing we do, but when it’s done and the dust settles, it’s a great feeling among all of us that just maybe we have made a

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Quality on Tap! - May/June 2013

17

Keep It Legal

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

Q:

We are a special utility district and our last board meeting agenda said 2012 instead of 2013; otherwise, the date and all subjects were correct and the agenda was posted according to the Open Meetings Act requirements. Are actions taken at that meeting valid?

A: Sec. 49.063 in the Texas Water Code applies to water districts, including SUDs, and says that “neither failure to provide notice of a regular meeting nor an insubstantial defect in notice of any meeting shall affect the validity of any action taken at the meeting.”

We did not find any cases or attorney general opinions interpreting this provision; however, if meeting attendance was normal or there were other indications that the typographic error did not cause the public to be deceived, it was likely an insubstantial defect.

Q: Our district has had the same contract operator in place for 20 years without a written contract. We never solicited bids in hiring this person. He is doing a great job for us and we would like to continue with the relationship. Are we required by law to do anything differently going forward?

Are we required to advertise and seek competitive bids for this position?

A: It’s a good idea to have a written contract in place between the contractor ’s company and the district detailing the obligations of both parties, what happens if there’s a dispute, and providing a contract term, preferably for a period of 5 years or less. A utility service operator contract is exempt from the competitive bidding requirements in Chapter 49 of the Water Code (See Section 49.278(a) (2)). We still recommend that the district solicit proposals at the end of each contract term or after every other contract term, depending on the length of the term, to ensure that the costs of the contractor are consistent with the market and that the contractor does not get too complacent. The board may always decide to enter into a contract again with the same operator, but soliciting proposals occasionally is in the district’s best interest.

TCEQ guidelines allow “reasonable expenditures for ordinary advertising, contributions and donations.”

In Attorney General Opinion JC-0255 (2000), the Attorney General discusses a 1960 Texas Appeals Court decision that considered whether a governmental entity substantially complied with the notice requirements of the Open Meetings Act when the entity, due to a typographic error, stated that the budget to be considered at the meeting was from 1959 rather than 1960. The court held that if the meeting was well-attended, the citizens were able to address the budget questions fully and the error complained of was a harmless good faith mistake, there was substantial compliance with the notice provisions.

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Quality on Tap! - May/June 2013

Q: May a water supply corporation make a small donation to a school district?

A: A WSC generally should limit expenditures to those purposes for which it was created. That being said, a small donation

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to a school district or a 4H club may provide good will within the community and therefore provide a benefit to the utility. TCEQ rules for investor-owned utilities, which we look to as guidance, allow “reasonable expenditures for ordinary advertising, contributions and donations;” and “funds expended in support of membership in professional or trade associations, provided such associations contribute toward the professionalism of their membership.” See 30 TAC Section 291.31(b) (1)(E)&(F).

State law prohibits corporate expenditures for political candidates, which includes donations to TRWA’s Political Action Committee (PAC), which only accepts checks from individuals. I caution against water supply corporation funds being donated to any political or religious causes.

As a final note, a WSC is not allowed to include a “voluntary contribution” option

in a utility bill to provide money to any organization other than one that is providing emergency services, which includes firefighting and emergency medical services, as specified by Texas Water Code Section 67.017. Solicitation for voluntary contributions to volunteer fire-fighting or emergency medical services must include notice information to the customers as set forth in Section 67.017.

Q: We have a customer who pays the portion of their water bill pertaining to their usage, but refuses to pay the late fees.

How should we handle this?

A: We recommend that you disconnect service with notice as per your tariff or service policies for failure to pay utility services.

We also recommend that your board adopt a policy that provides that any payments received are first applied to late fees and past due charges and then to current usage.

Continued on page 20 Quality on Tap! - May/June 2013

19

Continued from page 19

Q: Is there any rule or law about disposal of old records that applies to special utility districts? I know there is a required records retention schedule, but I’m unsure of how to properly discard records.

A: Once records are ready for disposal in accordance with the district’s Records Retention Schedule, Section 202.003 of the Local Government Code provides that records may be destroyed by burning, shredding, pulping or burial in a landfill.

Records may also be disposed of by sale or donation for recycling purposes unless they are considered confidential under the Public Information Act, in which case they must be destroyed only by burning, pulping or shredding.

A district or other local government entity that sells or donates records for recycling purposes must establish procedures for ensuring that the records are rendered unrecognizable as government records by the recycler.

Even though water supply corporations are not required to abide by the State Library & Archives Commission retention schedules and the above disposal requirements, these serve as good guidelines for water supply corporations to follow when they are adopting policies on these issues.

For more information, you may contact the State Library & Archives Commission at 512463-7610.

Q: In your last column, regarding the previous employee of a WSC who was fired for a positive drug test and now wants to run for director, you suggest that the board propose a bylaw change “to the membership for voting on at the annual meeting and election.” The Water Code doesn’t require that bylaw changes be voted on by the membership, and the Nonprofit Corporation Act specifically allows for bylaw changes to be enacted 20

Quality on Tap! - May/June 2013

by the board of directors. For years I have included in my client’s bylaws a provision allowing for the directors to amend the bylaws. Am I overlooking something? Do you really need the membership to vote on bylaw changes?

A: Thank you for this follow up question.

The United States Department of Agriculture model bylaws that many of our member water supply corporations adopt and TRWA’s bylaws both require that the members approve any bylaw changes, so this is the requirement I am used to working with. I agree that if a corporation’s bylaws do not contain this requirement, the board of directors may amend the bylaws in accordance with the Business Organizations Code Section 22.102.

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

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TRWA Summer Conferences Promise to Educate, Engage and Develop

By Nickie Morgan, Texas Rural Water Association

I

f you have not already, now is the time to register for the top summer training events for rural water/wastewater professionals. The 2013 Office Professionals Conference is set for June 20-21 in San Antonio, and the 2013 Training and Technical Conference will be held in Galveston on July 17-18. Online registration is now available for both events.

The Office Professionals Conference is geared toward office staff and will center on topics most pertinent to the day-to-day operations of a utility office. Day one offers a full day of educational sessions focusing on situations and business scenarios water and wastewater office staff commonly face. Topics will include rates, fees and charges, online billing and payments, building a website, communicating with different personality types, and billing policies. Day two kicks off with an informative session on the benefits and pitfalls of implementing a social media plan at your system, followed by a workplace safety session. The conference breaks just before lunch after an important session on consumer confidence reports and how to use them to your advantage. Attendees will then be free to explore the city and enjoy local attractions such as the Riverwalk, Six Flags Fiesta Texas, SeaWorld or the San Antonio

The Training and Technical Conference will be held at the Galveston Island Convention Center, overlooking the Gulf of Mexico.

Zoo. Early bird registration ends on May 29; after this date, online registration will still be available, but fees will increase slightly.

Less than a month later is TRWA’s Training and Technical Conference, which is designed with water system directors, managers, operators and office staff in mind. With a wide range of topics, anyone interested in the issues facing rural water can find sessions to suit their needs. Before the conference commences, Operator training, including Customer Service Inspections, Wastewater Collections and Water Utility Management, as well as Public Funds Investment Act training will be made available at the Hilton Hotel beginning Monday, July 15 for those interested in earning extra continuing education credits. Operator training courses range from 16 to 20 hours each, and Public Funds Investment Act initial and renewal courses range from four to six hours. These sessions all require separate registration.

Also before the conference is the AIA Insurance Agency/TRWA-sponsored golf tournament on Tuesday, July 16 at the Galveston Country Club. Preregistration for

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Quality on Tap! - May/June 2013

this event is required. All proceeds from the tournament benefit the Texas Rural Water Political Action Committee.

The conference itself begins on Wednesday, July 17 and offers two days of both technical and managerial topics, as well as an update on this year ’s Legislative Session. Technical topics include sessions on cross-connection and backflow challenges for rural water systems, water treatment optimization, field sampling and testing procedures, and new line construction, extensions, disinfection and testing. Managerial topics, such as problem solving, troubleshooting, decision making and leadership, will also be covered. Make arrangements to attend the Training and Technical Conference by June 14 to get the early bird rate and save on registration!

Please note that TRWA no longer handles hotel reservations and attendees must contact the hotels directly to book your room.

The Omni La Mansion Del Rio is handling

reservations for the Office Professionals Conference. To make accommodations for the Training and Technical Conference, you may contact the San Luis Hotel or the Hilton Galveston Hotel. The Omni and San Luis hotels have been offering a special discounted rate for TRWA conference attendees; however, these room blocks are both currently full.

Please check back with your hotel before the early bird deadline to check for cancellations.

As of printing of this article, the Hilton Galveston Hotel still has rooms at the TRWA discounted rate. Be sure to mention the Texas Rural Water Association to ensure you get the discounted rate if rooms are available.

A full agenda for each of these conferences and online registration can be found at www. trwa.org. Contact Nickie Morgan, TRWA membership director and meeting planner, at 512-472-859 if you have any questions.

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TRWA Briefs Participate in the 2013 Salary and Rate Study Survey We have been working hard to develop a new TRWA Salary and Rate Study Survey for 2013! We have listened to feedback from members and have improved the survey to include questions on fire flow and fire hydrants. Keep an eye out for the survey in your mailbox in June.

This survey is only as good as the information that goes into it, so we need your participation to make this a useful tool. The more responses we receive, the greater confidence we have in the accuracy and relevance of the results, translating into a more useful tool for your system.

All responses will be confidential and survey responses will be destroyed after we have registered the results. As a token of our appreciation, we are offering one complimentary copy of the Salary Survey Report and Rate Study Analysis to each participating system.

Please respond to the survey by August 16, 2013 to ensure your data is included in the report. If you have questions about the survey, please contact Allison Kaminsky, communications director for TRWA, at Allison.

Kaminsky@trwa.org or at 512-472-8591

Announcing the New TRWA Mobile Site for Smartphone and Tablet Users TRWA is now offering a new mobile optimized website specifically aimed at smartphone and tablet users across Texas.

People visiting www.trwa.org via smartphone and tablet devices (Android, Blackberry, Apple and Windows) will be automatically redirected to the association’s new mobile-friendly site.

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Quality on Tap! - May/June 2013

If you don’t find what you are looking for, you can always access our full site with the click of a button.

Bookmarking our mobile site will offer you quick and easy access to TRWA resources on the go, including our training calendar, conference registration, our online magazine and our store. To bookmark our site, simply follow the directions below for your device: On iPhone • Launch the browser • Navigate to www.trwa.org. You should automatically be redirected to our mobile site.

• Tap the action button/share button at the bottom of your screen.

• Tap “Add Bookmark” to add to your bookmarks list OR tap “Add to Home Screen” for a TRWA icon to appear on your iPhone’s home screen for easy access.

On iPad • Launch the browser • Navigate to www.trwa.org. You should automatically be redirected to our mobile site.

• Tap on the action button/share button at the top of your screen.

• Select the “Add to Home Screen” menu item from the list.

• Click the “Add” button On Android • Launch the browser • Navigate to www.trwa.org. You should automatically be redirected to our mobile site.

• Press “Menu” and then select Bookmarks.

• To add a bookmark to your home screen for easy access, long press the bookmark and click “Add Shortcut to Homescreen.”

Please note the TRWA mobile site does not support proprietary browsers, such as Amazon Silk, used on the Kindle Fire. It does support all major browsers, including Chrome, Safari, Firefox and Internet Explorer.

“We are committed to meeting the changing needs of our members, and the launch of our new mobile site helps reinforce our online presence and adaptability to advances in technology,” said Allison Kaminsky, communications director for TRWA. We will continue to improve the functionality of our website to be as user-friendly and beneficial to our members as possible. If you have any suggestions, feel free to e-mail them to webmaster@trwa.org.

TRWA’s Membership Directory Goes Digital The TRWA Membership Directory has always been a key part of our communications program, and this year we are taking it to the next level! Beginning in June, the 2013 Membership Directory will be hosted on our website at www.trwa.org. For the first time ever, members will be able to access searchable directories of TRWA Utility and Associate Members 24 hours a day, seven days a week from any computer, smartphone or tablet with Internet access. A downloadable PDF version of the directory will also be available.

searchable directories will be separated into Utility Membership and Associate Membership and offer enhanced features, such as realtime functionality, a simple search facility and easy navigation. Listings will continue to include information that is of great value to our members and will facilitate member interaction. In a couple of clicks you can find out who is a member and check their contact details. You can search by organization name, address, postal code, county or TRWA district. One of the added benefits of the new online directories is that they will be updated and maintained throughout the year so our members have access to the most up-to-date information TRWA has on our industry. The PDF format will be similar to the formats you have seen in the past and will be updated on an annual basis.

“Moving the directory to an online format has so many benefits for our members. In addition to helping TRWA become more ‘green’ in our operations, it will allow us to make updates throughout the year if changes occur and extend our reach to a larger membership base,” said Nickie Morgan, director of membership and meeting planner for TRWA. “Now anyone with a login to our website can access this information anytime they would like.”

Contact information is based on data provided by our members. If you have any changes or corrections, please notify membership@trwa.org. We will update your member record and the correct information will be replaced in real-time. With your help, the directory will serve as a useful reference throughout the year.

If you have any questions about this transition, please contact us at 512-472-8591 or by e-mail at webmaster@trwa.org.

The online directories are password protected and limited to member use only. The Quality on Tap! - May/June 2013

25

Advertiser Index AIA Insurance Agency........................................ page 15 American Flow Control ................................................21 Capps Insurance Agency .............................................17 Childress Engineers .......................................................6 Daniel & Brown, Inc. .....................................................13 Dunham Engineering ...................................................25 Global Treat ...................................................................20 J.F. Fontaine & Assoc., Inc...........................................21 Jim Cox Sales, Inc. .......................................................23 Leonard Water Services, LTD ......................................21 Maguire Iron ..................................................................17 Pittsburg Tank & Tower Maintenance Co., Inc ...........21 Russell Drilling Co., Inc. ..............................................14 Tabor & Associates, Inc. ................................................8 Tank and Vessel Builders. ........................................... 11 Texas Aquastore ...........................................................19 TraC-N-Trol, Inc. ............................................................21 USA Bluebook ................................................ back cover Velvin and Weeks .........................................................22

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Quality on Tap! - May/June 2013

Plan Ahead CONFERENCES: June 20-21, 2013 Office Professionals Conference, Omni La Mansión del Rio, San Antonio, TX

July 17-18, 2013 Training & Technical Conference, Galveston Island Convention Center, San Luis Hotel & Hilton, Galveston, TX

October 8-9, 2013 San Antonio Fall Management Conference, Omni Colonnade, San Antonio, TX

November 6-7, 2013 Dallas Fall Management & Water District Conferences, Omni Dallas at Park West, Dallas, TX

OPERATOR TRAINING COURSES: Water Credit Courses Customer Service Inspections: Harlingen, June 11-12  Riverside, June 25-26  Galveston, July 15-17  Itasca, July 30-31 Groundwater Production: Pittsburg, June 4-6  Bishop, July 30-August 1 Surface Water Production 2: San Antonio, June 5-7  Sherman, June 18-20 Water Distribution: Pittsburg, July 9-11  Coldspring, July 23-25  Terrell, July 30-August 1

Water and Wastewater Credit Courses Valve and Hydrant Maintenance: Converse, June 11-13 Water Utility Calculations: San Antonio, June 12-14 Water Utility Management: Galveston, July 15-17 Water Utility Safety: Kenedy, June 25-27  San Antonio, July 24-26

Wastewater Credit Courses Basic Wastewater: San Antonio, June 26-28 Wastewater Collections: San Antonio, June 19-21  Galveston, July 15-17

Public Funds Investment Act Training Initial 6-Hour Training: Galveston, July 16 Renewal 4-Hour Training: Galveston, July 17

Quality on Tap! - May/June 2013

27

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