Quality on Tap - Special Convention Issue 2013

Quality on Tap! Special Convention Issue 2013

Industry Professionals Come Together to Make 44th Annual Convention a Success Also Inside: Texas Rural Water Day at the Capitol 2013 Texas Rural Water Research & Education Foundation Scholarship Recipients Announced

TRWA Today TRWA Board of Directors

TRWA Staff

Officers James Morrison President

Huntsville (At-Large)

Fred Aus Executive Director

Allison Kaminsky Communications Director

Clay Hodges Vice President

Greenville (Dist. 7)

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

Pat Allen Treasurer

Marion (Dist. 5) Tommy Carswell Secretary

Lufkin (Dist. 14) Scott Adams 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 Itasca Vacant 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! - Special Convention Issue 2013

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 Technical Assistance Director

Raymond Curtis Wastewater Trainer

Alex Eaves Wastewater Technician

Paul King Circuit Rider

Steven Mindt Technical Assistance and Training Specialist

James Smith Circuit Rider

William White Circuit Rider

Quality On Tap! 6

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

Features: 4 5

Ask Larry

10

Keep it Legal

22

Answers to your technical questions

Answers to your legal questions

Advertiser Index

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Plan Ahead

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TRWA’s Calendar of Events

On the Cover: Austin Mural © Skagen Brakhage.

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Indsutry Professionals Come Together to Make 44th Annual Convention a Success

By Allison Kaminsky, Texas Rural Water Association Nearly 500 attendees and over 100 exhibitors convened in March for the Annual TRWA Convention.

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Texas Rural Water Day at the Capitol

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2013 Texas Rural Water Research & Education Foundation Scholarship Recipients Announced

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On March 20, 2013, TRWA members, Board and staff visited the State Capitol to “Keep Texas Rural.”

The TRWREF Scholarship Committee reviewed over 50 applications before awarding this year’s scholarships.

Meet the Volunteers behind the Texas Rural Water Research & Education Foundation

By Jay Colingham, Texas Rural Water Research & Education Foundation Seven AmeriCorps volunteers are working hard to launch Foundation programs.

Quality on Tap! - Special Convention Issue 2013

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President’s Message Wow, what a Convention! To those of you who attended, thank you for showing up and showing out and I encourage you to bring someone with you next time. To those of you who could not make it, we hope you will join us next time, and that you will bring someone with you too!

The Legislative Rally was way beyond my wildest expectations.

Texas Rural Water Day was well received at the Capitol. We are still hearing positive feedback from your presence at the Capitol. While TRWA is well represented by an outstanding Lobby Team, it means so much more to have you, the people who vote back home, to tell your legislators and their staff your needs and issues. There is strength in local numbers. TRWA is right in the middle of an exciting and positive Legislative session. TRWA’s members are doing quite well so far, but as you know, things can change overnight. Please be ready and respond if we sound the alarm and ask for your help.

“We are still hearing positive feedback from your presence at the Capitol.”

I hope you accepted my challenge to meet some new people at the Convention. I encourage you to now build upon those relationships.

You can tap into a wealth of knowledge at the small cost of creating a relationship. If you couldn’t attend the Annual Convention, not to worry; you will have two more chances to network and get valuable training.

Save a place on your calendar for the upcoming Office Professionals Conference in San Antonio June 20-21 and the Technical Conference in Galveston on July 17-18.

I hope to see you soon,

James Morrison President, Texas Rural Water Association

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Letter from the Executive Director As I told the TRWA staff last week, the 2013 TRWA Annual Convention is the best one I’ve ever attended! Okay, so it was the only one I’ve attended. But I genuinely had a great time all week long. And I wanted to take this chance to thank so many who made it such a great week.

Thank you to all the TRWA members who traveled from every corner of our great state to be in Austin.

Thank you to all the exhibitors who do such a good job supporting our industry.

Thank you to everyone who attended the Annual Meeting. And a special thank you to NRWA Board President Doug Anderton and USDA – Rural Development Texas State Director Paco Valentin 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 important redistricting Bylaws issue and voted in Board member elections.

Thank you to all who attended the conference work sessions to learn more about the rules, regulations, financial, managerial and technical issues facing our industry.

Thank you to all who participated in the golf tournament and the Texas Rural Water PAC silent and live auctions.

Thank you to TRWA Board members for all their hard work at committee and Board meetings throughout the week. Thank you again to Dwayne Jekel and Leahmon Bryant for their dedicated years of service to the TRWA Board of Directors.

“Thank you for your time and input on so many issues of importance to TRWA”

Thank you to everyone who helped “Keep Texas Rural” during Rural Water Day at the State Capitol.

Thank you to TRWA staff for their tireless efforts at putting on such a great Annual Convention, including a memorable Annual Banquet.

Most of all, thank you for all your time and input on so many issues of importance to TRWA. I look forward to seeing many of you at the Office Professionals Conference in San Antonio on June 20-21, 2013 and at the Annual Technical Conference in Galveston on July 17-18, 2013. Make your plans to attend both of these great events now!

Fred Aus Executive Director, Texas Rural Water Association Quality on Tap! - Special Convention Issue 2013

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Industry Professionals Come Together to Make 44th Annual Convention a Success

By Allison Kaminsky, Texas Rural Water Association

W

ith nearly 500 attendees and over 100 exhibitors, the 44 th Annual Convention was one of the best-attended TRWA events on record.

The convention, held March 21-22 in Austin, included informative training sessions and networking opportunities, as well as an opportunity to see some of the latest technologies available for the water and wastewater industry.

Preconvention events started on Wednesday, March 20 with the annual TRWA/ AIA Golf Tournament. Held concurrently was Texas Rural Water Day at the Capitol (see page 13), which started with a Legislative Briefing Breakfast. During breakfast, attendees received information on proposed legislation before the 83 rd session of the Texas Legislature that would impact member utilities. Also held on Wednesday was the TRWA/USDA Engineering Conference, which offered the latest in engineering and environmental regulations updates. Membership reconvened on Wednesday evening for the Welcome Reception for all convention attendees and exhibitors at the Renaissance Hotel.

The convention officially kicked off on Thursday morning with the Opening General

Over 75 people registered to compete in Wednesday’s TRWA/ AIA Golf Tournament benefitting the Texas Rural Water PAC. 6

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Session. TRWA Board President James Morrison welcomed guests and performed the invocation. Paco Valentin, state director of USDA–Rural Development, then addressed membership and also presented former TRWA Executive Director Tom Duck with a plaque of appreciation for the partnership between USDA–Rural Development and TRWA under Duck’s leadership. Next on the stage was National Rural Water Association (NRWA) President Doug Anderton who highlighted TRWA’s relationship with NRWA and the importance of rural water on a national level.

Following TRWA tradition, Morrison surprised Anderton with customized cowboy boots to welcome him to the NRWA Board presidency and to our convention.

The presentation of the TRWA Excellence Awards and Texas Rural Water Research & Education Foundation Student and Operator Scholarships was next. Awards and Scholarships Committee Chairman Brian Macmanus presented award winners each with a plaque and prize money and formally recognized the recipients of the scholarships.

Award winners were: Alan Riedel of SS WSC for Operator of the Year; Deborah Scogin of SS WSC for Secretary/Office Manager

Members relax and enjoy the Welcome Reception after spending the day at Texas Rural Water Day at the Capitol.

TRWA Manager of the Year Will Rawlins of View Caps WSC

TRWA Office Manager of the Year Deborah Scogin of SS WSC

of the Year; and Will Rawlins of View Caps WSC for Manager of the Year. See page 14 for a complete list and details about this year’s scholarship recipients. Following the presentation of awards, TRWA Communications Director Allison Kaminsky gave a brief overview of TRWA’s social media efforts and encouraged attendees to follow TRWA online for real-time updates, including live tweeting from the Annual Convention.

The General Session gave way to the Annual Business Meeting led by Morrison.

The Business Meeting consisted of Board Committee Chairpersons delivering reports on the association’s activities for the previous year. The candidates up for election during the district caucuses were also announced during the Annual Meeting.

For the remainder of the morning, attendees visited the Exhibit Hall where more than 100 booths displayed the latest innovations in the water and wastewater industry, as well as the most recent information on utility regulations and funding. The Texas Rural Water Research & Education Foundation also had a booth, introducing the AmeriCorps VISTAs (see page 18) and discussing Foundation programs. Also in the Exhibit Hall was the Texas Rural Water Political Action Committee booth, which hosted an ongoing silent auction throughout the convention. Each year, TRWA members donate unique items to be auctioned off during the convention to support the Texas Rural Water PAC. The auction supports the association’s

TRWA Operator of the Year Alan Riedel of SS WSC

legislative efforts while allowing members to go home with fun and interesting items ranging from jewelry to hunting supplies.

Next on the agenda was the Members’ Appreciation Luncheon, where Morrison and TRWA Executive Director Fred Aus recognized two Board members for their years of service with the association. Retiring Board member Leahmon Bryant was there to receive his award for 16 years of service with the association, and Robert Jekel was there to accept the award for his father, retiring Board member Dwayne Jekel, for 30 years of service.

Afterward, breakout training sessions were held concurrently for members to choose from.

Afternoon sessions included a legislative update and sessions on long range planning, disinfection byproducts, the Texas Open Meetings Act, TCEQ operator license rules and how to prepare for a 1926(b) case. During breaks, guests visited the Exhibit Hall for chances to win cash prizes and to check their bids on the silent auction.

After a long day of events and educational sessions, attendees were invited to a social hour and a live auction benefitting the Texas Rural Water PAC. Among items auctioned were two vacation packages, one to Fredericksburg and one to Rockport, a Ruger .22 carbine rifle, a framed Texas map and a framed print of “Fight for the Waterhole,” a painting by Continued on page 8 Quality on Tap! - Special Convention Issue 2013

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Continued from page 7

Attendees visited the PAC Booth in the Exhibit Hall to bid on items in the silent auction.

Frederick Remington. After a lengthy bidding war, Aus agreed to donate an additional framed “Fight for the Waterhole” print to satisfy bidders. Both the silent and live auctions were successful, raising over $10,500 for the PAC. Immediately following the social hour was the Annual Banquet where guests could mingle with one another and enjoy dinner. Comedian Carl Hurley closed out the event with an entertaining stage show.

The Exhibit Hall opened bright and early for attendees Friday morning and offered breakfast and coffee. Delegates convened for the district caucuses at 8:30 a.m. to discuss district matters, host elections and consider a group of proposed Bylaws amendments recommended by the TRWA Board. To see the full text of

Those who visited the Foundation’s booth in the Exhibit Hall got to show off their skill.

the TRWA Bylaws proposition, members can visit www.trwa.org. The membership passed Proposition 1 (Modified) to amend the TRWA Bylaws and reelected James Morrison as an at-large director. District elections resulted as follows: District 5 reelected Pat Allen, District 7 elected Clay Hodges, District 10 reelected Barry Miller, District 11 elected Kevin Spence and District 15 reelected Kent Watson.

After the caucuses convened, educational sessions rounded out the morning with topics centering around CCNs, the Foundation’s new Hire a Veteran program and district supervision of water facilities. After lunch, two additional blocks of breakout sessions focusing on capacity needs, tariff service policies, social media, system finances, district service policies and fireflows brought the convention to close. Several courses throughout the convention were approved for TCEQ continuing education hours to benefit attendees.

“This was the best convention I’ve had the pleasure of working on for TRWA,” said Nickie Morgan, meeting planner and membership director for TRWA. “Convention is an excellent opportunity for the membership to get together and focus on the issues that are most important to them. Each year is better than the last.”

Kristi Hirsch, general manager for Fouke WSC, was one of our many cash prize winners in the Exhibit Hall.

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Thank you to all of the convention attendees and exhibitors for making this convention such an overwhelming success.

Recognizing Leahmon Bryant for 16 years of service on the TRWA Board.

Bud Ward, general manager for West Wise SUD, comes away from the Exhibit Hall with a $100 cash prize!

Delegates enjoying some down time at the Welcome Reception Wednesday evening.

Getting ready to head over to Rural Water Day at the Capitol.

TRWA Executive Director Fred Aus gives the background on his PAC auction donation, “Fight for the Waterhole.�

Wednesday at the Capitol keeping Texas rural.

Quality on Tap! - Special Convention Issue 2013

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

Q

: We have a customer with a large leak on the customer’s side of the meter. Our operators have talked to the customer about it and have emphasized the importance of getting it fixed, but the customer simply pays the bill and is not concerned about the usage.

The customer has used between 30,000 and 66,000 gallons of water monthly for the past six months. What steps do we need to take to encourage the customer to fix this leak?

A: This is a serious problem. The current TCEQ rules do not specifically address customer water leaks, but the rules do address health hazard conditions and potential contamination of water sources.

The water leak presents the potential for a cross connection. The water that leaks from the customer’s side of the meter could be drawn back into the system, particularly when high-demand activities like line flushing or firefighting are taking place. The water leaked from the customer’s side of the meter can potentially be siphoned back and reenter the distribution system.

hazards are discovered, they shall be promptly eliminated to prevent contamination of the water supplied by the public water system.”

If possible, take pictures of this leaking pipe or other evidence that could support that your system “has reason to believe that cross connections or other potential contaminant hazards exist.”

If the customer refuses to let your customer service inspector (CSI) on the property, you may wish to inform the customer that, to keep the rest of the system from being contaminated, a testable backflow assembly will be required at the customer’s meter and service will be disconnected until the assembly is installed and tested. This backflow assembly will be installed and tested at the customer’s expense, as well as the annual BPAT testing that is required for health hazard locations. If they refuse to fix the leaks on their side of the meter and it is documented, the system has to require the backflow assembly to contain or isolate this hazard threat.

“Your water system has an obligation to your other customers to keep their water safe.”

If this leak is in an animal feed lot, in or adjacent to a septic tank, fertilized garden or flowerbed, or other contaminant source, the system has no option but to eliminate the potential of this contaminant being connected to the public water system.

Chapter 290.46(j) of TCEQ’s rules addresses potential cross connections and states that “a customer service inspection certificate shall be completed...on any existing service…when the water purveyor has reason to believe that cross connections or other potential contaminant hazards exist.” The rule further requires that, “as potential contaminant 10

Quality on Tap! - Special Convention Issue 2013

Section 291.88(b)(j) of TCEQ’s rules provides that a customer’s service may be disconnected without prior notice “where a known and dangerous condition related to the type of service provided exists.” Section 291.88(a) also provides that a water system may disconnect service with notice for “violation of the utility’s rules pertaining to the use of service in a manner which interferes with the service of others.”

TRWA’s sample tariff and sample district service policy follow this language and allow water utility service to be disconnected without notice if the member refuses to allow a CSI to determine if a hazardous or dangerous situation exists. The tariff states service can be reconnected only when a CSI confirms no

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health hazard exists, the health hazard has been removed or repaired, or the health hazard has been isolated from the corporation’s water system by the installation of a backflow prevention device.

The tariff and district service policy also state “a line leak on the member’s side of the meter is considered a potential hazardous condition.” If the corporation conducts a customer service inspection and discovers such a leak is causing a health hazard, the tariff then allows the member up to five days to get the leak repaired or service will be disconnected without notice.

If prior notice is not provided, the first rule requires that written notice be posted as soon as possible after service has been disconnected at the entrance to the property, the place of common entry or on the customer’s front door, and also that it give the reason for disconnection. It is always best to provide notice prior to disconnection of the meter if possible, but the rules are clear that the system is obligated to protect the integrity of the water they serve. Your water system has an

obligation to your other customers to keep their water safe.

As a proactive measure, your system can create a newsletter or other type of educational material to be placed in the mail or in a newspaper describing what actions or inactions by customers may create potential harm, illness or death to the utility’s customers.

You may include the above mentioned rules or other publications on cross connections to substantiate the contamination threats associated with leaking pipes and other hazards.

Q: Are we required to maintain a chlorine residual? One of our staff is researching alternate disinfection methods, but I believe we will have to have a chlorine residual at the end of the line no matter what disinfection method we use. Is that correct?

A: Yes. The residual disinfectant concentration in the water entering the distribution system has to be sufficiently high Continued on page 12 Quality on Tap! - Special Convention Issue 2013

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enough to maintain at least 0.2 milligrams per liter (mg/L) free chlorine residual or 0.5 mg/L total chloramines residual TCEQ rules 290.104(f)(1) at the ends of their distribution system. There are alternate disinfection techniques to initially treat water when chlorine or chloramine is causing accelerated creation of TTHMs or HAA5 levels. These alternate disinfection processes, if approved by TCEQ, include ozone, ultra violet light, miox and a few other less-effective types. Even if one of the alternate disinfection techniques is used to initially treat the water, all systems still have to add chlorine or chloramine before the water is discharged into the distribution system.

All systems have to maintain a disinfection residual test at the ends of their distribution system of at least 0.2 mg/L free chlorine or 0.5 mg/L chloramine. See TCEQ’s Rules at Sec. 290.110(b).

Q: Our board president (whose husband is on the fire department board) called and asked if a customer sent me a letter asking me to apply any overpayment on his bill to the volunteer fire department, could I do that for him. I explained that the customer would have to write the request on his bill each month. The customer wants to write just one letter requesting this and have it put in his file. I do have the capability with our accounting software to flag his account so the message will pop up each month when I post his payment.

Our manager asked me to view the customer’s payments for the last few months and we noticed that he rounds his payment off to an even amount, so sometimes he has a credit of less than and sometimes more than the $4 voluntary donation that appears on the bill. Are we allowed to collect more than the $4 donation? Is this a legitimate procedure at all?

A: If I understand your question, your utility has already instituted a policy whereby the water system collects $4 each month per customer for the fire department. Water supply corporations may collect contributions on behalf of a volunteer fire department or emergency medical services pursuant to 12

Quality on Tap! - Special Convention Issue 2013

section 67.017 of the Texas Water Code, but must follow the procedures required by that Section. This includes notifying each new customer how they can make a contribution with their bill; informing them of the fire department to which the water system will deliver the contribution; making clear that it is a voluntary contribution; and stating that the contribution is deductible under federal income tax law. This notice must also be provided at least annually to all customers.

If the bill includes a $4 contribution, the bill must clearly state that the contribution is voluntary and may be deducted from the billed amount. Based on this requirement, I recommend that the contribution be a separate line item on the bill. The law is clear that the customer may deduct the contribution amount from their bill. So, it follows that the customer should also be able reduce or increase their contribution amount, writing in the new balance based upon their adjustment to the contribution. I recommend that your board address this issue to clearly define the policy and if there is a change or clarification in policy, that a clear explanation be included with the next billing cycle.

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

Texas Rural Water Day at the Capitol On Wednesday, March 20, nearly 200 TRWA annual convention attendees participated in Rural Water Day at the Capitol!

The day kicked off with TRWA Executive Director Fred Aus, Deputy Executive Director and General Counsel Lara Zent and Legislative Consultant Tom Duck hosting a legislative briefing breakfast where attendees got an in-depth look at proposed changes to current law and discussed TRWA’s legislative stance on these issues. All those in attendance received packets including talking points on key bills of interest and concern, a map of the Capitol, a directory, committee assignments and maps of State House and Senate districts.

Donned in our new “Keep Texas Rural” stickers, many attendees had set appointments in advance with their legislators to talk with them about their needs and concerns from a water utility’s point of view. They took with them tote bags assembled by TRWA staff that included information about who TRWA is and an overview of the bills we support and oppose as an association. They also contained an invitation to Wednesday night’s Welcome Reception. Every single Texas legislator received one of these bags, and we have had several positive responses thanking us for the bags and our visits.

Visiting with Senator Troy Fraser, Chairman of the Senate Natural Resources Committee.

In addition to individual appointments, a highlight of the day was visiting both the Senate Chamber and the House Chamber to hear resolutions recognizing March 20, 2013 as Rural Water Day! Shuttles ran continuously between the Capitol building and the Renaissance hotel between 9:00 a.m. to 4:00 p.m., giving everyone an opportunity to participate. Thank you to everyone who took the time to visit the Capitol during their trip to Austin and helped to make Rural Water Day a success!

In the Senate Chamber hearing Senate Resolution 13, recognizing March 20 as Rural Water Day at the Capitol.

Waiting outside of the House Chamber to hear House Resolution 1022 recognizing Rural Water Day at the Capitol.

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2013 Texas Rural Water Research & Education Foundation Scholarship Recipients Announced

S

ince 1999, the Texas Rural Water Association has been awarding scholarships to assist qualified individuals in their pursuit of continued education in the water and wastewater industry. The TRWA student and operator scholarship programs were recently transferred to the Texas Rural Water Research & Education Foundation (TRWREF), and this year marks the first recipients of the scholarships under the new administration. The programs still offer the same great benefits, but now have expanded eligibility requirements to extend to a larger pool of outstanding and worthy individuals interested in promoting the water/wastewater industry.

“When I was younger, I always enjoyed taking things apart to find out how it worked and I also enjoyed building things,” said Patrick. “When I came [to] the engineering field, I knew instantly that I had found the perfect match.”

This year, the Awards and Scholarship Committee reviewed over 50 applications from highly qualified students and operators. After careful consideration, the committee awarded seven student scholarships and four operator scholarships. Student scholarships are awarded in two installments: $500 for the fall semester and $500 for the spring semester.

Operators are awarded up to $250 in scholarship funds to cover the cost of an approved TRWA operator certification course. Learn more about this year’s scholarship recipients below.

Student Scholarship Recipients Patrick David Patrick graduated from Rockdale High School in Rockdale, Texas last May. He was valedictorian of his graduating class and was the senior class vicepresident. While in attendance, he was a member of the National Honor Society and the Fellowship of Christian Athletes and participated in varsity football, varsity golf and 4-H shooting sports. He also competed in the University Interscholastic League (UIL) Number Sense academic contest as a high school team member, and was also a team member and regional qualifier in the UIL Mathematics academic contest.

Patrick is currently in his first year of college at Texas A&M University in College Station and is studying electrical engineering. He is a member of the Institute of Electrical & Electronics Engineers (IEEE) and the IEEE Power & Energy Society.

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Micah Hubbert Micah represents Pleasant Grove Water Supply Corporation in Streetman, Texas. He will graduate from Fairfield High School in May among the top of his class. He participates heavily in Future Farmers of America (FFA) activities and is the chapter sentinel for the senior horse judging team, a market swine exhibitor, the head of the community service committee and a member of the chapter conducting team. He has received awards in Entrepreneurship in the areas of Environmental Science and National Resources Proficiency and Agricultural Proficiency, and was the second place winner in the Freestone County Soil and Water Conservation District Essay Contest. He is also a member of the national Beta Club.

Micah has been accepted to Texas A&M University in the College of Agriculture and Life Sciences and plans to attend in the fall. He has chosen to study

winning a prize in the Houston calf scramble to purchase a new Heifer. She is also on the wildlife and radio teams, and is a three time all-state winner for German duet acting and t-shirt design.

Amanda has already begun earning credits at Hill College, but ultimately plans on attending Texas A&M University in College Station as part of their new nursing program.

Kyle Koiner

bioenvironmental science to focus on the impact our rapidly expanding society is having on the environment.

“I wish to someday be an advocate for people and nature alike by choosing a career [that] will allow me to promote respect for the environment and the responsible conservation of natural resources,” said Micah. “I believe that society’s success is strongly linked to how well it protects these essential parts of life.”

Amanda Ince Amanda represents Hill County Water Supply Corporation and will graduate from Whitney High School in May among the top of her class. She is a chapter officer and active participant in FFA, including

Kyle is from Granbury, Texas and will graduate from Granbury High School in May. He is in the top 10 percent of his class and a member of the National Honor Society and the Fellowship of Christian Athletes. Kyle is the recipient of the Football Academic All-State Award from the Texas High School Coaches Association and the Ike Thomas Award for Excellence and Leadership in Classroom and on Field. He was also one of 20 participants in Workforce Industry Training at the Nuclear Power Institute, a statewide partnership led by the Texas Engineering Experiment Station.

Kyle has been accepted to Texas A&M University in the department of Physics and Astronomy and plans to obtain a Ph.D. in Physics. He is interested in studying the remote gathering of data, such as the temperature, sound speed and fluid dynamics as it relates to water conservation efforts.

“My goal is to devote my career to finding answers that are most pertinent to our society,” said Kyle.

Chase Moore Chase represents Thalia Water Supply Corporation and will graduate from Crowell High School in May. He is an active member of the student council, FFA and 4-H, serving in leadership roles in all three programs. He is also a member of the National Honor Society and on the football, basketball, track, golf and tennis teams. In addition to athletics, he also participates in community volunteer activities, such as the Thalia Memorial Park Association clean up and Holiday Angel Display.

Chase plans to attend Vernon College to pursue a degree in Agriculture or Engineering. He is interested in the changing landscape of Texas and would ultimately like to become a licensed surveyor.

“I have had the privilege of growing up in a farm and ranch family where I have gained love and Continued on page 16 Quality on Tap! - Special Convention Issue 2013

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earned honors in volleyball and tennis. She is also an active member of the student government, yearbook and Beta club. She has achieved academic awards in world history, mathematics and chemistry and also competed twice in the UIL Ready Writing academic contest.

After high school, Rylee plans to attend Texas Tech University in Lubbock. Her long-term goal is to be a physical therapist and to own her own clinic in a rural community.

“Players get injured all the time, and they need someone to help get them back on the court,” said Rylee. “I think helping people get back on their feet is a worthy endeavor.”

Lindsey Yazbek

respect for the land,” said Chase. “Studies say that Texas is one of the fastest growing states in America, and even in our rural area[s] we are seeing the changes to our landscape as the state prepares for the future.”

Rylee Rushing Rylee represents West Leonard Water Supply Corporation and will graduate from Leonard High School in June in the top of her class. She has been active in her school’s varsity sports teams, competing in varsity track, basketball, tennis and volleyball. She is the captain of the varsity volleyball team and has

Lindsey is from Kyle, Texas and will graduate from Jack C. Hays High School as valedictorian in June.

She is an AP Scholar, vice-president of the student body, vice-president of the National Honor Society and president of the Leo Club. She is also a member of the Varsity Choir, Spanish Honor Society, Math Club and Psychology Club. She has competed in UIL Current Events and Issues and Ready Writing/ Journalism academic contests and has served as the Girls State Representative for her school. She also received honors in the State Architectural Design Competition.

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Lindsey plans to obtain both Bachelor’s and Master’s degrees in Environmental Studies to ultimately become a sustainability manager for a major city in Texas. Her aspirations also include working for the EPA or an environmental activist group to help make and enforce various conservation policies and laws.

“Eventually I would like to run and outdoor learning center teaching students the importance of nature and the conservation of water and other natural resources,” said Lindsey.

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Operator Scholarship Recipients William C. Brozowski, II William is an operator for Certified Utility Operators.

He plans to use his scholarship to attend a Basic Water Works Operations course or a Wastewater Treatment course Charles B. Crafts Charles is a water operator at Maxwell Water Supply Corporation. He plans to use his scholarship to become a licensed Customer Service Inspector.

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Michael G. Schmidt Michael is the production manager for the City of Castroville. He plans to use his scholarship funds to gain the required licensing for is current position and better prepare for the future.

Congratulations to all 2013 scholarship recipients!

We encourage those of you who applied and did not receive a scholarship to reapply next year.

We appreciate those of you who contribute to the Foundation’s scholarship fund to make these programs possible. The Awards and Scholarship Committee will be accepting applications for the 2014 Student and Operator Scholarships in December.

Check back for more information at www.trwa.org and keep an eye out in the mail for your application packet.

Daniel J. Pepin Daniel is the general manager for Maxwell Water Supply Corporation. He plans to use his scholarship to attend a TRWA Customer Service Inspections class to better help him establish a cross-connection control program at his system.

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Meet the Volunteers behind the Texas Rural Water Research & Education Foundation

By Jay Colingham, Texas Rural Water Research & Education Foundation

T

he Texas Rural Water Research & Education Foundation, a 501(c)(3) charitable organization, was formed in 2011 by the Texas Rural Water Association to develop innovative research and education programs that provide rural water and wastewater utilities with resources to serve their communities effectively and affordably. As part of a partnership with the Corporation for National & Community Service, the Foundation was granted seven AmeriCorps Volunteers in Service to America (VISTA) fellowships for volunteers to build the infrastructure needed for rural water utilities to get the services that they need. For one year, the current team of VISTAs will develop the projects that make up the Texas Rural Water Research & Education Foundation. Join us in welcoming our AmeriCorps VISTA volunteers and thank them for their commitment.

Jessica Noelke, from Fredericksburg, Texas, graduated in May 2012 with a degree in Psychology from Texas State University.

She worked with YMCAs in various locations around the country and groups that aid homeless populations by teaching them about horticulture and other ways to improve their quality of life. In her role as a Veteran Job Training Project Specialist, Jessica hopes that she can help realize the Foundation’s vision of a Veteran Employment Program to employ veterans as water operators. This program is seen as a means to change people’s lives

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within the water industry and throughout rural Texas. Following her term with the Foundation, she wants to continue her education to focus on sustainability in hopes of becoming a park ranger or ranch operator on her family ranch.

Rashedah Mohammed is from Baton Rouge, Louisiana. In May 2012 she graduated from Louisiana State University with Bachelor’s degrees in International Studies and Political Science. Rashedah tutored English as a second language, worked as a head server at Chimes East Restaurant and volunteered as a lab tech at the Baton Rouge AIDS Society where she administered HIV tests.

As an AmeriCorps VISTA at the Foundation, Rashedah is a Veteran Job Training Project Specialist. She will be developing the Foundation’s Veteran Employment Program, creating a clear and accessible path for interested veterans to begin their training as water/wastewater operators in rural areas of Texas. Currently, she is making partnerships with veteran organizations and water/ wastewater systems in order to get veterans jobs in these fields.

Kendall Penndorf was born in Berkeley, California, but spent most of her life in Augusta, Maine. She is a 2010 graduate from the University of Maine at Augusta with a degree in English. Prior to joining AmeriCorps VISTA, Kendall was a receptionist and administrative assistant for the Maine Veterans’

Clockwise from top: Suzanne Gorey, Jessica Noelke, Kendall Penndorf, Jay Colingham, Rasheedah Mohammed, Hannah Holzwarth and Brandee Cooklin.

Homes – Augusta, the first of six state-wide facilities providing skilled nursing, rehabilitative and Alzheimer’s care for our nations’ veterans.

As a Foundation Development Specialist for the Texas Rural Water Research & Education Foundation, Kendall is working to build capacity for the Foundation through brand development, fundraising and partnership identification.

Brandee Cooklin is from Auburn, Ohio and graduated from Miami University of Ohio in May 2012. At Miami University, she studied International Studies and Environmental Science and was active on the university’s competitive ice skating team and in her sorority. Before joining AmeriCorps as a VISTA, Brandee completed a research internship at the Environmental Law Institute in Washington, D.C. In her role as a Foundation Development Specialist, Brandee is working on developing the Foundation’s branding and marketing plans, finding and obtaining funding opportunities, and growing the Foundation’s research and education programs.

Suzanne Gorey was raised in Somers, New York in Westchester County. She attended the State University of New York at Binghamton, receiving a Bachelor’s degree in Literature and Global Culture from the Harpur College of Arts and Sciences. Suzanne served as an intern for Harpur Palate, the university’s literary journal, and as lead editor and treasurer of a creative arts publication outside of her studies.

She is currently serving at the Foundation’s Classroom Course Development Specialist and is updating and revising training manuals for instructor-led courses for the water and wastewater utilities operations industry. She hopes to assist water system operators and managers in providing safe drinking water throughout their service areas by expanding on existing literature and interviewing subject matter experts.

Hannah Holzwarth grew up in Milford, Connecticut. At a young age she began experimenting with the Web and making basic websites to showcase her art. She attended New York University’s Tisch School of the Arts and earned a Bachelor of Fine Arts in Photography and Imaging. While in attendance, she worked as a technical assistant to the department, as well as a scanner and archivist for the university’s Department of Art History.

Hannah is currently creating online courses for the Foundation as the Online Course Development Specialist. Her goal is to ensure that the Foundation’s online courses are effective learning tools that can be easily accessed by those wishing to fulfill the hours needed to become certified operators. She also aims to add a new level of interactivity for these courses and make them more userfriendly.

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Jay Colingham was born and raised in Sammamish, Washington. He holds a Bachelor of Science from the University of Puget Sound and a Master of Public Health from Tulane University. Jay’s interest in water utilities draw from his grandfather, who founded a rural water utility and spoke about water rights surrounding their well, aquifer and surface water pumps.

In 2010, Jay moved to Dushanbe, Tajikistan to provide support for 12 Water User Associations and assess water systems in rural villages.

He provided regional support for three water systems in construction near Bishkek, Kyrgyzstan and made community contacts for potential water systems in Kazakhstan.

Jay provided analytical chemistry services to Tulane University in monitoring the health of the wastewater treatment facility of the Sewerage and Water Board of New Orleans.

Later, Jay served as a Research Associate AmeriCorps VISTA for an air quality non-profit called the Louisiana Bucket Brigade. The Texas Rural Water Research & Education Foundation welcomes Jay on as a VISTA Leader to support Caldwell_TX RWA_Mag_Jan 2013_B&W.pdf 1 2/27/2013 11:49:52 AM guide the team of AmeriCorps volunteers and

them through a successful year with our program.

Rural water utilities should look forward to the new tools and resources provided by the Texas Rural Water Research & Education Foundation team in the upcoming year. Many representatives met the VISTAs at our 44th Annual Convention in Austin last month. We anticipate great things from this vibrant young group and are excited to keep you updated on their progress in the future. If you have any questions or if you have ideas about how the Foundation can best serve your system, please contact Foundation@trwa.org.

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

Q

: We are in negotiations with developers of a subdivision in our CCN who want to install a wastewater plant and sell the grey water as non-potable irrigation water for people who purchase homes there to use for watering their lawns.

They are considering drilling a shallow well as a backup supply for this purpose. Is this a violation of our CCN? If we allow this, are we setting a bad precedent that would jeopardize our CCN area?

A: It’s not a violation of your CCN for the developer to sell non-potable reclaimed water, but the system will be giving up that revenue stream. The developer would have to go through a permitting process at TCEQ in order to sell the reclaimed water through a piped system and there are a lot of regulations that they will need to comply with. The applicable rules are at 30 Texas Administrative Code Chapter 210 and the expert at TCEQ to consult with on this issue is Louis Herrin. He may be reached at 512-239-4552. In preparing this response, I visited with Louis who advises that your water system hire a lawyer to draft a contract that complies with the Chapter 210 rules and that protects the water system’s rights on this issue.

Here is a summary of the Chapter 210 requirements. Pipes laid for a reclaimed water system have to be 4 feet from the drinking water lines. Typically, when the lines are being laid, the water line and the wastewater line will be 9 feet

apart with the reclaimed water line in the middle of those. Pipes for reclaimed water are required to be purple. In a reclaimed water system, outside hose bibs and sprinkler system caps are also required to be purple. The outside hose bibs must be oversized so that a regular hose cannot be hooked into them (although people may buy adapters). Signage is required around the neighborhood stating that outside water is for watering only and not for consumptive use.

Similar warnings will be required to be placed in customers’ bills a couple of times per year.

Examples of communities in Texas that have these systems in place are the City of Odessa, Corpus Christi, and Lakeway (near Austin).

TRWA technical staff have some other cautionary advice regarding this issue that I am including in this response. In the agreement with the developer, they recommend that you clearly state that water from the “backup” shallow well cannot be used for any purpose other than irrigation. The language should provide that if this water is sold as potable water to customers in your CCN area, it is a violation of the water system’s CCN, and the system will take legal action and seek damages.

Our main concern is cross-contamination. In addition to the Chapter 210 requirements, TRWA staff recommends that backflow prevention devices be installed and the system verify that there is no possibility of interconnects. The agreement should also specify that there be

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a backflow assembly devise installed on the shallow well to keep effluent from the wastewater treatment plant from going into that shallow well. The system also needs assurance from the developer that the new lot owners are informed that under no circumstances can this “irrigation” water be connected to any potable water line inside or outside the house. We also recommend that the agreement provide that any time the “purple pipe” is laid or extended, the water system must be contacted to locate their water lines to ensure that proper distances are maintained.

Monitoring the cross-connection concerns may end up being a headache for your system in the long run.

Q: A previous employee who was dismissed for a positive drug test wants to run for a board of director position on our water supply corporation. Can we prevent him from running? Can we add a prohibition that addresses this issue to our bylaws?

A: There is nothing in the law that prohibits a former employee who was dismissed for a positive drug test from running for a position on the WSC’s board.

Your board may decide to submit a proposed bylaw change to the membership for voting on at the annual meeting and election; however, it would not apply to this former board member’s eligibility for the current election. Your board may want to consider somewhat broader language such as, “a former employee who is dismissed for cause is not eligible to serve on the board of directors.” The bylaw amendment would take effect upon passage by the membership. If worded in this way and the amendment passes and this person wins the election, he would have to step down from the board and be replaced through appointment by someone who is eligible.

Q: I have an office employee who is the assistant office manager, but she does not have a driver’s license. I need this person to run errands for the corporation. She used to have one, but she didn’t renew it and she doesn’t want to start all over again with taking the driving test. Can I make her get one?

A: Do you have a job description which contains minimum requirements for this position?

Continued on page 24 Quality on Tap! - Special Convention Issue 2013

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Many employment positions require that a person have a valid driver’s license because it is necessary to perform the job functions.

We recommend that you have a current job description with minimum necessary requirements for each of your employees.

I recommend that you write a letter to this individual (& keep a copy for her personnel file) stating that having a valid driver’s license is a requirement of this job position and that if she does not obtain her license by “x” date, that this will be grounds for termination. The corporation also may offer to pay the necessary fees involved and allow her to take courses during work hours, to assist her in this endeavor.

If she has suffered from a disability or has another valid medical reason for not being able to fulfill this requirement, my response would be different. The corporation would first be required by law to provide a reasonable accommodation for the disability by finding work that she could do for the corporation that does not involve driving.

Only if the corporation does not have this type of work on a full time basis, could you pursue termination.

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Advertiser Index AIA Insurance Agency......................................... page 21 Burgess & Niple.............................................................22 Capps Insurance Agency..............................................17 Caldwell .........................................................................20 Childress Engineers......................................................25 Chlorinators Incorporated............................................25 Daniel & Brown, Inc.......................................................20 DeepSouth Coatings.....................................................24 DN Tanks........................................................................25 Dunham Engineering....................................................12 Hayes Engineering........................................................18 J.F. Fontaine & Assoc., Inc...........................................24 Jim Cox Sales, Inc.........................................................23 Leonard Water Services, LTD.......................................25 Maguire Iron...................................................................25 Pittsburg Tank & Tower Maintenance Co., Inc............18 Russell Drilling Co., Inc................................................25 Smith Pump Company, Inc...........................................24 Tabor & Associates, Inc................................................25 Tank Builders, Inc..........................................................22 Texas Aquastore............................................................ 11 TraC-N-Trol, Inc..............................................................20

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Quality on Tap! - Special Convention Issue 2013

Plan Ahead CONFERENCES: June 20-21, 2013

Office Professionals Conference, Omni La Mansión del Rio, San Antonio, TX

July 17-18, 2013 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

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2013 Office Professionals Conference

Omni La Mansion Del Rio San Antonio, Texas June 20-21 Registration Now Open!

Visit www.trwa.org for Details