Utility Board Training: Managerial Capacity

1. Utility Board Training: Managerial Capacity

2. Introduction • Request for training identified • Local utility boards • Funders • Regulators • Cooperative training effort • Indiana Rural Community Assistance Program • Alliance of Indiana Rural Water

3. Topics of Discussion • Four sections of discussion • Legal Responsibilities of Board Members • Safe Drinking Water Act and Clean Water Act Compliance • Board Responsibilities and Board Members • Operational and Utility Record-Keeping • Two 45-minute sessions • Two modules in each session • Questions at any time

4. MODULE 1 LEGAL RESPONSIBILITIES OF BOARD MEMBERS

5. MODULE 1 SUMMARY • Legal Responsibilities of Board Members • Specific Legal Functions – Indiana Code • Ten Basic Legal Functions of a Board • What is ADA? • Practical Utility Board Suggestions • Resources

6. Board Duties: Specific • Types of utility boards • Regional Sewer and Water Districts • Conservancy Districts • Utility boards (incorporated city or town) • Non-profits • Water Authorities • Duties described in Indiana Code for each • Who do we have in the audience?

7. Board Duties: Basic • Compliance • Business by the board is binding • Avoiding conflicts of interest • Abstaining from votes • Conflicts filed with clerk • Vigilant accounts management and documentation • Revenues cover costs, debt and debt reserve • Rate review is a necessity • Function as business: maintain operations and satisfied customers

8. Board Duties: Basic (continued) • Each member responsible • Remaining in charge and knowledgeable of operations • Well-being of system • Operate within legal framework • Legal responsibility to protect utility assets • Validate all major contracts • Attend all board meetings

9. Complying with the ADA • What is the ADA? • Existing facilities: Program Accessibility • If it’s not, do the following: • relocate the program or activity to an accessible facility • provide the activity, service, or benefit in another manner that meets ADA requirements, or • make modifications to the building or facility itself to provide accessibility • Provide public notice about ADA requirements • Complying with the ADA • complete a self-evaluation • by January 26, 1993 • ADA Guide for Small Towns included

10. Board Duties: Suggestions • Require attendance of the team-beyond the board • Require agenda to list items requiring action • Read minutes and make sure they’re correct • Conduct annual audit • Review statements and insist on explanations • Require monthly operating reports/expenses • Require work order system • Allow for public comment at end of regular business • Create by-laws (examples)

11. Activity and Resources • “Good Board Member” activity • Resources • ADA Guide for Small Towns www.usdoj.gov/crt/ada/smtown.htm • Indiana Code citations for Utilities • By-law requirements for Utilities

12. MODULE 2 SAFE DRINKING WATER ACT (SDWA) and CLEAN WATER ACT (CWA) COMPLIANCE

13. MODULE 2 SUMMARY • Safe Drinking Water Act (SDWA) and Clean Water Act (CWA) Compliance • SDWA • Consumer Confidence Reports (CCRs) • CWA • National Pollutant Discharge Elimination System (NPDES) • Compliance • Activity and Resources

14. Safe Drinking Water Act, 1974 • For the protection of drinking water • Standards of purity • Systems with > 25 customers or 15 connections • Jurisdiction of IDEM: enforces SDWA

15. SDWA Requirements • Meet MCLs and/or use treatment to do so • Obtain permit to establish system • Provide testing as prescribed in permit • Maintain records • Water testing • Water withdrawal • O&M

16. SDWA Requirements (continued) • Submit required operational reports to IDEM • Public notification for any failure • Boil water (main break, water pressure) • MCL exceedance notice • Consumer Confidence Report • July 1st each year • Checklist

17. SDWA Requirements (continued) • Consumer Confidence Report Checklist • List source and susceptibility • How to obtain Source Water Assessment • Level and standard of contaminant • Source and health effects of contaminant • Steps to remediate • Statement to avoid Cryptosporidium • Information on nitrates. Arsenic and lead if detected above 50% EPA standard • Compliance information • EPA hotline telephone number

18. Clean Water Act, 1977 • CWA amendment of the Federal Water Pollution Control Act, 1972 • Regulates discharges of pollutants to waters of the US • Unlawful for point source discharge into waters without an NPDES permit • Allows EPA to delegate to state primacy: permitting, administration, enforcement • EPA retains oversight responsibilities

19. Compliance: CWA and SDWA • Clean Water Act • Board should receive Monthly Reports of Operations (MROs) and Discharge Monitory Reports (DMRs): signed by operator and board president (example) • Valid NPDES permit: renewal and payment • Testing parameters of NPDES met • Safe Drinking Water Act • Board should hear internal report and verify REPORT OF OPERATION sent to state (example) • Water: SIGNIFICANT WATER WITHDRAWAL Registration, once-DNR, 1 day/100,000 gallons or more (example) • CWA and SDWA • Valid permit to operate • Operator has appropriate credentials • Board to become familiar with operations and testing parameters-system performance

20. Resources • Resources • Consumer Confidence Fact Sheet (water) • Consumer Confidence Report examples • Report of Operations (water) • DNR Significant Withdrawal Registration (water) • MROs and DMRs (wastewater) • NPDES permit (wastewater) at table for review • Regulatory Advisories (water and wastewater)

21. MODULE 3 BOARD RESPONSIBILITES AND BOARD MEETINGS

22. MODULE 3 SUMMARY • Board Responsibilities and Board Meetings • Responsibilities • Meetings • Open Door Law for public entities IC 5-14-1.5 • Parliamentary Procedure • Making • Motions • Decisions • Good board member characteristics • Activity and Resources

23. Board Responsibilities • Compliance with Indiana and Federal law • Developing and enacting policies • Setting and enacting annual budget • Hiring and maintaining staff • Keeping and maintaining records • Provide meeting place

24. Public Meetings • Reasonable recommendations • Monthly meetings held on same day of each month • Set agenda of discussion and action items prior to meeting for board to review • Post agenda to promote public participation • Adhere to the agenda and make time for public comment • No action taken on issue brought to board from public until on agenda for next meeting • Held in compliance with the Indiana Open Door Law which regulates public agencies • Executive sessions according to statute and decisions at next board meeting

25. Executive Sessions IC 5-14-1.5-6.1 • Public notice 48 hours in advance • date • time • location • and issue “authorized under the Open Door Law” • Final action at next meeting made public • Allowable instances: • collective bargaining • initiation of litigation or pending or threatened litigation • implementation of security systems • Purchase or lease of real property by entity up to the time of contract/option/lease

26. Indiana Open Door Law • Indiana Code 5-14-1.5-1 • All public agencies must hold open meetings • No secret ballots • Agenda must be posted at entrance • Minutes must be taken • Public notice 48 hours in advance • Must be handicapped-accessible • Open Door Law, last update July 1, 2005

27. Parliamentary Procedure • Call to order • Opening ceremonies • Roll call • Standard order of business • Approval of minutes-previous meeting • Reading agenda-additions or deletions • Reading any board communications (mail) • Listen to customers wishing to speak • Report standing committees • Unfinished business • New business and resolutions • Good of the order • Announcements • Adjournment

28. Making a Motion • Member asks chair for recognition and makes a motion • Another member seconds the motion • Chair restates motion • Members debate • Chair asks for votes (yeas and nays) • Chair reports the result • Next item on agenda

29. Time Management • Making decisions • Use “consent” items: voted on as a block • Stay on task-follow agenda • Close discussion after reasonable amount of time • Be punctual: start and stop. The chair is responsible for getting through the agenda in an allotted time frame.

30. How to Participate as a Good Board Member • Read agenda and material before meeting • Arrive on time and no skipping meetings • Participate in discussion • Help keep discussion on track • Help with time management • Take serious the by-laws, rules and regulations • Vote thoughtfully • Keep board business confidential • Review draft minutes

31. Activity and Resources • “Knowing How” activity • Resources • Suggested procedures for Board Meeting Conduct • Meetings 101-Safe Drinking Water Trust eBulletin • Handbook on Indiana’s Open Door Law

32. MODULE 4 OPERATIONAL AND UTILITY RECORDKEEPING

33. MODULE 4 SUMMARY, last one • Operational and Utility Recordkeeping • Recordkeeping • Operational and Maintenance Records • Your Operator • Resources

34. Recordkeeping • Board must decide • What records must be kept and would like to keep • Where and how to store them • Who will have access • Logs to know who has records • Types of records • Legal • Financial • Managerial • Operational

35. Operation and Maintenance Records • Review this list with your operator • Have all necessary forms? • Have operator set up an easy to use filing system • Operation and Maintenance Manuals • Current As-Builts (prints of condition of system after construction) • Schematic Facilities Diagrams • Daily and Monthly Operational Data Records • Well Logs and Histories • Equipment Repair and Maintenance Records • Written Emergency Plan

36. Working with Your Operator • All systems require certified/licensed operators • Different levels of certification for different types/sizes of plants • No leaving operator “out to dry” or be too involved • Regular communication with operator for board to make good educated judgment • One board member assigned to operator • Operator at all board meetings

37. Resources • All Resources at Table for Review • O&M Manual • As-Builts • Emergency Response Plan (Sample) • Utility Standards and Criteria Manual • Utility Consumer Policy

38. Alliance of IN Rural Water P.O. Box 428  Beech Grove, IN 46107 Phone (888) 937-4992 www.inh2o.org Indiana RCAP 1845 West 18th Street Indianapolis, IN 46202 Phone (800) 382-9895 www.incap.org