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Utility Board Training: Managerial Capacity. Introduction. Request for training identified Local utility boards Funders Regulators Cooperative training effort Indiana Rural Community Assistance Program Alliance of Indiana Rural Water. Topics of Discussion. Four sections of discussion

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Presentation Transcript
introduction
Introduction
  • Request for training identified
    • Local utility boards
    • Funders
    • Regulators
  • Cooperative training effort
    • Indiana Rural Community Assistance Program
    • Alliance of Indiana Rural Water
topics of discussion
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
module 1
MODULE 1

LEGAL RESPONSIBILITIES OF BOARD MEMBERS

module 1 summary
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
board duties specific
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?
board duties basic
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
board duties basic continued
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
complying with the ada
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
board duties suggestions
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)
activity and resources
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
module 2
MODULE 2

SAFE DRINKING WATER ACT (SDWA)

and

CLEAN WATER ACT (CWA) COMPLIANCE

module 2 summary
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
safe drinking water act 1974
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
sdwa requirements
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
sdwa requirements continued
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
sdwa requirements continued1
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
clean water act 1977
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
compliance cwa and sdwa
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
resources
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)
module 3
MODULE 3

BOARD RESPONSIBILITES AND BOARD MEETINGS

module 3 summary
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
board responsibilities
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
public meetings
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
executive sessions ic 5 14 1 5 6 1
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
indiana open door law
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
parliamentary procedure
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
making a motion
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
time management
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.
how to participate as a good board member
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
activity and resources1
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
module 4
MODULE 4

OPERATIONAL AND UTILITY RECORDKEEPING

module 4 summary last one
MODULE 4 SUMMARY, last one
  • Operational and Utility Recordkeeping
    • Recordkeeping
    • Operational and Maintenance Records
    • Your Operator
    • Resources
recordkeeping
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
operation and maintenance records
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
working with your operator
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
resources1
Resources
  • All Resources at Table for Review
    • O&M Manual
    • As-Builts
    • Emergency Response Plan (Sample)
    • Utility Standards and Criteria Manual
    • Utility Consumer Policy
slide38
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