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