1. 1 Utility Board Training: Managerial Capacity

2. 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. 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. 4 MODULE 1 LEGAL RESPONSIBILITIES OF BOARD MEMBERS

5. 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. 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. 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. 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. 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. 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. 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. 12 MODULE 2 SAFE DRINKING WATER ACT (SDWA) and CLEAN WATER ACT (CWA) COMPLIANCE

13. 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. 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. 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. 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 1 st each year Checklist

17. 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. 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. 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. 20 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. 21 MODULE 3 BOARD RESPONSIBILITES AND BOARD MEETINGS

22. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 32 MODULE 4 OPERATIONAL AND UTILITY RECORDKEEPING

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

34. 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. 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. 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. 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. 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