awbd mid winter conference

Transcription

2009 AWBD
Mid Winter Conference
Notebook
January 23-24
Austin, Texas
Table Of Contents
Welcome Letter
Member Survey
Announcements
Conference Access
No Children Policy
Guest Policy
Expected Behavior Policy
Member Comments
Welcoming Reception
Seminar Evaluations
Additional Conference Notebooks
Annual Conference Information
Nominating Committee Workshop
Saturday Night Dinner and Dance
Calendar Of Events
General Information
AWBD Office Information
AWBD Staff
Meeting Information
Website
Legislative Contacts
Board of Trustees
Advisory Council
Mid Winter Conference Schedule
Mid Winter Seminars
I ........... Welcome, Address ByThe Honorable Dan Patrick, Texas State Senator, and the Legislative
Update Presented by the AWBD Legislative Planning Committee
*
AWBD-Texas Disaster Preparedness Committee Post-Hurricane Ike Analysis &
Recommendations Executive summary
*
AWBD-Texas Legislative Principles
II-A ...... You Have To Sign A Tax Certificate - Do You Know What It Is?
II-B ...... Sanitary Sewer Overflow (SSO) Initiative/SSO Case Study: Acton MUD
II-C ...... District To District, Neighbor To Neighbor
III-A ..... Achieving An Energy Trifecta
Compliance, Efficiency & Disaster Preparedness
III-B ..... Life After Conversion To A Treated Surface Water Supply: Understanding The Challenges
III-C ..... Crisis Management
IV ........ Dealing With Disaster
Annual Conference Information
Emergency Procedures
Seminar Evaluations
- Disclaimer -
The materials contained in this 2009 AWBD Mid Winter Conference Notebook are compiled from various sources of
information available to the Association of Water Board Directors - Texas and from material submitted directly to the
Association by the various presenters of Mid Winter Conference seminars for the purpose of inclusion in this
Notebook as seminar proceedings. The opinions, representations and material contained herein do not
necessarily reflect the views of the Association, the Board of Trustees, or individual members, thereof, neither does
the Association nor the Board warrant the factual accuracy of all of the materials herein. Rea ders are encouraged
to read carefully, study the issues raised and come to their own conclusions.
ASSOCIATION OF WATER BOARD DIRECTORS - TEXAS
“Dedicated to the betterment of Texas water district operation
and management through education and unification.”
January 23, 2009
Welcome to the AWBD Mid Winter Conference!
The new year is underway with a lot of changes, beginning with this 2009 Mid Winter
Conference Notebook. For the first time, delegates will receive both the Notebook, which
contains basic Conference information, and a CD with all conference programs. By offering
this one-two combination, the Association ensures that delegates will realize the maximum
advantages the Conference has to offer - timely topics, expert presenters and critical
information at your fingertips in Austin and at home. The inclusion of the CD also gives every
delegate the firsthand opportunity to have all of the information presented at each of the
seminars that make up this outstanding event.
Since the 81st Texas Legislature has convened, it is fitting that AWBD is holding the
Conference in Austin. And, while the setting is familiar, there is no doubt the political
landscape has changed dramatically. With the outcome of the general election in November
and the political maneuvering that is typical of Texas politics, this session promises to be the
most interesting in years. Who can predict the impact of a new Speaker of the House,
especially one with an urban background? You can rely on AWBD and our legislative team
to provide a roadmap for this session, even though the scenery may be new.
In addition to the legislative update session and the line-up of seminars on topical issues and
the legislative session, AWBD presents a comprehensive look at “Dealing With Disaster,”
featuring the officials straight from the front lines of Hurricane Ike. No one but AWBD could
bring together this line-up of speakers to share their knowledge and experiences.
Rounding out the Mid Winter Conference are the social events and opportunities to renew
friendships and exchange ideas. What better way to start 2009 than with friends.
The AWBD Board of Trustees
ASSOCIATION OF WATER BOARD DIRECTORS - TEXAS
“Dedicated to the betterment of Texas water district operation
and management through education and unification.”
400 Randal Way, Suite 307, Spring, Texas 77388 — 281.350-7090
800.597-0122 FAX 281-350-7092 — www.awbd-tx.org
MEMBER SURVEY
Take a moment and complete the member survey. Your opinion and input are very important to AWBD,
especially in the areas of conference planning, knowing your interests and concerns. Return the completed
survey to the Check In Desk , mail it to the AWBD Office: 400 Randal Way, Suite 307, Spring, TX 77388 or
fax to 281.350-7092.
GENERAL
1. How do you feel AWBD can better serve you as a member? Are there any specific areas in which you
would like to see new initiatives?
2. How many AWBD events do you attend each year?
CONFERENCES
G
G
1. Would you be interested in chartering a bus to our conferences?
YES
NO
If YES, please provide your contact information (name, daytime phone and/or email address)
2. What are the three most important topics you would like AWBD to present?
A.
B.
C.
3. What else do you want to say about AWBD or its conferences?
- Continued on other side -
Join the AWBD KNOWNOW network. Subscribe to this information service and AWBD will e-mail or fax
you the latest news in the water industry and updates on AWBD events immediately. No waiting! Just
complete the section below and you’ll KNOWNOW!
G YES!
Sign me up for the KNOWNOW network. By completing this survey and the requested information
below, I give AWBD my permission to e-mail and/or fax me information of interest to members. I understand
that the KNOWNOW network is strictly monitored by AWBD to ensure I will not be subject to spam from their
sources and that the KNOWNOW subscription list will be kept confidential and will not be released to others.
Please write all information clearly and be sure and sign on the signature line.
Name:
Signature:
District/Firm:
Daytime Phone:
FAX number:
E-Mail:
AWBD Conference Notebook C 2009 Mid Winter Conference
Announcements
ANNOUNCEMENTS
There is no On-Site Conference Registration.
MID WINTER CONFERENCE INFORMATION
CONFERENCE ACCESS
Delegates must display Conference delegate badges or present appropriate tickets for
admission to Conference areas and activities. Guests of registered Conference delegates must
display appropriate official identification or present appropriate tickets for admission to AWBD
functions open to guests. Guests are not permitted in any AWBD seminars; admission to the
general session and scheduled seminars is for registered Conference delegates only. Please
cooperate with AWBD staff members and Conference security in enforcing these policies.
GUEST POLICY
Delegates are limited to one guest per delegate and the guest must be 21 years of age or older
to receive a guest badge and/or access to any function open to registered guests.
NO CHILDREN POLICY
Children will not be admitted to AWBD Conference areas or events at any time.
EXPECTED BEHAVIOR POLICY
It is the policy of the Association of Water Board Directors - Texas (“AWBD”) that attendees at
AWBD events are expected to exhibit reasonable behavior at all times. Attendees who engage
in disorderly conduct (including, but not limited to, profanity, threatening behavior, destruction of
property and any other type of misbehavior) are subject to removal from, and denial of
admission to, AWBD events.
MEMBER SURVEY
At the beginning of the Conference Notebook is a Member Survey Form for member input into
AWBD programming. Please take a moment to complete this form and return it to AWBD
Check In. Your responses will be of invaluable assistance in planning future programs and
presentations. Your e-mail address is requested also so that AWBD may send you information
of interest and importance to you and to your district. Your e-mail address is solicited for use by
the Association only. AWBD will not rent, sell or exchange your e-mail address with any third
party for any reason.
Announcements
WELCOMING RECEPTION
The Welcoming Reception is scheduled for registered AWBD delegates and guests on Friday
evening, from 5:30 - 7:00 p.m., January 23, 2009 in the Austin Grand Ballroom. Dress is
casual attire. Light snacks will be served and a cash bar will be open. Complimentary soft
drinks will be served. Be sure to wear your AWBD badge for admission. Registered guests may
attend the Welcoming Reception.
SEMINAR EVALUATIONS
A form for evaluating each seminar is included in a special section at the end of the Conference
Notebook. Please complete the evaluation at the conclusion of the seminar and leave it in the
meeting room where the session was held. Your comments are of great interest to the Program
Committee and are used to help with event planning.
ADDITIONAL CONFERENCE
NOTEBOOKS
If available, additional copies of this Conference Notebook, including the CD of all Conference
programs, may be purchased after the Conference at a cost of $25.00 each, plus shipping.
Contact the AWBD office after February 1, 2009 for availability and to place an order.
ANNUAL CONFERENCE
INFORMATION
The 2009 Annual Conference will be held in Corpus Christi, June 18 - 20. The Annual
Conference Registration Form and Emergency Form are included in the Notebook. Housing
information will be available on the AWBD website beginning February 1, 2009. AWBD does not
handle housing. The link to access housing reservations for Corpus Christi is
http://www.housingweb.net/RoomRequest.php?state=val_id&ID=2226
There will not be a housing form; housing will be handled through internet reservations.
NOMINATING COMMITTEE
WORKSHOP
The Nominating Committee Workshop will be held at 3:45 p.m. in Salon A. Members interested
in running for the Board of Trustees should attend this informative workshop. Three At Large
Trustees and Regional Trustees for Central and North Texas will be elected at the Annual
Conference in June in Corpus Christi. An informational handout including all eligibility
requirements, campaign regulations, deadlines and forms necessary to run for AWBD office will
be distributed at the Workshop. This material also will be available on the AWBD website after
the Mid Winter Conference.
Announcements
SATURDAY NIGHT DINNER AND
DANCE
Time:
7:30 – 10:30 p.m.
Location:
Austin Grand Ballroom
Tickets are required for admission. If ordered as part of your conference
registration form, tickets for the dinner and dance were included in your
conference materials distributed at Conference Check In.
Dress: Western
Attire
The Mid Winter Conference ends with its traditional dinner dance, giving delegates and
their guests a chance to enjoy great food and a great social event. Tickets are required
for admittance. If ordered in advance with your conference registration, tickets to the
Saturday Night Dinner and Dance were included in your conference materials distributed
at Conference Check In. Dress is western attire and the theme is country western, so
get ready to do the two-step in the heart of the Texas music scene.
Dinner will be served at 7:30 p.m. Door prize drawings will be held at 9:00 p.m. and you
must be present to win.
Calendar of Events
CALENDAR OF EVENTS
Note: If you are interested in attending a meeting of the Board of Trustees, be sure to call the
AWBD Office at 800/597-0122 or 281/350-7090 to confirm meeting locations and times.
For the most current information on AWBD events, consult the website www.awbd-tx.org
The Calendar of Events published here reflects scheduled events. AWBD events are subject to
change by the Board of Trustees. Please call the office with any questions, consult the AWBD website
and be sure to sign up for the KNOWNOW Network to receive e-mail notification of any changes or
important information in the most timely manner. See the Member Survey to sign up for the
KNOWNOW network or visit the website. It’s the fastest way to stay informed.
2009 January 23 -24
Mid Winter Conference, Austin
January 26
AWBD Office Closed
April 10 - 13
AWBD Office Closed
April 1
Spring Breakfast
April 2
Deadline for receipt of Candidate Information Form
May 5
Deadline for receipt of Resolutions nominating candidates for AWBD
Trustee election.
May 7
Deadline for “Early Bird” Registration for Annual Conference
May 13
Nominating Committee presents slate of Candidates to Board of
Trustees
May 25
AWBD Office Closed
May 28
Annual Conference registrations after this date incur late fee and are
not guaranteed seating at food functions nor receipt of registration
materials and hospitality items.
June 18-20
Annual Conference, Corpus Christi, Texas
June 22- 23
AWBD Office Closed
July 3
AWBD Office Closed
September 7
AWBD Office Closed
For more information about these or any other AWBD events, please contact the AWBD Office.
The AWBD office is located at 400 Randal Way, Suite 307, Spring, Texas 77388. The office
phone is 281/350-7090 or toll free 800/597-0122; FAX 281/350-7092.
Or, e-mail AWBD Executive Director Merry Leonard at mleonard@awbd-tx.org.
AWBD Conference Notebook • 2009 Mid Winter Conference
General Information
GENERAL INFORMATION
OFFICE
Association of Water Board Directors - Texas
400 Randal Way, Suite 307
Spring, Texas 77388
Office phone: 281/350-7090 or toll free 800/597-0122
FAX: 281/350-7092.
website: www.awbd-tx.org
e-mail: AWBD Executive Director Merry Leonard at mleonard@awbd-tx.org
STAFF
The AWBD staff is dedicated to assisting Association members in a professional and efficient manner
at any time - whether at a conference or in responding to questions during the rest of the year. Contact
staff members by phone or e-mail at any time.
Merry Leonard
Executive Director
mleonard@awbd-tx.org
Taylor Cavnar
Assistant Executive Director
tcavnar@awbd-tx.org
Beverly Drew
Administrative Support Manager
bdrew@awbd-tx.org
Denise Nance
Executive Assistant
dnance@awbd-tx.org
MEETING INFORMATION
If you would like a copy of the agenda, minutes and complete proceedings of the monthly meeting of
the Association's Board of Trustees, please write the Association at 400 Randal Way, Suite 307,
Spring, Texas 77388 or call the office, 800/597-0122 or 281/350-7090. A copy of the proceedings will
be mailed to any member district or firm. Copies are limited to one per member, however.
The Association Board of Trustees meets in Spring, Texas the second Wednesday of each month at
4:00 p.m. at the Association office. If you would like to attend the meetings, please call the
Association office in advance to confirm the meeting schedule.
General Information
UPDATE YOUR MEMBER INFORMATION
Be sure the Association office has your correct address and phone number. Have there been any
changes to your information? Keep the office up to date on you!
WEBSITE
www.awbd-tx.org
Check the website for the most current information on AWBD. The website is always your most up to
date source on Association events and on the water industry.
Visit AWBD at www.awbd-tx.org
LEGISLATIVE CONTACTS
David Kercheval, AWBD’s legislative consultant, should be notified of any contact you
make with a member of the Texas Legislature. This information is invaluable to the
Association and our membership in maintaining a strong presence with our elected
officials. David also is available to respond to member inquiries as you go about
establishing and maintaining a relationship with your legislators. When we keep each
other informed of our activities, it’s a win-win outcome.
Contact David Kercheval by email: david@awbd-tx.org
General Information
2008 - 2009 BOARD OF TRUSTEES
Trustees welcome members to contact them directly about any matter of Association concern or through the
AWBD office,
400 Randal Way, Suite 307, Spring, Texas 77388. The office phone is toll free 800.597.0122 or 281.350.7090.
PRESIDENT
Jim Haymon
Far Hills Utility District
(281) 350-7090
jhaymon@cebridge.net
EXECUTIVE VICE PRESIDENT
Richard D. Diehl
Harris-Galveston Coastal
Subsidence District
(281) 350-7090
FIRST VICE PRESIDENT
Greg Ordeneaux
Tax Tech, Inc
873 Dulles Ave., Suite A
Stafford, TX 77477-5710
281.499-1223 (voice)
281.499-1244 (fax)
greg@taxtech.net
SECOND VICE PRESIDENT
Jim Burke
Harris County MUD No. 366
(281) 350-7090
SECRETARY
Bill Blitch
SAMCO Capital Markets
11111 Katy Freeway, Suite 820
Houston, TX 77079
(713) 467-7344 (office)
(713) 467-3448 (fax)
blitch@swbell.net
TREASURER
Charles Garibay
Nottingham Country MUD
(281) 350-7090
CENTRAL TEXAS REGION
Frank G. Willingham
Kingsland MUD
(281) 350-7090
GULF COAST REGION
Shamarion M. Barber
Galveston County W.C.I.D. # 1
(281) 350-7090
NORTH TEXAS REGION
Neil J. Twomey
Trophy Club MUD No. 1
(281) 350-7090
WEST TEXAS REGION
John Navidomskis
Horizon Regional Municipal UD
(281) 350-7090
IMMEDIATE PAST PRESIDENT
Douglas M. Jordan
Harris County MUD No. 102
(281) 350-7090
Djordan@eprod.com
General Information
ADVISORY COUNCIL 2008 - 2009
Mark Adam, P.E., R.P.L.S.
AEI Engineering, Inc.
616 FM 1960 West, Suite 250
Houston, TX 77090-3037
281.350-7027 (voice)
281.350-7035 (fax)
mwadam@aeiengr.com
Joe B. Allen
Allen Boone Humphries Robinson LLP
3200 Southwest Frwy., Suite 2600
Houston, TX 77027
713.860-6400 (voice)
713.860-6401 (fax)
Roy Behrens
Mischer Investments, L.P.
9 Greenway Plaza, Ste 2900
Houston, TX 77046
713.802-7900 (voice)
713.864-0526 (fax)
royb@mischerinvestments.com
Robin S. Bobbitt
Johnson Radcliffe Petrov & Bobbitt PLLC
1001 McKinney, Suite 1000
713.237-1221 (voice)
713.237-1313 (fax)
Todd Burrer
Business Development
Southwest Water Company
12535 Reed Rd
Sugar Land, TX 77478
832.309-5120 (voice)
tburrer@swwc.com
Howard M. Cohen
Schwartz, Page & Harding, L.L.P.
Suite 1400
1300 Post Oak Boulevard
Phone: (713) 623-4531
Fax: (713) 623-6143
David Corbin, P.E.
Costello, Inc.
9990 Richmond, #N-450
713.783-7788 (voice)
713.783-3580 (fax)
dcorbin@coseng.com
Mark S. Froehlich, P.E.
Brown & Gay Engineers, Inc.
10777 Westheimer, Suite 400
Houston, TX 77042
281.558-8700 (voice)
281.558-9701 (fax)
mfroehlich@browngay.com
Bill Fry
Severn Trent Environmental
Services
14050 Summit Drive,
Suite 113
Austin, TX 78728
512.246-0498 (voice)
512.716-0024 (fax)
281.578-4273 (Houston office)
Phil Haag
Winstead Sechrest & Minick, P.C.
401 Congress Ave. Ste 2100
Austin, TX 78701
(512) 370-2862 (voice)
(512) 370-2850 (fax)
phaag@winstead.com
General Information
ADVISORY COUNCIL 2008 - 2009
Tim Hardin
Langford Engineering, Inc.
1080 W Sam Houston Pkwy N,
Ste 200
Houston, TX 77043
(713) 461-3530 (voice)
(713) 932-7505 (fax)
timh@langford-engineering.net
Mary Jarmon
Myrtle Cruz, Inc.
1621 Milam, 3rd Floor
713.759-1368 (voice)
713.759-1264 (fax)
mary_jarmon@mcruz.com
Samuel W. Jones, P. E.
Sam Jones Consulting, Inc.
1900 Gregg Lane,
Building A, Suite 6
Pflugerville, TX 78660
512.989-2200 (voice)
512.989-2213 (fax)
samj@sjctx.com
Trey Lary
Allen Boone Humphries Robinson LLP
3200 Southwest Frwy Ste 2600
Houston, TX 77027
713.860-6416 (voice)
713.860-6616 (fax)
tlary@abhllp.com
Thomas W. Lee
Assessments of the Southwest
PO Box 1368
Friendswood, TX 77549-1368
281.482-0216 (voice)
281.482-5285 (fax)
t.lee@aswtax.com
Donald Roseman
Perdue Brandon Fielder Collins & Mott,
LLP
1235 North Loop West, Suite 600
713.862-1860 (voice)
713.862-1429 (fax)
Patsy Waldrop
BKD LLP
2800 Post Oak Blvd.,
Suite 3200
Houston TX 77056-3049
713.499-4600 (voice)
713.499-4699 (fax)
pwaldrop@bkd.com
Advisory Council Emeritus
Myrtle Cruz
Myrtle Cruz, Inc.
AWBD Mid Winter Conference 2009
Conference Schedule C Page 1
AWBD MID WINTER CONFERENCE
(all events at Hilton Austin Hotel)
SCHEDULE OF EVENTS
January 23 - 24, 2009
Austin, Texas
Delegates must display Conference registration badges or tickets for admittance to all
conference functions; delegates are expected to comply with stated AWBD policy of expected
behavior at AWBD functions. No on-site registrations will be permitted. Guests are not admitted
to nor permitted to attend delegate only functions, such as continental breakfasts, coffee breaks
or seminars. Guests must be 21 years of age or older.
Children will not be admitted to the conference areas
FRIDAY, JANUARY 23, 2009
12:30 - 7:30 p.m.
1:00 p.m.
Conference Shuttle Service Runs
Continuous Loop
Between Conference Hotels
Conference Check In Opens
Pre-Function Area
Welcoming Reception
(One guest per registered delegate; advance guest
registration required; no guests will be registered at
the conference; no guests under the age of 21; no children permitted)
5:30 - 7:00 p.m.
Conference Check In Closes
7:00 p.m.
SATURDAY, JANUARY 24, 2009
8:00 a.m. - 5:15 p.m.
8:15 - 8:45 a.m.
8:00 a.m. - 12 Noon
Conference Shuttle Service Runs
Continuous Loop Between
Conference Hotels
Continental Breakfast
Delegates only will be admitted to the
continental breakfast; no guests will be
allowed in this area or at this function
Conference Check In Continues
Pre-Function Area
Complimentary Beverage Service For Delegates Only Throughout Day
Saturday, January 24, 2009 continued
Seminar Block I
8:45 - 10:00 a.m.
Welcome, An Address By The Honorable Dan Patrick, Texas State Senator,
and the Legislative Update presented by the AWBD Legislative Planning Committee
Mary Ann Hefner, Chair; Joe B. Allen, Robin S. Bobbitt, Jim Burke, Phil Haag, Teague Harris, III,
Gordon Landwermeyer, Trey Lary, Owen Parker, Donald Roseman and Neil Thomas, members.
Seminar Block II
10:15 - 11:15 a.m.
Fourth Floor, Governor’s Ballroom
SESSION II A
Salons A&B
SESSION II B
Salon C
You Have to Sign A Tax Certificate
- Do You Know What It Is?
Sanitary Sewer Overflow (SSO)
Initiative/SSO A Case Study: Acton
MUD
District To District, Neighbor To
Neighbor
Bill Blitch, SAMCO Capital Markets
Ann M. Levy,
Johnson Radcliffe Petrov & Bobbitt,
PLLC
Clint Bissett, P.E.,
Enprotec / Hibbs & Todd, Inc. (eHT)
Kimberly Laird, TCEQ
Todd A. Burrer,
SouthWest Water Company
Jim Gillam,
Severn Trent Environmental
Services, Inc.
David B. Rowe,
Water District Management, Inc.
SESSION II C
Salons D&E
Seminar Block III
11:30 a.m. - 12:30 p.m.
Fourth Floor, Governor's Ballroom
SESSION III A
Salons A&B
SESSION III B
Salon C
SESSION III C
Salons D&E
Achieving An Energy Trifecta
Compliance, Efficiency & Disaster
Preparedness
Life After Conversion To A Treated
Surface Water Supply:
Understanding The Challenges
Crisis Management
John D. Elder, III
LEGACY Energy Solutions
Lianne Lami, P.E., C.E. M.
BOCCI Engineering, LLC
Sunil Kommineni, Ph.D., P.E., BCEE
Trent J. Slovak, P.E., BCEE
Malcolm Pirnie, Inc.
Jeff Crilley,
Real News Public Relations
12:45 - 1:45 p.m.
Luncheon
(Delegates must present tickets for admission;
No tickets available at Conference in Austin)
Saturday, January 24, 2009 continued
Block IV
2:00 - 3:30 p.m.
Dealing With Disaster
State Emergency Response
Steven McCraw, Director, Texas Homeland Security
County Emergency Response
The Honorable Ed Emmett, County Judge, Harris County, Texas
The Honorable Robert Hebert, County Judge, Fort Bend County, Texas
The Honorable James Yarbrough, County Judge, Galveston County, Texas
3:45 p.m.
Nominating Committee Workshop
Salon A
Doug Jordan, Chair; Jim Haymon and Patsy Waldrop,
Members of the Nominating Committee
4:15 p.m.
Conference Adjourns
4:30 p.m.
Conference Shuttle Service Ends
7:00 p.m.
Conference Shuttle Service Resumes
7:30 - 10:30 p.m.
AWBD Dinner And Dance
tickets required for admittance
(must have pre-registered to attend with conference registration;
no guests under age of 21 admitted)
Dress: Western Attire
Dinner served at 7:30 p.m.
Door Prize Drawings at 9:00 p.m.
(must be present to win)
11:00 p.m.
Continuous Loop From
Conference Hotels
Conference Shuttle Service Ends
HILTON AUSTIN HOTEL CONFERENCE MAP
HILTON AUSTIN HOTEL CONFERENCE MAP
AWBD Seminar Notes C AWBD Mid Winter Conference 2009
M
Number
I
M
Title of
Seminar
Welcome, Address By The Honorable Dan Patrick, Texas
State Senator and Legislative Update, Presented by the
AWBD Legislative Planning Committee
M
Time
M
Location
M
Preview
I
8:45 - 10:00 a.m.
Observers of the Texas Legislature agree the 81st session of the Texas Legislature is going
to be a real barnburner. If the usual issues of education, regulation and budgetary
concerns weren’t enough to whet the appetites of those who follow such things, then the
political climate in which this session will operate almost has them chomping at the bit for
things to really get underway. And, since the session opened on January 13th, it’s highly
likely that some trends will be developing, ready to be reported to the AWBD Mid Winter
Conference at the opening session of the Mid Winter Conference. Delegates consistently
rate presentations dealing with the legislature as their favorites and the comments on this
session are sure to meet the expectations of the membership
With the impact of the general election changing the balance in the Legislature and the
effect of a new Speaker of the House, one from an urban area, no less, this session
promises to provide more highlights than a top rated network TV show.
AWBD delegates will get an insider’s view of the session from one of the most outspoken
participants of the halls of government - Texas Senator Dan Patrick. Never afraid to voice
his convictions and his opinions, his remarks will be a highlight of the opening session of
the Mid Winter Conference.
Rounding out this first session will be the much anticipated preview of the session, with
particular attention to water industry issued. Presented by the AWBD Legislative Planning
Committee, it’s sure to be a crowd-pleaser.
M
Presenters
The Honorable Dan Patrick, Texas State Senator, and the AWBD Legislative Planning
Committee, Mary Ann Hefner, Chair; Joe B. Allen, Robin S. Bobbitt, Jim Burke, Phil
Haag, Teague Harris, III, P.E., Gordon Landwermeyer, Trey Lary, Owen Parker,
Donald Roseman and Neil Thomas, members.
Senator Dan Patrick was elected to the Texas State Senate from District 7 in 2006 with
a 69% majority. District 7 in Harris County includes Bunker Hill Village, Hedwig Village,
Hilshire Village, Houston, Humble, Hunters Creek Village, Jersey Village, Katy, Piney Point
Village, Spring, Spring Valley, Tomball and Waller.
Best known as a broadcaster, talk show host and political commentator, he has used the
airwaves most effectively to advance his Christian values, while advocating for a more
principled government, lower property taxes and improved border security.
During the 80th Legislative Session, he succeeded in permanently placing the creed “In
God We Trust” over the Texas Senate Chamber. He also pushed legislation regarding
open government, votes on lowered property appraisal caps and bills that empowered local
law enforcement to stem the tide of illegal immigration. He has worked to fight the “blocker
I
bill system,” a rule requiring 21 of the 30 senators to sign onto a bill before it can come to
a vote on the floor of the Senate.
He received the Texas District and County Attorneys Association’s Freshman of the Year
Award and was recognized by the Texas Eagle Forum for his conservative philosophy.
In preparation for the 81st Texas Legislature, Senator Patrick has conducted extensive
surveys of his constituents on their interests, held a number of town hall meetings, asked
for an Attorney General Opinion on the legality of certain illegal immigration proposals and
joined a task force of legislators that will produce a plan to reduce property taxes and
reform business taxes.
He also has joined with Texas State Senator Mike Jackson to propose the creation of a
state sales tax holiday for disaster preparedness items and, on November 10, 2008, with
Texas Representative Frank Corte (R-San Antonio) filed informed consent legislation
concerning women who are deciding to obtain an abortion. Senator Patrick is a strong prolife proponent and championed a similar bill in the Texas Senate during the past session.
A native of Baltimore, Maryland, Senator Patrick moved to Texas in 1979 after joining
Houston's CBS affiliate KHOU TV. In 1988, he began his long career in talk radio by
launching KSEV and helped a then little known host, Rush Limbaugh, to expand his
audience into Houston.
As a popular talk-radio host, Senator Patrick has made many appearances as a
conservative commentator on MSNBC, The O’Reilly Factor and Hannity and Colmes, as
well as serving as guest host for the Laura Ingraham and Michael Reagan nationally
syndicated radio shows. In 2002, he wrote a Christian bestseller, The Second Most
Important Book You Will Ever Read.
In 2003, he formed the organization CLOUT, (Citizen's Lowering Our Unfair Taxes) and
mobilized a 20,000-member group to lower property taxes. His radio stations have been
community-focused, raising more than $3 million for multiply impaired and profoundly deaf
children through the Be An Angel charity.
He is married to former elementary schoolteacher, Janetlea, and they are extremely proud
of their son, Ryan, a Harris County prosecutor, and their daughter, Shane, who graduated
summa cum laude from Baylor in 2006 and is pursuing a career in nursing.
Mary Ann Hefner is the chair of the AWBD Legislative Planning Committee. She is
president of Kingsland MUD located in Llano and Burnet counties and has been a member
of this board since 1997. She also serves on the Lake LBJ Advisory Panel, having been
appointed to this advisory position in 1996 by the Lower Colorado River Authority.
Her professional career encompasses broad experience in the water industry and spans
five decades in Austin. There, she was associated with key governmental entities and
agencies, most notably as Chief Clerk of the Texas Water Commission (now the TCEQ)
from 1975 - 1987. Prior to becoming Chief Clerk, she was secretary to the Chairman of the
TWC from 1963 - 1975.
Joe B. Allen is managing partner in Allen Boone Humphries Robinson, LLP, a law firm
devoted solely to the practice of public law. A member of the AWBD Advisory Council, he
is a recipient of AWBD's most prestigious award - the Visions Award. He's been identified
as a major figure on the Texas water industry scene and has been a major contributor to
key water legislation for a quarter of a century. With his keen insight into the workings of
the Texas Legislature and into the game plans of every important politician and interest
group, he is the source when it comes to finding out what is going on in Austin.
For more than 30 years, his practice has consisted of representing special districts
providing infrastructure for new development, working with both public and private entities
on a wide range of issues related to construction, financing and operation of public
I
infrastructure. He has served as both general counsel and bond counsel in public entity
representation. He has been the principal author and lobbyist of major laws including SB
249, which reorganized the Texas Department of Water Resources into the Texas Water
Development Board (TWDB) and the Texas Water Commission (TWC), the Impact Fee Act
of 1987, special District bankruptcy statute which required TWC approval for any special
district to file for bankruptcy, SB 1444 which in 2001 made 40 changes to the Water Code
to allow water districts to operate more efficiently and effectively, SJR 30 and SB 624 in
2003 which authorized special districts to finance parks and recreational facilities. There
are numerous other pieces of legislation clarifying and codifying legislation pertaining to
special districts that bear his stamp.
He received both his Bachelor of Arts degree and L.L.B. (J.D.) degree from Baylor
University and served as President of the Baylor Law Alumni Association. He was listed
in The Best Lawyers in America in public finance law in 2003-2004.
Robin S. Bobbitt is a partner in the firm of Johnson Radcliffe Petrov & Bobbitt PLLC with
a practice focusing on public law/public finance. She is a member of the AWBD Advisory
Council and a recipient of the prestigious Visions Award. Ms. Bobbitt has worked with and
been associated with utility districts since 1978 and her practice includes representation
of municipal utility districts, water supply corporations and other governmental entities as
general counsel and bond counsel in Harris, Fort Bend, Montgomery and Travis counties.
She currently serves as general counsel to the North Harris County Regional Water
Authority and to AWBD. A graduate of Southwest Texas State University, she received her
J.D. from South Texas College of Law.
Her experience includes work with public and private entities on a wide range of issues,
including construction, financing and operations of public facilities, annexation and
de-annexation matters, creation and dissolution of districts, interlocal agreements, standby
fee applications, election law matters, water law issues, legislation/lobbying matters and
other utility district related issues.
Jim Burke is President of Harris County MUD No. 366. He has extensive experience in
managing large public works projects, with county government administration and in
addressing water industry issues. He is a past president of AWBD.
Philip S. Haag is a shareholder in the Austin office of the law firm of Winstead Sechrest
& Minick, P. C. He concentrates his practice in the natural resources area with emphasis
on environmental, local government, administrative and public utility law matters. He has
several years of experience in the governmental sector, having worked for the Texas Water
Commission and the US EPA and as an assistant attorney general in the Environmental
Protection Division of the Texas Attorney General's Office. He has represented municipal
utility districts for more than 15 years. He also is a member of the AWBD Advisory Council.
A cum laude graduate of Cornell College, he received his Juris Doctor from Southern
Methodist University School of Law in 1976.
Teague Harris, III, P. E. is Senior Vice President with Pate Engineers, Inc., where he is
responsible for Land Development & Districts. He has been with Pate Engineers, Inc.
since 1982 and has vast career experience with utility districts. At the firm, he is
considered the in-house expert on water and wastewater plant design and operations. He
is the firm's statewide market sector leader for land development and utility district clients
and assesses financial and progress performance of projects in these two sectors.
He serves on the Developers Council for the Greater Houston Builders Association and
serves as president of Harris County MUD No. 222. He is a past member of the AWBD
Advisory Council.
I
Harris holds a Bachelor of Arts degree in Biology and Environmental Science from Rice
University and a Masters of Science degree in Civil Engineering from the University of
Houston.
Gordon Landwermeyer is a past chair of the AWBD Legislative Committee. He has
served as a Trustee of the Association and currently is a member of the boards of
Westador MUD and the Ponderosa Joint Powers Agency that treats wastewater from
seven MUDs. He graduated from Texas Tech University with a degree in Civil Engineering
and served in the Corps of Engineers during the Korean Conflict. He retired from Texaco,
Inc after 35 years in the producing and purchasing departments. He has held a Texas
Professional Engineer as well as a State Land Surveyor license.
Camm Carrington Lary, III (Trey) is a partner in the law firm of Allen Boone Humphries
Robinson, L.L.P. His principal area of practice is public finance, urban development law,
local government regulation and state legislative matters. He regularly represents special
districts whose chief purpose is providing water, sewer and drainage services, as well as
cities, ports, local government corporations and other entities. He also assists local
government entities in drafting legislation.
He was instrumental in the work of the AWBD Legislative Planning Committee for the 77th,
78th, 79th and 80th Sessions of the Texas Legislature. He has helped draft and guide
many bills concerning water districts, tax increment financing and local governments
through the legislative process.
He regularly represents cities and developers in connection with the creation and operation
of tax increment reinvestment zones, local government corporations, public improvement
districts, municipal management districts and other financing mechanisms used to facilitate
urban development and renewal activities. He also represents cities, counties and special
districts as bond counsel.
He is a graduate of Texas A&M University and received his J. D. degree from The
University of Texas School of Law with honors in 1998. He is a member of the State Bar
of Texas, the Houston Bar Association, the National Association of Bond Lawyers and the
Houston Young Lawyers Association.
Owen Parker is Vice President of Harris County MUD No. 109, a 2,500-connection utility
district in Northeast Harris County. He has served as co-chairman of the Atascocita Joint
Annexation Committee and held a number of leadership positions with the Humble Area
Chamber of Commerce and the North Harris Montgomery Community College District. He
holds a Master of Science degree from the University of Houston - Clear Lake and a
Bachelor of Business Administration from Texas Tech University.
Donald B. Roseman is an attorney with the law firm of Perdue, Brandon, Fielder, Collins
& Mott, L.L.P. The firm's practice is limited to governmental revenue enhancement with an
emphasis on delinquent tax collections.
Roseman received his undergraduate degree from The University of Texas at Austin and
his law degree from Cumberland School of Law, Samford University. He is the partner in
charge of the firm's special district collection effort. He is approved by the Board of Tax
Professional Examiners to teach classes to individuals in the tax collection business who
are seeking tax collector designations of Certified Tax Administrator and/or Registered
Texas Assessor/Collector.
He has served on the AWBD Advisory Council and on the Legislative Planning Committee
for more than a decade. He relies heavily on his more than 25 years of experience in his
frequent talks on ad valorem tax matters.
T. Neil Thomas is a partner in the law firm of Fulbright & Jaworski, L.L.P. He acts
principally as bond counsel, underwriters' counsel and disclosure counsel for local
government and private activity financing. He has experience with tax exempt and taxable
I
securities, transactions for cities, counties, water districts, electric power authorities, school
districts, universities, colleges and industrial and housing development corporations,
including ad valorem tax financings, auction and variable rate financings and private
placements.
He has represented clients in connection with numerous tax-exempt financings of city,
county, school district and special district facilities.
He holds a bachelor of arts degree with honors from The University of Texas at Austin and
received his J.D. in 1984 from the University of Houston. He is a member of the State Bar
of Texas, the Houston Bar Association, the National Association of Bond Lawyers and the
Houston Builders Association Developers Council. He also serves on the boards of the
Annunciation Orthodox School and the Armand Bayou Foundation.
Disaster Preparedness Committee
Post-Hurricane Ike Analysis &
Recommendations for Water
Districts
December 10, 2008
Association of Water Board Directors
Post-Hurricane Ike Analysis & Recommendations for Water Districts
December 10, 2008
TABLE OF CONTENTS
Executive Summary
Section 1:
Introduction to AWBD and Goals
Section 2:
Overview of Water Districts
Section 3:
Hurricane Ike – Event Summary
Section 4:
Hurricane Ike – Problems Reported in Water Districts
Section 5:
Current Statutory and Regulatory Requirements for Emergency Power
Section 6:
Proposed Requirements for Emergency Power
Section 7:
Communications Issues and Recommendations
Section 8:
Recommendation to Establish Emergency Response Plans
Section 9:
Other Emergency Planning Considerations
Section 10:
Conclusion
Appendix A: Committee Membership
2
The Association of Water Board Directors – Texas (AWBD) is an association dedicated to the
betterment of Texas water district management and operations through education and
unification. In response to Hurricane Ike in the Gulf Coast area, AWBD established a Disaster
Preparedness Committee. This report provides recommendations to prepare for future
emergency conditions.
Executive Summary
AWBD firmly believes that providing and maintaining a safe water supply and proper
wastewater treatment are critical public health and safety issues. AWBD believes that every
supplier of water and wastewater service should be held accountable to this standard, including
all water districts, cities, water supply corporations, river authorities, regional water providers
and investor owned utilities.
During the aftermath of Hurricane Ike, many utilities experienced disruptions in water and
wastewater service to area residents and businesses due to widespread, extended power
outages. Despite unprecedented emergency conditions, many water districts succeeded in
providing continued service to customers.
In order to ensure that all utilities maintain service during extended power outages, AWBD
supports statutory and/or regulatory revisions to require:
1)
2)
3)
For wholesale and retail water supply facilities: (i) Installation and maintenance
of onsite, automatically starting generators, or (ii) reliance on mandatory mutual
aid agreements (as further described in this report) to provide emergency power
to maintain standard minimum water pressure of 35 psi (pounds per square
inch) at all times;
For wastewater treatment plants: Installation and maintenance of onsite,
automatically starting generators to provide emergency power to provide
primary clarification and disinfection of peak design flow; and
For offsite wastewater lift stations: Installation and maintenance of (i) onsite,
automatically starting generators, (ii) quick-connect portable generators, (iii)
portable pumps, or (iv) gravity relief lines.
Additionally, AWBD recognizes the need for water districts to improve communications with
other governmental entities and utility customers. AWBD recommends that water districts
adopt comprehensive written Communications Plans and Emergency Response Plans and to
immediately consider and undertake other preparative measures for future disasters, all as
further described in this report.
Approved by the Board of Trustees
Association of Water Board Directors – Texas
December 10, 2008
3
December 10, 2008
Section 1:
Introduction to AWBD and Goals
The Association of Water Board Directors – Texas (AWBD) was established in 1975. Although
its roots are tied to the rapid growth of municipal utility districts (MUDs) in the Gulf Coast
region, AWBD is a statewide organization. Across the state, AWBD’s membership includes
more than 528 water districts. AWBD is dedicated to the betterment of Texas water district
management and operations through education and unification.
On October 11, 2008, the Board of Trustees of AWBD established and appointed members to the
AWBD Disaster Preparedness Committee. The Committee was charged with the tasks of
assessing the damage caused by Hurricane Ike in water districts, identifying the service
problems reported in water districts, and providing recommendations for future disaster
preparedness measures for consideration by AWBD’s members.
Section 2:
A.
Overview of Water Districts
History of Water Districts
Water has played a vital role in the development of Texas since its first residents inhabited the
area. In the late 1800s, as agriculture developed, adequate supplies of water for livestock,
irrigation and drainage of farmland, and waterways to transport supplies and crops were of
utmost importance. Texas recognized the need for special districts as early as 1904 when it
adopted Article III, Section 52, of the Texas Constitution, authorizing the Texas Legislature to
pass laws permitting special districts. After struggling with the limits on indebtedness and
other shortcomings in the 1904 amendment, Texas adopted Article XVI, Section 59, of the Texas
Constitution in 1917, which provided needed flexibility in bond financing.
Since 1917, the Legislature has authorized numerous types of special districts, and the first
districts were created primarily to address rural agricultural issues. They later began to provide
water service to small communities. As metropolitan areas of the state began to experience
substantial growth in the 1950’s and 1960’s, districts were adapted to finance utility
infrastructure to support new suburban growth and development.
B.
Creation of Water Districts
There are several types of water districts that are authorized to provide water and sewer
service, including, but not limited to, municipal utility districts (MUDs), fresh water supply
districts, water control and improvement districts, navigation districts, and other utility
districts. Depending on general law provisions governing each type of district, they may be
4
created by a County Commissioners Court or by the Texas Commission on Environmental
Quality (TCEQ). Water districts may also be created by special legislative act.
C.
Water Districts Today
Water districts generally provide various services such as water, sewer and drainage to certain
areas where municipal services are not available. Some water districts also have the ability to
construct parks, street lighting, fire prevention facilities and/or certain types of roads.
Although water districts are prevalent throughout the state, most are located in the Gulf Coast
area. There are approximately 631 active water districts in the greater Houston area. Water
districts in this region encompass approximately 640 square miles and a population of
approximately 2.0 million individuals. By comparison, the vast boundaries of the City of
Houston encompass 639 square miles with a population of approximately 2.2 million
individuals.
D.
Methods of Service
In providing water and sewer service to their residents, not all water districts are alike.
Traditionally, water districts constructed and financed independent water supply and
wastewater treatment facilities.
Today, through coordinated efforts with other local
jurisdictions, including cities, other water districts, regional water authorities, and private water
supply corporations, many water districts are increasingly participating in regional water
supply and wastewater treatment plants.
In addition to economic incentives for regionalization, many water districts participate in
regional water systems to comply with subsidence district mandates regarding the conversion
from groundwater to surface water. Water districts located in Gulf Coast subsidence regions
must establish or participate in a groundwater reduction plan (GRP), and wholesale surface
water is usually provided to converting participants by cities and regional water authorities
administering the GRP. Converted water districts become primarily dependent on surface
water provided by these entities.
Finally, although most water districts are located within the unincorporated area of a county or
the extraterritorial jurisdiction of a city, some water districts are located within the corporate
limits of a city. Depending on the availability of service by a city, many of these in-city MUDs
construct facilities that are subsequently conveyed to the city for ownership and operation.
Although water districts are aligned in their purpose to finance and construct high-quality
utility infrastructure, the role of the water district in providing water and sewer service to
customers varies significantly from district to district. These considerations are important to
keep in mind as each district assesses risks and adopts procedures for disaster preparedness.
5
Section 3:
Hurricane Ike – Event Summary
On September 12, 2008, Hurricane Ike made landfall on the Gulf Coast region as a Category 2
hurricane, with peak winds at 110 miles per hour. Due to Ike’s size and intensity, nearly the
entire Houston region lost power.
Immediately in the aftermath of the storm, AWBD undertook an industry-wide survey of
impacted water districts.
Operators for over 417 water districts responded, representing
approximately 2/3 of active water districts.
The results indicated that water districts were not immune from the widespread power outages:
96% of districts operating water plants lost power, and 95% of districts operating wastewater
treatment facilities lost power.
Most water districts (84%) had generators to provide emergency power service to their water
supply plants. Approximately 59% of reporting districts had generators to provide emergency
power at wastewater treatment plants. Similarly, 48% of reporting districts had emergency
power for their lift stations through the use of on-site or portable generators.
Despite availability of backup power, not all generators functioned properly during the
emergency condition. Most reported problems with generators were attributed to mechanical
problems. However, the survey also indicated that, despite the availability of portable
generators, in some cases lift stations did not have appropriate adapter devices for quickconnection systems to the portable generators.
In addition to generator problems, some older district facilities relied on outdated backup
facilities, such as right-angle drives. Although many of these devices functioned properly, the
aging components of these facilities sometimes proved to be unreliable during emergency
operations.
Finally, in some cases, despite generator functionality, districts were unable to operate
emergency power facilities due to widespread diesel fuel shortages.
WATER DISTRICT EMERGENCY POWER
(data as of 10am 10/23/08, subject to verification, 417 districts reporting)
Water Plant – Loss of Power
Water Plants with Generators
Water Plants – Generator Problems
Wastewater Treatment Plant – Loss of Power
Wastewater Treatment Plants with Generators
Lift Stations with Generators
Wastewater Treatment Plant or Lift Station –
Generator Problems
6
Percentage
96%
84%
24%
95%
59%
48%
7%
Section 4:
A.
Hurricane Ike – Problems Reported in Water Districts
Water
As a result of water districts not having emergency power facilities, experiencing generator
problems, or losing water supply from a regional or wholesale provider, various problems were
reported. Out of 417 responses in our survey, 79 water districts reported a loss of water
pressure requiring the issuance of a boil-water notice.
These districts represented
approximately 86,000 total equivalent single family connections (ESFCs), or 301,000 individuals
affected by reduced water pressure in their districts. This represented approximately 15% of
the total ESFCs in our survey. Based on conservative estimates, the average pressure loss was
approximately 30 hours. All water districts who participated in the survey reported full
compliance with all TCEQ regulatory requirements, including the issuance of boil-water
notices.
B.
Wastewater
In addition to water pressure issues, some districts experienced issues with untreated sewage.
Although many districts’ wastewater collection systems contain a significant storage volume,
the storage volume was sometimes insufficient to handle the volume resulting from such an
extended period of power loss. As a result, 50 districts reported unpermitted discharge in
streams and 71 districts experienced discharge in the streets due to overflowing manholes.
Eight responding districts indicated reports of sewage backup in residential homes.
WASTEWATER ISSUES
(data as of 10am 10/23/08, subject to verification, 417 districts reporting)
Stream Discharge
Street Discharge
Home Backup
Section 5:
No. of Districts
50
71
8
Percentage
15%
21%
2%
Current Statutory and Regulatory Requirements for Emergency Power
There are no current statutory requirements for emergency power. However, the TCEQ has
broad rulemaking authority regarding the design specifications for all water supply facilities
and wastewater treatment facilities in the state. Under current TCEQ rules, all water supply
and wastewater treatment plants are subject to the same rules. Water districts are held to the
same standard as other utilities, including water supply corporations and cities.
A.
Water Supply Facilities – Current Rules
Subchapter B, Chapter 290 of the TCEQ rules (Title 30 Texas Administrative Code) governs
design standards for water supply facilities. Under the existing TCEQ rules, most water supply
facilities are required to have emergency power supplies or elevated storage and pressure
tanks.
7
TCEQ rules state that water supply facilities serving fewer than 250 connections are not subject
to emergency power requirements. However, even in cases where more than 250 connections
are being served, the current TCEQ rules do not require emergency power if an entity could
demonstrate an interconnect with another water supply entity having emergency power
facilities and sufficient capacity to serve all entities in the combined system.
In many cases, where districts did not have emergency power and were not subject to elevated
storage requirements, districts relied on voluntary interconnects to serve emergency water
supply needs. While these voluntary interconnects were often sufficient to provide service for
short-term power outages, they proved insufficient during times of prolonged and widespread
power outage.
B.
Wastewater Treatment Facilities – Current Rules
Subchapter B, Chapter 217 of the TCEQ rules (Title 30 Texas Administrative Code), governs the
design standards for wastewater treatment facilities. However, it is important to note that the
Chapter 217 rules were only recently promulgated (August 28, 2008) and only apply to new,
modified or re-rated facilities. As such, most existing wastewater treatment facilities were
designed under the standards of Chapter 317, which were repealed with the promulgation of
Chapter 217.
The TCEQ rules generally require emergency power at wastewater treatment facilities.
However, under both the former and new rules, there are numerous exceptions. The significant
number of exceptions may explain why so many facilities are without emergency power
facilities.
Under Section 217.36 of the TCEQ rules, an exception can be granted if the applicant can
demonstrate a reliable service record for the electricity provider in the area. If an applicant can
demonstrate 24 months of uninterrupted service, the service is deemed reliable and emergency
power is not required.
In addition, exceptions can be granted if certain storage volumes are demonstrated. The storage
volume need only be sufficient for a peak flow event equal to the longest outage in the power
records for the previous 24 months. In many cases, the longest power outage of record is only a
few hours, and storage volume requirements can be easily met.
The new TCEQ rules also allow for lift stations to utilize portable generators under certain
circumstances. The rules do not require applicants to own portable generators, but rather to
provide reasonable assurances of the timely availability and accessibility of the proper portable
equipment. However, the experience of Hurricane Ike proved that these paper assurances
meant little when supplies ran short and vendors could not fulfill contracts to deliver
equipment and supplies.
8
Section 6:
Proposed Requirements for Emergency Power
AWBD firmly believes that providing and maintaining a safe water supply and proper
wastewater treatment are critical public health and safety issues. Every supplier of water and
wastewater service should be held accountable to this standard, including water districts, cities,
water supply corporations, river authorities, regional water providers and investor owned
utilities.
AWBD supports statutory and/or regulatory revisions to require emergency power provisions
for ALL retail and wholesale water suppliers and wastewater treatment providers. In order to
be effective during extended power outages, all entities must have adequate facilities in place to
continue the provision of essential services to customers.
Although hurricane-related issues may be limited to certain regions, AWBD supports a statewide requirement for emergency power due to the numerous other natural and man-made
disasters that may affect other parts of Texas. Tornadoes and ice storms in North Texas or
flooding in Central Texas can be just as devastating as a hurricane in the Gulf Coast region.
A.
Technical Recommendations
i.
Water Supply Facilities
Emergency power to all wholesale and retail water supply facilities necessary to maintain
standard minimum water pressure of 35 psi (pounds per square inch) at all times during
extended power outages shall be provided in one of the following ways:
1. Installation and maintenance of one or more onsite, automatically starting generators.
2. Reliance on one or more “mandatory mutual aid agreements.” The typical “emergency
water supply agreement” or “interconnect agreement” commonly used by water
districts is not sufficient. A “mandatory mutual aid agreement” must require the
supplying water system to supply water during times of widespread natural disaster
and power outages. The TCEQ rules addressing these agreements should require an
annual evaluation by a licensed engineer confirming that the water production delivery
capability of the combined systems is sufficient to deliver a minimum water pressure of
35 psi to all connections.
3. For existing facilities, but not for new facilities, the maintenance of direct engine (right
angle) drives for water well motors and service (booster) pumps. As these direct drives
have proven to have relatively greater mechanical problems and do not provide
electrical power to operate control and disinfection systems, AWBD recommends that
water districts that utilize such drives carefully evaluate their use and the feasibility of
replacing such drives with onsite, automatically starting generators.
Contracts for generators cannot be relied upon during times of widespread disaster and should
not be substituted for district-owned, onsite generators.
9
The TCEQ rules, including Section 217.36(c)(2), should be amended accordingly. Additionally,
the TCEQ rules should be amended to eliminate the exceptions for systems that serve less than
250 connections.
The TCEQ rules should also be revised to explicitly allow onsite emergency power as an
approved alternate to elevated storage without the lengthy and cumbersome approval process
currently required to obtain an “exception.” This change would recognize that elevated storage
at the minimum criteria of 100 gallons per connection is incapable of providing water supply
during an extended power outage since this amount of storage is less than 12 hours of the
typical daily demand.
ii.
Wastewater Treatment Plants, including Onsite Lift Stations
Emergency power to all wastewater treatment plants and onsite lift stations to ensure that peak
flows can be pumped or routed through the treatment plant facilities and that the equivalent of
primary settling and effluent disinfection is accomplished at all times during extended power
outages shall be provided through the installation and maintenance of one or more onsite,
automatically starting generators.
The TCEQ rules, including Section 217.36(a)(c)(1), should be amended accordingly.
iii.
Offsite Lift Stations
Emergency power to all offsite wastewater lift stations during extended power outages shall be
provided in one of the following ways:
1. Installation and maintenance of an onsite, automatically starting generator.
2. Installation of electrical quick connects and operator use of a system-owned portable
emergency power generator to pump down the wet well and collection system. Portable
generators shall not be planned to serve more than 3 lift stations.
3. Installation of necessary piping and fittings and operator use of a system-owned
portable pump to pump down the wet well and collection system.
4. Installation of a gravity relief line that would allow the wastewater from one lift station
collection system to flow to another lift station collection system or to the treatment
plant onsite lift station as long as the receiving lift station has emergency power and
sufficient pump capacity to handle the combined system’s peak flows.
The TCEQ rules, including Section 217.36(c)(2), should be amended accordingly. Additionally,
the limitation in Section 217.36(c) (2) (A) referring to lift stations of less than 100 gpm capacity
should be deleted to make this subsection consistent with Section 217.63.
10
iv.
Fuel and Maintenance Considerations
Emergency power generators may be driven either by diesel engines, natural gas engines or
dual-fuel engines. Discretion should remain with each district to determine which fuel source
to use.
For districts considering natural gas engines, CenterPoint Energy has confirmed that there is no
federal, state or CenterPoint policy which would call for shutting off retail gas distribution in a
hurricane, regardless of its category designation.
If diesel generators are proposed, consideration should be given to the availability of diesel
supplies during extended power outages. The total amount of fuel storage onsite should be not
less than 4 days of operation assuming 75% load factor.
Finally, prior to each hurricane season, AWBD recommends prolonged exercise of all generators
on a routine basis at full load and in accordance with manufacture recommendations for
maintenance.
B.
Financial Considerations
Based on results from AWBD’s industry survey, the average number of equivalent single family
connections (ESFCs) served by each waster district in the Houston region is 1,400 ESFCs. Costs
to provide comprehensive emergency power facilities will vary significantly depending on the
size and type of generator being proposed. For an average water district, design and
construction costs for emergency power facilities to serve all water and wastewater facilities,
including wells, booster pumps, wastewater treatment plants and lift stations may cost
approximately $500,000 to $1,000,000, or $350 to $700 per ESFC.
Water districts have several options for financing these facilities. However, each water district’s
specific financial conditions may limit a district’s exercise of any given option.
First, a water district may pay for these facilities using cash on hand. A small percentage of
districts may have sufficient general operating funds on hand to pay for these generator
expenses directly. Other districts may have surplus capital projects funds, which may be
applied towards the project, subject to application and approval by the TCEQ under some
circumstances.
If a district does not have cash available to pay for generator projects, a district may also
consider the issuance of bonds. All projects proposed for funding by water district bonds must
be approved by the TCEQ. The total time for application preparation, TCEQ review and sale of
bonds is approximately 12 months.
For many districts, the issuance of bonds is not financially feasible in today’s market with
resulting increases in tax rates or water and sewer rates. In other cases, a district may lack
sufficient voter authorization for the issuance of additional debt. In these cases, AWBD is
requesting the State to consider financial assistance in the form of direct grants or low interest
financing for eligible water districts.
11
Finally, a water district may consider application to the Federal Emergency Management
Agency (FEMA) for Section 404 Hazard Mitigation Grants for federal funding of generators.
Although the amount of funds available for grants is unknown at this time, water districts are
eligible to apply for funding. Initial applications to FEMA are due on January 9, 2009.
Section 7:
A.
Communications Issues and Recommendations
Communications with Other Governmental Entities
In preparation for Hurricane Ike, many local governments, such as counties, activated regional
emergency operations centers (EOCs). Several EOCs reported an inability to communicate
effectively with water districts. District-specific issues were left unaddressed when these
regional EOCs did not know how to contact the appropriate district representatives.
Establishment of a direct line of communication with cities, counties and other local
jurisdictions, and any respective EOCs, may result in faster, more efficient response times for
district residents during times of emergency. Similarly, EOCs may provide assistance to
districts needing to communicate critical information, such as boil water notices, through
regional communication systems established by the EOC.
In addition to increased efficiency, districts with direct contact with other governmental entities
may also benefit from the ability to request and receive emergency supplies (diesel, generators,
water) that have been provided by the state or federal government for distribution to local
jurisdictions. To our knowledge, no water district received any aid from the counties, state or
FEMA during Hurricane Ike, despite reports of available resources. Improved communications
with these entities are critical to ensure that water district services are not disrupted or quickly
restored during times of crisis.
B.
Communications with Electricity Providers
The widespread power outages in the Houston region shed light on the need for water districts
to communicate directly with electric providers to identify critical facilities. As CenterPoint and
Entergy went to work to resume power in the region, they reported that they were not
immediately advised of water district facilities needing priority restoration. Many district
facilities were not placed back online until several days after the initial outage.
C.
Recommendation to Establish Communications Plans
Water districts should establish emergency Communications Plans. A comprehensive
Communications Plan should contain at least 3 elements. First, it should establish a system of
communications for district residents. Next, the Communications Plan should identify
protocols for communications with other governmental entities for distribution of information
and requests for assistance. Third, it should address plans to communicate with electric
providers in the event of widespread power outages. A sample list of items for consideration in
a Communications Plan is listed below.
12
Part 1: Communication with District Customers
Identify types of information to communicate to district customers:
o Loss of pressure or “boil water notices,”
o General information regarding services,
o Contact information to report problems with service, including emergency
hotline number for district operator, and
o If debris management measures are undertaken after the event, procedures and
collection dates for debris management.
Outline preferred and alternative methods of information distribution:
o Door hangers.
o Mailed newsletters or flyers,
o Signs at major entrances or intersections within the district,
o Notices to local radio and television stations, and
o Postings on district and other websites.
Part 2: Communication with Other Governmental Entities
Identify nearby local governmental jurisdictions that operate regional Emergency
Operation Centers (EOCs).
Distribute district contact information to County and City EOCs prior to hurricane
season and confirm accuracy prior to each pending event.
During an event, direct the district’s operator to communicate directly with EOCs
regarding the district location, status of services and estimated population served by the
district. Communications with EOCs should continue at least daily until all water and
wastewater facilities are fully restored.
Notify regional EOC of any district needs, such as fuel supplies and assistance with
power restoration where direct contact with electric provider has not been effective.
Consider director and operator participation in Federal National Incident Management
System (NIMS) and Incident Command System (ICS) training to learn about
standardized processes for requesting supplies or assistance from EOCs, the State and
FEMA.
Part 3: Communication with Electric Providers
List meter number and physical address and/or GPS coordinates for all electric meters
serving water supply and wastewater treatment facilities.
Identify these facilities as “critical” public health and safety facilities to electric provider.
Annually, prior to each hurricane season and prior to each pending event, review the list
for completeness and confirm list with electric provider.
Obtain contact information for appropriate personnel to request power restoration in the
aftermath of a storm if power is not restored on a timely basis.
13
Section 8:
Recommendation to Establish Emergency Response Plans
Many water district operators have emergency response plans that are utilized by operating
staff during times of emergency. In many cases, reliance on an operator’s emergency response
plan does not adequately address the needs of a district. In addition to the aforementioned
communications plan, the Board of Directors of each district should establish a written
Emergency Response Plan. Possible issues for consideration in any Emergency Response Plan
(ERP), include, but are not limited to, the following:
Part 1:
General Preparatory
Review existing facilities and consider modifications or new improvements.
Schedule and program regular exercise of generators at full load.
Confirm property insurance coverage.
Prepare and store “boil water” signs at facilities in or near district.
Establish and maintain district directory with current contact information for directors,
operators and other emergency response personnel.
Identify and authorize key decision-making personnel in the event the Board of
Directors for the district is unable to convene in emergency session prior to or after an
event.
Outline the duties and obligations of the District’s operator and identify circumstances
in which director input is required.
Discuss operator’s procedures for acquisition of proper personnel and staff to handle
widespread disaster.
Identify and acquire alternative communications systems, such as satellite phones or
emergency priority wireless services, to implement Communications Plan.
Establish process for emergency contract procurement or obtain pre-positioned
contracts.
Review documentation requirements for possible FEMA reimbursement.
Part 2:
Prior to Emergency Event
Deliver fuel supplies to storage units.
Acquire/confirm pre-positioned contracts for supplies (e.g. diesel) or debris removal.
Direct operator to update Board regarding status of implementation of Emergency
Response Plan on a daily or otherwise scheduled regular basis.
Contact key personnel identified in Communications Plan, including regional EOCs and
electric providers.
Confirm operator’s acquisition of proper personnel and staff to handle emergency based
on projected scope of affected areas.
Maintain expense and personnel files for possible FEMA reimbursement.
Part 3:
During Emergency Event
Direct operator to update Board regarding status of District facilities and service to
residents on a daily or otherwise scheduled regular basis.
14
Contact pre-positioned vendors to acquire supplies (including diesel).
Implement Communications Plan:
o Communicate with customers regarding disruptions in service.
o Contact local governmental entities for assistance with dissemination of
information and supplies needed by district.
o Contact electric providers for critical facilities in need of power restoration.
o Contact state agencies, including TCEQ, regarding loss of water pressure or
wastewater permit excursions.
Maintain expense and personnel files for possible FEMA reimbursement.
Part 4: After Emergency Event
Direct operator to file and handle FEMA reimbursement requests.
Prepare written report summarizing any service problems, including loss of water
pressure, improper waste discharge, or failed facilities.
Distribute report to AWBD and any appropriate state or local governmental entities.
Review, analyze and revise Emergency Response Plan.
Section 9:
A.
Other Emergency Planning Considerations
Review of Existing Facilities and Maintenance Schedule
Many districts own and operate emergency power facilities. However, as demonstrated in
Hurricane Ike, these facilities may be subject to failures for many reasons. AWBD recommends
that each district that owns and operates an emergency power supply review the original
design and analyze whether modifications or additional improvements are needed.
Additionally, a district should consider its maintenance plan for such emergency power
facilities and the level of routine exercise warranted for such facilities. In many cases, it is
appropriate to exercise backup power facilities at full load. Districts should consult with their
engineers and operator to determine what level of maintenance, modifications and/or
improvements are warranted to serve their facilities.
B.
Establish Supplemental Interconnects and Participate in Mutual Aid Programs
Even if onsite emergency power and fuel storage facilities are available, water districts may
consider establishing supplemental emergency interconnects with nearby utilities or
participating in mutual aid programs. Supplemental interconnects or mutual aid programs
may be of assistance in the event of a generator failure or other unforeseen circumstances.
Programs such as the Texas Water/Wastewater Agency Response Network (TXWARN) allow
participating entities to share supplies and facilities with other participating entities during
times of emergency. For additional information visit https://www.txwarn.org/
C.
Obtain Pre-Positioned Contracts
During and after a major disaster, such as a hurricane, contracts for services and supplies may
be difficult to procure. Districts should consider the process for contract procurement in their
Emergency Response Plans. To avoid being in a situation where competitive bids are difficult
15
or impossible to obtain, a district may also consider pre-positioned contracts with vendors who
can provide supplies, such as fuel and sand bags, and debris management services. These prepositioned contracts should be confirmed prior to each hurricane season and prior to each
pending hurricane or disaster event.
AWBD does not believe that contracts for generators can be relied upon during times of
widespread disaster. Such contracts should not be used in lieu on district-owned, onsite
generators. Contracts for fuel should not be substituted for standard minimum onsite fuel
storage.
Section 10:
Conclusion
Most water districts continued to provide adequate, safe water and wastewater service to their
customers during and after Hurricane Ike. As devastating as Hurricane Ike was to the Gulf
Coast region, we must acknowledge that the impact could have been far worse. Had the storm
shifted westward or intensified in the Gulf Coast, the results would have been catastrophic. As
public water suppliers and wastewater treatment providers, water districts must prepare for
such worst-case scenarios by taking all reasonable measures to be able to continue to provide
critical services to its residents.
While the exact timing, location and character of any hurricane may be unpredictable, the
arrival of an annual hurricane season remains constant. The Atlantic hurricane season begins
on June 1 and ends on November 30 each year, with historical data showing the highest
frequency in late August and early September. Each year, water districts should review their
communications and emergency plans prior to the start of the hurricane season.
According to statements made by CenterPoint after Hurricane Ike, CenterPoint has indicated
that their performance to restore power to the Houston region was as expeditious and efficient
as possible. Whether or not we agree with such statement, the fact remains that the response
time of electric providers to restore power in the future may not improve. As such, water
districts cannot rely on assurances from electric providers to promptly restore power and must
be prepared to be self-reliant for an extended period of time in the aftermath of widespread
damage.
We hope these recommendations provide a good starting point for discussion within your
district, and we hope that you support AWBD’s legislative and regulatory efforts to require
emergency power facilities for all water suppliers and wastewater treatment providers in the
state. If you have any questions or concerns regarding this report, please contact AWBD’s
Executive Director, Merry Leonard at (281) 350-7090.
16
Appendix A
Association of Water Board Directors – TX
Joe B. Allen, Chair – Allen Boone Humphries Robinson LLP
Jim Ainsworth – A & S Engineers
Mike Ammel – Environmental Development Partners, L.L.C.
Roy R. Behrens, Jr. – Mischer Investments, LP
Jan Bartholomew – RBC Dain Rauscher, Inc
Jim Burke – Harris County MUD 366
Todd Burrer – Southwest Water Co.
Howard M. Cohen – Schwartz Page & Harding, L.L.P.
David Corbin, P.E. – Costello, Inc.
Mark S. Froehlich, P.E. – Brown & Gay Engineers, Inc
Bill Fry – Severn Trent Services
Jim Gillam – Severn Trent Environmental Services
Teague Harris – Pate Engineers, Inc.
Jim Haymon – Far Hills Utility District
Tim Hardin – Langford Engineering, Inc.
Trey Lary – Allen Boone Humphries Robinson LLP
David Kercheval – Independent consultant for AWBD
Larry Mueller – AECOM
Ted Nelson – Newland Communities
Ed Shackelford, P.E. – Jones & Carter Inc
Mark Stendahl, P.E. – Mark T. Stendahl, P.E.
Neil Twomey – Trophy Club MUD #1
Patsy Waldrop – BKD, LLP
Don White – Advantage Water Management
Taylor Cavnar – AWBD
17
I
AWBD LEGISLATIVE PRINCIPLES
81ST REGULAR SESSION
2009
1.
AWBD supports the efficient and effective daily operation of water districts. Water districts provide essential water, wastewater and
drainage utility service and other services to millions of Texans.
2.
AWBD supports statutory and/or regulatory revisions to improve the disaster preparedness of all wholesale and retail water and sewer
providers, including water districts. AWBD supports the findings and recommendations of the Report of the AWBD Disaster
Preparedness Committee, the Executive Summary of which is attached hereto.
3.
AWBD supports legislation that would allow flexibility for emergency borrowing from local or federal financial institutions to fund disaster
relief expenditures.
4.
AWBD supports the conservation of the state's water resources. AWBD supports local control in implementing water conservation
measures; AWBD opposes state mandates regarding water conservation. AWBD supports broader authority for water districts to
implement mandatory water conservation measures for their customers.
5.
AWBD supports the current legal relationship between municipalities and water districts. AWBD opposes any diminution of a water
district's right to be created or operate within the jurisdiction of a municipality.
6.
AWBD supports the current legal relationship between counties and water districts. AWBD opposes any new authority of counties to
regulate water districts or the development of property in a water district, except that AWBD supports the authority of counties to require
within the boundaries of a water district: i) connection to a centralized water and sewer system, ii) that water, sewer, drainage and road
facilities be designed and constructed to reasonable county standards, and iii) the provision of adequate fire suppression facilities.
7.
AWBD opposes legislation that would allow nontaxable users, including independent school districts, to avoid paying water district
charges and fees, including charges and fees for construction, installation, or inspection of a tap or connection to district facilities.
8.
AWBD supports the development of innovative systems to treat, reuse and recycle water. AWBD supports the existing rules and
regulations for water reuse and recycling. AWBD opposes any new regulatory scheme that alters or limits the existing authority to reuse
and recycle water.
9.
AWBD supports the responsible oversight of water districts by the Texas Commission on Environmental Quality (TCEQ). AWBD
supports efforts to ensure that all types of water districts are subject to TCEQ rules relating to the issuance and feasibility of bonds.
10. AWBD supports the financial independence of water districts. AWBD opposes any limitation on a water district's right to incur debt and
levy taxes, or to levy water and sanitary sewer rates and charges necessary to provide such service and to provide other statutorily
authorized services..
11. AWBD supports a water district's right to contract for tax collections. AWBD opposes any mandate to centralize the tax collection
process or other forms of revenue caps. AWBD supports the existing truth in taxation laws for water districts.
12. AWBD supports the development of parks and recreational facilities by water districts. The establishment of parks and greenbelts are
an important tool to conserve the state's natural resources.
13. AWBD supports funding of the State Water Plan with general revenues; however, AWBD opposes any new or increased fees or taxes
on water for water development.
14. AWBD supports TCEQ user fees that are directly proportional to the costs of services to the water districts utilizing the services.
15. AWBD opposes any further restrictions on the number of uniform elections dates.
16. AWBD opposes any legislation that would require consolidation of elections or would require out-of-district polling places.
17. AWBD supports legislation that would eliminate or reduce the requirement to use Direct Recording Electronic (DRE) systems for water
district elections.
18. AWBD opposes any legislation that would reduce or limit the governmental immunity of water districts; provided, however that AWBD
supports the ability of water districts and third parties, including other local governments, to contract with each other and enforce such
contracts.
M
Number II-A
M
Title of You Have To Sign A Tax Certificate - Do You
Seminar Know What It Is?
M
II-A
Time 10:15 - 11:15 a.m.
M
Location Salons A&B
M
Preview
M Presenters
Back for a return engagement are two speakers who received rave reviews for their
presentation at the Annual Conference. Delegates had high praise for their ability to
unravel the most complex financial issues involving districts. For the Mid Winter
Conference, Bill Blitch and Ann Levy will discuss the various documents that are prepared
between the date bids for a bond sale are opened and the date the District receives the
proceeds from the bond sale, including the Tax Certificate, the 8038G and other
paperwork.
Bill Blitch, SAMCO Capital Markets, Inc.
Ann M. Levy, Johnson Radcliffe Petrov & Bobbitt PLLC
Bill Blitch is a Managing Director in public finance of SAMCO Capital Markets, Inc.
Involved in public finance for more than 40 years, he began his career with the Municipal
Advisory Council of Texas. Since 1970, he has served as financial advisor to hundreds of
utility districts and other municipal governments.
He holds a Bachelor's Degree from the University of Texas at Austin and has completed
more than four years of post-graduate work. He has attended the South Texas School of
Law as well as a public finance graduate program at the University of Michigan. He also
is a Registered Texas Assessor/Collector.
He lists as his past and present professional and civic affiliations the following: a member
of the Research Committee of the Securities Industry Association, a Board Member of the
Utility District Advisory Council and a member of the Board of Directors of Grand Mission
MUD No. 1. He currently serves as an At Large Trustee of the Association and also has
served as its president.
Ann M. Levy became Of Counsel to Johnson Radcliffe Petrov & Bobbitt PLLC in August,
2005. She has practiced law in Houston for the last 30 years and has been a partner in
several firms.
She specializes in federal income taxation, public finance transactions and the intersection
of taxation and public finance. Her areas of expertise are tax exempt financing, charitable
exempt organizations, federal income taxation planning and controversy work for
corporations, limited liability companies, partnerships and individuals, and tax aspects of
acquisitions, mergers and dispositions of various business organizations.
In her public finance practice, Levy has served primarily as bond counsel, but she also has
acted as special tax counsel, underwriter's counsel and as issuer's counsel in a significant
number of tax exempt bond transactions. Her public finance practice has focused on
housing bond issues, private school bonds, student housing facilities, and assisted living
facilities. Levy has represented trustees of troubled bond issues and has been responsible
II-A
for organizing and representing special types of state authorized issuers so that tax exempt
bonds could be issued.
Levy has formed large and small non profit corporations and obtained determinations that
they were Code Section 501(c)(3), public charities. Some of these organizations were
formed in order to benefit from the issuance of tax exempt financing while other
organizations had no public financing goals. Levy often has been engaged to rendered
opinions concerning the continuing tax exempt status of an organization, frequently in
connection with the issuance of tax exempt debt. Her work in connection with tax exempt
organizations has included ad valorem tax determinations, as well as determinations
involving state sales tax, and franchise tax.
She holds a Bachelor's Degree in Journalism from the University of Texas at Austin, an L.
L. M. (Taxation) from New York University and received her J. D. from the University of
Houston School of Law in 1973. She is a member of the Texas Bar Association and the
National Association of Bond Lawyers.
You Have to Sign a
Tax Cer tificate . . .
Do You Know What it Is?
Ann M. Levy,
JOHNSON RADCLIFFE PETROV & BOBBITT PLLC
Bill Blitch,
SAMCO Capital Markets, Inc.
January 24, 2009
1
$9,500,000
EAST BUTTE MUNICIPAL UTILITY DISTRICT
WATERWORKS AND SEWER SYSTEM COMBINATION
UNLIMITED TAX AND REVENUE BONDS
SERIES 2008
CERTIFICATE AS TO TAX EXEMPTION
g
being
g the dulyy chosen and qualified President of the
The undersigned,
Board of Directors of East Butte Municipal Utility District (the "District"),
hereby certifies with respect to its EAST BUTTE MUNICIPAL UTILITY
DISTRICT WATERWORKS AND SEWER SYSTEM COMBINATION
UNLIMITED TAX AND REVENUE BONDS, SERIES 2008 (the "Bonds"), in
the aggregate principal amount of $9,500,000, as follows:
2
1
A. General.
...
3. This certificate is based on the following facts and estimates in
existence on the date hereof, which is the date of delivery of the Bonds to
the Underwriter thereof, and on the basis of such facts and estimates, the
District expects that the events described herein will occur. To the best
of the undersigned
undersigned's
s knowledge,
knowledge information and belief,
belief the expectations
contained in this certificate are reasonable.
3
B Purpose and Size.
B.
Size
...
2. The amounts received from the sale of the Bonds and any interest
earnings thereon, will not exceed the amounts which will be required to
fund the Project.
3. No receipts from the sale of the Bonds or amounts received from the
i
investment
t
t thereof
th
f will
ill be
b used
d to
t pay the
th principal
i i l off or interest
i t
t on any
currently outstanding issue of bonds or other obligations of the District other
than the Bonds. [i.e., this is not a refunding of any outstanding bonds]
4
2
B. Purpose and Size.
...
4. The term of the Bonds will be no longer than is reasonably
necessary for the governmental purpose of the Bonds. The weighted
average maturity of the Bonds is not greater than 120% of the average
reasonably expected economic life of the Facilities to be financed with the
proceeds of the Bonds.
5
East Butte Municipal Utility District
Weighted Average Maturity
Year
Amount
Price
Production
Years
Bond Years
2012
2013
2014
2015
2016
$1,725,000
1,800,000
1,890,000
1,990,000
2,095,000
100.850
100.253
99.016
97.885
95.536
$1,739,662.50
1,804,554.00
1,871,402.40
1,947,911.50
2,001,479.20
3.666666667
4.666666667
5.666666667
6.666666667
7.666666667
6,378,762.5000
8,421,252.0000
10,604,613.6000
12,986,076.6667
15,344,673.8667
$9,500,000
$9,365,009.60
Weighted Average Maturity ( In Years)
Par Value of Bonds
Less Discount
Plus Insurance Cost
Total U/W Expenditures
Underwriters' Profit
$53,735,378.6333
5.6564
$9,500,000.00
(285,000.00)
$9,215,000.00
100,000.00
$9,315,000.00
$50,009.60
0.526% of Bond Issue
6
3
B. Purpose and Size.
...
9. Proceeds of the Bonds will be used to reimburse expenditures
made by the District prior to the date hereof for the following:
(a) Preliminary expenditures, which do not exceed 20% of the
aggregate issue price of the Bonds, including preliminary architectural,
engineering, surveying, soil testing, issuance costs, and similar costs
incurred prior to commencement of construction of the Project, but
excluding land acquisition, site preparation, and similar costs incident to
commencement of construction.
(b) Capital expenditures, if any, and costs of issuance paid after a
reasonable declaration of official intent (a copy of which is included in
the transcript of proceedings) to reimburse such expenditures with
7
proceeds of a debt obligation.
Written evidence of the reimbursement with proceeds of the Bonds
will be made not later than 18 months after the later of (i) the date the
original expenditure was paid; or (ii) the date the Project is placed in
service, but in no event more than three (3) years after the original
expenditure was paid. Funds corresponding to the proceeds of the Bonds
allocated to reimbursement purposes will not be used directly or indirectly
to create sinking funds, pledged funds, or other replacement proceeds for
the Bonds or another issue.
8
4
C. Source and Disbursement of Funds.
...
2. The proceeds from the Bonds will be used as follows:
Source
Amount
$ 9,365,009.60
$
46,606.31
$ 9,411,615.91
Issue Price
Accrued Interest
Total
Use
Paid to Issuer
Accrued Interest
Total Paid to Issuer
Deposit to Capital Projects Fund
Deposit to TCEQ Escrow
Reimburse Issuer
Deposit to Bond Fund
(accrued interest & capitalized
interest)
Pay Costs of Issue
Amount
$9,215,000.00
$ 46,606.31
$9,261,606.31
$ 4,800,000.00
$ 3,830,000.00
$
100,000.00
$
246,606.31
$
285,000.00
Retained by Underwriter
Insurance Premium (paid on behalf of
Issuer)
Total
$
$
50,009.60
100,000.00
$ 9,411,615.91
9
Bond Issue Size
Construction Costs
Capital Projects Fund
Capital Projects Fund Escrowed
Total Construction Costs
Non-Construction Costs
Reimburse Capital Costs paid by District
Capitalized Interest
Costs of Issue
Discount
Total Non-Construction Costs
The Bonds
$4,800,000
3,830,000
$8,630,000
$100,000
$100
000
200,000
285,000
285,000
$870,000
$9,500,000
10
5
Debt Service Requirements
Year
Interest
Due 1/1
Principal
Due 7/1 Interest
2009
2010
2011
2012
2013
2014
2015
2016
$254,216.25
254,216.25
254,216.25
207,210.00
159,960.00
110,347.50
57,612.50
$1,725,000
1,800,000
1,890,000
1,990,000
2,095,000
$1,297,778.75
$9,500,000
Bonds Dated: November 1, 2008
First Interest: July 1, 2009
Average Life (years):
5.7646
5.450
5.250
5.250
5.300
5.500
Interest
Due 7/1
Total Ann.
Interest
Total Debt
Service
$338,955.00
254,216.25
254,216.25
254,216.25
207,210.00
159,960.00
110,347.50
57,612.50
$338,955.00
508,432.50
508,432.50
508,432.50
414,420.00
319,920.00
220,695.00
115,225.00
$338,955.00
508,432.50
508,432.50
2,233,432.50
2,214,420.00
2,209,920.00
2,210,695.00
2,210,225.00
$1,636,733.75
$2,934,512.50
$12,434,512.50
Average Annual D/S (2009/26)
Maximum Annual D/S
Net Effective Interest Rate (NIC)
Average Interest Rate
$1,554,314
$2,233,433
5.878956%
5.358535%
11
D. Investment Proceeds and Replacement Proceeds.
1. The District expects that the total costs associated with the
Project will be in excess of the proceeds of the Bonds available
therefor. Thus, the District expects that investment earnings on the
Bonds if any,
Bonds,
any will be used to defray a portion of such additional costs
associated with the Project.
12
6
D. Investment Proceeds and Replacement Proceeds.
...
2. The District reasonably expects that any amount derived from
the investment of proceeds received from the sale of the Bonds and
from the investment of such investment income will be expended
within three years of the date of delivery of the Bonds or one year after
receipt of such investment income, whichever is later.
13
F. Over-Issuance. Based upon the expectations set forth in the
preceding paragraphs, the proceeds of the Bonds (together with any
earnings from investments of such proceeds pending their
disbursement) are not expected to exceed the amount necessary for
the governmental purpose of the Bonds by more than five percent (5%)
of such amount.
14
7
H. Establishment of Funds.
1. Bond Fund. Amounts deposited into the Bond Fund established
pursuant to the Bond Order (hereinafter the "Interest and Sinking Fund") will
be used primarily to pay the principal of, and interest and Paying Agent's
fees on, the Bonds as such amounts become due. The District expects that
the revenues received from a tax levied by the District on all taxable property
in the District for and on account of the Bonds and amounts received from
i
investment
t
t off moneys held
h ld in
i the
th Interest
I t
t and
d Sinking
Si ki Fund,
F d will
ill be
b sufficient
ffi i t
to pay debt service each year on the Bonds. The District will adjust its
rates as necessary, taking into account other moneys available or to be
available, for the payment of debt service.
15
Amounts on deposit from time to time in the Interest and Sinking Fund
are allocable between the Bonds on the basis of the relative outstanding
principal amounts on any date of allocation of the Bonds, except that in the
case of any bond that was issued with original issue discount or premium in
excess of one-fourth of one percent multiplied by the number of complete
years to maturity of the issue, the present value of that bond must be used in
lieu of its outstanding principal amount. All amounts allocable to the
Bonds which will be used to pay principal of and interest on the Bonds
within 13 months of the date of deposit in the Interest and Sinking Fund
and which will be depleted annually except for a reasonable carryover
amount not in excess of the greater of one year's earnings on the
Interest and Sinking Fund or one-twelfth of the annual debt service on
the Bonds will constitute a bona fide debt service fund component of
the Interest and Sinking Fund (the "Bona Fide Portion") which shall be
16
invested without restriction.
8
The Financial Advisor has advised the District that, based on the scheduled debt
service
i
on the
th Bonds
B d and
d upon expected
t d increases
i
i debt
in
d bt service
i
resulting
lti
f
from
expected issuance of additional bonds in 2008 and 2009, the balance remaining in the
District's interest and sinking funds is appropriate and should be maintained at this time,
with a portion of the balance allocable to the Bonds in the Bond Fund consistent with
accepted standards of prudent fiscal management for similar governmental
districts and in order to provide a reserve against periodic fluctuations in the
amount and timing of ad valorem tax collections by the District for payment of debt
service. Amounts in the Bond Fund allocable to the Bonds may be invested without
restriction as to Yield unless such amount exceeds amounts allocable to a (i) bona fide
debt service fund for the Bonds and (ii) the amount allocable to a reasonable required
reserve fund for the Bonds, but in no event more than $ 950,000.00, in which case any
such excess will be invested at a Yield not in excess of the yield on the Bonds,
except as set forth in Paragraph J below. All amounts received from the investment of
the Bond Fund will be pledged to the payment of the principal of or interest on the Bonds
or otherwise restricted so as to give reasonable assurance of the availability of such
funds for such purpose.
17
Ap
portion of the Bond Fund will not comply
p y with the limitations set out
in Section H-1 above (the "Capitalized Interest Portion").
The
Capitalized Interest Portion does not exceed interest on the Bonds for a
period commencing on the delivery date of the Bonds and ending on the
date that is the later of three (3) years from the delivery date or one (1)
year after the date on which the Project is placed in service. The
Capitalized Interest Portion may be invested at an unrestricted yield as
described in Paragraph D.
The amounts so deposited to the Bond Fund were received as
(i) accrued interest from November 1, 2008 through the closing date, and
(ii) twelve (12) months of capitalized interest. Such amounts, together with
income from the investment thereof, will be used to pay a portion of the
first payment of interest to become due on the Bonds on July 1, 2009, and
18
9
to pay interest on the Bonds for the first twelve months and may be invested
without restriction as to Yield prior to that date. All of the net sales proceeds
deposited to the Capital Projects Fund and the Capitalized Interest Portion
of the Bond Fund to be used, together with the investment earnings thereon,
are expected to be allocated to expenditures on the Project within three (3)
years after the date of issue of the Bonds. The capitalized interest will be
used to pay interest on the Bonds within the earlier of three (3) years
from the issue
iss e date or one (1) year
ear after the date on which
hich the Project
is placed in service and, accordingly, may be invested without
restriction as to Yield prior to that date. If Bond Proceeds were not
used for capitalized interest, the interest rates at which the Bonds
could have been sold would have been adversely affected.
19
K.
Temporary Periods and Spending Exceptions.
1 Temporary
1.
T
P i d All off the
Period.
th nett sales
l
proceeds
d deposited
d
it d to
t the
th
Construction Fund, in the TCEQ Escrow Fund and the capitalized interest
portion of the Bond Fund, together with the investment earnings thereon, are
expected to be allocated to expenditures on the Project within three (3) years
after the date of issue of the Bonds.
Within six (6) months after the date of issue of the Bonds, the District will have
incurred a substantial binding obligation to a third (3rd) party to expend at least five
percent (5%) of the net sales proceeds of the issue on the Project. After the
substantial binding obligation to commence the Project is incurred, completion of
the Project and the allocation of the net sales proceeds of the Bonds to
expenditures will proceed with due diligence. Until the third (3rd) anniversary of
the date of issuance of the Bonds, all of the proceeds deposited to the Construction
Fund and the TCEQ Escrow Fund, and the investment earnings thereon, will be
invested without regard to the rate of investment return.
20
10
The District has made or is currently in the process of making
appropriate applications and filings to have substantially all funds in
the TCEQ Escrow Fund released at the earliest time permitted by the
Texas Commission on Environmental Quality (the “TCEQ”) which
governs the District’s use of borrowed proceeds. The TCEQ required
amounts be escrowed pending satisfaction of certain requirements
that could
co ld only
onl be met after bond proceeds were
ere available
a ailable to enable
the District to comply with state legal and regulatory requirements that
were prerequisites to the TCEQ’s requirements for release of the
escrowed funds.
21
L. Yield on the Bonds.
For purposes of this Certificate as to Tax Exemption, the term "yield"
shall have the meaning ascribed in Section 148(h) of the Code and means
that yield which when used in computing the present worth of all payments
of principal and interest to be paid on an obligation produces an amount
equal to the purchase price of such obligation. The yield on both the Bonds
and any investments allocable to the Bonds ("Non-purpose Investments")
shall be calculated by the same frequency interval of compounding interest.
In the case of the Bonds,
Bonds "purchase
purchase price
price" means the initial offering price of
the Bonds to the public (excluding all bond houses, brokers and other
intermediaries), which was $ 9,365,009.60. Any underwriter's discount,
issuance costs or costs of carrying or repaying the Bonds shall not be
taken into account as an adjustment to the purchase price.
22
11
The yield on the Bonds calculated in this manner by the Financial Advisor
and, based upon the Underwriter's Certificate as to Issue Price, is
5.872355%. As used herein, the term "Non-purpose Investment" does not
include obligations described in Section 103(a) of the Code.
23
Financial Cost of Bonds
Average Interest Rate
The interest rate which, if applied to all maturities, results in the same debt
service as was produced by varying interest rates per maturity. It is
derived by dividing the total interest cost of debt service to maturity by total
bond years (amount of each bond maturity times the years each maturity is
outstanding).
Net Effective Interest Rate
The Average Interest Rate, except that to the total interest cost of debt
service to maturity, the underwriter’s discount bid is added or any premium
bid is subtracted. The Texas Water Code requires that this calculation be
the basis for award of water district bonds.
24
12
True Interest Cost
This is derived
deri ed from present value
al e calculations,
calc lations which
hich recognize
recogni e that if you
o
have to pay back $100 ten years from now, the present value of that $100
today might be only $85, since with interest earnings on the $85
compounded semi-annually over the ten years, you earn $100 at the end of
ten years. To derive the True Interest Cost, calculate the interest rate that,
when applied to each semi-annual debt service payment, produces their
present values, which add up to the amount of funds the District receives
from the bond sale at delivery.
y
Arbitrage Yield
Similar to the True Interest Cost, calculate the interest rate that
produces present values that add up to the price charged by the underwriter
for each individual maturity of the bonds, less the cost of insurance.
25
Periods From
Dec 3, 2008
Date
Dec 3
Jan 1
Jul 1
Jan 1
Jul 1
Jan 1
Jul 1
Jan 1
Jul 1
Jan 1
Jul 1
Jan 1
Jul 1
Jan 1
Jul 1
Jan 1
Jul 1
2008
2009
2009
2010
2010
2011
2011
2012
2012
2013
2013
2014
2014
2015
2015
2016
2016
0.000000
0.155556
1.155556
2.155556
3.155556
4.155556
5.155556
6.155556
7.155556
8.155556
9.155556
10.155556
11 155556
11.155556
12.155556
13.155556
14.155556
15.155556
Debt Service
Present Value
Factor At
5.872355055%
Present Value
Debt Service
$338,955.00
254,216.25
254,216.25
254,216.25
254,216.25
254,216.25
1,979,216.25
207,210.00
2,007,210.00
159,960.00
2 049 960 00
2,049,960.00
110,347.50
2,100,347.50
57,612.50
2,152,612.50
1.00000000
0.99550850
0.96711236
0.93952621
0.91272692
0.88669207
0.86139984
0.83682905
0.81295913
0.78977008
0.76724248
0.74535746
0 72409670
0.72409670
0.70344238
0.68337721
0.66388439
0.64494758
$327,807.57
238,842.83
232,030.02
225,411.53
218,981.84
212,735.54
1,609,021.92
163,648.26
1,540,016.77
119,227.38
1 484 369 26
1,484,369.26
77,623.11
1,435,329.62
38,248.04
1,388,322.22
$12,434,512.50
Issue Price of Bonds
Accrued Interest
(Bond Insurance Premium)
Target for Arbitrage Yield
$9,365,009.60
46,606.31
(100,000.00)
$9,311,615.91
East Butte Municipal
Utility District
Arbitrage Yield
$9,311,615.91
Less: Target
($9,311,615.91)
26
Difference
$0.000
13
M. No Abusive Arbitrage Device.
1. In connection with the issuance of the Bonds, the District has not
employed any abusive arbitrage device which:
(a) overburdened the tax-exempt bond market by issuing more
Bonds, issuing Bonds earlier, or allowing Bonds to remain
outstanding longer than is otherwise reasonably necessary to
accomplish the governmental purposes of the Bonds, and
(b) enabled the District to exploit the difference between tax-exempt
tax exempt and
taxable interest rates to gain a material financial advantage.
27
N. No Arbitrage. Based upon the foregoing facts, estimates and
reasonable probability, the District does not expect to use the
proceeds of the Bonds in a manner which would cause the Bonds to
become "arbitrage bonds" within the meaning of Section 148 of the
Code and the Regulations. To the best of the knowledge, information
and belief of the undersigned,
g
, there are no other facts,, estimates or
circumstances in all reasonable probability that would materially
change such expectations.
28
14
Q. Record Retention.
Q
Retention The District has covenanted in the Order that it will
comply with the requirements of the Code relating to the exclusion of the
interest on the Bonds under section 103 of the Code. The Internal Revenue
Service has determined that certain materials, records and information
should be retained by the issuers of tax-exempt obligations for the purpose
of enabling the Internal Revenue Service to confirm the exclusion of the
interest on such obligations under section 103 of the Code.
ACCORDINGLY, THE DISTRICT SHALL TAKE STEPS TO ENSURE
THAT ALL MATERIALS, RECORDS AND INFORMATION NECESSARY
TO CONFIRM THE EXCLUSION OF THE INTEREST ON THE BONDS
UNDER SECTION 103 OF THE CODE ARE RETAINED FOR THE
PERIODS BEGINNING ON THE ISSUE DATE OF THE OUTSTANDING
OBLIGATIONS AND ENDING THREE YEARS AFTER THE DATE THE
BONDS ARE RETIRED.
29
S. Q
Qualified Tax-Exempt
p Bonds. The Bonds are designated
g
"qualified
q
taxexempt obligations" for the purposes of section 265(b)(3) of the Code:
1. The Bonds are not private activity bonds within the meaning of
section 141(a) of the Code;
2. The District reasonably anticipates that the aggregate amount of all
tax-exempt obligations which will be issued by the District, and all of its
subordinate entities,, if any,
y, during
g the calendar yyear does not exceed
$10,000,000; and
3. The District, and all of its subordinate entities, if any, will not
designate more than $10,000,000 in aggregate amount of qualified taxexempt obligations during the calendar year in which the Bonds are
issued.
30
15
AWBD Seminar Notes C Mid AWBD Winter Conference 2009
M
Number II-B
M
Title of Sanitary Sewer Overflow (SSO) Initiative/
Seminar SSO Case Study: Acton MUD
M
II-B
Time 10:15 - 11:15 a.m.
M
Location Salon C
M
Preview
In June, 2008, TCEQ announced the scope and terms of the Sanitary Sewer Overflow
(SSO) Initiative.
A sanitary sewer overflow (SSO) is a type of unauthorized discharge of untreated or
partially treated wastewater from a collection system or its components (such as a
manhole, lift station, or cleanout) before it has reached a treatment facility. Correcting the
problems that cause SSOs is usually time-consuming and expensive for municipalities;
thus, they may be reluctant to begin corrective actions, or they may delay such actions,
until the enforcement process requires them to act.
While the TCEQ recognizes that their total elimination is unlikely, SSOs can be addressed
before they affect the environment. The goals of the initiative are to reduce the number of
SSOs that occur each year in Texas and to address SSOs before they harm human health,
safety, or the environment and before they become enforcement issues.
ThIs seminar will review the scope of the SSO Initiative, who may participate and why it
may be advantageous for your district to participate in this initiative. Additionally, an actual
case study of the Acton MUD in North Texas will be presented.
M
Presenters
Presented by Clint Bissett, P.E., Enprotec/Hibbs & Todd, Inc. (eHT)
and Kim Laird, TCEQ
Clint Bissett, P.E. is a Project Manager for Enprotec / Hibbs & Todd, Inc. (eHT), a civil,
environmental and geotechnical engineering firm with offices in Texas. He has more than
10 years of experience in the design of utility infrastructure and water and wastewater
projects. His wastewater experience includes the design of several treatment plants, pump
stations and collection systems. His water treatment plant experience includes the design
of treatment plants utilizing microfiltration and reverse osmosis technology, as well as the
design of storage and pumping facilities and distribution systems.
Bissett has developed master plans for multi-plant wastewater systems and water and
wastewater treatment plants. He serves as a Project Manager and regularly handles
regulatory compliance issues for clients including his recent project involvement with the
SSO Program for the Acton Municipal Utility District (AMUD)
Kim Laird is a graduate of Texas A&M University -Galveston with a B. S. degree in Marine
Biology, with extensive experience in the field of water quality and wastewater treatment
facilities. Laird is currently a water quality investigator for TCEQ and previously worked for
the city of Deer Park, the Gulf Coast Waste Disposal Authority and Espey, Huston &
Associates.
1/11/2009
Sanitary Sewer Overflow
Initiative
What is a Sanitary Sewer Overflow
(SSO)

Uncontrolled or unauthorized release of raw or
partially
ti ll treated
t t d sewage from
f
the
th collection
ll ti
system or wastewater treatment plant
1
1/11/2009
What Is The SSO Initiative?

Reduce the number of SSOs

Address SSOs before human health and safety
and/or the environment are impacted

Address SSOs before they become
enforcement issues
What Is The SSO Initiative?
Plan
Install
Survey
Rehab/Replace
Rehab
Replace
Rehab
2
1/11/2009
Who Can Participate?




Municipal Wastewater Treatment facilities
with Sanitary Sewer Systems
Municipal Sanitary Sewer Systems (Subscriber
Systems)
Facility can call the TCEQ office and asked to
participate
Facility can wait for an
inspection and then asked
to participate
What Inspectors Look For








Daily Average or 2 Hour Peak Flow Violations
Significant
g
noncompliance
p
with other effluent limitations that
might be related to hydraulic loading
SSO History (number and volume)
Previous NOVs for SSOs
SSOs in impaired watersheds
SSOs with potential to impact
human health or environment
R
Repeated
t d complaints
l i t
Facilities already under an informal
compliance plan with the Regional
office
3
1/11/2009
How Will Participation Benefit My
Facility?



Prevents enforcement for most SSOs if the plan is
being
g followed
Allows facility to spend money on the SSO problem
instead of
penalties
Ensures the SSOs
addressed by the SSO
Plan will not affect
compliance history
rating
What to Expect




Meeting with the Regional Staff within 30 days of the
investigation to discuss the initiative
Discuss that the facility will have to agree to conduct
a sanitary sewer system evaluation
Agree to submit an SSO Plan that meets certain
requirements
R i technical
Receive
h i l assistance
i
materials
i l
from Small Business and Local
Government Assistance
4
1/11/2009
What Happens If We Don’t
Participate
What If We Don’t Participate?



An NOV will be issued if SSOs were noted in
th currentt investigation
the
i
ti ti andd were nott noted
t d in
i
the previous investigation
If the facility contact the Regional office,
without an investigation, then the SSO will be
evaluated at the next investigation
An NOE will be issued if the SSOs were
documented in the previous inspection
5
1/11/2009
What Should Be Included In The
SSO Plan







Cause of SSOs and interim measures that will be
taken to mitigate effects of continuing SSOs
Comprehensive evaluation of the sewer system
Description of Corrective Measures to address SSOs
Development or Improvement of the O&M Program
to ensure continued compliance
Time line for completing each milestone
Description of sources for funding
Provisions for evaluating effectiveness of
improvements
Where Can I Get Assistance For
Developing A Plan

Small Business and Environmental Assistance
Division – (512)239
(512)239--3100 or (800)447(800)447-2827
Information on funding
Guidance for a Fats, Oil, and Grease
Management Program (FOG)
Guidance for a Capacity, Management,
Operation and Maintenance Program
(CMOM)
6
1/11/2009
What Happens If Additional SSOs
Occur?
What Happens If Additional SSOs
Occur While I’m Participating?

Participation excludes the facility from formal
g as the SSOs
enforcement for SSO violations as long
do not result in a documented impact to human health
and safety or the environment

Should the above occur, that event will be reviewed
individually to determine if continued participation in
the initiative is appropriate

Formal enforcement action may be taken to address
the SSO resulting in documented impact
7
1/11/2009
What If My Facility Chooses Not To
Participate?

Participation is entirely voluntary

An NOV or NOE will be issued

There will be no protection from formal
enforcement for continuing SSO
violations
Participate?
8
1/11/2009
Participate?
Can My Facility Be Dropped From
The Initiative?

Yes, if a facility fails to respond appropriately
with
ith any required
i d time
ti schedules
h d l without
ith t a
prior approved variance
9
1/11/2009
What about Facilities That Don’t
Report SSOs?



They will not be allowed to participate in the
initiative
They will be monitored through new “Focused
Investigations” for SSOs and
Inflow/Infiltration
If it is determined that SSOs
or flow violations are occurring
and not being reported, NOVs
or NOEs will be issued
SSO Reduction – Just Bottle It!
10
1/11/2009
SSO Reduction Guidance and Other
Documents




Benefits of Protecting Your Community from SSOs –
www epa gov/npdes/pubs/ssoenweb pdf
www.epa.gov/npdes/pubs/ssoenweb.pdf
CMOM Program SelfSelf-Assessment Checklist
www.epa.gov/npdes/pubs/cmomselfreview.pdf
EPA Sanitary Sewer Overflow
http://cfpub.epa.gov/npdes/home.cfm?program_id+4
W
Water
Environment
E i
Federation
F d
i
CMOM www.cmom.net
Documents
American Society of Civil Engineers Reports
O ti i ti off Collection
Optimization
C ll ti System
S t
Maintenance Frequencies & System
Performance Protocols for Identifying
SSOs
SSO Solutions
http://cfpub.epa.gov/npdes/sso/toolbox.cfm?pro
ram_id=4 Technical & Issue Papers

11
1/11/2009
Documents


American Public Works Association Preparing Sewer
Overflow Response Plans: A Guide For Local
Governments www.pubworks.org/catalog (water
resources link)
City of Austin Pretreatment
SSO & FOG
www.ci.austin.tx.us/water/
i
i
/
/
wwwssd_iw_sso.htm
12
1/11/2009
SSO CASE STUDY:
ACTON MUNICIPAL UTILITY DISTRICT
Presented by:
Clint Bissett, P.E.
BACKGROUND
The Acton Municipal Utility District (AMUD) is located approx. 30
is located approx. 30 miles southwest of Ft. Worth and provides water service to 6,654 water connections and 3,183 sewer connections.
SSO CASE STUDY – AMUD
Enprotec / Hibbs & Todd, Inc.
1
1/11/2009
AMUD’S SEWER SYSTEM
• Beginning in August of 2003, AMUD undertook a multi‐phase sanitary sewer evaluation to better determine the condition of their sanitary sewer collection system and gain an understanding of the extent and nature of problems within their system.
• Specifically, AMUD sought to quantify and determine where rainfall dependent infiltration and inflow (I/I) was entering the sanitary sewer system.
AMUD’S SEWER EVALUATION
• The sewer evaluation utilized three means to assess location and extent of I/I problems including:
– Flow monitoring
Flow monitoring
– Manhole inspections
– Smoke testing
2
1/11/2009
• The sewer evaluation identified areas in the system contributing to I/I problems.
• Those areas were rated and prioritized according to the Those areas were rated and prioritized according to the
severity of the condition and the impact on flows caused by the system defect. SSO CASE STUDY – AMUD
• AMUD’s evaluation generated repair cost information for repairing defects in the system
system.
• With sufficient information in hand to focus manpower and resources on priority problem areas in the system, AMUD began a prioritized and focused effort to correct deficiencies in df
d ff t t
t d fi i i i
their system.
3
1/11/2009
SSOs IN AMUD’S SYSTEM
• As work progressed to repair defects and improve the AMUD system, sanitary sewer overflows happened during and after weather events.
• AMUD reported these events, and as they are prone to do…TCEQ took notice.
t d TCEQ t k ti
SSOs IN AMUD’S SYSTEM
• Based on reported SSO events, TCEQ approached AMUD in the Spring of 2006 with an offer to participate in the SSO Abatement ff
h
b
Program.
• One of the requirements of the agreement q
was that AMUD would be required to submit an abatement plan including the following elements:
4
1/11/2009
ABATEMENT PLAN ELEMENTS
– A description of the causes of SSOs in the system.
– Interim measures to minimize the effects of continuing SSOs.
– A comprehensive evaluation of the system.
– A description of the corrective measures with milestones and timelines to address continuing SSOs.
ABATEMENT PLAN ELEMENTS
– Provisions for improvement.
– Development and implementation of an O&M D l
t di l
t ti
f O&M
program to ensure continued permit compliance.
– Sources of funding.
– Provisions for evaluating the effectiveness of improvements.
5
1/11/2009
AMUD’S SSO ABATEMENT PLAN
• An agreement was reached and AMUD entered into an SSO abatement agreement with TCEQ in the Fall of 2006. The SSO agreement spans a 10‐year period with the final certification of completion coming from h fi l
ifi i
f
l i
i f
AMUD at the 10‐year mark.
• The agreement recognized the sanitary sewer evaluation already conducted by AMUD in 2003‐2004 and incorporated those findings into the agreement. It also requires AMUD to complete a follow‐up
also requires AMUD to complete a follow
up evaluation on parts of their system not already evaluated.
• On an annual basis AMUD must:
– Correct 20% of the Priority 1 manhole defects and clean 10% of the identified debris‐laden piping.
– Inspect 20% of the Priority 3 manhole and piping defects to evaluate the need for rehabilitation and repair.
– Reclassify defects as warranted.
6
1/11/2009
• Within 2 years of the agreement, AMUD was required to hydraulically evaluate chronic overflows at pumping stations and establish a record‐keeping system to document pump station run times.
• Within 3 years of the agreement, AMUD was required to identify and evaluate the need for pump station upgrades.
• Within 4 years of the agreement, AMUD was required to complete the second phase of the sanitary sewer evaluation of its system. • The agreement made provisions for ultimate correction and revaluation of all Priority 1 and 2 defects in the system.
• As part of the agreement, AMUD provides annual progress reports to TCEQ to keep them l
t t TCEQ t k
th
apprised of progress made on correcting known defects and ongoing system evaluations. SSO CASE STUDY – AMUD
7
1/11/2009
• After about 2 ½ years working to meet the conditions of the agreement AMUD has diti
f th
t AMUD h
completed:
– 50% of the identified manhole repairs; and
– 41% of the identified pipeline repairs.
8
AWBD Seminar Notes C AWBD Winter Conference 2009
M
Number II-C
M
Title of District To District, Neighbor To Neighbor
Seminar
M
II-C
Time 10:15 - 11:15 a.m.
M
Location Salons D&E
M
Preview
View any map of developed areas with utility districts and you’ll see a patchwork quilt of
communities bordering each other, sharing boundaries and often sharing resources. While
facilities’ projects are not commonplace, interconnects and other agreements to the mutual
benefit of neighboring districts are very common. Yet, directors seldom address the
relationship that grows from working with neighboring districts.
In this seminar, experienced water industry professionals will examine the components of
good relationships between districts and how they can work for the benefit of all involved.
Whether in terms of daily operation or dealing with emergencies, it is important to recognize
and strengthen these cooperative arrangements so that all participants truly are good
neighbors.
M Presenters
Todd A. Burrer, SouthWest Water Company, Jim Gillam, Severn Trent Environmental
Services, Inc. And David B. Rowe, Water District Management, Inc.
Todd A. Burrer is Special Projects Manager for SouthWest Water Company in the
Houston region. He is also a MUD director, serving residents of northwest Harris County
and also serves as a member of the AWBD Advisory Council. He is a frequent presenter
at AWBD conferences. He holds a B.M.E. Degree from Texas Christian University and has
compled the water and wastewater training course at Texas A&M University.
Jim Gillam is Regional General Manager for Severn Trent Environmental Services, Inc.
and has been with the company since 1976. He oversees all activities in the Gulf MUD
Region, which serves municipal utility district clients across the state of Texas. Gillam has
extensive experience in all aspects of operations, including supervision of management
staff, business development, management of water and wastewater facilities, maintenance
operations, district facility inspection and preventive maintenance, central purchasing and
quality assurance/quality control staff, meter reading/billing and customer service.
He holds Water and Wastewater Operator Certification in the State of Texas, and maintains
a professional affiliation with the following associations: American Water Works
Association, AWBD, Water Environment Federation, Texas Water Utilities Association,
Sam Houston Water Utilities Association, Greater Fort Bend Economic Development
Council, Katy Economic Council and the Waller Economic Development Council.
David B. Rowe holds the position of Corporate Vice President of Water District
Management, Inc. (WDM). His experience in the fields of water, wastewater and plumbing
is the result of almost 30 years of field experience and study. Through his work history, he
is well versed in the areas of construction, plant operations and district management. He
has been certified for licensing for TCEQ Class “A” water operator and Class “B”
wastewater, as well as Backflow Prevention Assembly Tester. He is an active member of
numerous organizations including the Texas Water Utilities Association (Sam Houston
District), the American Water Works Association and AWBD-Texas.
M
Number III-A
M
Title of Achieving An Energy Trifecta
Seminar Compliance, Efficiency & Disaster Preparedness
M
III-A
Time 11:30 a.m. - 12:30 p.m.
M
Location Salons A&B
M
Preview
M Presenters
Winning the battle for energy conservation and fiscal accountability is a major challenge
for utility districts. In this timely seminar, the blueprint for success in this arena is drawn
by two of the most knowledgeable professionals in the industry. Outlining a comprehensive
overview of the energy challenges facing the water industry, they will present what they
term “a roadmap to success” and list the individual steps a district can take to win the
“energy trifecta” and be prepared for the challenges of cost, conservation, efficiency and
disaster preparedness.
John D. Elder, III, Legacy Energy Solutions, and
Lianne Lami, P. E., C.E.M. BOCCI Engineering LLC.
John D. Elder, III is President and CEO of LEGACY Energy Solutions. Considered the
guiding force behind LEGACY's strategic service offerings, business model and value
proposition, he established LEGACY in 2003 and has a proven track record of more than
20 years as a business leader who has successfully launched companies in a variety of
industries. His experience and leadership has provided him with a keen understanding of
the challenges businesses face in managing in today’s volatile markets. In founding
LEGACY, Elder saw the opportunity to provide businesses of all sizes with total energy
management solutions. By building scalable technology, a customer centric culture and
expertise previously reserved for only the largest companies, LEGACY has grown to be
one of the premier providers of outsourced energy management.
Lianne Lami, P.E., C.E.M. is the founder and President of BOCCI Engineering, LLC. She
has more than 20 years in developing and managing multi-million dollar energy projects for
major corporations. After years of leading and managing corporate teams, she took her
entrepreneurial spirit and set out to build Bocci Engineering. Since the company’s inception
in 2002, her business has grown to include some of the markets’ biggest clients;
ExxonMobil, Gensler Architects, Siemens, Department of Veteran’s Affairs, Constellation
Energy, and many institutional entities, such as American Council for Energy Efficiency
(ACEEE), City of Houston, University of Texas and Texas A&M University. Her business
model is to assure client satisfaction through the delivery of high quality technical services
and consulting support for integrated energy and environmental projects. Her firm
specializes in energy efficiency, LEED® Consulting, asset risk management, power and
thermal generation, operations and emissions optimization, Commissioning, Measurement
& Verification, clean and renewable energy, detailed engineering development and project
management.
Compliance,
p
, Efficiency,
y, & Disaster Preparedness
p
AWBD Winter Conference
January 2009
Proprietary & Confidential
1
Agenda
Municipal Utility District – Our Energy Challenges
Compliance – It’s All In The Data
Efficiency – Measure, Verify and Satisfy
Disaster Preparedness – Ike Brings New Awareness
Winning The Race – A Roadmap for Success
2
1
Municipal Utility Districts
Energy Challenges
Compliance Requirements
• Understanding Current & Pending Legal/Regulatory Requirements (e.g. HB 3693, HR 1424)
g Sufficient Transparency
p
y Around Actual Energy
gy Costs & Savings
g To Meet Requirements
q
• Producing
Efficiency
• Understanding Current Facility Performance Levels Vs. Performance Needed
• Managing Systems To Support District Growth
• Reducing Facility Emissions
Disaster Preparedness
•The Aftermath of IKE
• Stabilizing Your Operations
• Ensuring Readiness For The Next Ike
LBL3
LBL4
3
Compliance
It’s All In The Data
HR 1424
HB 3693
• Establishes energy demand, load, & efficiency
objectives for political subdivisions, state agencies,
or institutes of higher learning
e ds p
provisions
o so so
of tax
a incentives
ce
es for
o renewable
e e ab e
• Extends
applications.
• Extends provisions of tax incentives for energy
efficiency applications.
• Requires minimum of 5% reduction in electricity
each year for 6 years beginning in 2007
• Tax credits and deducts can go to the Design-build
contractor, reducing cost to MUDs
• Compliance requirements for customers with
annual energy spends of $200,000 or higher
• Accelerated depreciation for Smart Metering
• Requires reporting on a publicly available website
How To
Comply
•
•
•
•
Create clean, normalized energy data baseline to serve as benchmark
Prepare reports needed to document compliance
Publicly post reports as required
Track results an ongoing basis to verify continued compliance
4
2
Identifying
Efficiency Hurdles
Overcoming Budget Constraints
Discovering Energy Efficiency Incentive Programs
Lack Of Tools and Systems To Demonstrate a Return On Investment ( ROI)
Deploying Innovative & Environmentally Sound Solutions For Today and Tomorrow
Limited Knowledge On Feasibility/Availability Of Renewable Alternatives
5
The Ike Impact
6
3
Hurricane Risk Factors
Access To Fresh Water
Contaminated Water Due To Extended Power Outages
Environmental Protection Agency (EPA) Violations
Lack Of Consideration Of MUD’s As A Top Priority In Disaster Response/Recovery
High Costs For New/Replacement Materials To Restart Processes (e.g. chemicals)
Unavailable/Non-Existent Backup Generation Resources
Insurance/Liability Issues – Power Outages Not Typically Covered, Only Building
Damage Responsible Party
Damage,
Part For Equipment
Eq ipment Failures
Fail res Often Unclear
Community Backlash – Overflows Backing Up Into Homes, Odor Buildup
Centerpoint’s Critical Load List (Water & Sewer Meters)
7
Energy Checklist
Compliance
Create Energy Data Repositories To
...Support:
Regulatory Compliance & Performance
Based Approach (e.g. benchmarking,
measurement, & verification)
 Establish Mechanisms To Provide
Necessary Reports & Ongoing Tracking
Post data to public website and submit report
…to SECO
Efficiency
 Identify Efficiency Initiatives That Will
Pay For Themselves Over Time
 Develop A Strategic Efficiency Plan
To Document Current State, Ultimate
Goals, & Performance Measurement
Disaster
Preparedness
 Register For CenterPoint Critical Load
….Program - Gives MUDs Proper Priority For
….Disaster Response
 Establish & “Right Size” Emergency
Generation Vehicles
 Identify Feasible Externally Funded
Incentive Programs (e.g. demand
response, capital improvement
incentives, energy share, etc.)
 Implement Smart Metering To Identify &
Manage Savings Levels
 Evaluate Feasibility Of Renewable Energy
Sources (e.g. wind, solar, biofuels)
 Optimize Procurement Contracts –
Minimize Costs/Risk & Manage Market
Volatility
8
4
Available Energy
Incentives
Tax credits
 Available from federal government
 Offset cost of energy efficiency projects
projects, renewable energy projects
Incentive payments
 Typically available from utility companies
 Based on electricity consumption and demand reduction from all projects
Demand response programs
 Facilities that can shed load in emergency conditions can be paid to do so
 Flat rate or market-based programs available
Low-interest loans
 Certain projects can qualify for low
low-interest
interest loans
 Loans are structured so that they are paid back with money saved on energy,
resulting in net-zero outlay of capital
9
5
M
Number III-B
M
Title of Life After Conversion To A Treated Surface
Seminar WaterSupply: Understanding The Challenges
M
M
M
III-B
Time 11:30 a.m. - 12:30 p.m.
Location Salon C
Preview
More and more water providers in Texas are considering surface water to augment their
groundwater supplies and also meet the mandates established to control land subsidence.
Owners and operators of water systems that have converted from the use of groundwater
to the partial or total use of treated surface water are faced with new regulatory,
operational, and customer expectation challenges.
This presentation will discuss the challenges associated with surface water conversion and
some of the measures that water providers are taking to reduce the impacts of conversion.
Specific issues addressed will include system management practices for three potential
problem categories: microbial disinfection, chemical/biological stability of water and
aesthetic considerations.
M Presenters
Trent Slovak, P.E., BCEE, and Sunil Kommineni, Ph.D., P.E., BCEE, Malcolm Pirnie,
Inc.
Trent Slovak, P.E., BCEE, is a Senior Associate in Malcolm Pirnie’s Houston office. He
has more than 25 years of experience in environmental engineering that includes several
surface water treatment plant and distribution system water quality projects in the Houston
area.
Dr. Sunil Kommineni, P.E., BCEE, is the leader of Malcolm Pirnie’s drinking water
process and planning team. He has worked with several water providers in Texas that
converted or are in the process of converting to surface water. He has been with Malcolm
Pirnie, Inc. for more than 10 years.
21st Century Distribution System Water Quality
Issues and Solutions
Sunil Kommineni, PhD, PE (AZ), BCEE
Texas Drinking Water Seminar Series 2007
September 18, 2007
Life After Conversion to a
Treated Surface Water
Supply: Understanding the
Challenges
Trent Slovak, PE, BCEE
Sunil Kommineni, PhD, PE, BCEE
2009 Mid Winter Conference
January 24, 2009, Austin, Texas
© 2007 Malcolm Pirnie, Inc. All Rights Reserved.
INDEPENDENT ENVIRONMENTAL ENGINEERS, SCIENTISTSSOLUTIONS
AND CONSULTANTS
FOR LIFE
Purpose of Presentation
 Surface Water Conversion
Drivers
 Surface Water vs
Groundwater
 Surface Water Integration
 Surface Water Challenges
 Preparation for Conversion
INDEPENDENT ENVIRONMENTAL ENGINEERS, SCIENTISTS AND CONSULTANTS
1
September 18, 2007
Outline
 Surface Water Drivers
 Regulatory Issues
 Surface Water
Implementation
 Surface Water Integration
 Surface Water Challenges
 Aesthetic Considerations
 Operational Considerations
Surface Water Conversion
Drivers
 Water supply versus demand
considerations
 Increase in water demands from growth
g
and development
 Extended pumping of groundwater may
not be a sustainable option
 Diversification of water supplies
 Surface water to supplement
groundwater
G
d
i reduction
d i
 Groundwater
pumping
mandates
 Mandates based on reducing land
subsidence and flooding
2
September 18, 2007
Surface Water Implementation
 Purchase treated water from a
wholesale provider
p
 Contract with a wholesale water
provider (Houston, TRA, GBRA)
GBRA Western Canyon WTP
 Build your own surface water
treatment plant
 Several systems in Fort Bend
County are building water treatment
plants to treat Brazos River water
Pecan Grove MUD EST
Surface Water Integration
 Blend surface water with groundwater
in existing
gg
ground storage
g tanks
 Use existing infrastructure to pump
blended water into the system
 Use blending to manage water quality
 Directly connect surface water to
distribution system
 Reduce re-pumping (energy and costs)
 Some areas of the system would receive
100% surface water
3
September 18, 2007
Surface Water Characteristics
 Surface water has “naturally-occurring” minerals,
organics and biological materials that impart taste, odor
and color to it
+
Groundwater
Oyster Creek Water
Surface Water Challenges
 Regulations
 Water Quality
4
September 18, 2007
 Regulations
 Water Quality
Safe Drinking Water Act
Regulations
LT2ESWTR and Stage
2 DBPR
2007
2008
2009
2010
2011
2012
2013
2014
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
IDSE / Monitoring
Groundwater Rule
Radon Rule (prop – ’99)
LCR Clarifications
TCR and DSR
FACA
(New information for TCE, Alachlor, Atrazine, and others)
Six-year Review
CCL2
(11 of 51 will not be regulated. Additional info needed for MTBE and Perchlorate)
CCL3
UCMR2 (incl. NDMA)
Arsenic Rule
Proposed Rule/Preliminary Notice
Final Rule/Notice
Rule Effective
5
September 18, 2007
WQ
Q
Deccay
Water Quality
Water Quality Profile
Decay Rate
Time and Distance
Customer's
Source
Treatment
Distribution
Tap
Future Regulations Increase Focus
on Distribution System
 Stage 2 D/DBP Rule shifts the DBP
compliance focus to the distribution system
 Total Coliforms Rule Revisions
 ~25% of the outbreaks are distribution system
related
 Address inadequacies of Total Coliforms Rule
(chemical contamination
contamination, non-fecal pathogens)
 Aging infrastructure and associated risks
 Cross-connection and backflow prevention
6
September 18, 2007
 Regulations
 Water Quality
Water Quality Challenges
 Nitrification can occur in surface waters that use
chloramines for residual disinfection
 Conversion from groundwater to surface water can
result in red water
 Blending of chloraminated surface water and
chlorinated groundwater can cause breakpoint
chlorination
7
September 18, 2007
What is Nitrification?
The microbiological oxidation of ammonia to
nitrite and ultimately
y to nitrate
NH3
Ammonia Oxidizing
Bacteria (AOB)
NO2-
Ammonia
Nitrite
Typically Nitrosomonas sp.
autotrophs in distribution systems
Nitrification Cycle
NOM
Nitrification
NH4+
NH3
+ 
HOCl
AutoNH2Cl
decomposition
AOB
NH4+
NOB
NO2+
NO3-
NH2Cl
NH4+
Iron Tubercle
Biofilm
Organic
Nitrogen
8
September 18, 2007
Early Warning is Critical to
Control Nitrification
 Nitrification
causes
 Increase in
nitrite/nitrate
 Decrease in
ammonia
 Decrease in pH,
alkalinity, DO
Total Ammonia
1.0
1.5
Nitrite
Total Chlorine
0.8
1.2
0.6
0.9
0.4
0.6
0.2
0.3
0.0
0
Total Chlorine (mg/L)
 Increase in HPC
Ammonia or Nitrite Concentra
ation as Nitrogen
(mg/L)
 Loss of residual
Tiered Nitrification Management
Plan
 Maintain chlorine to ammonia
ratio of 5 to 1
 Consider booster chlorination
to tie-up free ammonia
 Periodically flush the system
 Reduce water age
 Increase mixing in tanks
 Conduct free chlorine burnout
(short durations, targeted
areas)
Nitrification Response
NO2-N  0.010 mg/L?
Yes
Action Level I.
Background nitrite.
Continue
Continue
wklyweekly
monitoring
monitoring
Yes
Action level II Triggered.
Continue weekly
monitoring
Yes
Action level III Triggered.
Increase monitoring to
daily at affected site
No
0.010 < NO 2-N 
0.015 mg/L?
No
0.015 < NO 2-N 
0.025 mg/L?
No
NO 2-N > 0.025 mg/L?
Yes
Action level IV Triggered.
Repeat
Repeatthe
theanalysis
analysisfor
for
NO 2-N immediately
NO 2-N > 0.025 mg/L?
No
Yes
Yes
Isolate, breakpoint
chlorinate,,monitor
chlorinate
monitor
Isolate if possible, flush
pipes thoroughly,
breakpoint zone tanks if
nitrification is still
occurring
Storage
Tanks
Storage
Storage tank
tank or
or
distribution?
Distribution
Sites
9
September 18, 2007
When Do We
Get Red
Water?
Source
Water
Change
Significant
Treatment
Change
pH, Alk,
TDS, LSI, Flow
Direction,
Flow Velocity
?
TAP
Customer
Complaints of
Red Water,
Leaching of Pb,
Cu
Pipe Internals have Layers of Scale
and Corrosion By-products
 City’s system includes several hundred miles of pipes
 Materials,
Materials age and diameters of pipe vary significantly
10
September 18, 2007
Pipe Loop Testing
Pipe Loop Setup
 Retrieved cast iron pipes from
several problem areas
 Evaluated various water quality
and flow conditions
Pipe Classification
Half Unit Decrease in pH Resulted
in Three Fold Increase in Iron
Release (For Low Alkalinity Water)
3 0
350
Loop 1: pH=8.5
LoopAlkalinity
2 and 3: pH =8
= 50
Alkalinity: 45 - 55 mg/L
5
mg/L
4
250
Turbidity (NTU)
Total Fe (ug/L)
300
200
150
100
Loop 1: pH=8.5
Alkalinity
Loop
2: pH =8 = 50 mg/L
Alkalinity: 45 - 55 mg/L
3
2
1
50
0
0
pH = 8.5
pH = 8
pH = 8.5
pH = 8
11
September 18, 2007
Corrosion Control Measures
 Produce chemically and
biologically stable water
200
All Loops:
Alkalinity: 55 mg/L
pH: 8.5
180
 Consider corrosion
inhibitors for problem
areas
 Minimize flow fluctuations
and reversal
Total Fe (ug/L)
160
140
120
100
80
60
40
20
Control Loop
 Conduct
C d t periodic
i di flushing
fl hi
0
Loop 1
Orthophosphate
Loop 13
Stannous Chloride
Loop 15
 Use lined or plastic pipe
for future pipes
Mixing of Chlorinated and
Chloraminated Waters may Result in
Breakpoint Chlorination
Tottal Chlorine Residual, mg/L
NH3 = 0.5
0 5 mg/L
Free Cl2
Breakpoint
5:1 Ratio
NH2Cl
Cl2 between
0 and 2.5 mg/L
~ 7.6:1 Ratio
NH2Cl and
NHCl2
Possibly some
NCl3
Cl2 between
2.5 and 5.0 mg/L
Cl2 greater than
5.0 mg/L
12
September 18, 2007
Dual Disinfectants Control
Measures
 Monitor and manage blending zones
 Develop water quality based SOPs for
blending
 Consider use of single disinfectant
throughout the system
 Regulations
 Water Quality
13
September 18, 2007
Operational Considerations
 Good mixing of groundwater and surface water
 Cycling of storage tanks
 Periodic flushing of problem areas
 Manage water age
Conclusions
 Proactively planning and
managing surface water
conversion:
 Assists with regulatory
compliance
 Increases customer
satisfaction
Additional Resources
14
September 18, 2007
Questions
Trent Slovak, PE, BCEE
Malcolm Pirnie, Inc.
1700 West Loop South, Suite 1450
Houston, TX 77027
713-960-7434; TSlovak@pirnie.com
Sunil Kommineni, PhD, BCEE
Malcolm Pirnie
Pirnie, Inc
Inc.
1700 West Loop South, Suite 1450
Houston, TX 77027
713-960-7406; SKommineni@pirnie.com
15
M
Number III-C
M
Title of Crisis Management
Seminar
M
III-C
Time 11:30 a.m. - 12:30 p.m.
M
Location Salons D&E
M
Preview
All of us would like to be a public relations expert in times of stress and crisis. Who better
to guide you through the toughest of times than a former TV reporter who is both an Emmy
Award winner and a hit with AWBD delegates when he presented an outstanding program
at the 2008 Mid Winter Conference.
Points to be covered include:
•
•
•
•
•
•
How to come up with stories the media will love
The best and worst times for news coverage
How to keep your press releases from being thrown away
How to become the "expert” in your field who the media calls for a quote
How to handle negative news
How to keep reporters coming back for more
This informative, interactive seminar will put you at the top of the positive PR game. And,
you won't want to miss the bubbles!
M Presenter
Jeff Crilley retired from TV news after 25 years in the business to start his own PR firm.
During his career in television news he made hundreds of national news appearances
including CNN, CNN Headline News, FOX News, The Discovery Channel, Good Morning
America and The CBS Early Show.
He has been recognized by his peers with dozens of national and regional awards
including the Emmy, the National Headliners Award, the Edward R. Murrow Award, the
Thurgood Marshall Award and in 2004 was named by the Texas Associated Press, "The
Best TV Reporter” in the state.
M
Number IV
M
Title of Dealing With Disaster
Seminar
M
IV
Time 2:00 - 3:30 p.m.
M
Location Austin Grand Ballroom
M
Preview
Disaster. Within the past few years, districts in Texas have had to deal with more than their
share. Battered by natural forces, districts have had their resources pushed to and beyond
their limits. Directors have dealt with harrowing experiences and increasing responsibilities
that have mandated higher-levels of preparedness than anyone ever could have predicted.
In the wake of Hurricanes Katrina and Rita, lessons were learned and strategies
implemented. If anyone had told us these were only the preliminary events and that the
big event was on the horizon, few would have believed things could top what 2005 dealt
the Texas water industry. Then came September, 2008 and Hurricane Ike.
In this session, AWBD brings together an unprecedented line-up of leaders who were on
the front lines of disaster preparedness and disaster recovery for Texas and for three
counties hard hit: Fort Bend, Galveston and Harris. Their combined cool-headed, commonsense leadership in a time of real crisis provided rapid response and real concern for their
communities. Their performance “under fire” provided a model for the nation in how to get
things done. This is a seminar for the history books and one AWBD delegates will long
remember, while taking to heart the lessons learned from those who were on the front lines.
M Presenters
Steven McCraw, Director Texas Homeland Security and The Honorable Ed Emmett,
County Judge, Harris County; The Honorable Robert Hebert, County Judge, Fort
Bend County; and, The Honorable James Yarbrough, County Judge, Galveston
County.
Steven McCraw, Director Texas Homeland Security. In 2004, Steven McCraw was
named as the Director of Texas Homeland Security by Governor Rick Perry and brought
an extensive law enforcement and intelligence background to critical position. He as been
an assistant director of the FBI’s Inspection Division, where he oversaw evaluation of FBI
operations strategic planning and execution and internal investigations. During his career
with the FBI, he was appointed assistant director of the FBI’s Office of Intelligence and
special agent in charge of the San Antonio office. In October, 2001, he was selected by
then U. S. Attorney General John Ashcroft to serve as director of the Foreign Terrorist
tracking Task Force. A native of El Paso, McCraw began his career in law enforcement
with the Texas Department of Public Safety. He will present an overview of the
responsibilities of the State Emergency Response team.
Edward M. Emmett, Harris County Judge. Edward M. Emmett was unanimously
appointed County Judge by Harris County Commissioners Court on March 6, 2007, upon
the resignation of former Judge Robert Eckels. On November 4, 2008, Emmett was elected
County Judge for the term through 2010.
IV
A member of the Texas House of Representatives from 1979 to 1987, Emmett was
chairman of the Committee on Energy, a member of the Transportation Committee, and
represented the state on numerous national committees relating to energy and
transportation policy.
In 1989, President George H. W. Bush nominated Emmett as a Commissioner at the
Interstate Commerce Commission. After being confirmed unanimously by the United States
Senate, he served on the commission for three years.
Judge Emmett serves on numerous boards and commissions including the Harris County
Juvenile Board, which he chairs; County Executives of America, board member; Texas
Environmental Research Consortium, board member; Houston-Galveston Area Council,
board member; Transportation Policy Council, board member and Legislative Committee
chairman; Harris County Joint City/Council Commission on Children, member; University
of Houston College of Technology Board of Advisors, board member; and, Board of
Directors of the American Society of Transportation and Logistics, board member.
Prior to becoming Harris County Judge, Emmett founded The Emmett Company, a
multi-faceted international consulting and marketing firm specializing in policies, products
and services primarily related to the transportation Judge Emmett has spoken at
transportation conferences and meetings across the United States and in more than 15
countries. He was named one of the Top 20 Logistics Professionals by the Logistics Forum
in 2003, and the Transportation Clubs International presented him its "Transportation
Person of the Year" award in 2005.
Judge Emmett attended Bellaire High School. He graduated from Rice University in 1971
with a Bachelor of Arts degree in Economics and from the University of Texas at Austin in
1974 with a Master of Public Affairs degree.
Judge Emmett and his wife, Gwen, have been married for 33 years and have four children
and two grandchildren.
Robert E. Hebert, Fort Bend County Judge. Robert E. Bob Hebert assumed the office
of Fort Bend Constitutional County Judge on January 1, 2003. As County Judge he
presides over Commissioner's Court, which oversees the county's 2000 employees and
its $250 Million budget. Judge Hebert also serves as Chairman of the Fort Bend County
Juvenile Board.
A Veteran of the US Navy, Judge Hebert holds an Associate’s Degree from South Texas
College and a Masters Degree in Business Administration from Pepperdine University and
has completed additional graduate studies at the University of Texas at Austin. He spent
35 years in the water utility industry developing successful service companies that he later
sold to Southwest Water Company. He remains a Trustee of the Texas Water Conservation
Association, a member of the National Water Resource Association and is President-elect
of the National Council for Public-Private Partnerships. Judge Hebert is often called to
advise public and private water organizations on industry matters.
Judge Hebert's prior public and community service includes service as a Director of the
Brazos River Authority, as President and Trustee of the Alief Independent School District,
as the court-appointed temporary Receiver for Arcola, Texas, as President and Director of
the Fort Bend Chamber, as a Director of the Rosenberg-Richmond Chamber of Commerce
and as Vice-Chairman of the Greater Fort Bend Economic Development Council.
James D. Yarbrough, Galveston County Judge. James D. Yarbrough has been serving
as County Judge in Galveston County since 1995. He works aggressively to develop
governmental partnerships and is focused on Emergency Preparedness. Prior to being
elected Galveston County Judge, he was a banker for 10 years and a consultant to
businesses throughout Galveston County through James D. Yarbrough & Company.
IV
He attended the University of Texas at Austin on an athletic scholarship and captained the
Longhorn Southwest Conference Football Championship team. He was named to the AllSouthwest Conference football team and was the first player in the NCAA to play as a
graduate student.
He received a BBA Degree from the University of Texas at Austin with majors in finance,
accounting and real estate.
Annual Conference
ANNUAL CONFERENCE REGISTRATION INFORMATION
Dates:
Thursday, June 18 - Saturday, June 20, 2009
Conference
Location:
American Bank Center, Corpus Christi, Texas
Register Now:
Register now for the Annual Conference. The Conference Registration and
Emergency Forms are included in your Mid Winter Conference Notebook on
the following pages.
Housing:
There is no housing form. AWBD does not handle housing. Housing for the
Annual Conference will be handled only through the following internet
reservations link, available February 1, 2009:
http://www.housingweb.net/RoomRequest.php?state=val_id&ID=2226
Note on Check In/Check Out Dates
If you plan to play in the Compliance Open Golf Tournament on Thursday, June 18
and plan to arrive in Corpus Christi on Wednesday, June 17, please indicate your
check in date as June 17 If you plan to attend the Saturday Night Social event
on Saturday, June 20, please indicate your check out date as June 21, 2009
(Sunday).
Forms:
The Annual Conference Registration Form is available in your Mid Winter
Conference Notebook in this section on the following page. There are no on site
registrations for the Annual Conference. Guests must be registered in advance
for guest badges and privileges. Only one guest per registered delegate.
Guests must be 21 years of age or older. Guests may attend only specific
social events for which the attending delegate has registered. There is no
guest registration at the Annual Conference. Register by May 7, 2009 and take
advantage of “Early Bird” rates.
You may call the AWBD office at 800/597-0122 or 281/350-7090 for any
additional information or help with conference registration.
AWBD EMERGENCY DATA FORM
NAME
RESIDENCE ADDRESS
STREET
CITY / STATE
ZIP CODE
CITY / STATE
ZIP CODE
DISTRICT / CONSULTANT NAME
ADDRESS
STREET
WHERE ARE YOU STAYING DURING THE CONFERENCE?
LOCATION / HOTEL
ROOM NUMBER
PHONE NUMBER
IN THE EVENT OF AN EMERGENCY, PLEASE NOTIFY:
NAME
TELEPHONE (
)
ADDRESS
STREET
CITY / STATE
ZIP CODE
RELATIONSHIP OF THIS PERSON TO YOU
IN THE EVENT THAT PERSON CANNOT BE REACHED,
WHO SHOULD BE CONTACTED?
NAME
TELEPHONE (
)
ADDRESS
STREET
CITY / STATE
NAME OF PHYSICIAN
ZIP CODE
TELEPHONE (
)
ADDRESS
STREET
Are you allergic to any type of medication?
CITY / STATE
____ YES
ZIP CODE
____ NO
If YES, please give type of details:
Do you have any special physical conditions that might create illness? (e.g., diabetes, heart condition, pacemaker,
etc.)
NOTE: THIS INFORMATION IS KEPT CONFIDENTIAL AND IS USED FOR YOUR PROTECTION ONLY
THIS FORM WILL BE DISCARDED AFTER THE CONFERENCE
- EMERGENCY PROCEDURES WHY HAVE AN EMERGENCY PLAN?
Knowing what to do in an emergency requires a cool head, common sense and information.
The inclusion in this AWBD Conference Notebook of a section on emergency procedures is
designed to assist you - not to alarm you. While we anticipate no problem arising during the
Conference, we want our delegates and guests to have the information necessary to ensure
their safety.
The most important message here is that you should make sure that you know what to do in
an emergency. Today, stating this obvious fact seems natural. In fact, knowing what to do in
an emergency should be an integral part of your daily life - whether in your office or on vacation.
The Boy Scouts have it right in their motto: “Be Prepared.” Following a few simple steps and
assessing your surroundings can pay life-saving dividends in the unlikely event of a real
emergency.
You’ve already taken the first step in being prepared for an emergency situation at the
AWBD Conference by filling out your Emergency Data Form. This information is invaluable in
the rare instance when a delegate needs medical attention. AWBD keeps these forms on file
only for the duration of the event and is pledged to maintaining your confidentiality. AWBD also
provides certified paramedics or EMTs on duty during all conference functions.
Situations requiring the implementation of emergency procedures are most likely to occur in
either your hotel or in the conference areas and meeting rooms. But, delegates should always
remember that you are tourists, out-of-towners, visiting a city that is not your own. It is in your
best interest to be aware of your surroundings and the people around you when you visit tourist
attractions and go out on the town. Your awareness and being on alert provides a measure of
security for you.
Be prepared to cooperate fully with security personnel, whether at your hotel, the convention
center or at any of the attractions you may visit. Security screening and inspection of hand
bags, briefcases, etc. is now the norm, not the exception. The procedure is being carried out for
our safety; let’s make it work as smoothly as we can.
Enjoy your stay and your participation at the AWBD Conference.
BEFORE YOU LEAVE HOME
1. What arrangements have you made about your daily mail and the newspaper? You
don’t want to advertise the fact that, like Elvis, you have left the building. It can invite
trouble. Arrange for a neighbor, relative or even a neighborhood teen to pick up your
mail or papers if you don’t want to have them stopped temporarily.
2. Arrange for lights to be on at your home using an inexpensive security timer. Leave a
radio playing. Don’t change your answering machine message to say “We’re out of town
right now but leave a message.”
3. Be sure you have your insurance cards with you. Sure, it’s unlikely you will need
medical attention - but be sure you have your up-to-date proof of health coverage, as
well as names and addresses of your primary care physicians. A list of any medications
you are taking wouldn’t hurt either.
4. If your neighborhood has a private security patrol, notify them of your absence. The
patrols should pay more attention to your home while you are away.
5. Make sure a trusted friend, relative or associate knows where you are going, where you
are staying and how to reach you.
6. Pack a flashlight in your suitcase. You never know when it may be needed.
HOTEL PROCEDURES AND PRECAUTIONS
From the moment you check in, you should begin to familiarize yourself with your hotel, your
room location and emergency exits. That’s the first step to a safe and pleasant stay.
Conference hotels are carefully selected by AWBD and you can be sure that you are staying in
a hotel/motel that meets AWBD’s standards.
At check-in, ask the front desk if the hotel has a printed emergency procedure booklet or a
map locating emergency exits. Also determine how guests will be notified in case of
emergency. Are there fire alarms that will sound? Is there a hotel paging system? Hotel staff
will be glad to provide the answers.
1.
Be sure your room door closes securely and keep it locked while you are in your room.
Lock all security devices when you turn in for the night.
2.
Never, ever answer your door without first verifying who is there. Hotel employees
carry identification and are more than willing to identify themselves as such. If the
person at the door claims to be a hotel employee and you weren’t expecting one, call
the front desk for verification. Be safe – not sorry.
3.
Check that all sliding glass doors and doors which adjoin rooms are securely locked.
4.
Know where the emergency exits are in relation to your room location. Your room will
have an Emergency Plan/Emergency Exit map on the back of the door. Look it over.
5.
Another smart tip is to count and remember the number of room doors between your
room and the closest exit. Sound strange? In case of a fire and limited visibility, the
door count could be your key to getting off your floor alive. Safety always counts.
6.
If you are traveling with friends or with other family members, decide on a meeting
place outside of the hotel in case you have to evacuate. Accounting for everyone in a
time of emergency is very important.
7.
Remove all valuables from your vehicle. Items which cannot be removed should be
concealed in the trunk, glove box or other closed storage area. Valuables visible
through vehicle windows are an open invitation to thieves.
8.
Use special care to avoid loss or theft of your room key, especially in restaurants or at
the pool.
9.
Never leave your room key lying open in restaurants or at the pool. If you lose your
key, report it promptly to the front desk and get a new one. With electronic keying,
changing the lock and key is a minor issue.
10.
Place items of real value in the hotel safe or room safe, if one is provided.
11.
Exercise care when returning after dark. Park in a lighted area or use valet parking.
12.
Suspicious persons or activities should be reported to the front desk immediately.
13.
When you unpack, put that flashlight on the bedside table where you can reach it in an
emergency. And, put your room key beside it. In an emergency, if you had to return to
your hotel room because a corridor or other exit was not accessible, you’ll need the
key to get back to the relative safety of your room.
THE CONFERENCE AREA
While participating in Conference activities, delegates should have confidence in the
designed safety of the hotel site and the areas used by AWBD. However, that does not mean
that you should not be aware of emergency exits and safety procedures. Be aware. Take
precautions and practice safety at all times.
In the event of an emergency and the need to evacuate the hotel or any of the areas used
by AWBD for the Conference, AWBD Executive Director Merry Leonard will be responsible for
making the appropriate announcements and coordinating the orderly evacuation of AWBD
delegates, guests and staff.
1.
Arrange to meet other members of your party at a designated location if you are
instructed to leave the facility. Accountability of persons is very important.
2.
Know where the emergency exits are in relation to meeting rooms you will be using
and during social functions.
If you see a potential emergency situation or hazard, report it immediately to the AWBD staff
at the check in desk.
GENERAL PRECAUTIONS
1.
Don’t indulge in displaying large amounts of cash and/or expensive jewelry in public.
This can draw unwanted attention and single you out as a potential victim.
2.
Go in groups to new places, particularly if you are trying out some place new or off the
beaten path.
3.
Be sure someone else knows where you are going and who you are going with.
4.
Walk with a purpose and with confidence. Potential victims act as if they are scared.
5.
Carry only necessities with you each day.
6.
Don’t leave bags or briefcases unattended.
IN CASE OF FIRE – ANYWHERE
1.
Don’t panic. Panic and smoke are most often the causes of deaths in fires, rather than
the fire itself.
2.
Know where the closest exit is located.
3.
Feel a door before opening it. If the door is hot, don’t open it! You can cause a
tremendous flash fire.
4.
Put wet towels under doors to contain smoke while you wait for rescue.
5.
If the phones still work, call 911 or the hotel desk if you are in your room.
6.
Stay low to the floor and cover your mouth with a wet towel, if possible.
7.
Stay calm.
2009 Mid Winter Conference Seminar Evaluation
SEMINAR I
Welcome, Address By The Honorable Dan Patrick, Texas State
Senator and Legislative Update, Presented by the AWBD Legislative
Planning Committee
C
Please help AWBD by completing this survey.
C
Circle YES or NO to each question.
C
Leave this completed survey in seminar room.
a. Did the speaker(s) use the time effectively? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
YES
NO
b. Did the speaker(s) present the information on a layman's level?
YES
NO
YES
NO
...................
c. Was the information useful, informative, and/or of importance to
the operation of a water district? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d. Did the speaker(s) attempt to persuade a director to retain the
services of any specific firm? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Comments:
DID
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
OPTIONAL INFORMATION
Your Name _________________________________________________________
District / Firm _______________________________________________________
Daytime phone ________ / ___________________________
E-mail __________________________________________________________________
DID NOT
SEMINAR II-A
You Have To Sign A Tax Certificate - Do You Know What It Is?
C
C
C
YES
NO
b. Did the speaker(s) present the information on a layman's level? . . . . . . . . . . . . YES
NO
c. Was the information useful, informative, and/or of importance to . . . . . . . . . . .
the operation of a water district?
YES
NO
d. Did the speaker(s) attempt to persuade a director to retain . . . . . . . . . . . . . . .
the services of any specific firm?
YES
NO
a. Did the speaker(s) use the time effectively? . . . . . . . . . . . . . . . . . . . . . . . . . . .
Comments:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
Your Name _________________________________________________________
District / Firm _______________________________________________________
Daytime phone ________ / ___________________________
SEMINAR II-B
Sanitary Sewer Overflow (SSO) Initiative/
SSO Case Study: Acton MUD
C
C
C
YES
NO
NO
YES
NO
YES
NO
Comments:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
Your Name _________________________________________________________
District / Firm _______________________________________________________
Daytime phone ________ / ___________________________
SEMINAR II-C
District To District, Neighbor To Neighbor
C
C
C
YES
NO
NO
YES
NO
YES
NO
Comments:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
Your Name _________________________________________________________
District / Firm _______________________________________________________
Daytime phone ________ / ___________________________
SEMINAR III-A
Compliance, Efficiency & Disaster Preparedness
C
C
C
YES
NO
NO
YES
NO
YES
NO
Comments:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
Your Name _________________________________________________________
District / Firm _______________________________________________________
Daytime phone ________ / ___________________________
SEMINAR III-B
Life After Conversion To A Treated Surface Water Supply:
Understanding The Challenges
C
C
C
YES
NO
NO
YES
NO
YES
NO
Comments:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
Your Name _________________________________________________________
District / Firm _______________________________________________________
Daytime phone ________ / ___________________________
SEMINAR III-C
Crisis Management
C
C
C
YES
NO
NO
YES
NO
YES
NO
Comments:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
Your Name _________________________________________________________
District / Firm _______________________________________________________
Daytime phone ________ / ___________________________
SEMINAR IV
Dealing With Disaster
C
C
C
YES
NO
NO
YES
NO
YES
NO
Comments:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
Your Name _________________________________________________________
District / Firm _______________________________________________________
Daytime phone ________ / ___________________________

awbd mid winter conference

Transcription

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