WATER SYSTEM PARTNERSHIPS:
STATE PROGRAMS AND POLICIES SUPPORTING COOPERATIVE
APPROACHES EOR DRINKING WATER SYSTEMS
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Office of Water (4606M)
EPA 816-S-17-002
August 2017
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CONTENTS
About This Guide 1
Drinking Water Systems Challenges 2
Types of Partnerships 2
State Drinking Water System Partnerships Summary 4
Commonly Used Acronyms 5
Alabama 6
Alaska 7
Arizona 8
Arkansas 9
California 10
Colorado 11
Connecticut 12
Delaware 13
Florida 14
Georgia 15
Hawaii 16
Idaho 17
Illinois 18
Indiana 19
Iowa 20
Kansas 21
Kentucky 22
Louisiana 23
Maine 24
Maryland 25
Massachusetts 26
Michigan 27
Minnesota 28
Mississippi 29
Missouri 30
Montana 31
Nebraska 32
Nevada 33
New Hampshire 34
New Jersey 35
New Mexico 36
New York 38
North Carolina 39
North Dakota 40
Ohio 41
Oklahoma 42
Oregon 43
Pennsylvania 44
Rhode Island 45
South Carolina 46
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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South Dakota 47
Tennessee 48
Texas 49
Utah 50
Vermont 51
Virginia 52
Washington 53
West Virginia 54
Wisconsin 55
Wyoming 56
Appendix A: Links to State resources 57
Appendix B: Listing of Common state programs to encourage water system partnerships 59
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
ii
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ABOUT THIS GUIDE
This guide contains information about programs, statues and policies implemented in each state that encourage
partnerships between drinking water systems. Drinking water system partnerships encompass a full range of
options where entities (i.e. systems, communities, non-profits, associations) work together to reduce operating
costs, improve access to safe drinking water and leverage limited resources. This document is intended as a
starting point for public water system (PWS) owners or operators seeking information in their states and state
drinking water program staff who would like an overview of how other states encourage and facilitate
partnerships. This guide will point communities towards
resources as they begin to explore the benefits that partnerships
can bring to their utility.
While this guide outlines state programs that directly support
partnerships, it is by no means a comprehensive list of all ways a
state is engaging on partnership activities. States often employ
best management practices that indirectly support partnership
development. Additionally, work focused on compliance with
SDWA requirements encourage partnership use as well. The
programs laid out in this guide are those where the state is
specifically working to support partnership activities.
The term "Partnerships" refers to a range of possible activities
that water systems can consider (see Table 1). These agreements
range from informal bulk purchasing of chemicals or equipment
to formal contract development between utilities for the purpose
of improving operation and management of the utility. Each
state's section in this guide contains specific legal or
programmatic language that requires or encourages
consolidation or restructuring of drinking water systems.
Information about state drinking water programs and reference
guides and manuals produced by the states are also included.
This guide consists of three sections. The main body summarizes
partnership policies, programs and/or regulations by state. This
information has been compiled from state-produced documents
including the Drinking Water State Revolving Fund (DWSRF) Intended Use Plans; Capacity Development
Strategies, Annual Reports and Triennial Governors' Reports; and state drinking water program websites; as well
as other government files and information provided by state regulatory agencies.
SAFE DRINKING WATER ACT: 1996
AMENDMENTS and Partnerships
In 1996, the Safe Drinking Water Act
(SDWA) was amended in part to address
the challenges small water system faced.
The new Act prioritized assistance to small
water systems through establishing state
capacity development and operator certi-
fication programs, and training and tech-
nical assistance targeting small water sys-
tems. In addition, the Act established the
Drinking Water State Revolving Fund
(DWSRF). Many States have directed re-
source towards partnership development.
States and the EPA have devoted substan-
tial resources to enhancing the technical,
managerial, and financial (TMF) capacity
of small water systems. Partnerships be-
tween small water systems have long
been seen as a TMF capacity-building tool.
Partnered systems can access some of the
advantages that larger systems have, for
example a larger customer base over
which to spread infrastructure and opera-
tion costs.
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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In each state summary, efforts to promote partnerships are labeled with the following categories:
Table 1. PROGRAM/POLICY TOOL ICONS USED IN THIS GUIDE
PROGRAM OR
POLICY ICON
MEANING
(D
Drinking Water State Revolving Fund or other funding mechanisms
State Capacity Development or Operator Certification Programs
Mid-Level, County or Regional Planning
State Drinking Water Enforcement Program
©
State Legislation and/or Statute
1
•
Emergency Planning
Sections two and three are appendices: Appendix A includes internet links to partnership resources produced by
states, EPA, or other organizations, as well as links to state statutes and regulations. Appendix B includes a list of
the common authority, statutory, and regulatory elements used by the states as of August 2017.
DRINKING WATER SYSTEMS CHALLENGES
Drinking water systems, particularly those with limited resources, often face significant challenges in providing
safe, reliable drinking water to their users at a reasonable cost. These systems may lack technical, managerial, or
financial (TMF) capacity or a combination of these elements that would help them meet their public health
protection goals. Other factors, such as aging infrastructure, a shrinking customer base over which to disperse
costs, or a lack of qualified or knowledgeable operators can add to the challenges.
TYPES OF PARTNERSHIPS
Water systems can utilize partnerships to build capacity and enhance public health protection. On one end of
the spectrum, a partnership can be as simple and informal as two or more water systems agreeing to share
equipment or buy treatment chemicals together to capture savings from bulk purchases. A more formal
partnership could include contractual assistance or creating a joint power agency to allow sharing of operators,
building an emergency interconnection, or engaging in regional water planning with nearby water systems.
Finally, on the far end of the partnership spectrum is ownership transfer, where two or more systems combine
to form one system or where the ownership of a system is transferred to another entity.
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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entity
01— Water system
partnerships
encompass a range of
opportunities for systems
to work together In order
to sustainably provide
drinking water services.
Increasing Transfer of Responsibility
Creation of a new entity
by several systems that
cemthue to exist as
independent entitles.
Work with other systems,
but without contractual
obligations.
Requires a contract,
but contract Is under
system's control.
Takeover by existing or
newly created entity.
Figure 1. Partnerships Spectrum
These partnership activities help systems enhance their TMF capacity:
• Technical capacity improvements can include increasing access to higher quality/quantity source water;
sharing, upgrading, or building new infrastructure; developing more efficient treatment technologies; and
opening access to a certified operator and additional expertise.
• Managerial capacity improvements can include increasing expertise in water system planning/operations
and enhancing systems' financial, accounting, and asset management practices.
• Financial capacity improvements can include reducing costs, achieving greater economies of scale through
shared services, and increasing a system's access to funds through new partnerships. In addition, systems
that consider consolidation or restructuring may receive preferential treatment in loan or grant programs
(e.g., higher priority for DWSRF loans).
In addition to helping small water systems achieve and maintain TMF capacity, water system partnerships can
reduce the oversight and resources that states need to devote to these systems. States can promote water
system partnerships through capacity development and operator certification programs, loans and set-asides in
the DWSRF, and/or state legislation and regulations. In addition, state drinking water programs can promote
partnerships through collaboration with other state agencies such as the public utility or public service
commissions. Examples of these state strategies can be found throughout this document and are also included
in Appendix B.
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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STATE DRINKING WATER SYSTEM PARTNERSHIPS SUMMARY
States support drinking water system partnerships in a variety of ways. Many offer financial incentives to
encourage their use to help systems provide safe drinking water. Thirty-five states offer priority points in the
DWSRF for partnerships, and ten states, like Maine, have a specific grant program to encourage their use. Within
their capacity development programs, seventeen states include partnerships activities and facilitation of
partnerships within the program. Fourteen states require new systems to consider interconnection to existing
systems. A less common approach to increasing partnerships is found in California and Alaska, who have
programs that authorize the state to order partnerships under certain conditions. The state programs
highlighted here are not a comprehensive list of all activities that the state engages in around partnerships.
Rather, it represents the programs and activities the state explicitly commits to supporting the increased use of
partnerships to help increase access to safe drinking water and improve operational efficiencies at drinking
water systems.
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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COMMONLY USED ACRONYMS
CDBG Community Development Block Grant
CPCN Certificate of Public Convenience and Necessity
CWS Community Water System
CWSRF Clean Water State Revolving Fund
DEP Department of Environmental Protection
DEQ Department of Environmental Quality
DNR Department of Natural Resources
DOH Department of Health
DWSRF Drinking Water State Revolving Fund
EFC Environmental Finance Center
FFY Federal Fiscal Year
IUP Intended Use Plan
MCL Maximum Contaminant Level
PWS Public Water System
SDWA Safe Drinking Water Act
SFY State Fiscal Year
STP Single Tariff Pricing
TMF Technical, Managerial, and Financial
USDA United States Department of Agriculture
WARN Water and Wastewater Agency Response Networks
Note: All URLs referenced in this guide were valid as of August 2017.
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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Alabama Department of Environmental Management (ADEM)
Alabama Cooperative Extension System
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
Alabama's DWSRF program gives priority to projects that "use consolidation with other systems to correct existing
deficiencies and improve management." The Alabama Drinking Water Finance Authority Act, No. 97-415 specifies
that the DWSRF may finance legal fees and water buy-in fees associated with consolidation.
IDENTIFYING POSSIBLE SYSTEM CONSOLIDATIONS THROUGH SANITARY SURVEYS
The Capacity Development Program encourages consolidation of non-viable water systems with other viable water
systems with the goal to improve or inactivate non-compliant systems. Sanitary surveys are used to identify
systems lacking in TMF capacity that could benefit from consolidation. The number of non-viable water systems,
both community and non-community, has decreased as a result. According to Alabama's 2014 Triennial Capacity
Development Report to the Governor, the number of overall active PWSs has gone down by half as non-viable
systems are inactivated and as systems consolidate (see Figure 2).
COORDINATION WITH OTHER GROUPS REGARDING NEW AND EXISTING SYSTEMS
ADEM's Drinking Water Branch coordinates with local stakeholder groups and other state and federal agencies to
discuss the TMF capacity of proposed new water systems. "Communication with these groups has discouraged the
construction of non-viable new water systems and the expansion of marginally operated existing water systems"
(see the 2014 Triennial Capacity Development Report to the Governor in link below). Encouraging existing viable
systems to extend service to new areas rather than allowing the construction of new systems eases the regulatory
burden on the state and increases public health protection.
HELPFUL LINKS TO STATE RESOURCES
• Drinking Water Reports (including
Annual Reports and Capacity
Development Triennial
Governor's Reports):
http://adem.alabama.gov/
programs/water/
dwother.cnt
• Clean Water and Drinking Water
State Revolving Fund
Information:
http://www.adem.state.
al.us/programs/water/srf.cnt
• Environmental Regulations and
Laws:
http://www.adem.state.
al.us/alEnviroReglaws/
default, cnt
1400
1200
to
F
1000
OJ
V,
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IS)
800
•—
o
OJ
GOO
¦O
£
z
400
200
0
1990
1995
2000
2005
2010
2015
Year
Figure 2. ACTIVE PWSs IN ALABAMA 1990-2015 (Source: 2011 Triennial Capacity
Development Report and Drinking Water Annual Reports from 2010-2015)
Alabama Cooperative Extension
System's Water Information Website:
http://www.aces.edu/waterqualitv/index.php
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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Alaska Department of Environmental Conservation
Division of Environmental Health
Division of Water
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
©
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
DWSRF funding is awarded to projects based on priority points. In Alaska's DWSRF program, projects that include
consolidation or regionalization are awarded 5 points. Projects that will enhance the sustainability of the system
may also earn extra points. For example, projects can earn 50 points for "Fix It First" projects and 25 points for
projects that will apply Effective Utility Management or planning.
OPERATOR SHARING
Alaska's Department of Environmental Conservation can approve one contract operator to supervise more than
one system according to the Operator Certification and Training Regulations (18 AAC 74). The department will take
into account the system size, complexity, accessibility, emergency planning, and other factors when approving the
plan for such a scenario.
STATE ORDERED CONSOLIDATION OR INTERCONNECTION
The Regulatory Commission of Alaska (RCA) can order public systems with conduits, pipes, pipelines, mains, or
other distribution or transmission facilities to allow other public systems to use these facilities when public
convenience and necessity require it. Use must not result in substantial injury to the owner or in substantial
detriment to the provided service. The user must pay for any necessary modifications or additions and may be
required to pay reasonable compensation for use of the facilities [AS 42.05.311 (a)].
NEW SYSTEMS MUST CONSIDER INTERCONNECTION TO EXISTING SYSTEMS
Applications for new PWSs that are located within one mile of an existing water system must include "an
explanation why connection to the existing service is not in the customer's interest" [3 ACC 52.715(b)(4)],
HELPFUL LINKS TO STATE RESOURCES
ADEC's Contract Operator Approval Policy:
http://dec.alaska.gov/water/opcert/contract
operatorpolicy.htm
ADEC's Drinking Water Program:
http://dec.alaska.gov/eh/dw/
Alaska's Drinking Water Regulations:
http://dec.alaska.gov/eh/dw/dw-regulations.html
Municipal Grants & Loans:
http://dec.alaska.gov/water/MuniGrantsLoans/index.htm
Statute and Administrative Code Infobase:
http://rca.alaska.gov/RCAWeb/Home.aspx
Village Safe Water Program:
http://dec.alaska.gov/water/vsw/index.htm
Because of the remote nature of many ar-
eas in Alaska, physical interconnections
are not always feasible. In fact, in many re-
mote areas the state is focused on decen-
tralized water and wastewater options in
order to address the pressing need for af-
fordable and reliable access to safe drink-
ing water. For information visit:
http://dec.alaska.gov/water/watersewer-
ch allena e/ind ex. html.
However, other types of partnerships, such
as operator sharing and coordination
among water systems, are a way some sys-
tems are able to use partnerships to help
manage and plan their water resources.
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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ARIZONA
Arizona Corporation Commission
Arizona Department of Environmental Quality
Arizona Water Infrastructure Finance Authority
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
©
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
The Water Infrastructure Finance Authority of Arizona prioritizes project applications that will include consolidation
or regionalization. The application for funding asks whether the project physically consolidates two or more PWSs
into one PWS; if the project is the extension of service to areas currently not served by a PWS; or if the project
consolidates the operations, management, and/or ownership of two or more PWSs.
CAPACITY DEVELOPMENT ASSISTANCE FOR SMALL WATER SYSTEMS
The Arizona Corporation Commission formed a Small Water Systems Ombudsman Office to assist small water
utilities in preparing and filing rate and financing applications and other compliance filings to help support long-
term system sustainability, including partnering.
OPERATOR SHARING
Title 18-5-104 of the Arizona Administrative Code allows very small water systems to have remote operators, as
long as the remote operator resides no more than 200 miles by ground travel from the water system and they visit
either weekly or monthly, based on the size and type of the system.
STATE ORDERED CONSOLIDATION OR RESTRUCTURING
The Arizona Corporation Commission has the regulatory power to order a public service corporation to make
additions, improvements, or changes to an existing plant and to construct new structures, including
interconnections to other systems. If any ordered changes require joint action by two or more public service
corporations, the corporations must share the cost of those changes (after notice from the commission). If the
corporations cannot agree upon an apportionment of the costs, the commission can order the corporations to pay
at a proportion determined by the commission (Arizona Revised Statute 40-331).
HELPFUL LINKS TO STATE RESOURCES
• Arizona Department of Environmental Quality, Water Quality Division:
http://www.azdeq.gov/programs/water-qualitv-clivision
• Operator Certification: http://www.azdeq.gov/OperatorCertification
• Water Infrastructure Finance Authority of Arizona (WIFA): http://www.azwifa.gov/
• Arizona Administrative Code: http://www.azsos.gov/rules/arizona-administrative-code
• Arizona Corporation Commission Small Water Systems Ombudsman Office:
http://www.azcc.gov/divisions/utilities/smallwaterombudsmanoffice.asp
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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Arkansas Department of Health
Office of Environmental Health
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
Those seeking DWSRF funds are priority ranked for available loan monies if they are interconnecting, consolidating,
or regionalizing systems that lack TMF capacity. In addition, DWSRF applicants must show through an engineering
review and cost review that interconnection with an existing PWS is not the best option.
NEW SYSTEMS MUST CONSIDER INTERCONNECTION TO EXISTING SYSTEMS
f hJ All new PWSs are required to submit an engineering report to the Department of Health detailing all available
options for a new system. Those with new sources are required to evaluate all contiguous existing PWSs to
determine if interconnection is the best option. For existing systems, all PWSs seeking non-private funding of
construction projects must be reviewed by the Water and Wastewater Advisory Committee.
HELPFUL LINKS TO STATE RESOURCES
• Arkansas Office of Drinking Water:
http://www.healthv.arkansas.gov/programsServices/environmentalHealth/Engineering/drinkingWater/Page
s/default.aspx
• Capacity Development:
http://www.healthv.arkansas.gov/programsServices/environmentalHealth/Engineering/CapacitvDevelopme
nt/Pages/default.aspx
• Operator Certification:
http://www.healthv.arkansas.gov/programsServices/environmentalHealth/Engineering/operatorCertificatio
n/Pages/default.aspx
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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CALIFORNIA
California Environmental Protection Agency
California State Water Resources Control Board (SWRCB)
ULffOflNW BEPUHUC
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
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COLORADO
Colorado Department of Public Health and Environment - Water Quality Control Division
Colorado Water Resources & Power Development Authority
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
Colorado prioritizes projects that restructure and consolidate water systems to correct contamination issues or to
assist systems unable to maintain SDWA compliance due to insubstantial financial and managerial capacity. Under
the category of "Sustainability," projects that consolidate or regionalize two or more PWSs are awarded 10 points.
Several consolidations are included in the 2016 Project Eligibility List.
ENCOURAGING SYSTEM COLLABORATION
Colorado's Capacity Development strategy includes the goal to: "develop a program that will support collaboration
among all drinking water systems, assist those smaller systems understand their problems and potential solutions,
and use performance based approaches to developing training." This goal includes such activities as: free system
training and the development of an excellence program for all systems. The excellence program encourages source
water protection, distribution optimization, improved operations and maintenance, and includes incentives to
examine and form partnerships. More information about the program can be found here:
https://www.colorado.gov/pacific/cdphe/excellence-awa rd-program.
EMERGENCY RESPONSE
! Water system partnerships are fostered through Colorado's Water/Wastewater Agency Response Network
(CoWARN). CoWARN is a statewide network with a central purpose of preparing for emergency situations through
"utilities helping utilities." CoWARN provides water and wastewater utilities with a mutual aid agreement, mutual
assistance program, resources to respond to and recover from disasters, and a growing network of emergency
contacts. Additionally, there is a Joint Security and Emergency Preparedness Committee formed under the Rocky
Mountain Section of the American Water Works Association and the Rocky Mountain Water Environment
Association that helps facilitate partnerships between systems of all sizes. The committee works to share
information to help systems prepare and respond to emergencies, and offers trainings in coordination with
CoWARN.
HELPFUL LINKS TO STATE RESOURCES
• Colorado Drinking Water Program (Water Quality Control Division):
http://www.colorado.gov/cs/Satellite/CDPHE-WQ/CBON/1251596875425
• Operator Certification Program Office: http://www.ocpoweb.com/
• TMF Tools Web Portal: https://www.colorado.gov/pacific/cdphe/tools-drinking-water-facilities-managers
• Colorado Water Resources & Power Development Authority DWSRF Page: http://www.cwrpda.com/
• CoWARN: http://www.cowarn.org/
• Water Quality Control Commission Regulations: https://www.colorado.gov/pacific/cdphe/water-qualitv-
control-commission-regulations
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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CONNECTICUT
Connecticut Department of Public Health (DPH)
Connecticut Public Utilities Regulatory Authority (PURA)
¥
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Delaware Division of Public Health
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
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FLORIDA
Florida Department of Environmental Protection (FDEP)
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
Encouraging the consolidation and regionalization of PWSs that lackTMF capacity is a long-term goal of the Florida
DWSRF. FDEP actively encourages consolidation by allowing certain types of system consolidation, particularly
when one of the systems is small and financially disadvantaged, be eligible for loan subsidy.
OPERATOR SHARING
Where allowed by the rules, Contract Operators can be under contract for the operation of several plants. Florida
contracted with the Florida Rural Water Association to develop a Contract Operators Checklist with duties,
assignments, and responsibilities that may want to be considered when establishing a contract between an
operator and system owner, including the number of visits per week that the operator will make to the system.
NEW SYSTEMS MUST CONSIDER INTERCONNECTION TO EXISTING SYSTEMS
FDEP is not authorized to prevent the construction of a new system based solely on the availability of alternative
means to provide service in the area. However, new systems must demonstrate using DEP Form 62-555.900(20)
that they investigated and considered alternate means of providing water service. This is reviewed by the Capacity
Development Program (see box below).
EMERGENCY RESPONSE
! Florida's Water/Wastewater Agency Response Network (FlaWARN) is the formalized system of "utilities helping
utilities" to address mutual aid during emergency situations (www.flawarn.org). These incidents may be man-made
or a result of a natural disaster. The project's infrastructure consists of a secure web-based database of available
resources and a practical mutual aid agreement designed to expedite the process in the event of an emergency.
The goal of FlaWARN is to provide immediate assistance to impacted utilities until such time that a permanent
solution may be implemented.
FDEP recommends that new system owners consider the following questions:
1. Are there any other utilities close to the service area of your proposed system? If so, what are their names
and locations?
2. Are there any utilities able to provide service to all or part of the service area of your proposed system? If
so, what are their names and locations?
3. How did you determine which utilities are close to the service area of your proposed system, and which
utilities might be able to provide service to all or part of the service area of your proposed system? (e.g.
talked with city representative, drove through the area and looked for water systems)
It is recommended that the owner attach an explanation to the completed DEP Form 62-555.900(20) with a descrip-
tion of the TMF reasons for starting a new system if regional water utilities might be able to provide service to all
or part of the proposed service area. Florida also encourages new systems to communicate with neighboring PWSs
even if they do not plan to connect because in some cases, PWSs near to proposed service areas may be available
to assist the new system temporarily.
HELPFUL LINKS TO STATE RESOURCES
• Drinking Water Program: http://www.dep.state.fl.us/water/drinkingwater/
• Operator Certification Handbook: www.dep.state.fl.us/water/wff/ocp/docs/ocp handbook.pdf
• Contract Operations Checklist:
http://www.frwa.net/uploads/4/2/3/5/42359811/dwwwformcontractoperations checklist053013.pdf
• DWSRF: http://www.dep.state.fl.us/water/wff/dwsrf/index.htm
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
14
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Georgia Environmental Finance Authority
Georgia Environmental Protection Division (EPD)
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS.
The DWSRF ranking criteria awards interconnections or consolidation projects with 5 extra points. Each project has
the potential to earn up to 100 points.
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Hawaii Department of Health
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
® DWSRF PRIORITIZATION OF INTERCONNECTION PROJECTS
Hawaii's DWSRF program prioritizes consolidation projects categorized under "sustainability and resiliency."
Projects addressing drought mitigation measures, which include interconnections between utilities, may receive 5
priority points.
©MANAGERIAL PARTNERSHIPS FOR NEW SMALL COMMUNITY WATER SYSTEMS
Small water systems in residential subdivisions are encouraged to contract with an operator and a financial
management company to provide technical and managerial support. The Capacity Development Program assists
developers of new water systems with incorporating covenants for the community association to contract a system
operator to operate the system and a private management company to bill customers, collect money owed, pay
bills, and provide financial records. In order to start a new water system, the developer must demonstrate that the
new system will have the financial capacity required to maintain and operate the system and cover repairs and
replacement costs.
HELPFUL LINKS TO STATE RESOURCES
• Department of Health Administrative Rules: http://health.hawaii.gov/opppd/department-of-health-
administrative-rules-title-11/
• Hawaii Safe Drinking Water Branch: http://health.hawaii.gov/sdwb/
• Hawaii DWSRF: http://health.hawaii.gov/sdwb/drinking-water-state-revolving-fund/
• Operator Certification: http://health.hawaii.gov/sdwb/operatorcert/
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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IDAHO
Idaho Department of Environmental Quality (DEQ)
Idaho Public Utility Commission
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
Idaho's DWSRF program awards 10 extra points to projects that include consolidation or regionalization. Projects
that will enhance sustainability efforts, energy conservation, water conservation, extending life of capital assets,
green building practices and other environmentally innovative approaches to infrastructure repair, replacement,
and improvement can earn up to 50 additional points.
OPERATOR SHARING
Idaho allows public water systems to share operators so long as the operators are available and on-call to direct
staff and assistants. The Idaho Public Drinking Water System Switchboard provides links that allow public water
systems to search for licensed operators available for contract.
NEW SYSTEMS MUST CONSIDER INTERCONNECTION TO EXISTING SYSTEMS
The Idaho DEQ requires new systems to investigate the feasibility of obtaining water service from an established
PWS. "If existing water service is available, but an owner elects to proceed with an independent system, the owner
must explain why this choice is in the public interest in terms of environmental protection, affordability to water
users, and protection of public health" [IDAPA 58.01.08 §500 (6)]. The Public Utility Commission (PUC) can deny a
certificate to a small water company if it is shown that there is no need for the service or that another company
whether municipal, cooperative, or investor-owned, is willing and able to provide similar or better service (IDAPA
31.36.01. §102).
EMERGENCY RESPONSE
! The Idaho Department of Environmental Quality participates in the Idaho Water-Wastewater Agency Response
Network (IDWARN) and provides links to this program through the Public Water System Switchboard. The IDWARN
network is hosted by the Idaho Rural Water Association and allows water and wastewater utilities to help each
other during emergencies by facilitating the exchange of resources and staff where needed. Members sign a
mutual aid agreement to facilitate rapid emergency response among member utilities. IDWARN also facilitates
quarterly regional and annual statewide meetings to bring together state representatives, stakeholder groups, and
IDWARN members.
HELPFUL LINKS TO STATE RESOURCES
• Idaho Administrative Code: https://adminrules.idaho.gov/rules/current/
• Idaho Drinking Water Program: http://www.deq.idaho.gov/water-qualitv/drinking-water/
• Capacity Development: http://www.deq.idaho.gov/water-qualitv/drinking-water/capacity-
development.aspx
• Operator Certification: http://www.deq.idaho.gov/water-qualitv/drinking-water/pws-classification-
licensure/operator-resources.aspx
• IDWARN: http://www.idwarn.org/
• Idaho DEQ Public Water System Construction Loans (including DWSRF): http://www.deq.idaho.gov/water-
qualitv/grants-loans/water-system-construction-loans.aspx
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
17
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inois Environmental Protection Agency, Division of Public Water Supplies
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
PRIORITIZING MANAGERIAL PARTNERSHIPS
35 II Adm Code Part 681 "Procedures and Requirements for Determining Loan Priorities of Projects in the Public
Water Supply Loan Program" states that projects that will correct public health violations will receive 20 points, and
projects that will extend drinking water services to areas currently served by private wells will receive 15 points.
These scores can be augmented by the points assigned through the Service Continuation Scoring Sheet (Appendix A
of Part 633). This scoring sheet rewards 1 bonus point for systems that participate in "area local cooperative
management and emergency response activities."
OPERATOR SHARING
35 II Adm Code Part 681 outlines the rules for the Operator Certification Program. The duties and obligations of
contract operators are listed in Section 681.1000. Contracts between water systems and operators must stipulate
how often the operator will be on site. Illinois Rural Water Association prepared a template contract that meets the
requirements of the regulation.
TMF ASSESSMENTS
As part of lllinois's Capacity Development Strategy, a TMF assessment has been developed. The evaluation of
financial capacity includes the following questions: "Does your long-term planning incorporate analysis of
alternative strategies that may offer cost savings to customers, such as consolidation with neighboring water
systems, or sharing of operations and management expenses with other nearby water systems?"
HELPFUL LINKS TO STATE RESOURCES
• Capacity Development Program: http://www.epa.i
linois.gov/topics/drinking-water/field-
operations/capacitv-development/index
Illinois Administrative Code: http://www.ilga.gov/commission/icar/admincode/titles.html
Illinois Environmental Protection Agency, Public Water Supply: http://www.epa.state.il.us/water/index-
pws.html
Operator Certification: http://www.epa.state.il.us/water/operator-cert/drinking-water/
Illinois Rural Water Association Sample Contract for hiring a Contract Operator.
http://www.ilrwa.org/Downloads/Certified%20Water%20Plant%20Qperator%20Contract.doc
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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Indiana Utility Regulatory Commission
Indiana Department of Environmental Management
Indiana Finance Authority
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IOWA
Iowa Finance Authority
Iowa Department of Natural Resources (DNR)
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
OPERATOR SHARING
The 2011 Capacity Development Report to the Governor stated that IDNR is developing a training program to
provide on-site assistance to systems using retired operators as mentors. Operators in need of general assistance
or help with a specific problem will be able to contact a pool of operators with experience to visit their system and
provide advice.
EMERGENCY RESPONSE
J The Iowa DNR participated in the development of the Iowa Water/Wastewater Agency Response Network
(IOWARN), a system of "utilities helping utilities" to deliver mutual aid in the event of a major emergency. This
allows for the provision of mutual aid among utilities and promotes emergency preparedness for all sizes of water
systems.
HELPFUL LINKS TO STATE RESOURCES
• Drinking Water Program:
http://www.iowadnr.gov/lnsicleDNR/RegulatorvWater/DrinkingWaterCompliance.aspx
• Operator Certification:
http://www.iowadnr.gov/lnsicleDNR/RegulatorvWater/Certification/WaterWastewaterOperators.aspx
• DWSRF: http://www.iowasrf.com/program/drinking water loan program/
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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Kansas Department of Health and Environment (KDHE)
Kansas Water Office
KANSAS
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
® DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
The enabling state statute of the Kansas DWSRF program requires the KDHE to encourage regional
cooperation. According to the 2017 DWSRF IUP, there is no regionalization strategy specified in the Kansas
Water Plan, but the DWSRF ranking system awards priority points to consolidation projects. Furthermore,
DWSRF set-asides have been used to fund rate studies, which can help to target systems that would benefit
from consolidation. Kansas has had consolidation done based on rate studies alone in order to take
advantage of economies of scale.
FUNDING INTERCONNECTIONS WITH STATE FUNDS
Kansas' Capacity Development Program manages the Regional Public Water Supply Planning Grant program,
which provides 50/50 cost-share funding to study the feasibility of developing regional public water supply
systems. Eligible projects must evaluate consolidation of two or more systems; the creation and operation of
a Public Wholesale Water Supply District; and other infrastructure projects that benefit a minimum of three
public water supply systems (two of which must be primary systems not currently connected to each other).
In addition, Kansas' Community Development Block Grant (CDBG) Program, which is a competitive grant
program available to water systems serving populations with low to moderate incomes, may finance
regionalization projects. The preliminary engineering report, which is part of the application, must discuss
regionalization possibilities. The Department of Commerce, who runs the CDBG Program, added non-
competitive funds for regional projects that meet CDBG requirements. The CDBG funds are available to
regional projects that qualify under the MOU signed by KDHE, KDOC and USDA Rural Development.
STATUTES AND REGULATIONS THAT ENCOURAGE PARTNERSHIPS
Kansas has been encouraging regionalization among water systems since 1957 through state legislation.
There are several statutes which address water system partnerships, directly or indirectly.
• The Interlocal Cooperation Act (K.S.A. 12-2901 et seq.), passed in 1957, enables local units of
government including school districts, townships, cities, rural water districts and other governmental
units to enter into agreements to work together.
• K.S.A. 82a-637 et seq., passed in 1969, establishes the procedures required for acquisition of a rural
water district by a city when the district's service territory is within three miles of that City.
• The Public Wholesale Water Supply District Act (K.S.A. 19-3545 et seq.), passed in 1977, allows water
suppliers to work together to build a common source and treatment center while maintaining their
individual systems.
• K.S.A. 82a-650 et seq., passed in 2005, essentially allows for the consolidation of rural water districts.
The act establishes the procedures for acquisition of a rural water district by another rural water district.
This statute allows two or more rural water district boards to enter into an agreement to merge into a
single district. As a result of this act, the 40 rural water districts that existed prior to 2005 have
consolidated into 15 new districts.
HELPFUL LINKS TO STATE RESOURCES
• Kansas Public Water Supply Section: http://www.kdheks.gov/pws/
• Regional Public Water Supply Planning Grant: http://www.kdheks.gov/pws/loansgrants/loansgrants.html
• Capacity Development: http://www.kdheks.gov/pws/capdev/capdev.html
• Kansas CDBG Program: http://www.kansascommerce.com/index.aspx?NID=127
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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Kentucky Department for Environmental Protection Division of Water (KDOW)
Kentucky Public Service Commission (PSC)
Kentucky Infrastructure Authority (KIA)
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
(D
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
The KIA awards priority points to regiorialization projects, including: elimination of a PWS through a merger or
acquisi tion, elimination of a water treatment plant as a result of an interconnection, or acquisition of an emergency
potable water supply. According to the 2017 DWSRF IUP, regional borrowers may also be eligible for a discounted
interest rate of 1.75 percent (as opposed to 2.75 percent).
REGIONAL PLANNING
In 2000, Area Water Management Councils were created in each of Kentucky's 15 Area Development Districts
(ADDs). The Councils bring together local utilities and officials to discuss and identify the drinking water and
wastewater needs in each area and prioritize potential infrastructure projects. This information is then entered into
the Water Resources Information System (WRIS), which is a geo-database of water infrastructure and proposed
projects in the state. KIA uses the WRIS information to prioritize funding from the DWSRF and CWSRF. Councils also
use the information in the WRIS to make regional water needs assessments and plans.
STATE ORDERED CONSOLIDATION OR RECEIVERSHIP
The PSC is authorized to initiate and carry out feasibility studies to determine the possibility of merging water
districts or merging water associations into water districts. Upon completion of a study, and after a public hearing,
the PSC can order the merging of water districts or associations into a single water district, and make any additional
orders in connection with rates and charges. Secured debts continue to be paid under the terms and conditions of
the outstanding obligations, The PSC can also purchase a system (KRS Chapter 74).
NEW SYSTEMS MUST CONSIDER INTERCONNECTION TO EXISTING SYSTEMS
The KDOW has statutory authority under Kentucky Revised Statutes (KRS) 151.634 to approve or refuse plans for all
new water systems based on their ability to demonstrate TMF capability.
STRATEGIC PLAN FOR WATER RESOURCE DEVELOPMENT
In 1999, the Water Resource Development Commission (WRDC) prepared a strategic plan for water resource
development under the governor's executive order. One of the plan's recommendations was to; "promote and
encourage water system regionalization." In 1999, there were roughly 700 PWSs in Kentucky, and now there are
approximately 400 PWSs, with most non-community water systems being absorbed by community water systems.
HELPFUL LINKS TO STATE figure 4. Kentucky area
DEVELOPMENT DISTRICTS
RESOURCES
• Kentucky Water Resources Information
System Portal:
http://kia.kv.gov/wris/portal/
• Kentucky Infrastructure Authority:
http://kia.kv.gov/
• Capacity Development:
http://water.ky.gov/drinkingwater/pages/
capdev.aspx
• Operator Certification: http://dca.kv.gov/certification/Pages/default.aspx
• WRDC: http://kia.ky.gov/wris/wmp/wrdcwater.htm
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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LOUISIANA
Louisiana Department of Health (LDH)
Louisiana Public Service Commission
Louisiana Department of Environmental Quality
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
(D
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
Louisiana's DWSRF encourages consolidation of two or more systems, and also encourages other options, such as
contract management or partnerships with other communities in their area. Consolidation projects earn 1-4
priority points depending on the size of the system.
STRICT CAPACITY DEVELOPMENT REQUIREMENTS FOR NEW AND EXISTING SYSTEMS
Consolidation of water systems is an objective for the Capacity Development Program. According to the 2014
Triennial Report the Governor, stricter Capacity Development requirements for new systems have helped direct
potential new small systems toward consolidation with existing water systems. Also, the Capacity Development
Program encourages and assists existing systems that wish to merge with another system.
STATE ORDERED CONSOLIDATION OR RECEIVERSHIP
The LDH State Health Officer can bring a civil action against a PWS to carry out the provisions of the state statutes
and regulations. The court, on its own or upon application of the state health officer, can appoint a receiver to
collect the assets of the system if the system has been abandoned or service has ceased; the operator of the
system has failed or refused to comply with administrative orders; or circumstances necessitate the appointment
of a receiver based on the state's rules. The court, upon a showing by the system owner or operator of good cause,
can dissolve the receivership. The PSC recognize that some small water systems are facing significant financial and
operational obstacles, and acknowledged that these systems are not always easily acquired by larger systems.
Therefore, flexible enforcement of PSC's rules and streamlined economic regulations for small systems (e.g.,
expedited rate-making), may be necessary to keep these small systems viable (RS 40 §5.9C).
HELPFUL LINKS TO STATE RESOURCES
• DWSRF: http://new.dhh.louisiana.gOv/index.cfm/page/431/n/285
• Drinking Water Program: http://new.dhh.louisiana.gov/index.cfm/page/963
• Capacity Development: http://www.dhh.louisiana.gov/index.cfm/page/433
• Water System Operators Page: http://dhh.louisiana.gov/index.cfm/page/416
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
23
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MAINE
Maine Department of Health and Human Services, Drinking Water Program (DWP)
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
CONSOLIDATION GRANTS
One of the long term goals of the Maine DWSRF is to provide assistance for consolidation or interconnected
systems. The Maine DWSRF offers Water System Consolidation grants specifically for the consolidation of
two or more water systems. Water systems with a TMF capacity issue can receive partial funding to
consolidate with a more viable PWS. These projects do not necessarily have to involve construction. The
grant provides 50 percent of the cost for for-profit facilities or 75 percent for non-profit facilities up to
$100,000 (see State of Maine 2017 IUP).
CAPACITY DEVELOPMENT GRANTS
The Capacity Development Program uses DWSRF set-aside money to offer Capacity Development grants to
PWSs to help prepare professional documents, including Comprehensive System Facilities Plans, Capital
Improvement Plans, System Hydraulic Modeling Studies, Comprehensive Operations and Maintenance
Manuals, System Vulnerability Assessments, Emergency Response Plans, Management Review Studies,
System Consolidation Studies, Asset Management Plans, GIS Infrastructure Mapping, Energy Audit Reports,
Water Audit Reports, Water Storage Tank Upgrade/Replacement Evaluations, Hydrogeologic Investigation
Reports for locating new groundwater well locations, and other professionally prepared documents that can
be used to enhance system capacity. Eligible projects receive 50 percent of the cost of the document up to
$15,000.
OPERATOR SHARING
Maine's Operator Certification Program has published guidelines for contracts between water system
owners and contract operators, including the scope of services, the distance between the contract operator
and water system, etc. See link below.
EMERGENCY RESPONSE
! Maine's state wide Water and Wastewater Agency Response Network (MEWARN) of utilities, provides water
and wastewater utilities with a Mutual Aid Agreement and process for sharing staff and resources statewide
in the event of an emergency.
HELPFUL LINKS TO STATE RESOURCES
• Contract Operator Guidelines: http://www.maine.gov/dhhs/mecdc/environmental-
health/dwp/professionals/PWSOperatorRequirements.shtml
• MEWARN: http://www.mewarn.org/
• Drinking Water Program: http://www.medwp.com
• Maine DWSRF Financial Resources (DWSRF and other loans and grants):
http://www.maine.gov/dhhs/mecdc/environmental-health/dwp/pws/financialResources.shtml
• Capacity Development: http://www.maine.gov/dhhs/mecdc/environmental-
health/dwp/partners/capacitvDevelopment.shtml
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
24
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MARYLAND
Maryland Department of the Environment
Maryland Water Quality Financing Administration
STATE POLICIES AND PROGRAMS REGARDING
WATER SYSTEM PARTNERSHIPS
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MASSACHUSETTS
Massachusetts Department of Environmental Protection (MassDEP)
Massachusetts Office of Consumer Affairs & Business Regulation
#
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
OPERATOR SHARING
The MassDEP Drinking Water System Management Handbook contains a section on contract operators, with
recommendations on what to look for in hiring a contract operator, and terms to consider including in a
contract, including duties, duration, compensation, frequency of visits, owner and operator responsibilities.
TMF SELF ASSESSMENTS
MassDEP uses a questionnaire as a first step in evaluating a system's TMF capacity. The questionnaire asks
basic questions about a system's existing interconnections, permanent or emergency, and the willingness to
consolidate or connect with neighboring systems.
CONSECUTIVE SYSTEM AGREEMENTS
All consecutive systems are required to file an agreement describing the operational responsibilities of the
parent and consecutive systems. These agreements help establish successful. Long-term partnerships
between the systems. If the parent system is responsible for all the operational functions, then the
consecutive system does not have any reporting duties. MassDEP published a guide for consecutive systems,
along with an example of conditions to include for a Memorandum of Understanding of consecutive
systems. See link below.
EMERGENCY RESPONSE
Massachusetts has a Water and Wastewater Agency Response Network (MaWARN), which facilitates mutual
aid agreement among participating utilities in order to provide access to staff and resources in the event of
an emergency.
HELPFUL LINKS TO STATE RESOURCES
• Drinking Water Program: http://www.mass.gov/eea/agencies/massdep/water/clrinking/
• Massachusetts WARN: http://www.mass.gov/eea/agencies/massclep/water/drinking/water-wastewater-
agencv-response-network-warn.html
• MassDEP Drinking Water System Management Handbook:
http://www.mass.gov/eea/docs/dep/water/drinking/alpha/i-thru-z/sysmngt.pdf
• MassDEP Self-Assessment Questionnaire to Assist Small Public Water Systems with Capacity Development:
http://www.mass.gov/eea/docs/dep/water/drinking/alpha/i-thru-z/sawsheet.pdf
• Operator Certification (in the Office of Consumer Affairs and Business Regulation):
http://www.mass.gov/ocabr/licensee/dpl-boards/dw/
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
26
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Michigan Department of Environmental Quality (DEQ)
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
Michigan's DWSRF prioritization system awards a maximum of 1,000 points to projects that apply for funding.
Points (up to 100) are awarded for projects that include consolidation of smaller, separate systems to achieve
compliance (100 points), correct deficiencies (60 points), or serve other purposes (40 points). For comparison, up to
450 points are awarded for projects that will eliminate violations of water standards.
ENCOURAGING PARTNERSHIPS THROUGH CAPACITY DEVELOPMENT STRATEGY
f mj Michigan's capacity development strategy for existing systems includes encouraging partnerships among water
systems to address TMF deficiencies. In the 2014 Capacity Development Report to the Governor, a partnership
initiative for surface water systems was described. Surface Water Intake Protection Programs (SWIPP) encourage
communities to develop partnerships with nearby communities to protect areas around the shared intake and the
watershed as a whole. As of 2014, seven communities were involved in a SWIPP.
NEW SYSTEMS MUST CONSIDER INTERCONNECTION TO EXISTING SYSTEMS
As part of its new system approval process, the DEQ requires new privately-owned CWSs to submit proof of refusal
to accept ownership or operational responsibility from the governing body of a city, county, village, township, or
other governmental entity where the new system would be located. In addition, the owner of the privately-owned
CWS must stipulate (prior to the DEQ issuing a permit) to transfer the ownership and operation of the system to a
governing body of a city, village, or township, or its designated public entity (Michigan Safe Drinking Water Rules R
325.11705-11706), if connection to the publicly-owned system becomes practical.
HELPFUL LINKS TO STATE RESOURCES
• Michigan Drinking Water Program: http://www.michigan.gOv/deq/0.1607.7-135-3313 3675—.00.html
• Michigan Community Water Supply Program: http://www.michigan.gOv/deq/0.4561.7-135-
3313 3675 3691-.00.html
• DWSRF: http://www.michigan.gOv/deq/l.1607.7-135-3307 3515 3517-.00.html
• Operator Certification: http://www.michigan.gOv/deq/0.1607.7-135-3308 3333 4171-10155--.00.html
• Capacity Development: http://www.michigan.gOv/deq/0.1607.7-135-3313 3675 3691-61632--.00.html
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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Minnesota Department of Health
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
Seven points are awarded for proposed projects that will result in interconnection between existing public drinking
water supplies. (See Minnesota Administrative Rule 4720.9030). For comparison, projects that will address issues
that led to acute violations of MCLs or outbreaks of waterborne diseases within the last 36 months will be assigned
up to 25 points.
OPERATOR SHARING
Minnesota provides guidelines for contracts between water system owners and operators, including a
recommendation of the number of visits per week that an operator should make, based on the system's
classification. In addition, contracts must include the contract period and duties of the owner and the operator.
EMERGENCY RESPONSE
! Minnesota Water/Wastewater Agency Response Network (MnWARN) is a mutual aid agreement to provide staff
and resources to member utilities in the event of an emergency. Participation is free and voluntary.
HELPFUL LINKS TO STATE RESOURCES
• Minnesota Drinking Water Protection: http://www.health.state.mn.us/divs/eh/water/
• Operator Certification: http://www.health.state.mn.us/divs/eh/water/wateroperator/index.htm
• Contract Operator Requirements:
http://www.health.state.mn.us/divs/eh/water/wateroperator/contractoperating/requirements.htm
• MnWARN: http://www.mnwarn.org/abount-mnwarn
• DWSRF: http://www.health.state.mn.us/divs/eh/water/dwrf/index.html
• Minnesota Administrative Rules: https://www.revisor.mn.gov/rules/
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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MISSISSIPPI
Public Supply Commission of Mississippi (PSC)
Mississippi Department of Health (MSDH)
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
(D
©
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
Any project that includes consolidation of ownership and management of two or more separate systems will
receive extra points equal to half the adjusted benefit/cost points earned. Mississippi's 2017 IUP explains that "the
purpose of assigning consolidation points is to promote reliability, efficiency, and economy of scale that can be
achieved with larger water systems while discouraging the proliferation of numerous separate small systems with
their inherent inefficiencies and limitations."
PEER-TO-PEER OPERATOR ASSISTANCE
MSDH provides DWSRF funding to Mississippi State University Extension Service to coordinate the PEER Review
Program, which started in 2003. The program brings high performing operators to consult with low performing
systems to prepare for annual MSDH inspections and rule changes. The PEER Review team members are volunteers
with experience as PWS operators or managers and are not affiliated with any regulatory agency. The program is
geared toward providing improved technical operations to water supply staff through peer to peer interaction.
STATE ORDERED CONSOLIDATION OR RECEIVERSHIP
The PSC can petition the Chancery Court in the county where the system is doing business to attach the assets of a
privately-owned water system and appoint a receiver if the system is unable or unwilling to adequately serve its
customers; has been actually or effectively abandoned by its owner; or has management that is grossly inefficient,
irresponsible, or unresponsive to the needs of its customers. The court-appointed receiver must operate the water
system so as to preserve the assets and to serve the best interests of the customers. Control of and responsibility
for the water system remains with the receiver until the court determines that it is in the best interest of the
customers for the system to be returned to the owner, transferred to another owner, assumed by another water
system or public service corporation, or liquidated.
ENFORCEMENT ACTIONS TO ENCOURAGE CONSOLIDATION
MSDH encourages systems with inadequate capacity to form cooperative arrangements, including physical
consolidation and administrative mergers. This can be done by increasing the number of enforcement actions,
imposing administrative penalties on systems that serve customers in excess of their approved design capacity, and
by reviewing plans and specifications. According to the 2014 Triennial Report to the Governor, "Strict enforcement
also encourages water systems without adequate capacity to seek alternate methods of compliance, including the
pursuit of mergers with neighboring viable water systems. In most cases, these mergers (or "consolidations") result
in the creation of much more capable public water systems, which do have the capacity to provide safe drinking
water to their customers."
HELPFUL LINKS TO STATE RESOURCES
• MSDH Bureau of Public Water Supply: http://msdh.ms.gov/msdhsite/ static/30,0.76.html
• PEER Review Program: http://msucares.com/water/
• DWSRF: http://msdh.ms.gov/msdhsite/ static/44.0.127.html
• Capacity Assessments: http://msdh.ms.gov/msdhsite/ static/30,0,76,489.html
• Water Supply Regulations: http://msdh.ms.gov/msdhsite/ static/30,0,76,225.html
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
29
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MISSOURI
Missouri Public Service Commission (PSC)
Missouri Department of Natural Resources - Water Protection Program
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
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MONTANA
MONTANA
Montana Department of Environmental Quality
Montana Department of Natural Resources and Conservation
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
(D
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
Projects that promote regionalization or achieve consolidation of two or more PWSs earn 20 points. In comparison,
projects that address acute health risks earn a maximum of 120 points, and projects that include proactive
compliance measures earn up to 50 points. Fiscal Year 2013 included partial funding for two regionalization
projects. MT predicted in the Fiscal Year 2015 report that it would use DWSRF funds for similar projects in Fiscal
Year 2016 (Montana DWSRF Annual Report for State Fiscal Year 2015).
REGIONAL PLANNING
The Department of Natural Resources and Conservation supports four main regional water authorities and
participates in the review and implementation of regional water planning. These four regional systems are the Fort
Peck Dry Prairie Rural Water System, the Rocky Boy's North Central Montana Regional Water System, the
Musselshell-Judith Regional Water System, and the Dry-Redwater Regional Water Authority. The regional systems
receive funding through the DWSRF and other federal and tribal grant programs to help address the challenges
small systems face from drought, aging infrastructure, and increasing costs.
HELPFUL LINKS TO STATE RESOURCES
• Public Water Supply Program: http://deq.mt.gov/Water/PWSUB
• Operator Certification: http://deq.mt.gov/Water/WQINFO/opcert
• Public Water Supply Laws and Rules: http://deq.mt.gov/Water/PWSUB/pws/lawsrules
• Montana's Regional Water Systems: http://dnrc.mt.gov/divisions/cardd/regional-water-systems
• Montana DWSRF Annual Report for State Fiscal Year 2015:
https://deq.mt.gov/Portals/112/Water/TFAB/DWSRF/AnnualReports/Final2015AnnualReport.pdf
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
31
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Nebraska Department of Health & Human Services
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
COORDINATE WITH LAND-USE PLANNING
The 2011 Triennial Report to the Governor stated that the "Department currently encourages the consolidation of
existing systems in certain circumstances, and requires TMF capacity to be demonstrated by new community and
non-transient non-community PWS's prior to being issued a permit to operate a PWS. The process to regionalize
water systems may need to have a larger role in the Nebraska drinking water future. Future regulations will require
a greater effort by the Department to act as a technical resource to help cities and counties acquire the information
they need to understand drinking water capacity issues and then incorporate these issues into their planning
efforts. The Department will implement meetings throughout the state to bring these issues to the attention of
local governments. At the July 16, 2008 Stakeholder meeting it was stated that working with other associations
such as the Natural Resources District's and local county planning commissions is necessary to enhance land use
planning objectives."
NEW SYSTEMS MUST CONSIDER INTERCONNECTION TO EXISTING SYSTEMS
negative impact on the economics of producing safe drinking water. Local and county governments often fail to
incorporate drinking water issues in land use planning, particularly in the development of unincorporated areas
adjacent to existing municipal and not-for-profit PWSs. The Department currently encourages the consolidation of
existing systems in certain circumstances, and requires TMF capacity to be demonstrated by new systems prior to
being approved.
HELPFUL LINKS TO STATE RESOURCES
• Public Water Supply Program: http://dhhs.ne.gov/publichealth/Pages/enh pwsindex.aspx
• Capacity Development: http://dhhs.ne.gov/publichealth/Pages/enh pws capdevindex.aspx
Nebraska's Capacity Development Report to the Governor states that the lack of planning in rural areas has a
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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NEVADA
V3V
Nevada Public Utility Commission
Nevada Division of Environmental Protection
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
IMF SELF-ASSESSMENTS
f M The major objectives of Nevada's Capacity Development Strategy are: 1, Prioritization of systems most in need. 2.
Assessment of system capacity. 3. Developing programs to assist systems with SDWA compliance. 4. Encouraging
partnering between systems. 5. Measuring success. One of the ways the state encourages water system
partnerships is through a TMF Capacity Survey, which is used to assess overall capacity and DWSRF eligibility (See
Figure 5).
REGIONAL PLANNING OF SOURCE WATER PROTECTION
Nevada is implementing an Integrated Source Water Protection Program in an effort to address groundwater
quality and quantity challenges facing many areas in the state. The NDEP's Bureau of Safe Drinking Water
administers the ISWPP and helps communities develop and implement Community Source Water Protection Plans
(CSWPPs), Local CSWPPs require coordinated planning among all PWSs within a specific county to examine shared
water sources, evaluate community development impacts to those sources, and discuss how to collectively manage
potential risks from a broader perspective. This provides opportunities for a wide array of PWSs, from mobile home
parks to larger districts and municipalities, to leverage resources and promote community-wide awareness and
acceptance of the plan.
HELPFUL LINKS TO STATE RESOURCES
• Operator Certification: https://ndep.nv.gov/water/operator-certification
• Capacity Development: https://ndep.nv.gov/water/financing-infrastructure/state-revolving-fund-
loans/drinking-water/capacitv-development
• Nevada Source Water Protection: https://ndep.nv.gov/water/source-water-protection
• Drinking Water Regulations: https://www.leg.state.nv.us/NRS/NRS-445A.html#NRS445ASec235
11. How interested would you be in consolidating either physically or managerially with another
public water system? Has this been investigated or has a feasibility study been done? Is it a
feasible option? Note: If this option is not feasible, this question is not counted toward the final
technical score.
Interested in TA N/A
Comments:
Assessment
Score
(1-3)
Consolidation
Strong Technical Capacity
3
Moderate Technical Capacity
2
Weak or deficient
Technical Capacity
1
Physical /
Managerial
Consolidation
PWS is currently consolidated
managerially with other PWS(s)
or PWS is in the process of
consolidating either physically
or managerially with Dther
PWS{s)
PWS is working on or has
completed a feasibility study and
would consider either physical or
managerial consolidation;
however, funding or other issues
are currently inhibiting further
action
PWS could consolidate
either physically or
managerially with other
PWS{s) but chooses not to
Total
Score = Total +1
Figure 5. EXCERPT FROM NEVADA TMF SURVEY
(https://ndep.nv.gov/uploads/water-financing-srf-capacitvdevelopment-docs/nv tmf capacity survey fvl2.pdf)
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
33
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NEW HAMPSHIRE
New Hampshire Department of Environmental Services (NHDES)
New Hampshire Public Utility Commission (PUC)
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NEW JERSEY
New Jersey Department of Environmental Protection (NJDEP)
New Jersey Board of Public Utilities (BPU)
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
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NEW MEXICO
New Mexico Environment Department (NMED)
New Mexico Finance Authority
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
According to New Mexico's DWSRF IIIP for SFY 2017, one of its program's long term goals is to encourage
consolidation and regionalization. As a result, priority is given via a ranking system to projects that: address
system consolidation or regionalization, expand service to areas not currently served by a water system, add
a back-up source by interconnection, or involve regional resource coordination.
CAPACITY DEVELOPMENT STRATEGY TO PROMOTE REGIONALIZATION
According to Mexico's 2014 Capacity Development Report to the Governor, the state's capacity
development strategy has been revised in ways that further promote regionalization. These revisions
include:
• "a community planning focus through the inclusion and development of the Source Water and Wellhead
Protection Program to include other planning objectives best addressed in a community setting that
incorporates public feedback such as emergency response, water conservation, drought contingency
planning, and regionalization opportunities" and
• "promotion of an expansion of the term 'regionalization' to include any collaboration of operations,
management, or infrastructure between neighboring systems and increasing outreach on the potential
for PWS to collaborate in all capacity development topics."
TRAINING AND TECHNICAL ASSISTANCE EMPHASIZING PARTNERSHIPS
The Drinking Water Bureau (DWB) of the NMED provides assistance to PWSs through the Community
Services Program. The Community Services Team provides free managerial and financial assistance to PWSs
through various activities including the facilitation of regional coordination with other systems. The
Community Services Program also facilitates partnership-building workshops which involve a session with
hands-on exercises regarding various TMF topics and a follow-on session where water systems work
together on a regional collaboration activity. These workshops can identify opportunities for cost savings and
collaboration and provide NMED insight into what type of collaboration model the systems are willing to
participate in.
NEW SYSTEMS MUST CONSIDER INTERCONNECTION TO EXISTING SYSTEMS
The DWB requires additional information to be submitted with applications for the construction of new
PWSs. The proposed system must demonstrate adequate capacity, which includes explaining why
consolidation with a nearby system is not feasible.
PROPOSED LEGISLATION TO ALLOW CREATION OF REGIONAL WATER AUTHORITIES
In 2016, the Regional Water Utility Authority Act was introduced to the New Mexico House of
Representatives, which would allow for the creation of regional water utility authorities. According to the
proposed bill, a regional water utility may be established to plan, develop, manage, maintain, or coordinate
regional water and wastewater facilities.
REGIONAL PLANNING
The Sanitary Projects Act (SPA) governs the formation of Mutual Domestic Water Consumer Associations
(MDWCA). There are approximately 200 of these water systems in the state. Under the 2006 revisions to the
SPA, a new MDWCA cannot be formed if it is adjacent to a municipal water system that is able to provide
water to the proposed service area of the new system at or below the cost of the new system.
HELPFUL LINKS TO STATE RESOURCES
• Drinking Water Program: https://www.env.nm.gov/drinking water/
• Drinking Water Bureau: Managerial and Financial Assistance: https://www.env.nm.gov/dwb/mfa.htm
• Capacity Development: http://www.nmenv.state.nm.us/dwb/assistance/
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
36
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• Drinking Water State Revolving Loan Fund: http://www.nmenv.state.nm.us/dwb/loan fund/lndex.htm
• Drinking Water Laws and Regulations: https://www.env.nm.gov/dwb/regulations/index.htm
• Proposed bill:
https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=196&vear=16
The Lower Rio Grande Public Water Works Authority (PWWA)
started with the merger of five mutual domestic associations
in 2009. Today, the Lower Rio Grande PWWA includes nine wa-
ter systems, serves 16 communities, and recognizes such ben-
efits as a larger customer base to share costs, increased pur-
chasing power, and a larger pool of available resources,
among other benefits. More information on examples of re-
gionalization in New Mexico can be found in the slides and
speakers notes from a 2012 EPA-USDA Webinar Series on part-
nerships: httos://www. ep a. aov/sites/production/files/2016-
01/documents/troubleshootina partner-
ships speaker notes final website version.pdf.
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
37
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NEW YORK
New York State Department of Health (NYSDOH)
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
DWSRF APPLICANTS REQUIRED TO CONSIDER INTERCONNECTIONS
Systems that apply for DWSRF funding must carefully consider interconnection if it will address the scope of
the project with respect to its priority health ranking. According to a 2017 NYS DWSRF Intended Use Plan, if a
system decides not to pursue a possible interconnection, it has to provide detailed justification "that the
interconnection is a technically, financially, or managerially disadvantageous option." In addition, the State
Small Systems Technical Assistance set-aside encourages small water systems to consider
collaborative/regional approaches like consolidating, forming partnerships, O&M agreements.
DIRECT CAPACITY DEVELOPMENT ASSISTANCE
The NYSDOH's Small Systems Program assists communities in applying for DWSRF funding and performing
technical assessments. In addition, the Small Systems Program encourages small water systems to consider
collaborative or regional approaches to water supply services, such as consolidating, forming partnerships,
and initiating contract operation and maintenance agreements.
IDENTIFYING POSSIBLE SYSTEM CONSOLIDATIONS
The NYSDOH uses a data management system to evaluate system capacity against certain "criteria
established in the Capacity Development Program Strategy Report." This helps identify which systems are in
need of capacity development. In consultation with local health department staff, select systems identified
as being in "critical" need of capacity development are given direct assistance from either the state or local
health department, or from one of NYSDOH's partners. Such assistance may include engineering support,
training, system consolidation, or help with applying for financing.
HELPFUL LINKS TO STATE RESOURCES
• Drinking Water Protection Program: http://www.health.nv.gov/environmental/water/drinking/
• Operator Certification: http://www.health.nv.gov/environmental/water/drinking/operate/opcertfs.htm
• Capacity Development: http://www.health.nv.gov/environmental/water/drinking/capacitv/
• Final Intended Use Plan - Drinking Water State Revolving Fund (Issued October 1, 2016):
https://www.efc.ny.gov/dwiup
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
38
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NORTH CAROLINA
North Carolina Department of Environment and Natural Resources
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
(D
DWSRF DISADVANTAGED COMMUNITIES ADDITIONAL SUBSIDIZATION
The Public Water Supply Section initiates consolidation projects using the DWSRF Disadvantaged Community
Additional Subsidization Program and offers principal forgiveness loans to the most appropriate water system
having capacity that is willing to take over a failing system serving a disadvantaged community. In this context, a
disadvantaged community is a community served by a PWS that lacks capacity as defined in the Safe Drinking
Water Act, Sections 1420 and 1452(a)(3). Because these projects are initiated by the PWS Section, no application is
required.
DIRECT CAPACITY DEVELOPMENT ASSISTANCE
The Capacity Development Program reports that compliance of water systems in the state has improved because of
enforcement activities, on-site visits, technical assistance, and the consolidation of problem water systems with
more reliable systems. The PWS Section regional office staff has also been effective in helping small and also non-
viable systems interconnect through DWSRF Disadvantaged Communities Additional Subsidization Program.
OPERATOR SHARING
North Carolina Revised statute § 90A-31 directs that all Operators in Responsible Charge (ORC) of water systems,
whether employed by the system or contracted through a commercial water operation firm, must obtain
certification through the Water Treatment Operators Board of Certification.
HELPFUL LINKS TO STATE RESOURCES
• DWR Public Water Supply Section:
http://www.ncwater.org/pws/
• Capacity Development:
http://deq.nc.gov/about/divisions/water-resources/drinking-
water/capacitv-development
• Operator Certification: http://deq.nc.gov/about/divisions/water-
resources/operator-certification
• Map of North Carolina Community Water System
Interconnections (prepared by UNC Environmental Finance
Center, data from October 2012):
http://www.efc.sog.unc.edu/reslib/item/interactive-map-
community-water-system-interconnections-north-carolina
The Public Water Supply Section has
worked with the University of North Car-
olina Environmental Finance Center to
develop and maintain a comprehensive
database and interactive map of all of
the physical interconnections between
water systems in the state of North Car-
olina.
This and other partnerships resources
from UNC EFC are located here:
https://efc.soQ. unc. edu/.
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
39
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NORTH DAKOTA
North Dakota State Water Commission
North Dakota Department of Health, Environmental Health Section
North Dakota Public Finance Authority
"V
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
The Department of Health developed a priority ranking system that assigns a maximum of 100-points, of
which up to 10 points can be awarded to systems that include the consolidation or regionalization of water
supplies. Points are awarded based on the criticality/severity of compliance problems that consolidation
would address. For comparison, water quality issues can be assigned up to 35 points.
NEW SYSTEMS MUST CONSIDER CONSOLIDATION
New systems are required to submit a technical plan to the state that includes an assessment of
interconnection alternatives and describes the rationale for the chosen alternative. The Capacity
Development Program reports that new developments, including subdivisions, trailer courts, and industries,
generally occur adjacent to or within the service areas of existing PWSs and typically choose to consolidate
with or purchase bulk water service by existing PWSs. As a result, there are many rural water systems
throughout North Dakota that provide regionalized service or consolidation.
REGIONAL PLANNING
North Dakota's municipal, rural, and industrial (MR&I) water supply program was amended (in 2000) to
disperse funding to meet statewide water requirements. As a result of this program, regional and rural water
systems have expanded throughout the state. As of 2012, there were 31 regional water systems providing
drinking water to over 200,000 people in 319 cities, 88 various water systems, and over 90,000 rural
residents. Currently, all or part of North Dakota's 53 counties are served by regional water systems, with
several having plans to expand. The North Dakota State Water Commission has produced and regularly
updated the North Dakota Water Development Plan to identify regional water infrastructure needs, and
coordinate the funding of various projects, including regional water systems.
HELPFUL LINKS TO STATE RESOURCES
• Drinking Water Program: https://www.ndhealth.gov/mf/dw.html
• DWSRF: https://www.ndhealth.gov/MF7dwsrf.html
• MR&I Water Supply and Dakota
Resources Act Information:
http://www.swc.nd.gov/
project development/
niri water supplv.html
North Dakota Regional Water Systems
Figure 6. NORTH DAKOTA REGIONAL WATER SYSTEMS (2013)
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
40
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OHIO
Ohio Environmental Protection Agency (EPA)
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
The consolidation and regionalization of small PWSs is a long term goal of the Ohio DWSRF program. Consequently,
"projects that provide the potential for consolidation" are awarded 10 points to the priority ranking score (Drinking
Water Assistance Fund: Draft Program Management and Intended Use Plan). When the project involves
consolidating more than two systems, another 10 points are added for each additional system. Ohio also offers
substantial principal forgiveness (up to 50%) to systems, which have already demonstrated capability, when they
regionalize smaller, less capable systems.
OPERATOR SHARING
Ohio EPA maintains a list of Contract Operators on their website. These contract operators are available to for the
operation and treatment of PWSs, and when contracted become the "operator of record" at each water system.
EMERGENCY RESPONSE
! Utilities may sign the OH Water-Wastewater Agency Response Network (OHWARN) mutual aid agreement to
facilitate the exchange of staff, resources and equipment between water systems in the event of an emergency.
The network of participating systems can help streamline access to needed help, foster mutually beneficial
relationships between participating utilities, and protect public health.
HELPFUL LINKS TO STATE RESOURCES
• Public Water Systems Page: http://epa.ohio.gov/ddagw/pws.aspx
• Security and Emergency Preparedness: http://epa.ohio.gov/ddagw/security.aspx
• Capability Assurance Program:
http://epa.ohio.gov/ddagw/financialassistance/tabid/5791/LiveTabld/113407/Default.aspx
• Certified Operators: http://epa.ohio.gov/ddagw/opcert.aspx
• OHWARN: http://www.ohwarn.org/
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
41
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OKLAHOMA
Department of Environmental Quality
Oklahoma Water Resources Board
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
The DWSRF program offers subsidization through principal forgiveness loans for consolidation or regionalization
projects. Projects that will involve the consolidation of two or more water systems receive 20 points to their
prioritization score. Projects that connect two or more systems but do not consolidate, including back-up and
emergency supply interconnections, will receive 10 points.
IDENTIFYING POTENTIAL CONSOLIDATIONS
The Capacity Development Program identifies new and existing water systems that may benefit from
regionalization and consolidation into larger water systems, and helps them through the DWSRF application
process. Systems are considered good candidates for regionalization and consolidation if they have source water
capacity limitations (drought); are undergoing DEQ enforcement proceedings; are considering giving away, selling,
or abandoning the system; or have expressed interest in consolidation, in SFY 2016,11 water systems consolidated
into neighboring water systems.
REGIONAL PLANNING
In 2012, the Oklahoma Water Resources Board released the most recent Oklahoma Comprehensive Water Plan,
which contains state-wide information on hydrology, water planning and management, water quality, as well as
policy recommendations to alleviate deficits. Watershed Planning Region Reports are also included in the
Comprehensive Plan, and contain detailed information for each of the 13 identified watershed planning regions in
the state. Information and recommendations regarding regionalization of and supply sharing between public water
supplies is also included in the Water for 2060 Act, which established a state-wide goal of consuming no more fresh
water in 2060 than was consumed in 2010.
HELPFUL LINKS TO STATE RESOURCES
• Oklahoma Comprehensive Water Plan page: http://www.owrb.ok.gov/supplv/ocwp/ocwp.php
• Operator Certification: http://www.deq.state.ok.us/wqdnew/opcert/
• DWSRF: http://www.deq.state.ok.us/wqdnew/dwsrf/
OCWP Watershed Planning Regions
5FY700B SFY2009 SFY7010 SFY20U SFY2012 SFY2013 SFY2014 SFY201S
N I = . .... 'vjSSgigSS&j
1 \W
Figure 7. SYSTEM CONSOLIDATIONS IN OKLAHOMA 2008-
2015 (Source: Annual capacity development reports)
Figure 8. OKLAHOMA WATERSHED PLANNING REGIONS
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
42
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JTAtt or objgoh
Oregon Health Authority
(D
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
DWSRF DISADVANTAGED COMMUNITIES ADDITIONAL SUBSIDIZATION
Oregon's DWSRF uses the Disadvantaged Communities additional subsidy to consolidate non-viable systems by
providing principal forgiveness and reduced interest loans for PWSs that are willing to take over a Disadvantaged
Community system. In most cases, this will consist of a project to run supply to and replace the distribution system
in the Disadvantaged Community.
CAPACITY DEVELOPMENT TMF ASSESSMENTS
Oregon's Capacity Development Program encourages partnerships between PWSs to enhance TMF capacity
through training, education, and outreach. The benefits of partnerships and the sharing of information for
emergency operations to gain capacity and stay in compliance are key topics during technical assistance outreach
and manager/operator training programs.
REGIONAL PLANNING (BY COUNTY)
Oregon Revised Statutes allow counties to develop a water service plan in which small systems are encouraged to
"combine management functions and...consolidate where possible" (2015 Oregon Revised Statutes 448.165). In
addition, the many different types of water entities in Oregon (domestic water supply districts, people's utilities
districts, water authorities or joint water and sanitary authorities, and water control and improvement districts) can
enter into cooperative agreements with each other and can merge and consolidate. Mergers, consolidations, and
annexations must be approved by the governing body of the districts and in general, the rights, responsibilities,
obligations, and liabilities of the districts survive the merger, consolidation, or annexation and flow to the newly
created entity.
EMERGENCY RESPONSE
! The Oregon Water/Wastewater Agency Response Network (ORWARN) is composed of member utilities providing
voluntary assistance to each other during an emergency incident. ORWARN facilitates rapid, short-term
deployment of emergency services, in the form of personnel, equipment and materials, that are required to restore
critical operations to utilities that have sustained damages from natural or man-made events.
HELPFUL LINKS TO STATE RESOURCES
• Drinking Water Program:
http://public.health.oregon.gov/HealthvEnvironments/DrinkingWater/Pages/index.aspx
• Operator Certification:
httpsV/public.health.oregon.gov/HealthvEnvironments/DrinkingWater/OperatorCertification/Pages/index.a
spx
• DWSRF: http://public.health.oregon.gov/HealthyEnvironments/DrinkingWater/SRF/Pages/index.aspx
• ORWARN: http://www.orwarn.org/
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
43
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PENNSYLVANIA
Pennsylvania Infrastructure Investment Authority (PENNVEST)
Pennsylvania Public Utility Commission (PUC)
Pennsylvania Department of Environmental Protection
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
DIRECT AND 3RD PARTY CAPACITY DEVELOPMENT ASSISTANCE
The Pennsylvania Capability Enhancement Program provides on-site assistance with consolidation and
regionalization planning. In addition, the Capability Enhancement Program utilizes DWSRF set-asides to contract
with private consultants to provide engineering expertise and legal assistance to small water systems in the state
and to facilitate regionalization and consolidation.
TMF ASSESSMENTS
The Capability Enhancement program uses TMF assessments to rank systems in terms of system capability.
Approximately thirty high-priority water systems are selected to receive direct assistance to increase system TMF
capacity, including through consolidation with another system. This program's overall goal is to eliminate non-
viable PWSs and decrease the number of high priority water systems.
ENCOURAGING CONSOLIDATIONS THROUGH PRICING INCENTIVES
The state also aims to encourage the restructuring of existing non-viable small systems. The PUC provides
acquisition incentives, and facilitates the rate process to aid in the provision of financial assistance from PENNVEST
to projects that involve a viable system acquiring a small, non-viable system. Acquisition incentives include
additional rate of return basis points, the inclusion of reasonable excess acquisition costs in the rate base of the
acquiring entity and amortization over 10 years, and a phased-in rate recovery for improvement costs. Additional
surcharges are allowed to offset various operating costs (state tax adjustment, distribution system improvement,
purchase power, and purchase water).
EMERGENCY RESPONSE
] Pennsylvania utilities may participate in state-wide Water and Wastewater Agency Response Network (PaWARN),
in order to promote statewide mutual aid in the event of natural and human-caused events. Participating utilities
sign a mutual aid agreement which allows swift exchange of staff, resources or equipment after a disaster, and
improves the resiliency of water and wastewater services statewide. Participating in PaWARN is voluntary.
HELPFUL LINKS TO STATE RESOURCES
• Bureau of Safe Drinking Water:
http://www.dep.pa.gov/Business/Water/BureauSafeDrinkingWater/Pages/clefault.aspx
• Operator Certification:
http://www.dep.pa.gov/Business/Water/BureauSafeDrinkingWater/OperatorCertification/Pages/clefault.as
Ex
• Capability Enhancement:
http://www.dep.pa.gov/BUSINESS/WATER/BUREAUSAFEDRINKINGWATER/CAPABILITYENHANCEMENT/Page
s/default.aspx
• DWSRF: http://www.pennvest.pa.gov/lnformation/Funding-Programs/Pages/Drinking-Water-State-
Revolving-Fund.aspx
• PaWARN: http://www.pawarn.org
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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Rhode Island Public Utility Commission
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
(D
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
The DWSRF program prioritizes projects that include water system restructuring, consolidation, or management
changes to water systems. Systems that do not have the technical, managerial, and financial capacity to ensure
compliance can only receive funding if the resulting consolidation or reorganization will enable the system to
maintain compliance with the SDWA and the state's Rules and Regulations Pertaining to Public Drinking Water R46-
13-DWQ.
TRAINING WORKSHOPS FOCUSING ON PARTNERSHIPS
Rhode Island contracted with third party technical assistance providers to offer training and continuing education
units (CEUs) regarding several topics, including Preparing for Water Emergencies and Regionalism, Consolidation
and Costs Sharing.
SYSTEM INITIATED MERGERS OR CONSOLIDATIONS
The Public Water Supplies Systems Act (PWSSA) of 1995 states that "economy and efficiency dictate the desirability
to combine small public water supply systems with other public water supply systems" Rl Gen L § 46-30-2 (2014).
In addition, the law provides water suppliers the authority to petition an adjacent supplier for the purpose of
merging or annexing, as long as they have consent of the governing board of both entities [Rl Gen L § 46-30-2
(2014)]. The Public Utility Commission has the authority to approve user charges, fees, or rate changes as a result
of the merger. An annexation fee of any amount between 10 percent and 100 percent of the pre-annexation rate
can be imposed for up to 30 years, or until the loan that funded the merger is paid off [Rl Gen L § 46-30-4 (2013)].
HELPFUL LINKS TO STATE RESOURCES
• Drinking Water Quality Program: http://health.ri.gov/programs/detail.php7pgm id=126/
• Operator Certification: http://health.ri.gov/licenses/detail.php?id=273
• DWSRF: http://www.health.ri.gov/programs/drinkingwaterstaterevolvingloanfund/
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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SOUTH CAROLINA
South Carolina Department of Health and Environmental Control (DHEC)
South Carolina Public Service Commission (PSC)
South Carolina Office of Regulatory Staff (ORS)
-------
SOUTH DAKOTA
South Dakota Department of Environment & Natural Resources (DENR)
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
(D
PRIORITIZATION OF CONSOLIDATION PROJECTS AND SMALL SYSTEM ASSISTANCE
DENR's Division of Financial and Technical Assistance offers several tools to support and encourage partnership.
Systems are given priority points for consolidating or becoming a consecutive system of another public water
system. The state's Consolidated Grant Funds are used to compliment DWSRF or other funds with preference given
to drinking water projects, DENR also has a Small Systems Planning Grant program which provides an 80% grant up
to $8000 to allow systems to hire an engineer to develop the required facility plan needed to apply for state
funding opportunities. DENR has also developed a Very Small System's Compliance Grant for up to $50,000 if total
project costs are less than $100,000. This grant is only available to systems serving less than 50 connections and
could be used for consolidation purposes if compliance is an issue.
SELF-ASSESSMENTS
The Capacity Development Program developed self-assessments for systems to determine their TMF capacity. In
the Emergencies section of the assessment, systems are asked if their Emergency Response Plan has a contingency
for emergency interconnections to neighboring systems, and whether the emergency connections are functional.
OPERATOR SHARING
The state allows small systems the option of contracting with a certified operator. The Board can approve
arrangements where a certified operator not under direct employment of a system can work as the system's
certified operator. The contract operator must work a minimum number of hours per week and be in direct
responsible charge of all operation and maintenance of the system.
NEW SYSTEMS REQUIRED TO CONSIDER CONSOLIDATION
New systems must supply the state with a description of the alternatives considered (including consolidations or
interconnections with existing water systems) and the technical, managerial, financial and operational reasons for
the approach selected.
EMERGENCY RESPONSE
South Dakota's Water and Wastewater Agency Response Network (SDWARN), is a utility created mutual aid
agreement which water systems may sign in order to access and distribute staff, equipment and resources between
water systems in the event of an emergency. This tool can be used by member utilities in the event of a flood, ice
storm, blizzard, fire, or human-caused event.
HELPFUL LINKS TO STATE RESOURCES South Dakota Rural Water Systems
• Drinking Water Program:
http://denr.sd.gov/des/dw/clwhome.aspx
• DWSRF:
http://denr.sd.gov/dfta/wwf/dwsrf/dwsrfprogram.aspx
• Capacity Development:
http://denr.sd.gov/des/dw/capacity.aspx
• Operator Training:
http://denr.sd.gov/des/dw/exam.aspx
• Drinking Water Security:
http://denr.sd.gov/des/dw/dwsecuritv.aspx
Figure 9, SOUTH DAKOTA HAS 46 REGIONAL DRINKING
WATER SYSTEMS SERVING 42.7% OF CWS STATEWIDE
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
47
Ml irn n:i
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TENNESSEE
Tennessee Department of Environment and Conservation (TDEC)
Tennessee Utility Management Review Board
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
OPERATOR SHARING
Many systems share certified operators. Several regional and statewide "management" groups have
emerged in Tennessee, which offer their services to water systems that by themselves are not capable of
retaining certified operators, nor is it feasible for them to interconnect.
REGIONAL PLANNING
In conjunction with Drought Management planning (see Emergency Planning and Response below), Water
Resources Technical Advisory Committee (WRTAC) and TDEC partnered with the U.S. Army Corps of
Engineers and other regional planning experts to initiate a water resources planning pilot program in two
regions: North Central Tennessee and Southern Cumberland. The pilot study was conducted in order to
establish a statewide process for regional water supply planning process and to identify potential
interconnections.
STATE PRESCRIBED RESTRUCTURING OR CONSOLIDATION STUDIES
The Utility Management Review Board advises and assists financially distressed utility districts in the area of
utility management, and it has the authority to prescribe a user rate structure that will allow the utility to be
self-sufficient. In addition, the board must review the creation of a utility district, and the board may
undertake a study leading to the consolidation and regionalization of a utility district with another to achieve
compliance.
STRICT TMF REQUIREMENTS FOR NEW AND EXISTING SYSTEMS
Tennessee Rules [Rule 0400-45-01-.05 (9)] "require" systems to consider regionalization "insofar as
feasible." The Capacity Development Program reports that consolidations and partnerships are occurring as
a consequence of economic and managerial conditions that limit the capacity of small systems to operate
effectively. The environment for the creation of smaller, stand-alone water districts is unfavorable.
EMERGENCY PLANNING AND RESPONSE
! In response to an extreme drought that lasted two years, the WRTAC was created to develop a Drought
Management Plan to outline TDEC's role in facilitating coordination and emergency response to lessen the
impacts from drought. Communication and collaboration among water systems as well as physical
interconnects have mitigated the impacts from past droughts. CWSs are required to develop drought
management plans, which can be a companion to the regional water supply plan.
HELPFUL LINKS TO STATE RESOURCES
• Drinking Water Program:
http://www.tennessee.gov/environment/topic/wr-wq-d'
drinking-water
• Regional Water Supply Planning:
http://www.tennessee.gov/environment/article/wr-wq-
water-resources-regional-planning
• Operator Certification:
https://tn.gov/environment/article/wr-ftc-operator-
certification
• DWSRF:
http://www.tennessee.gov/environment/topic/wr-srf-
state-revolving-fund-program
Figure 10. NORTH CENTRAL AND SOUTH
CUMBERLAND REGIONS
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
48
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TEXAS
Texas Commission on Environmental Quality (TCEQ)
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
(D
(D
-------
UTAH
Utah Department of Environmental Quality
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
-------
VERMONT
State of Vermont Water Supply Division
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
DWSRF PRIORITIZATION OF CONSOLIDATION PROJECTS
The DWSRF program prioritizes projects that include water system restructuring, consolidation, or management
changes to water systems that will address human health issues and ensure compliance. The priority ranking scores
projects based on seven criteria, of which physical consolidation is the second. Projects that include the
consolidation or interconnection of two or more systems are eligible for up to 20 priority points. For scale, projects
that address acute health risks, such as microbiological contaminated sources, receive up to 120 points. The DWSRF
program also administers a Planning Loan Program, which offers funding and principal forgiveness for engineering
studies and plans, including for consolidation and system acquisition.
REGIONALIZATION
The Capacity Program is involved in assisting publicly-owned CWSs restructure through the formation of fire
districts. Fire districts are municipal entities with taxing and bonding authority which can provide services including
fire protection, water supply, and wastewater. A fire district is given authority to organize and operate by a Town's
Select Board or by State legislature. Once formed, the fire district is a sovereign entity in or among town boundaries
and establishes a prudential committee, by-laws, collection practices, etc. Fire districts are likely to receive more
favorable financing terms from the DWSRF program, including access to DWSRF set-aside programs and the ability
to adequately charge for water service without having to obtain Public Service Board approval.
HELPFUL LINKS TO STATE RESOURCES
• Drinking Water and Groundwater Protection Division: http://drinkingwater.vt.gov/
• Capacity Development: http://dec.vermont.gov/water/drinking-water/capacitv-dev
• Operator Certification: http://dec.vermont.gov/water/drinking-water/pwso
• Funding (including DWSRF): http://dec.vermont.gov/funding
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
51
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Virginia Resources Authority (VRA)
Virginia Department of Health (VDH) - Office of Drinking Water (ODW)
Virginia State Corporation Commission (SCC)
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
REQUIRING RESTRUCTURING FOR DWSRF FUNDING
The 2014 Capacity Development Report to the Governor stated that "all waterworks that qualify to receive
DWSRF funds are assessed by ODW staff to determine if the waterworks has sufficient TMF capacity." If the
PWS does not have sufficient TMF capacity, ODW works with the VRA to set "requirements for waterworks
restructuring as part of the funding process."
CAPACITY ASSESSMENTS
ODW staff assess TMF capacity during sanitary surveys. In Virginia, the number of PWSs that require a
licensed operator has decreased; "very small waterworks... are being eliminated through consolidation."
"ODW continues to encourage... small water systems with TMF deficiencies to connect to a service
authority or larger municipal... system when extend[ed] into surrounding rural areas."
STATE ORDERED RECEIVERSHIP
Both the VDH and SCC have receivership statutes. The State Corporation "Commission may, either upon
petition of two-thirds of the affected customers or upon petition of its staff or upon petition of the Board of
Health, appoint a receiver to operate a small water system... which is unable or unwilling to provide
adequate service to its customers." (Va. Code §56-265.13:6.1). The State Health "Commissioner may
petition the circuit court for... the appointment of a receiver... any time that the Commissioner finds that
the waterworks is unable or unwilling to provide adequate and safe service for any of the following
reasons:... the waterworks can no longer be depended on to furnish pure water... has inadequate capacity...
has failed to comply with an order... has abandoned the waterworks... or the Commissioner has issued an
emergency order because there is an imminent danger to the public health" (Va. Code §32.1-174.3).
STATE ORDERED INTERCONNECTION
Va. Code § 15.2-2146 authorizes localities to acquire waterworks "for the purpose of providing an adequate
water supply or of acquiring, maintaining or enlarging a waterworks... of any private of public service
corporation operating a waterworks system... However, any locality condemning property hereunder shall
furnish water... to the customers... of [that] water company." The SCC "may require a public utility to
transfer to another public utility... whenever the public health, welfare, or safety shall be found to so
require..." (VA Code § 56-249.1). The transferring public utility is compensated at a rate fixed by the SCC.
SYSTEM INITIATED INTERCONNECTIONS OR ACQUISITIONS
Code of Virginia makes it "unlawful for any public utility to construct, enlarge or acquire, by lease or
otherwise, any facilities for use in public utility service, except ordinary extensions or improvements in the
usual course of business, without first having obtained a certificate from the Commission that the public
convenience and necessity require the exercise of such right or privilege." (Va. Code § 56 - 265.2.A. 1). It is
the utility's responsibility to file for approval, '"public utility'... shall mean... every corporation (other than
municipality), company, individual or association of individuals or cooperative ... that... own, manage or
control any plant or equipment... for the conveyance of... water... to the public" (Va. Code § 56-232).
HELPFUL LINKS TO STATE RESOURCES
• Capacity Development Strategy: http://www.vdh.virginia.gov/drinking-water/capacity-development-
strategy/
• Information for Waterworks Operators: http://www.vdh.virginia.gov/drinking-water/information-for-
waterworks-operators/
• DWSRF: http://www.virginiaresources.org/drinkingwater.shtml
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
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WASHINGTON
Washington State Department of Health
-------
WEST VIRGINIA
West Virginia Department of Health & Human Resources
Public Service Commission of West Virginia
West Virginia Infrastructure and Jobs Development Council
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
®DWSRF & OTHER STATE FUND PRIORITIZATION OF CONSOLIDATION PROJECTS
The West Virginia Bureau of Public Health (BPH) assists PWSs in the development of partnerships by encouraging
consolidation or merger options through funding infrastructure improvement projects (e.g., DWSRF). All West
Virginia drinking water projects using any state agency funding, including DWSRF, are reviewed and approved by
the West Virginia Infrastructure and Jobs Development Council (IJDC). The IJDC approval process includes reviewing
all viable alternatives, including consolidation. Any project where consolidation is the most cost-effective
alternative is referred to the IJDC Consolidation Committee. The BPH and Public Service Commission (PSC) are
Consolidation Committee voting members. When the Consolidation Committee and IJDC determine consolidation is
the most viable, cost effective alternative, only this alternative will be approved for funding.
Partnerships at Every Level: A Case Study
The small community of Amonate straddles the border of Virginia and West Virginia. Its water system was built and
maintained by a coal company until the 1990s. The water quality was poor and the pressure was unreliable - people
usually hauled drinking water from a nearby creek. Another former coal community just a few miles away also strad-
dled the same border. Funding through multiple regional and state agencies helped both of these small systems be
taken over by utilities on both sides of the state line - the McDowell County Public Service District in West Virginia,
and the Tazewell County Public Service Authority in Virginia. Funding came from the West Virginia Infrastructure and
Jobs Development Council, the Virginia CDBG, and the Appalachian Regional Commission.
For more info on this project, visit:
http://www.arc.aov/maaazine/articles.asp7ARTICLE ID=135&F ISSUE ID=17&F CATEGORY ID=
HELPFUL LINKS TO STATE RESOURCES
• Infrastructure and Capacity Development Program: http://www.wvdhhr.org/oehs/eed/i%26cd/
• Drinking Water Treatment Revolving Fund: http://www.wvdhhr.org/oehs/eed/i%26cd/DWTRF.asp
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
54
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WISCONSIN
Wisconsin Department of Natural Resources
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
STATE FACILITATION OF INFORMAL PARTNERSHIPS
The DNR Capacity Development Program facilitates the establishment of "coalitions" of municipal and other PWS
owners and operators throughout the state. The intent of the coalitions is to create forums where owners and
operators can "discuss issues in an informal setting, network with other communities to share ideas and possibly
equipment, [and] receive information on the new regulations from the EPA and review their implications."
OPERATOR SHARING
The Wisconsin Operator Certification Program maintains a list of contract operator service providers in the state. To
find the list, go to the drinking water program website and search for Contract Operator.
HELPFUL LINKS TO STATE RESOURCES
• Drinking Water Program: http://dnr.wi.gov/topic/drinkingwater/
• Capacity Development: http://dnr.wi.gov/topic/DrinkingWater/CapacityDevelopment.html
• Operator Certification: http://dnr.wi.gov/regulations/opcert/
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
55
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WYOMING
Wyoming Department of Environmental Quality
Wyoming Public Service Commission
Wyoming Water Development Commission (WWDC)
U.S. EPA Region 8
STATE POLICIES AND PROGRAMS REGARDING WATER SYSTEM PARTNERSHIPS
(D
USING STATE FUNDS TO PROMOTE REGIONALIZATION
The WWDC funds regional water system projects and prioritizes projects that will provide service to regional areas
or connect multiple existing water systems. The WWDC Operating Criteria state that "Priority will be given to those
projects that may practically serve more than one entity or purpose and whose service area encompasses a larger,
more regional area." The WWDC utilizes income generated from non-renewable resource development to fund the
sustainable development of water resources. Some of the regional water systems that the commission has funded
are the Gillette Regional Pipeline Project, connecting the City of Gillette and Campbell County; the Bighorn Regional
Water Supply System, supplying water to multiple entities; and the Shoshone Municipal Water Supply District,
among others.
CAPACITY DEVELOPMENT ASSESSMENTS FOR NEW SYSTEMS
Wyoming's Water and Wastewater Program promotes and develops partnerships among multiple drinking water
systems to create regional systems. The Water and Wastewater Program requires all new or modified systems to
submit a Capacity Assessment which includes the following question in the Financial portion of the assessment:
"Does your long-term planning incorporate analysis of alternative strategies that might offer cost saving to
customers, such as consolidation with other nearby systems or sharing of operations and management expenses
with other nearby systems?"
STATE ORDERED COORDINATION BETWEEN SYSTEMS
Section 4 of the Wyoming Public Service Commission Rules (PWSCR) requires that utilities such as water systems
that interfere or may interfere with one another coordinate and take steps to eliminate the interference.
(Interference is not defined in the PWSCR.) If the interference is caused by a new system, the owner of the new
system must pay for the correction and mitigation of any interference (Wyoming Chapter II General Regulations
§4(f)).
HELPFUL LINKS TO STATE RESOURCES
• Wyoming Drinking Water Program: https://www.epa.gov/region8-waterops/about-us
• Wyoming Water Development Commission: http://wwdc.state.wy.us/agency info/agency info.html
• Operator Certification: http://deq.wvoming.gov/wqd/operator-certification/
• Capacity Development: http://deq.wvoming.gov/wqd/state-revolving-loan-fund/resources/5-capacitv-
development/
• Wyoming Public Service Commission Rules: http://psc.state.wy.us/pscdocs/AdoptedRules.html
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
56
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APPENDIX A: LINKS TO STATE RESOURCES
Drinking Water Page
DWSRF
Alabama
http://www.adem.state.al.us/programs/water/drinki
ngwater.cnt
http://www.adem.state.al.us/programs/water/srf.cn
t
Alaska
http://dec.alaska.sov/eh/dw/
http://dec.alaska.gov/water/MuniGrantsLoans/index
.htm
Arizona
http://www.azdea.gov/programs/water-aualitv-
http://www.azwifa.gov/loan-programs/Pdw
programs/safe-drinking-water
Arkansas
http://www.healthv.arkansas.gov/programsServices/
http://www.anrc.arkansas.gov/divisions/water-
environmentalHealth/Engineering/drinkingWater/Pa
resources-development
ges/default.aspx
California
http://www.waterboards.ca.gov/drinking water/cert
http://www.waterboards.ca.gov/drinking water/ser
lic/drinkingwater/publicwatersvstems.shtml
vices/funding/SRF.shtml#
Colorado
http://www.colorado.gov/cs/Satellite/CDPHE-
WQ/CBON/1251596875425
http://www.cwrpda.com/
Connecticut
http://www.ct.gov/dph/cwp/view.asp?a=3139&a=38
www.ct.gov/dph/dwsrf
7304&dphNav GID=1824&dphPNavCtr= l#47062
Delaware
http://www.dhss.delaware.g0v/dhss/dph/hsp/0dw.h
tml
http://www.dhss.delaware.gov/dph/hsp/dwsrf.html
Florida
http://www.dep.state.fl.us/water/drinkingwater/
http://www.dep.state.fl.us/water/wff/dwsrf/index.ht
m
Georgia
http://epd.georgia.gov/drinking-water
http://gefa.georgia.gov/drinking-water-state-
revolving-fund
Hawaii
http://health.hawaii.gov/sdwb/
http://health.hawaii.gov/sdwb/drinking-water-state-
revolving-fund/
Idaho
http://www.dea.idaho.gov/water-aualitv/drinking-
http://www.dea.idaho.gov/water-aualitv/grants-
water/
loans/water-svstem-construction-loans.aspx
Illinois
http://www.epa.state.il.us/water/index-pws.html
http://www.epa.illinois.gov/topics/grants-
loans/state-revolving-fund/index
Indiana
http://in.gov/idem/cleanwater/2381.htm
http ://www. i n .gov/ifa/srf/
Iowa
http://www.iowadnr.gov/lnsideDNR/RegulatorvWate
http://www.iowasrf.com/program/drinking water 1
r/DrinkingWaterCompliance.aspx
oan program/
Kansas
http://www.kdheks.gov/water/
http://www.kdheks.gov/muni/index.htm
Kentucky
http://water.kv.gov/drinkingwater/Pages/default.asp
http://water.kv.gov/Funding/Pages/DrinkingWaterSt
X
ateRevolvingFund.aspx
Louisiana
http://new.dhh.louisiana.gov/index.cfm/page/963
http://new.dhh.louisiana.gOv/index.cfm/page/431/n
/285
Maine
http://www.maine.gov/dhhs/mecdc/environmental-
http://www.maine.gov/dhhs/mecdc/environmental-
health/water/index.htm
health/dwp/partners/srf.shtml
Maryland
http://mde.marvland.gov/programs/Water/water su
http://mde.marvland.gov/programs/water/WQFA/Pa
pplv/Pages/index.aspx
ges/mission statement.aspx
Massachusetts
http://www.mass.gov/eea/agencies/massdep/water/
http://www.mass.gov/eea/agencies/massdep/water/
drinking/
grants/drinking-water-state-revolving-fund.html
Michigan
http://www.michigan.g0v/dea/0,1607,7-135-
http://www. michigan. gov/dea/1.1607,7-135-
3313 3675—,00.html
3307 3515 3517—,00.html
Minnesota
http://www.health.state.mn.us/divs/eh/water/
http://www.health.state.mn.us/divs/eh/water/dwrf/
index.html
Mississippi
http://msdh.ms.gov/msdhsite/ static/30,0,76.html
http://msdh.ms.gov/msdhsite/ static/44,0,127.html
Missouri
https://dnr.mo.gov/env/wpp/dw-index.html
http://www.dnr.mo.gov/env/wpp/srf/index.html
Montana
http://dea.mt.gov/Water/PWSUB
http://dea.mt.gov/Water/TFA/srf/dwsrf
Nebraska
http://dhhs.ne.gov/publichealth/Pages/enh pwsinde
http://dea.ne.gov/NDEQProg.nsf/OnWeb/DWSRLF
x.aspx
Nevada
https://ndep.nv.gov/water/drinking-water
https://ndep.nv.gov/water/financing-
infrastructure/state-revolving-fund-loans
New Hampshire
http://des.nh.gov/organization/divisions/water/dwg
https://www.des.nh.gov/organization/divisions/wate
b/index.htm
r/dwgb/capacity/dwsrf.htm
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
57
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Drinking Water Page
DWSRF
New Mexico
http://www.nmenv.state.nm.us/dwb/lndex.htm
http://www.nmenv.state.nm.us/dwb/loan fund/Ind
ex.htm
New York
http://www.health.nv.gov/environmental/water/drin
king/
https://www.efc. nv.gov/Default.aspx?tabid=83
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
https://www.efc.nv.gov/Default.aspx?tabid=83
https://www.ndhealth.gov/mf/dw.html
http://epa.ohio.gov/ddagw/pws.aspx
http://www.owrb.ok.gov/supply/ocwp/ocwp.php
http://public.health.oregon.gov/HealthvEnvironment
s/DrinkingWater/Pages/index.aspx
http://www.dep.pa.gov/Business/Water/BureauSafe
DrinkingWater/Pages/default.aspx
http://health.ri.gov/programs/detail.phpPpgm id=12
6L
http://www.scdhec.gov/HomeAndEnvironment/Your
HomeEnvironmentalandSafetvConcerns/DrinkingWat
erConcerns/
http://portal.ncdenr.org/web/wi/dwsrf
https://www.ndhealth.gov/MF/dwsrf.html
http://epa.ohio.gov/ddagw/financialassistance.aspx
http://www.deq.state.ok.us/wqdnew/dwsrf/
http://public.health.oregon.gov/HealthvEnvironment
s/DrinkingWater/SRF/Pages/index.aspx
http://www.pennvest.pa.gov/lnformation/Funding-
Programs/Pages/Drinking-Water-State-Revolving-
Fund.aspx
http://www.health.ri.gov/programs/drinkingwaterst
aterevolvingloanfund/
http://www.scdhec.gov/HomeandEnvironment/Busi
nessesandCommunities-
GoGreen/EnvironmentalGrantsandLoans/StateRevolv
Wyoming
South Dakota
http://denr.sd.gov/des/dw/dwhome.aspx
http://denr.sd.gov/dfta/wwf/dwsrf/dwsrfprogram.as
fiX
Tennessee
http://www.tennessee.gov/environment/topic/wr-
http://www.tennessee.gov/environment/topic/wr-
wq-dw-drin king-water
srf-state-revolving-fund-program
Texas
https://www.tceq.texas.gov/drinkingwater
https://www.twdb.texas.gov/financial/programs/DW
SRF/
Utah
http://www.drinkingwater.utah.gov/
https://deq.utah.gov/FeesGrants/funds/drinkingwat
er/state srf.htm
Vermont
http://drinkingwater.vt.gov/
http://dec.vermont.gov/funding
Virginia
http://www.vdh.virginia.gov/drinking-water/
http://www.virginiaresources.org/drinkingwater.sht
ml
Washington
http://www.doh.wa.gov/CommunitvandEnvironment
http://www.doh.wa.gov/CommunitvandEnvironment
/DrinkingWater.aspx
/DrinkingWater/WaterSvstemAssistance/DrinkingWa
terStateRevolvingFundDWSRF.aspx
West Virginia
http://www.dep.wv.gov/wwe/Pages/default.aspx
http://www.wvdhhr.Org/oehs/eed/i%26cd/DWTRF.a
S£
Wisconsin
http://dnr.wi.gov/topic/drinkingwater/
http://dnr.wi.gov/aid/eif.html
https://www.epa.gov/region8-waterops/about-us
http://deq.wvoming.gov/wqd/state-revolving-loan-
fund/resources/3-drinking-water-state-revolving-
fund/
Note: URLs were valid as of August 2017
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
58
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APPENDIX B: LISTING OF COMMON STATE PROGRAMS TO ENCOURAGE WATER SYSTEM PARTNERSHIPS
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Consolidating Systems priori-
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X
X
X
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X
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X
X
X
X
X
X
X
X
X
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X
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X
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X
X
X
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State loan funds or incentive
programs exist for consoli-
dating systems
X
X
X
X
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Capacity development pro-
gram identifies and facili-
tates partnerships
X
X
X
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X
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State allows contract opera-
tor/ operator sharing
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
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Regional planning incorpo-
rates water supply planning
X
X
X
X
X
X
X
X
X
X
X
X
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State does not allow small
system variances if consoli-
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feasible
X
X
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State can appoint a receiver
X
X
X
X
X
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X
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State requires new systems
to consider interconnection XXXXXXXX X X XX XX
to existing systems
Water and Wastewater
Emergency Mutual Aid
Agreement exists
X
X
X
X
X
X
X
X
X
X
X
WATER SYSTEM PARTNERSHIPS: A COMPENDIUM OF STATE PROGRAMS, STATUTES, AND POLICIES
59
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