(A)
In order to demonstrate adequate managerial capacity, personnel commitments
that are needed to provide for effective management, operation and financials
of
the
community and
nontransient noncommunity public water
system
systems shall
be proven with documentation. The asset management program shall include, but
is not limited to, the following:
(1)
Demonstration of ownership accountability, which includes the legal authority
to take the measures necessary for construction, operation, and maintenance of
the system, including maintaining staffing skills, resources, and prioritizing
continuous improvements of the water system.
(2) Demonstration that the owner has
committed to proper operation and management of the public water system in
accordance with agency 3745 of the Administrative Code, as
applicable.
(3) Demonstration to
ensure continued, proper operation of the public water system through
succession planning, such as having a continuity plan in place for critical
personnel.
(4) The
following information from the owner or operator
of the public water system
shall include at least
the following information in the asset management program:
(a) A brief,
non-technical description of the water system, including major
components, source type, number of service connections, and number and type of
customers.
(b) An operating plan
defining the tasks to be performed in managing and operating the public water
system, which
shall consist
consists
of at least the following:
(i) A high-level
table of organization that identifies critical personnel including the
operator, manager and supervisor responsible for operations, maintenance,
treatment, and distribution. The table shall include clearly defined job
classifications/titles and the individuals within those job
classifications/titles. The table shall
and include differentiation between a property
owner and business owner or lessee, if applicable.
(ii)
If cited with
significant deficiencies, the
The
director may require fiscal and managerial training for water systems governing
bodies and responsible management, and documentation of governing bodies and
employees attending appropriate water system fiscal and management
training.
(iii) An operation and
maintenance program as described in paragraph (B)(4) of this rule.
(c) Demonstration of the owner's
ability to address violations of applicable portions of the Revised Code and
the Administrative Code. The demonstration shall
include
, that includes an explanation of
how the water system will establish and maintain effective communications and
relationships between the water systems management, its customers, professional
service providers and any applicable regulatory agencies.
(d) An inventory of external contacts and
resources necessary for proper operation of the system, including a description
of how the contacts and resources will be effectively utilized.
(e) Description of internal contracting and
purchasing procedures to accomplish routine and emergency repairs and
replacements.
(f) Supporting documentation on the
following, if applicable:
(i) Security.
(ii) Use of system
equipment.
(iii) Billing practices and revenue
collections.
(iv) Purchasing
authority.
(B) In order to demonstrate adequate
technical capacity, the asset management program shall include, but is not
limited to, the following:
(1) Schematic of
water source, treatment, storage and distribution system.
(2) Inventory of assets, including the
following:
(a) Asset name.
(b) Known purchase or installation date, or
estimated age of asset if different.
(c) Status of asset (e.g. in use, available
for use, needs repaired, etc.) as identified by the water system.
(d) Locations of assets, including up-to-date
maps.
(3) Evaluation of
assets, including the following:
(a) Condition
(e.g. excellent, good, fair, poor, needs replacement).
(b) History of maintenance and
repair.
(c) Estimated remaining
useful life based upon condition and performance
(d) A prioritization of assets based on
criticality and condition assessment.
(4) Operation and maintenance programs.
(a) Standard operating procedures for daily
operation of the facility and use of system
equipment.
(b) Maintenance
schedules or supporting documentation of the maintenance performed for each of
the following as applicable:
(i) Wells, all
raw-water reservoirs and intakes.
(ii) Pump stations.
(iii) Electrical equipment
and
,
controls, and auxiliary power.
(iv) Water treatment facilities.
(v) Water storage tanks and/or
hydropneumatic tanks.
(vi)(v) Distribution
system components, including
tanks, hydrants and
valves.
(vii) Auxiliary
power.
(c) Demonstration of an adequate maintenance
log.
(5) Emergency
preparedness and contingency planning program.
(a) Community public water systems shall
prepare a written contingency plan meeting the requirements of Chapter 3745-85
of the Administrative Code.
(b)
Non-community
Nontransient noncommunity public water systems shall
prepare a written contingency plan in accordance
with paragraphs (B), (C)(1), (C)(2), (C)(4), (D)(3), (D)(4)(c), (D)(4)(d),
(D)(4)(e), (D)(4) (g), (D)(4)(h), (D)(4)(i), (D)(4)(j), (D)(12), (D)(13),
(D)(14), (G)(1) and (G)(2) of rule 3745-85-01 of the Administrative
Code
complete the approved, most-current, asset
management program template to comply with contingency planning requirements.
Nontransient noncommunity public water systems may create an asset management
program using an alternative format, provided the format includes no less than
the required information in the agency's asset management program
template.
(6)
Source water
assessment and protection
plan review.
(a)
The
Community and
nontransient noncommunity public water
system
systems shall
review the source water assessment
report
annually
and every five years shall evaluate the
assessment to determine if revisions are necessary.
If revisions are deemed necessary, the public water
system shall submit the proposed revisions to the agency.
If revisions are deemed necessary,
the public water system shall request, in writing, a consultation with Ohio EPA
on any suggested revisions. If Ohio EPA determines that re-assessment is
necessary, the re-assessment shall be conducted by Ohio EPA or under guidance
provided by Ohio EPA.
(b) Community and
non-transient non-community
nontransient noncommunity public water systems
that have
with
an endorsed drinking water source protection plan
, shall review the protection plan
as
in accordance
with the review frequency stated in the plan and revise the plan as
necessary.
If there is no specified review schedule in
the protection plan, the system shall review the plan no less than every three
years and revise as necessary.
(c) Community and non-transient
non-community public water systems that have an endorsed drinking water source
protection plan that does not include a review schedule, shall review the
protection plan every three years and revise it as necessary.
(d)(c)
Public
Community and
nontransient noncommunity public water systems that have
with a
drinking water source protection plan checklist
that has been submitted and accepted by
Ohio EPA, the water system
the agency shall review and update the checklist every
five years.
(e)(d) A revised drinking
water source protection plan or checklist shall be submitted to
Ohio EPA
the
agency within sixty days of making the revisions.
(7) Approved capacity projections, including.
(a) Written approved capacities of small
public water systems using only ground water (such as factories, mobile home
parks, office buildings, restaurants, condominiums, and the like) will be
established in accordance with Ohio EPA's "Guidelines for Design of Small
Public Water Systems." Written approved capacity projections for all other
water systems shall meet the requirements of Ohio EPA's "Planning and Design
Criteria for Establishing Approved Capacity for:
1) Surface Water And Ground Water Supply
Sources,
2) Drinking Water
Treatment Plants (WTPs), and
3)
Source/WTP Systems."
(b)
Identification of infrastructure needed to meet written approved capacity
projections.
(8)
Criteria and timelines for infrastructure rehabilitation and replacement.
(a) Identification of, and a schedule for
needed repair, rehabilitation, replacement and expansion of existing assets and
prioritized to address the most critical needs.
(b) Identification of funds that will be
collected or set aside for repair, rehabilitation, replacement or expansion of
existing assets.
(9)
Capital improvement plan (CIP).
(a) A CIP
shall include annual projections for a three to five-year planning period with
detailed expenditures in each of those time frames.
(b) The projects should be listed by the year
in which they are planned and include, at a minimum, the following information:
(i) Description
of
and reasoning for
the project.
(ii) Need for, and benefits of, the
project.
(iii)(ii) Estimate of
project cost, including engineering design and construction.
(iv)(iii)
Funding sources.
(c) A
description and estimated cost of significant projected projects for the next five to twenty
years.
(C) In
order to demonstrate adequate financial capacity,
community and nontransient noncommunity water systems
shall include a long-term funding strategy to support asset management plan
implementation, including, but not limited to, the identification of sources
and amounts of funds to finance the needed repair, rehabilitation, replacement
or expansion of assets, including debt service.
(1) New publicly owned public water systems
shall include a
five year
five-year pro forma statement of the next five years
of operation, which includes the following:
(a) An income statement, balance sheet, and
statement of cash flow pertaining to the water operating fund.
(b) An amortization schedule of all water
system debt including terms of all outstanding debt.
(c) Capitalization terms of
long term
long-term debt anticipated to be incurred in the next
five years of operation.
(d) The
current water rate ordinance in effect including any planned periodic increases
of the rate, as applicable.
(e)
Documentation of triennial
that water rate evaluation,
as applicable
evaluations are adequate for CIP
to be developed as required by paragraph (B)(9) of this rule and conducted at a
minimum every five years.
(f)
Documentation of all customers being billed for water usage, as
applicable.
(g) Any existing
information demonstrating bond or credit rating.
(2) Existing publicly-owned public water
systems shall include all of the following:
(a) All the items listed in paragraph (C)(1)
of this rule.
(b) The most recent
five years of annual financial reports, as required by section
117.38 of the Revised Code, or
substantively equivalent documents which describe the performance of the owner
and the water system.
(3) New non-publicly owned public water
systems shall include all of the following:
(a) A demonstration of the cost of the water
treatment components and the conveyance system including capitalization terms
or lump sum debt retirement option if selected.
(b) A demonstration of an adequate budget and
revenue sources to support the annual operation and maintenance costs of the
system for the next five years of operation including the following:
(i) Cost of required level certified operator
coverage.
(ii) Capitalization terms
of anticipated long-term debt incurred in the next five years of
operation.
(4) Existing non-publicly owned public water
systems shall include all of the following:
(a) All the items shown in paragraph (C)(1)
of this rule.
(b) Type of business
organization and historical origination date; including the legal document
establishing the corporate structure.
(c) The most recent five years of annual
financial statement documentation which describe all assets, liabilities,
income, expenditures, balances and equity of the water system.
[Comment: "Guidelines for Design of
Small Public Water Systems (2015)" can be found at
http://epa.ohio.gov/ddagw/Engineering#176079933-standards-policies-guidance-and-white-papers
and "Planning and Design Criteria for Establishing Approved Capacity for: 1)
Surface Water And Ground Water Supply Sources, 2) Drinking Water Treatment
Plants (WTPs), and 3) Source/WTP Systems (March 2010)" can be found at
http://epa.ohio.gov/ddagw/Engineering#176079935-approved-capacity
All referenced materials can be found in rule
3745-87-01 of the Administrative
Code.]