HomeMy WebLinkAboutC2007-198 - 5/21/2007 - NA2007 MEMORANDUM AND SETTLEMENT AGREEMENT
In compromise and settlement of any existing disputes relating to the proposed amendment and
renewal of the Diamond Shamrock Refining Ca., L.P. (Diamond Shamrock) Three Rivers
Refinery TPDES Pennit No. 01353, the Cities of Corpus Christi and Three Rivers (Cities}, the
Nueces River Authority (NRA), and Diamond Shamrock, {collectively, the Parties), agree as
follows (the "2007 Agreement):
1. Diamond Shamrock agrees to request that the Texas Commissian on Environmental
Quality (TCEQ) include in final TPDES Permit No. 41353 a total dissolved solids (TDS)
daily average load limit of 23,400 pounds per day (lbslday) at Outfall 001 instead of the
daily average load of 26,5041bs/day requested in the propased permit.
2. Diamond Shamrock agrees to request that the TCEQ add a provision to the "OtY~er
Requirements" sectian of final TPDES Permit No. 01353 the following provision:
10. The permittee shall sam~le Outfall 002 under the following conditions: (1)
Once during every caiendar quarter that a discharge event occurs via Outfalt 002
and (2) During any discharge event at Outfall 002 following any overtopping of
containment arcas for the following canstituents: Benzene, Toluene,
Ethylbenzene, Xylene {BTEX); Chrornium, Total; Chromium, Hexavalent;
Mercury, Total; Zinc, Total; Copper Total; Selenium, Total; and Silver, Total.
The monitoring results shall be reported to the TCEQ, Applications Review and
Processing Team {MC-148) and Industrial Per~nits Team of the Water Quality
Division by the 25th day of the month following the end of each calendar quarter.
This monitoring requirement automatically expires one day prior to the expiration
date indicated on pa$e one of this permit.
Diamond Shamrock further agrees pursuant to this 2047 Agreement to continue to sample
Outfall 002 at the freqt~ency and for the constituents set out abo~e in ~roposed "Other
Requirement No. 10" during the period from the expiration date of the p~rmit that is the
subject of this praceeding until the end of any period that ~he permit is administrative~y
continued {Administrative Continuance Period). During any Adrninistrative Continuance
Period, Diamond Shamrock agrees to provide analytical results to the Cities and to the
NR.A quarterly by E-mail or Telecopy at the addresses and Fax numbers set out below by
the 25th day of the rnonth following the end of the calendar quarter. Subject ta the Texas
Public Information Act, sampling and iaboratory results obtained during the
Administrative Continuance Period are confidential and are not to be distributed outside
of the Parties to this 2007 Agreement. '
3. Diamond Shamrock agrees to provide to the Cities and to the NRA, concurrent with
notice to the LEPC, TERC, and NRC, notice of any spilts caused by Dianond Shamrock
which impact the Frio or Nueces Rivers. Diamond Shamrock further agrees to provide
notice to the Cities and to ~he NRA, as soon as practicable but not Iater than 24 hours
2047~198
~5/21/07
Diamoud Shamrock Refining Co.
from the time of discovery, natice of any spills caused by Diamond Shaanrock which
have ~he potential to impact the Frio or Nueces Rivers.
4. Diamond Shamrock agrees not to dischar~e any effluent from Outfall 001 during any
period of backflow in the Frio River between Outfall 001 and the City of 'Three Rivers'
municipai river water intake.
5. Diamond Shamrock hereby submits, and agrees, that barring unforeseen circumstances,
its in~ent, purpose, and desire is to dispose of its treated process wastewater to the
gr~atest extent practical cansistent with irrigation authorizations and requirements in final
TPDES Fermi~ No. 01353 via the refinery's irrigation site and/or its deep well injection
system, in preference to river discharge. It is not the intent, purpose, or desire of
Diamond Shamrock, again barring unforeseen circumstances, to utilize river discharge as
its primary method of managing its treated wastewater effluent.
6. The Cities and NRA agree not to submit comments or cantest or to participate directly or
indirectly in any contest af the current Diamond Shamrack TPDES permit proceeding to
amend and renew TPDES Permit No. 01353. Diamond Shamrock agrees to continue
c~iscussions with the Cities and NRA as desired by those parties, and to work proactively
taward resolution of any concerns related to the operation of the Diamond Shamrock
Three Rivers Refinery.
7. The Parties agree not to release, distribute or otherwise publish this Agreement except to
the extent required by law.
8. This Agreement shall inure ta the benefit of Diamond Shamrock, the Cities and the NRA
and shall be binding upon Diamond Shamrock, the Cities and the NRA and their
respective successors and assigns.
9. This Agreerrient constitutes the entire agreement between Diamand Shamrock, the Cities
and the NRA and supersedes and replaces a11 previous agreements, promises,
representations, utiderstandings and negotiations whether written or oral, including the
Memarandum and Settlement Agreement executed by the Parties in May 2004.
10. This settlement agreement may be executed in multiple originals which, taken together,
shall constitute only one legal snstrument.
ALi501:463201.4 ~
For Diamond Shamrock Ref ni~g Co.,
L,P. iree Riv s Refi ery•
Printed Name: ~a~~~~~g`
`r~t~~:V,~~Pa~.g~d~+~.G~~ a~,a.q~~a.
Date; ~ S~i//6 ~
E-mai~: ~~,~,~, ~s~~,} e va ~e.~.a . egan
Fax: 3~1- 7.~~,,-.83s~~_
For the City of Corpus Christi:
Printed Name: (_'~te~e. K ~ia ~
Title: C.:~~ VYlavu~c~r ~
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Date: _~, e~ ~ `~1
E-mail: ~~, c~~~e.vt ~_ CC~- ~l~. ~ . r.,~rtir~
Fax: _~3~,~) ~3.b - '~S~ ~~I'
Rppraved as to f~rm: ~`~
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Gs?~ W.~3(r-i~h
Assistant Cit~r Attorney
For Clty Attorney
Far the City of Three Rivers:
Printed Name:
Title:
Date:
E-Mai~:
Fax:
For the Naeces River Authority:
Printed Name:
Title:
Date:
E-mail:
Fax:
AUSO l :463201.4 3
For Diamond Shamrock Refning Co.,
L.P. T Rivers efine :
Printed Name: '
Title: .y;,e~a~~' ~;~~~ ~ M~
Date: p -S~ /r~/~ 7
E-mail: ~~~wrr'~ht~f v~t~,.c.o~,-.
Fax:
F~~, fh~ ~~ty of Cor~u~ C:hmiszi:
Printed Name:
Title:
Date;
E-mait:
Fax:
For t~e Cily of Three Rivers:
~
~finted Name:
Title: ___~}'I q ~I D r' ,_
Date: . __51,~3~b rl
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E-Mail:
Faat: - - 3 ~
For the Nueces River Aut[~ority:
Printed Name:
Title:
Date:
E-mail:
Fax:
A USO f:46320 I.A 3
For Diamond Shamrack Refining Co.,
L.P. Thr ivers Ref ery:
Printed Name: I-1,~a~.~ W,~~~.f-.IQ,.
Title: 1 ~~.
Date: d~ // ~° 7...-
E-mail: ~,a~.v. wr,aJ~~RJaI~ .c.o,r~..,
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For the City of Corpus Christi:
Printed Name:
Title:
Date:
E-mail:
Fax:
For the City of Three Rivers:
Printed Name:
Title:
Date:
E-Mail:
Fax:
For th ueces iver Authority:
t
Printed Name: ~l~~r»S _
Title: ~t~.r~ 77 v~ f~~ rc c.'~'ar`
Date: -~1~0
E-mail: -~urr- ~6ut - 4 . ora~
Fax: _ 8.~'j- 278- 20Z~
AUSD1:A63201.4 ~