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Home My WebLink AboutC2008-173 - 2/25/2008 - NA Buddy Garcia, Chairman ~.,~ ~ ~ Larry R. Soward, Commissioner '~ ~ ~ ~~'', ` Bryan W. Shaw, Ph.D., Commissioner '_' "' Glenn 5hankle, Executive Director ~~ TEXAS COMMISSION ON ENVIRQNMENTAL Q~ALrI'~`Y"`'' "~'~-~~' ~ O~FIf`~' Protecting Texas by Reducing and Preventing Pollution /' .,nV April 11, 200$ CERTIFIED MAIL The Honorable Henry Garrett, Mayor tQC~r~e K. Noe. (~itv ?~laE~a4~er City of Corpus Chc'isti P.O. Box 9277 Corpus Christi, Texas 78469-9277 ` ~ z. . ~1:.~ ~~']~ ,'~ R~'l,'~~~ri r, ~]ff~('.~ ~tf (v?t~ , r,- .. ~~ , ; ~,, ,~ . ;,. RL: City of Corpus Christi TCEQ Docket Ivo. 2007-1409-MLM-E: Registration No. 1780003 Agreed Qrder Assessing Administrative Penalties and Requiring Certain Actions Enclosed is a copy of an order issued 6y the Commission. Questions regarding the order should be directed to the Enforcement Coordinator or the Staff Attorney. If there are questions pertaining to the mailing of the order, then please contact Leslie Gann of the Texas Commission on Environmental Quality's (~ffic;e of the Chief Clerk (MC 105) at (512) 239-3319. ~ Sincerely, ~ ~ ~/"b LaDonna Castanuela Chief Clerk LDC/lg Enclosure cc: Epifanio Villareal, Enforceuieut Coordinator, TCEQ Enforcement Division (MC R-13) Melissa Keller, SEP Coordinator, TCEQ Enforcement Division {MC 219) l~ , . r l - -- r - r (,J~1~ 2008-173 Ozi2sros ~i I n~v~ rn ~~ M TCEQ 'texas 78711-30 7 • 512-239-1 00 • Internet address: www.tcegstate.tx.us - .. .. _. , .... va , r AJ., ~ ~ ~n-ed nAr tecleJ giaper using so}'-bascJ ink TEXAS COMMISSION ON ENVIRONMENTAL QUALITY w ~ c~ Y ~ ~ 7FiE STATE Ol= Tl)(A5 ~1:7~,1N'~ ~F T'~tRVI~ 1 hereby eeriify trr¢t Thin I~ ~ krts~ atf~! garro Texas Comn~iss3an an ~m,ircnrr~~n[al Qs~ality dncume~' which'ss filed ire tha pesmanenl records of the CommiSS(0~1, Given un er my band and the seal of office on ~U a ~ ~ ~ !-a.. onna.~ra,~!~?r~l~Law~l~€fSsl~~,.,.,. ,. Texas Commisssor+on Fnv~scnmprdal73r~alrf4 IN THE MATTER OF AN § BEFORE THE ENFORCEMENT ACTION § CONCERNING § TEXAS COMMISSION ON CITY OF CORPUS CHRISTI § RN101385151 § ENVIRONMENTAL QUALITY AGREED ORDER DOCKET N0.2007-1409-MLM-E At its APR 0 2 2008 agenda, the Texas Commission on Environmental Quality ("the Commission" or "TCEQ") considered this agreement of the parties, resolving an enforcement action regarding the City of Corpus Christi ("the City") under the authority of TEx. HEAt,'rx & S~'ETY CODE ch. 341 and TEx WA1'Elt CODE chs. 7 and 26. The Executive Director of the TCEQ, through the Enforcement Division, and the City presented this agreement to the Commission. The City understands that it has certain procedural rights at certain points in the enforcement process, including, but not limited to, the right to formal notice of violations, notice of an evidentiary hearing, the right to an evidentiary hearing, and a right to appeal. By entering into this Agreed Order, the City agrees to waive alI notice and procedural rights. It is further understood and agreed that this Order represents the complete and fully-integrated settlement of the parties. The provisions of this Agreed Order are deemed severable and, if a court of competent jurisdiction or other appropriate authority deems any provision of this Agreed Order unenforceable, the remaining provisions shall be valid and enforceable. The duties and responsibilities imposed by this Agreed Order are binding upon the City. The Commission makes the following Findings of Fact and Conclusions of Law: I. FINDINGS OF FACT i. The City owns and operates a public water supply at 13101 Leopard Street in Corpus Christi, Nueces County, Texas (the "Facility") that has approximately 108,327 service connections and serves at least 25 people per day for at Least 60 days per year. City of Corpus Christi DOCKET N0.2007-1409-MLM-E Page 3 10. During an investigation conducted on August 9 through August 16, 2007, TCEQ staff documented that the City exceeded the acute maximum contaminant level ("MCL") for fecal coliform bacteria on August 12, 2007. Specifically, on August 9, 2007 a routine bacteriological sample collected at i 381 S Lafitte tested positive for fecal coliform. On August 10, 2007, a repeat sample collected at 13814 Lafitte tested positive for fecal colifarm which the City's lab analyzed on August 12, 2007. 11. During an investigation conducted on August 9 through August 16, 2007, TCEQ staff documented that the City did not issue a boil water notice within 24 hours after notification of an acute MCL violation. Specifically, on August 12, 2007 at approximately 9:35 a.m. the City was notified that repeat samples collected on August 10, 2007 tested positive for fecal coliform. Therefore, the City was required to issue a boil water notice for committing an acute MCL violation no later than 9:35 a.m. on August 13, 2007. 12. During an investigation conducted on July 19 through August 16, 2007, TCEQ staff documented that the City did not obtain all samples used to determine compliance at sampling sites designated in the monitoring plan. Specifically, at the time of the investigation, it was noted that the City collected samples for chlorine residual monitoring on Monday through Friday; however, it was noted that the City's continuous on-line disinfectant residual analyzers located throughout the distribution system were relied upon for disinfectant residual monitoring on Saturday and Sunday. The monitoring for Saturday and Sunday were not included in the rnanitoring plan. 13. During an investigation conducted on July 19 through August 16, 2007, TCEQ staff documented that the City did not provide an air gap or an acceptable bacl~low prevention device for the make- up water supply line to the chlorinator at the Sand Dollar pump station. 14. During an investigation conducted on July 19 through August 16, 2007, TCEQ staff documented that the City did not operate the system to maintain a minimum pressure of 35 pounds per square inch ("psi") throughout the distribution system under normal operating conditions and a minimum pressure of 20 psi during emergencies such as fire fighting. Specifically, on July 23, 2007, pressure readings of 22 psi and 30 psi were recorded at 3745 Waldron and 3442 Laguna Shores. On July 24, 2007, pressure readings of 18 psi and 19 psi were recorded at 501 Naval Air Station Drive and 501 Jane Street. 15. During an investigation conducted on July 19 through August 16, 2007, TCEQ staff documented that the City did not prevent an unauthorized discharge of filtered backwash from the surface water treatment plant. Specifically, at the time of the investigation, a broken or malfunctioning valve on the on-site backwash pond resulted in an unauthorized discharge of filtered backwash water from the water treatment process into an open ditch which eventually discharges into Nueces River. 16. The City received notice of the violations on or about August 31, 2007. 17. The Executive Director recognizes that .the City has implemented. the fallowing corrective measures at the Facility: City of Corpus Christi DOCKET N0.2007-1409-MLM-E Page 5 6. As evidenced by Findings of Fact No. 7, the City failed to equip the ground storage tank with a water level indicator, in violation of 30 TEX. ADMIN. CODE § 290.43(c)(4). 7. As evidenced by Findings of Fact No. 8, the City failed to ensure the ground storage tank's inlet and outlet connections are properly located so as to prevent short-circuiting or the stagnation of water, in violation of 30 TEx. ADMIN. CODE § 290.43(c}($). As evidenced by Findings of Fact No. 9, the City failed to maintain all treatment units, storage and pressure maintenance facilities, distribution system lines and related appurtenances in a watertight condition, in violation of 30 TEX. ADMIN. CODE § 290.46(m)(4). As evidenced by Findings of Fact No. 10, the City exceeded the acute MCL fur fecal coliform bacteria for the month in August 2007, in violation of 30 TEx. ADMIN. CODE § 290.109(f)(1)(A) and TEx. HEAI.Tx & SAFETY CODE § 341.0315{c). 10. As evidenced by Findings of Fact No. 11, the City failed to issue a boil water notice within 24 hours after notification of an acute MCL, in violation of 30 TEX. ADMIN. CODE § 290.46(c~(1} and 290.122(a)(2)(A). 11. As evidenced by Findings of Fact No. 12, the City failed to obtain all samples used to deterniine compliance at sampling sites designated in the monitoring plan, in violation of 30 TEx. ADMIN. CODE § 290.110(#}(1}. 12. As evidenced by Findings of Fact No. 13, the City failed to provide an air gap or an acceptable backflow prevention device for the make-up water supply line to the chlorinator at the Sand Dollar pump station, in violation of 30 TEx. ADMIN. CODE § 290.42{d)(2)(C}. 13. As evidenced by Findings of Fact No. 14, the City failed to operate the system to maintain a minimum pressure of 35 psi throughout the distribution system under normal operating conditions and a minimum pressure of 20 psi during emergencies such as fire fighting, in violation of 30 TEx. ADMIN. CODE § 290.46(r). 14. As evidenced by Findings of Fact No. 15, the City failed to prevent an unauthorized discharge of fltered backwash wastewater from the surface water treatment plant, in violation of TEX. WATER CODE § 26.121. 15. Pursuant to TEx. HEALTx & SAFETY CODE § 341.049 and TEx WATER CODE § 7.051, the Commission has the authority to assess an administrative penalty against the City for violations of the Texas Water Code and the Texas Health and Safety Code within the Commission's jurisdiction; for violations of rules adopted under such statutes; or for violations of orders or permits issued under such statutes. 16. An administrative penalty in the amount of Eleven Thousand Seventy-Six Dollars ($11,076) is justified by the facts recited in this Agreed Order, and considered in light of the factors set forth in TEx. HEALTH & SAFETY CODE § 34 i .049(b). Eleven Thousand Seventy-Six Dollars ($11,076) shall be conditionally offset by the City's completion of a Supplemental Environmental Project. City of Corpus Christi DOCKET N0.2007-1409-MLM-E Page 7 i. Prepare and submit a new CT study to the Commission for approval, in accordance with 30 TEx. ADMIN. CODE § 290.110; and ii. Submit a revised monitoring plan that shows new sampling locations and equipment used, in accordance with 30 TEX. ADM1N. CODE § 290.110. d. Within 45 days after the effective date of this Agreed Order, submit written certification as described below in Ordering Provision 3.g., and include supporting documentation including photographs, receipts, andlor other records to demonstrate compliance with Ordering Provision 3.c. By April 30, 2008, provide a flow measuring device to measure the recycled decant water discharged from the plant, in accordance with 30 TEX. ADMIN. Code § 290.42. £ By May 31, 2008, provide an inlet and outlet connection for both ground storage tanks located at the Holly Road pump station, in accordance with 30 TEX. ADMIN. CODE § 290.43. g. By June 15, 2008, submit written certification as described below, and include detailed supporting documentation including photographs, receipts, and/or other records to demonstrate compliance with Ordering Provision 3.e. and f. The certification shall be notarized by a State of Texas Notary Public and include the following certification language: "I certify under penalty of law that I have personally examined and am familiar with the information subntted and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the passibility of fine and imprisonment for lazowing violations." The certification shall be submitted to: Order Compliance Team Enforcement Division, MC 149A Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 75 7 1 1-3 087 with a copy to: City of Corpus Christi DOCKET N0.2007-1409-MLM-E Page 4 11. The Chief Clerk shall provide a copy of this Agreed Order to each of the parties. By law, the effective date of this Agreed Order is the third day after the mailing date, as provided by 30 TEX. ADMity. CODE § 70.10(b) and TEx. GOVT CODE § 2001.142. Attachment A Docket Number: 2007-1409-MLM-E SUPPLEMENTAL ENVIRONMENTAL PROJECT Respondent: City of Corpus Christi Payable Penalty Amount: Eleven Thousand Seventy-Si7c Dollars ($ll,U76) SEP Amount: Eleven Thousand Seventy-Six Dollars (511,07 Type of SEP: Pre-approved Third-Party Recipient: Coastal Bend Bays and Estuaries Program, Inc. Location of SEP: Nueces County The Texas Commission on Environmental Quality {"TCEQ"} agrees to offset a portion of the administrative Penalty Amount assessed in this Agreed Order for the Respondent to contribute to a Supplemental Environmental Project ("SEP"). The offset is equal to the SEP Amount set forth above and is conditioned upon completion of the project in accordance with the terms of this Attachment A. 1. Project Description A. Project The Respondent shall contribute to the Third-Party Recipient pursuant to the agreement between the Third- Party Recipient and the TCEQ. Specifically, the contribution will be used for the Colonial Waterbird Rookery Island Enhancement Project. Shamrock and Causeway Islands are important rookery island with heavy bird usage that are experiencing significant loss of wetland and rookery habitat due to dredging activities and erosion from waves and ships. SEP monies will be used to pay for the labor and material costs associated with preventing erosion in the unprotected areas of the islands and restoring parts of the islands that have suffered from erosion. The project will protect critical bird habitat and also enhance the wetlands. The Respondent certifies that there is no prior commitment to do this project and that it is being performed solely in an effort to settle this enforcement action. B. Environmental Benefit This SEP will provide a discernible environmental benefit by enhancing the colonial waterbird habitat on Causeway and Shamrock Islands in Nueces County. The project will result in: stabilization of the islands, protection of the birds, reduction of erosion, creation of wetland habitat and bird nesting habitat, creation of submerged aquatic vegetation, and maintenance of the Carpus Christi Bay system. Page 1 of 3 City of Corpus Christi Agreed Order -Attachment A The Respondent shalt also mail a copy of the check to the TCEQ SEP Coordinator at the address in Section 3 above. 5. Publicity Any public statements concerning this SEP made by or on behalf of the Respondent must include a clear statement that the project was performed as part of the settlement of an enforcement action brought by the TCEQ. Such statements include advertising, public relations, and press releases. 6. Clean Texas Program The Respondent shall not include this SEP in any application made to TCEQ under the "Clean Texas" (or any successor; program(s). Similarly, the Respondent may not seek recognition for this contribution in any other state or federal regulatory program. 7. Other SEPs by TCEQ ar Other Agencies The SEP identified in this Agreed Order has not been, and shall not be, included as an SEP for the Respondent under any other Agreed Order negotiated with the TCEQ or any other agency of the state or federal government. Page 3 of 3