Document DGrj6Y6kemYdxzX4zxEyw5rNn

~-i;ED sr4 1:1 .~~ ~ ~. fR &A b ~ ~ ~ ~ ~ ~ ~ (<'1' ,._,.,c 1>-.qL PRO-i;~C. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TEXAS 75202-2733 CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7005 1820 0003 7448 9545 The Honorable Adan Chapa Mayor, City of Aransas Pass P.O. Box 2000 Aransas Pass, TX 78335 Re: Administrative Order; Docket Number: CWA-06-2016-1783 City of Aransas Pass TPDES Permit Number: TX0025682 Dear Mayor Chapa: Enclosed is an Administrative Order (AO) issued to the City of Aransas Pass for violation of the Clean Water Act (CWA) (33 U.S.C. 1251-1387). Violations were identified during a review of the permit file and discharge monitoring reports submitted for the City of Aransas Pass Wastewater Treatment Facility. The violations alleged are for failure to meet permit effluent limitations for Biochemical Oxygen Demand, 5-day; Total Suspended Solids; and Enterococci bacteria for Outfall 001. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thirty days of the effective date of the AO. The AO also contains other compliance deadlines and information demands. The Environmental Protection Agency, Region 6 (EPA) is committed to ensuring compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) program, and my staff will assist you in any way possible. Please reference AO Docket Number CWA-06-2016-1783 and TPDES Permit Number TX0025682 on your response. If you have any questions, please contact Mr. Alan S. Vaughn, of my staff, at (214) 665-7487. Enclosures Compliance Assurance and Enforcement Division Re: Administrative Order 2 City of Aransas Pass cc: Mr. Sandy Van Cleave (MC 169) Manager, Enforcement Section TCEQ P.O. Box 13087 Austin, TX 78711-3087 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 1445 Ross Avenue, Suite 1200, Dallas, TX 75202 FINDINGS OF VIOLATION, COMPLIANCE ORDER, AND INFORMATION DEMAND Docket Number: CWA-06-2016-1783, TPDES Permit Number: TX0025682 STATUTORY AUTHORITY The following findings are made and Order issued under the authority vested in the Administrator of the United States Environmental Protection Agency ("EPA"), by Sections 308 and 309(a) of the Clean Water Act ("the Act"), 33 U.S.C. 1318 and 1319(a). The Administrator of EPA delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who delegated this authority to the Director ofthe Compliance Assurance and Enforcement Division. FINDINGS 1. The City of Aransas Pass ("Respondent") is a "person," as that term is defined at Section 502(5) of the Act, 33 U.S.C. 1362(5), and 40 C.F.R. 122.2. 2. At all times relevant to this Order ("all relevant times"), Respondent owned or operated the City of Aransas Pass Wastewater Treatment Facility, located at 527 Ransom Island Road, in the City of Aransas Pass, San Patricio County, Texas ("facility"), and was, therefore, an "owner or operator" within the meaning of 40 C.F.R. 122.2. 3. At all relevant times, the facility acted as a "point source" of a "discharge" of "pollutants" with its final wastewater discharge to Redfish Bay in Segment No. 2483 of the Bays and Estuaries, which is a "water of the United States;" within the meaning of Section 502 of the Act, 33 U.S.C. 1362, and 40 C.F.R. 122.2. 4. Because Respondent owned or operated a facility that acted as a point source of discharges of pollutants to waters of the United States, Respondent and the facility were subject to the Act and the National Pollutant Discharge Elimination System ("NPDES") program. 5. Under Section 301 of the Act, 33 U.S.C. 1311, it is unlawful for any person to discharge any pollutant from a point source to waters of the United States, except with the authorization of, and in compliance with, an NPDES permit issued pursuant to Section 402 of the Act, 33 U.S.C. 1342. 6. Section 402(a) of the Act, 33 U.S.C. 1342(a), provides that the Administrator of EPA may issue permits under the NPDES program for the discharge of pollutants from point sources to waters of the United States. Any such discharge is subject to the specific terms and conditions prescribed in the applicable permit. 7. Section 402 of the Act, 33 U.S.C. 1342, authorizes states to request approval from EPA to administer their own permit programs for discharges into navigable waters within their jurisdiction. Pursuant to this provision, the State of Texas requested approval from EPA to administer its own permit program for discharges into navigable waters within Texas, and such approval was granted by EPA on September 14, 1998. Therefore, pursuant to the State's permit program, the Texas Commission on Environmental Quality ("TCEQ") has issued Texas Pollutant Discharge Elimination System ("TPDES") permits. Violation of a TPDES permit is a violation of Section 301(a) of the Act, 33 U.S.C. 1311(a). 8. Respondent applied for and was issued TPDES Permit No. TX0025682 ("permit") under Section 402 of the Act, 33 U.S.C. 1342, which became effective on June 17, 2014. Atall relevant times, Respondent was authorized to discharge pollutants from the facility to waters ofthe United States only in compliance with the specific terms and conditions of the permit. 9. The permit includes "Monitoring and Reporting Requirements" that require Respondent to sample and test its effluent and monitor its compliance with permit conditions according to specific procedures, in order to determine the facility's compliance or noncompliance with the permit and applicable regulations. The permit also requires Respondent to file with TCEQ certified Discharge Monitoring Reports ("DMRS") of the results of monitoring, and Noncompliance Reports when appropriate. 10. The permit contains "Effluent Limitations and Monitoring Requirements" that place certain limitations on the quality and quantity of effluent discharged by Respondent. The relevant discharge limitations are specified in Attachment A, which is incorporated herein by reference. 11. Certified DMRs filed by Respondent with TCEQ in compliance with the permit show discharges of pollutants from the facility that exceed the permitted effluent limitations established in the permit, as specified in Attachment B, which is incorporated herein by reference.