Document DMmGo6rKrR68gjBVMgamZQaKo

~~ED SJ".qJ:; .""'- ~... ~ &A b ~ ~ ~ 't '< ~ ;, ~..., ,.,.,~ r.q, PRO'~" UNITED STATES ENVIRONMENTAL PROTECTION REGION6 1445ROSSAVENUE,SUITE1200 DALLAS, TEXAS 75202-2733 FEB 1' 4 2-1113 AGENCY CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7005 1820 0003 7453 7666 Mr. Matthew Bumstead, Manager usm Manufacturing, L.L.C. d/b/a Praters Foods 7830 Orlando Avenue Lubbock, TX 79423-1942 Re: PWS ID Number: TX1520236 Administrative Order, Docket Number: SDWA-06-20 13-1230 Dear Mr. King: Enclosed is an Administrative Order (Order) issued to usm Manufacturing, L.L.C., for violation of the Safe Drinking Water Act (Act), 42 U.S.C. 300f, et seq., and its implementing regulations, 40 C.F.R. Part 141. The Environmental Protection Agency (EPA) finds that you own or operate the public water system (PWS) identified in the Order and are therefore subject to these regulations. This Order requires certain actions and information demands. This Order requires immediate compliance with the maximum contaminant level (MCL) for nitrate as set forth in Section 1412 of the Act, 42 U.S.C. 300g-l. If immediate compliance is not possible, usm Manufacturing, L.L.C. must submit a treatment alternative with a construction and/or repair schedule that will achieve compliance no later than eighteen (18) months from the effective date of the enclosed Order. Compliance with the MCL for nitrate is based on a single quarterly sample. As described in the enclosed Order, usm Manufacturing, L.L.C. is required to deliver drinking water that meets the national standard for nitrate and to conduct quarterly monitoring to ensure compliance with the MCL. Please be aware that failure to comply with this Order may subject you to additional enforcement action by EPA, including the initiation of legal proceedings to seek monetary penalties. EPA also wants you to be aware of a new process in Texas that was created to help facilities secure technical assistance and funding to address these types of issues. The Texas Water Infrastructure Coordination Committee (TWICC) was formed with representation from stakeholders, funding entities, and federal and state partners to identifY water and wastewater infrastructure and compliance issues and to seek affordable, sustainable and innovative funding strategies for the protection of public health. If you feel your system could benefit from the TWICC, please let us know so that we can discuss the matter with you. Re: usm Manufacturing, L.L.C. 2 Administrative Order The PWS is also required to comply with all applicable Texas regulations in Title 30 Texas Administrative Code (TAC) Chapter 290, Subchapter D. Most treatment options require the submittal of engineering plans and specifications to the Texas Commission on Environmental Quality (TCEQ) for review and approval as indicated in 30 TAC 290.390). The engineering plans and specifications and any pilot study report must be prepared by a Texas licensed professional engineer as required in 30 TAC 290.39(d)(l) and 290.42(g), respectively. Please send engineering submittals to the TCEQ's Public Drinking Water Section address referenced in paragraph K of the Order and include the EPA Docket Number. If you need assistance, or have questions regarding the Order, please contact Mr. Mehdi Taheri, of my staff, at (214) 665-2298. Sincerely, Enclosure cc: Mr. Bryan Sinclair, Director Enforcement Division Texas Commission on Environmental Quality P.O. Box !3087 Austin, TX 78711-3087 Ms. Linda Brookins, Director Water Supply Division Texas Commission on Environmental Quality P.O. Box !3087 Austin, TX 787!1-3087 U.S. ENVIRONMENTAL PROTECTION AGENCY- REGION 6 FINDINGS OF VIOLATION, COMPLIANCE ORDER, AND INFORMATION DEMAND In the Matter of: Praters Foods Water System Owned/Operated by usm Manufacturing, L.L.C., Respondent Docket No. SDWA-06-2013-1230, PWS ID # TX1520236 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 1414(g) and 1445 of the Safe Drinking Water Act ("the Act"), 42 U.S.C. 300g-3(g) and 300j-4. The Administrator delegated the authority to issue this Order to the Regional Administrator of EPA Region 6 who further delegated such authority to the Director of the Compliance Assurance and Enforcement Division. 7. Respondent is required to comply with the nitrate requirements of the Act, as set forth in Section 1412 of the Act, 42 u.s.c. 300g-l. SECTION 1414(g) COMPLIANCE ORDER Based on these findings and pursuant to the authority of Section 1414(g) of the Act, 42 U.S.C. 300g-3(g), EPA orders Respondent to take the following actions: FINDINGS 1. usm Manufacturing, L.L.C. ("Respondent"), is a "person," as defined by Section 1401(12) of the Act, 42 U.S.C. 300f(l2). 2. At all times relevant to the violations alleged herein ("relevant time period"), Respondent owned or operated the Praters Foods water system, a public water system ("PWS"), as defined by Section 1401(4) of the Act, 42 U.S.C. 300f(4), located in Lubbock, Lubbock County, Texas ("facility"), designated as PWS number TX1520236. 3. As a PWS and a "supplier of water," Respondent is subject to the regulations promulgated by EPA pursuant to Section 1412 of the Act, 42 U.S.C. 300g-l, entitled National Primary DrinkingWater Regulations ("NPDWR"). 4. During the relevant time period, Respondent's PWS served as a "community water system" as defined by Section 1401(15) of the Act, 42 U.S.C. 300f(l5). 5. The Texas Commission on Environmental Quality ("TCEQ") and the EPA have enforcement authority for the PWS provisions of the Act in the State of Texas. TCEQ and EPA have consulted regarding this Order, and it has been agreed that EPA would initiate this enforcement action. 6. During the relevant time period, Respondent's PWS was subject to NPDWR requirements for the nitrate maximum contaminant level ("MCL") as set forth in 40 C.F.R 141.62(b). Respondent monitored for nitrate in the last four quarters from the 4th quarter of 2011 through the 3rd quarter of 2012 and reported values of 12.3 mg/L, 13.9 mg/L, 14.5 mg/L, and 12.3 mg/L that exceeded the nitrate MCL of 10 mg/L in violation of 40 C.F.R. 141.62(b)(7). A. Respondent shall comply with 40 C.F.R. 141.3l(b) and notifY both TCEQ and EPA within forty-eight (48) hours in the event of nitrate MCL violations. B. If Respondent has not provided public notice, as required by 40 C.F.R. 141.201, regarding the violations specified in paragraph 6, the Respondent shall, within thirty (30) days of issuance of this Order, provide a public notice of the violations as set forth in 40 C.F.R. 141.201. In the public notice, Respondent shall specifY that pregnant women and children under six (6) months of age should not drink the water until notified by the PWS. Respondent shall submit a copy of the public notice to EPA and TCEQ within forty (40) days of the effective date of this Order. C. Within fifteen (15) calendar days of the effective date of this Order, Respondent shall contact Mr. Mehdi Taheri, in writing, informing him whether Respondent will comply with the terms of this Order. D. Respondent shall immediately comply with 40 C.F.R. 141.62(b)(7) regarding the nitrate MCL. If immediate compliance is not technically feasible, then the respondent must comply withE through K below. E. Respondent shall achieve and maintain compliance with the MCL for nitrate set forth at 40 C.F.R. 141.62(b)(7) no later than eighteen (18) months after the effective date of this Order. F. After the effective date of this Order, in the event that sampling results indicate Respondent is exceeding the MCL for nitrate, as specified in 40 C.F.R. 141.62(b)(7), Respondent shall make available, within forty-eight (48) hours of the nitrate MCL violation, an alternative source of water to pregnant women and children under the age of 6 months. Respondent shall continue to make available an alternative source of water for this population until sample results indicate that the nitrate Docket No. SDWA-06-2013-1230 Page2 level is within the MCL requirement. Respondent shall provide a written description to EPA and TCEQ within five (5) days of the violation describing how Respondent will make available drinking water to pregnant women and children under 6 months of age. SECTION 1445 INFORMATION DEMAND Based on these findings and pursuant to the authority of Section 1445 of the Act, 42 U.S.C. 300j-4, Respondent is required to do the following: G. Within sixty (60) days of the effective date of this Order, Respondent shall submit to EPA an initial report on the progress made to bring the PWS into compliance with the nitrate MCL. Following the initial report, a quarterly progress report shall be submitted to EPA within ten (1 0) days after the end of each calendar quarter. Respondent shall notifY EPA when all improvements have been completed. H. Within one hundred and twenty (120) days of the effective date of this Order, Respondent shall submit to EPA a detailed plan to bring the system into compliance with the MCL for nitrate. The plan shall include: 1) a system modification proposal; 2) a cost analysis of system modifications; and 3) a construction schedule for the project. The schedule shall include specific milestone dates and a final compliance date that is no later than eighteen (18) months from the effective date of this Order. The plan must be submitted to EPA for approval before construction can commence. I. The approved schedule for construction and completion of modifications will be incorporated and re-issued in a future administrative order. J. The reporting required by this Order must be provided by the Respondent to EPA at the following address: Mr. Mehdi Taheri Water Enforcement Branch (6EN-W) U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Public Drinking Water Section Water Supply Division, MC 155 Texas Commission on Environmental Quality P.O. Box 13087 Austin, TX 78711-3087 GENERAL PROVISIONS This Order is effective upon receipt by Respondent. Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. Section 706, which is set forth at http://uscode.house.gov/download/pls/05C7.txt, states the scope of such review. This Section 1414(g) Compliance Order and the Section 1445 Information Demand do not constitute a waiver, suspension, or modification of the requirements of 40 C.F.R. Part 141 or other applicable federal and state requirements, which remain in full force and effect. Issuance of this Section 1414(g) Compliance Order and Section 1445 Information Demand is not an election by EPA to forego any civil or any criminal action otherwise authorized under the Act. Violation of any term of this Section 1414(g) Compliance Order and the Section 1445 Information Demand or the Act may subject Respondent to an administrative civil penalty of up to $32,500 under Section 1414(g) of the Act, 42 U.S.C. 300g-3(g), or a civil penalty of not more than $37,500 per day per violation, assessed by an appropriate United States District Court under Section 1414(g)(3)(A) of the Act, 42 U.S.C. 300g-3(g)(3)(A). This Order shall be binding on the PWS cited herein and all its successors and assignees. No change in ownership of the PWS shall alter the responsibility of the PWS under this Order. fEB 1 4 Z013 Date K. Regarding Parts A and B in the Order Section, Respondent shall submit a copy of the public notice to TCE at the following addresses: Order Compliance Team Enforcement Division, MC 149A Texas Commission on Environmental Quality P.O. Box 13087 Austin, TX 78711-3087 and