Document EvR10XXygz5dGnz42DVLX3mmV

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 January 1, 2023 TRANSMITTED VIA E-MAIL The Honorable Ginger Nelson Mayor of Amarillo P.O. Box 1971 Amarillo, Texas 79105 ginger.nelson@amarillo.gov Re: Administrative Order; Docket Number: CWA-06-2023-1717 Hollywood Road Wastewater Treatment Facility TPDES Permit Number: TX0025810 Dear Mayor Nelson: Enclosed is an Administrative Order (AO) issued to the City of Amarillo, for violations of the Clean Water Act (CWA) (33 U.S.C. 1251 et seq.). Violations were identified during a review of the permit file and discharge monitoring reports submitted for the Hollywood Road Wastewater Treatment Facility. The violations alleged are for failure to meet permit effluent limitations. The EPA requests that you immediately confirm receipt of this e-mail and the attached order by a response e-mail to vaughn.alan@epa.gov. 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 Environmental Protection Agency 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-06-2023-1717 and TPDES Permit Number TX0025810 in your response. If you have any questions, please contact Mr. Alan Vaughn of my staff, at (214) 665-7487 or vaughn.alan@epa.gov. Sincerely, Digitally signed by Seager, Cheryl Date: 2023.01.18 13:54:12 -06'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure ec: kristy.deaver@tceq.texas.gov UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 1201 Elm St. Suite 500 Dallas, TX 75270-2102 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2023-1717; TPDES Permit Number: TX0025810 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), Section 309(a) of the Clean Water Act (the Act), 33 U.S.C. 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 of the Enforcement and Compliance Assurance Division. FINDINGS 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) 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). 1. The City of Amarillo (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 Hollywood Road Wastewater Treatment Facility (facility) located at 3700 Southeast Loop 335, City of Amarillo, Randall County, Texas 79118, 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 Upper Prairie Dog Town Fork Red River in Segment No 0229 of the Red River Basin, 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. 8. Respondent applied for and was issued TPDES Permit No. TX0025810 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which was issued on December 20, 2020, and re-issued on March 29, 2022. At all relevant times, Respondent was authorized to discharge pollutants from the facility to waters of the 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. 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. 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. 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. 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. 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. 12. Each instance in which Respondent discharged pollutants to waters of the United States in amounts exceeding the effluent limitations contained in the permit was a violation of the permit and Section 301 of the Act, 33 U.S.C. 1311. Docket No. CWA-06-2023-1717 Page 2 SECTION 309(a)(3) COMPLIANCE ORDER GENERAL PROVISIONS Based on the foregoing Findings and pursuant to the authority of Section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), EPA hereby orders Respondent to take the following action: A. Take such measures as are necessary to comply with all permit conditions, including Effluent Limitations and Monitoring and Reporting Requirements, no later than thirty (30) days from the effective date of the Order. B. Within thirty (30) days of the effective date of this Order, Respondent shall submit a list of the specific actions taken to correct the Carbonaceous Biochemical Oxygen Demand, Ammonia Nitrogen, Total Suspended Solids, E. coli, and Total Residual Chlorine violations. C. Within thirty (30) days of the effective date of this Order, Respondent shall provide written certification to EPA Region 6 that the violations cited herein have been corrected and the facility is compliant with the requirements of the permit. D. In the event the Respondent believes complete correction of the violations cited herein is not possible within thirty (30) days of the effective date of this Order, Respondent shall, within thirty (30) days of the effective date of this Order, submit a comprehensive written plan for the elimination of the cited violations within the shortest possible time. Such plan shall describe in detail the specific corrective actions to be taken and why such actions are sufficient to correct the violations. The plan shall include a detailed schedule for the elimination of the violations within the shortest possible time, as well as measures to prevent these or similar violations from recurring. Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. Issuance of this Section 309(a)(3) Compliance Order shall not be deemed an election by EPA to waive any administrative, judicial, civil or criminal action to seek penalties, fines or other relief under the Act for the violations cited herein, or other violations that become known to EPA. EPA reserves the right to seek any remedy available under the law that it deems appropriate. Failure to comply with this Section 309(a)(3) Compliance Order or the Act may result in further administrative action, or a civil judicial action initiated by the United States Department of Justice. This Order does not constitute a waiver or modification of the terms or conditions of Respondent's NPDES permit, which remain in full force and effect. Compliance with the terms and conditions of this Order does not relieve Respondent of its obligation to comply with any applicable federal, state, or local law or regulation. The effective date of this Order is the date it is received by Respondent. -DQXDU\ Date Digitally signed by Seager, Cheryl Date: 2023.01.18 13:52:55 -06'00' } "" .1s E. Any information or correspondence submitted by Cheryl T. Seager, Director Respondent to EPA under this Order shall be addressed to the Enforcement and following: Compliance Assurance Division Mr. Alan Vaughn Water Enforcement Branch (ECDWM) U.S. EPA, Region 6 1201 Elm St. Suite 500 Dallas, TX 75270-2102 and vaughn.alan@epa.gov Attachment A City of Amarillo - TX0025810 Permit Limits for Permits Issued on 12/1/2020 and re-issued on 3/29/2022 Effluent Characteristics Outfall 002 Total Suspended Solids Ammonia Nitrogen Carbonaceous Biochemical Oxygen Demand E. coli Discharge Limitations Daily Avg. mg/L (lbs/day) Daily Max. mg/L 15 (1501) 2 (200) 7 (700) 126/100 mL 40 10 25 399/100 mL The effluent shall contain a chlorine residual of at least 1.0 mg/L after a detention time of at least 20 minutes (based on peak flow) and shall be monitored daily by grab sample. The permittee shall dechlorinate the chlorinated effluent to less than 0.1 mg/L chlorine residual and shall monitor chlorine residual daily by grab sample after a dechlorination process. Attachement B City of Amarillo - TX0025810 Effluent Violations Monitoring Period 12/31/2021 12/31/2021 12/31/2021 12/31/2021 01/31/2022 01/31/2022 02/28/2022 02/28/2022 03/31/2022 03/31/2022 03/31/2022 03/31/2022 03/31/2022 04/30/2022 04/30/2022 04/30/2022 04/30/2022 04/30/2022 04/30/2022 04/30/2022 04/30/2022 04/30/2022 06/30/2022 06/30/2022 07/31/2022 07/31/2022 08/31/2022 08/31/2022 08/31/2022 Outfall 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 Parameter Nitrogen, ammonia total [as N] Nitrogen, ammonia total [as N] Solids, total suspended Solids, total suspended Nitrogen, ammonia total [as N] Solids, total suspended Nitrogen, ammonia total [as N] Nitrogen, ammonia total [as N] Nitrogen, ammonia total [as N] Nitrogen, ammonia total [as N] Nitrogen, ammonia total [as N] Solids, total suspended Solids, total suspended BOD, carbonaceous [5 day, 20 C] Chlorine, total residual Chlorine, total residual E. coli Nitrogen, ammonia total [as N] Nitrogen, ammonia total [as N] Nitrogen, ammonia total [as N] Solids, total suspended Solids, total suspended Nitrogen, ammonia total [as N] Nitrogen, ammonia total [as N] Solids, total suspended Solids, total suspended E. coli Solids, total suspended Solids, total suspended Statistical Base DAILY AV DAILY MX DAILY AV DAILY MX DAILY AV DAILY MX DAILY AV DAILY MX DAILY AV DAILY AV DAILY MX DAILY AV DAILY MX DAILY MX INST MAX MO MIN DAILY MX DAILY AV DAILY AV DAILY MX DAILY AV DAILY MX DAILY AV DAILY MX DAILY AV DAILY MX DAILY MX DAILY AV DAILY MX Units mg/L Permit DMR Limit Value 2. 6. j mg/L 10. mg/L 15. mg/L 40. mg/L 2. mg/L 40. mg/L 2. mg/L 10. lb/d 200. mg/L 2. mg/L 10. mg/L 15. mg/L 40. mg/L 25. mg/L .1 mg/L 1. CFU/100mL 399. lb/d 200. mg/L 2. mg/L 10. mg/L 15. mg/L 40. mg/L 2. mg/L 10. mg/L 15. mg/L 40. CFU/100mL 399. mg/L 15. mg/L 40. 14.8 17.1 I 116. 2.5 I 110. 7.5 I 18.7 270. I 8. 25.3 I 18.8 96. I 26. .36 I NR 2420. I 527.7 14.2 I 23. 27.7 I 273. 4.1 I 15.3 17.3 I 140. 914. I 15.1 63. I