Document GmmveM6zqM4J0DeYnpzaQ7XXY

~"{-D sr4 h ."'"- .-~. ~ &- {:, ~ ~~ ~ ~ ~ ;;, \<'4 r...f' J'.ql. PRO"'it,V UNITED STATES ENVIRONMENTAL PROTECTION REGION 6 1445ROSSAVENUE,SUITE1200 DALLAS, TEXAS 75202-2733 AGENCY CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7005 1820 0003 7454 1113 Mr. Justin Ramirez, Board Director Montgomery County Municipal Utility District No. 119 c/o Schwartz, Page & Harding, L.L.P. 1300 Post Oak Boulevard, Suite 1400 Houston, TX 77056 Re: Administrative Order; Docket Nmnber: CWA-06-2018-1748 Spring Trails Wastewater Treatment Facility TPDES Permit Number TX0128295 Dear Mr. Ramirez: Enclosed is an Administrative Order (AO) issued to Montgomery County Municipal Utility District No. 119 for violation of the Clean Water Act (CWA), 33 U.S.C. 1251-1387. Violations were identified during a review of the pennit file and discharge monitoring repmis submitted for the Spring Trails Wastewater Treatment Facility. The violations alleged are for failure to meet permit effluent limitations for Ammonia Nitrogen and Total Residual Chlorine. This AO does not assess a monetmy penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thiliy days of the effective date of the AO. The AO also contains other compliance deadlines and specified infmmation. 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-06-2018-1748 and TPDES Permit Number TX0128295 on your response. If you have any questions, please contact Ms. Judy Edelbrock, of my staff, at (214) 665-8582. Sincerely, c~~ Director {!'--- Compliance Assurance and Enforcement Division 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 AND COMPLIANCE ORDER Docket Number: CW A-06-2018-1748, TPDES Pem1it Number: TXO 128295 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 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 Compliance Assurance and Enforcement Division. FINDINGS I. Montgomety County Municipal Utility District No. 119 ("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 Spring Trails Wastewater Treatment Facility, located at 27194 Mia Ridge Lane, Spring, Texas, Montgomery County ("facility"), and was therefore, an "owner or operator" within the meamng 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 Spring Creek in Segment No. 1008 of the San Jacinto River Basin, which is considered 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. 7. Section 402 of the Act, 33 U.S.C. 1342, authorizes states to request approval from EPA to administer their own pennit 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 pennit is a violation of Section 30l(a) of the Act, 33 U.S.C. 13ll(a). 8. Respondent applied for and was issued TPDES Permit No. TX0128295 ("pennit") under Section 402 of the Act, 33 U.S.C. 1342, and the permit was issued on August 24, 2016. 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 cettified Discharge Monitoring Reports ("DMRs") of the results of monitoring, and Noncompliance Repmts 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 30 I of the Act, 33 U.S.C. 1311, it is unlawfi.tl 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 fimn point sources to waters of the United States. Any such discharge is subject to the specific terms and conditions prescribed in the applicable permit. 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. 12. Each instance in whicb Respondent discharged pollutants to waters of the United States in amounts exceeding the effluent limitations contained in the permit was a violation of the petmit and Section 301 ofthe Act,-33 U.S.C. 1311.