Document K69OYDvKz6Kjnan0vk2YbKqZo

Region 6 Enforcement and Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media: Regulatory Program(s) 04/16/2019 FIFRA Section 12 Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Contact: City of Lewisville Department of Public Services - Water Production 1400 N. Cowan Avenue. Lewisville, TX 75057 P.O. Box 299002 Lewisville, TX 75029-9002 Denton County Kelly Rouse Facility Contact: krouse@cityoflewisville.com FRS Number: N/A Identification/Permit Number: N/A Media Number: NAICS: SIC: Personnel participating in inspection: Kelly Rouse Water Production Trever Heskett Water Production Jordan Strickler Department of Public Services Lee McMillan EPA Region 6 - Pesticide Enforcement Chuck Ruple EPA Region 6 - Pesticide Enforcement Henry Krusekopf Texas Department of Agriculture - Pesticides Superintendent Foreman Environmental Control Services Manager Environmental Engineer/ Inspector Environmental Scientist/Inspector Assistant Regional Director EPA Lead Inspector Signature/Date Lee V. McMillan Supervisor Signature/Date H. Troy Stuckey Acting for Troy (972) 219-3540 (972) 219-3540 (972) 219-3509 (214) 665-6404 (214) 665-6534 (214) 631-0265 6/3/2019 Date 6/3/2019 Date 6ENFORM-019-R7 (2/15/2017) 1 Section I - INTRODUCTION City of Lewisville/Water Production Inspection Date: 04/16/2019 PURPOSE OF THE INSPECTION EPA Region 6 inspectors, Lee McMillan and Chuck Ruple arrived at the City of Lewisville Water Production facility at 9:31 AM on April 16, 2019 for an announced joint inspection with Texas Department of Agriculture inspector, Henry Krusekopf. We met with Kelly Rouse, Superintendent, Trever Heskett, Foreman, and Jordan Strickler, Department of Public Services Environmental Control Services Manager. I presented my credentials to Kelly Rouse along with a Notice of Inspection and informed him that this was an EPA inspection to investigate a potential unregistered pesticide. The scope of the inspection is the evaluation of the facility's copper-ion generator used to treat zebra mussels in the water treatment process. FACILITY DESCRIPTION Lewisville's public water utility is operated by the city and funded by the utility customers' water rates. Lewisville subscribes to 9 million gallons per day of Dallas Water Utilities' treated water, which provides most of the city's water during winter months. Most of that treated water is pumped from the Elm Fork of the Trinity, just above Carrollton Dam, and treated in Dallas' treatment plant. In addition, Lewisville has its own treatment plant which can produce 20 million gallons per day. That plant draws water through two intake structures on Lewisville Dam, one owned by the city, and one shared with Upper Trinity Water District. The city's plant produces most of the water in the summer when demand is higher for irrigation. The City of Lewisville has 15 staff member which operate the water production facility. Section II - OBSERVATIONS At approximately 10:00 AM I toured the Lewisville water intake areas along with the City of Lewisville staff, EPA and TDA inspectors. I viewed the Lewisville Intake Area Station and the Lewisville/Upper Trinity Water District (Trinity) Shared Intake Station. Both intake station housed the Fortress Mussel Control (MC) systems. However only the copper ion generator system housed in the Lewisville water intake system was online at the time of the inspection. The Lewisville/Trinity shared intake copper-ion generator had not been active since the initial installation testing. The copper-ion generator system uses a split stream system. I was informed that the Lewisville Intakes pump about 2 million gallons per day into the treatment plant via two injection points. The Fortress MC system takes a split stream of the water and generates five to 10 part per billion of colloidal copper solution and injects it back into the system to treat the water for zebra mussels. Once the water is treated any zebra mussels will be removed from the system at the treatment plants settling tank. The sludge from the settling tank is then disposed of as solid waste. I also observed carbon slurry tanks at each of the intake pumping stations. The water production facility used the carbon to mainly treat the water for taste. 2 City of Lewisville/Water Production Inspection Date: 04/16/2019 Section III - AREAS OF CONCERN I observed the installation of two Fortress MC system copper-ion generators for the control of zebra mussels at the Lewisville water production facility. However, only one of the generators was active at the time of the inspection. Neither of the Fortress MC systems had pesticide registration under the regulations of FIFRA. Both generators are potentially in violation of FIFRA because at the time of the inspection they were unregistered pesticides. Inspector Ruple and I made the facility aware of the status of the generators and presented the facility with a copy of the Federal Register Notice [EPA- HQ-OPP- 2007--0949; FRL-8149-4]: Pesticide Registration; Clarification for Ion-Generating Equipment. The inspection was concluded at approximately 11:30 AM and I exited the facility. Section IV - FOLLOW UP The following information was received by EPA after exiting the Facility on April 16, 2019: City of Lewisville Procurement Package (January 2016) ONG Sole Source Letter ONG Proposal Bid Package for Copper Ion Generator (RFP No. 16-14-Z) (CBI) ONG Insurance Bonding Package Lewisville City Council Meeting Agenda for February 15, 2016 and Approval Contract with ONG Commissioning Correspondence Email (dated 8/2/2017) Copper Ion Generation Report for the Fortress MC System (CBI) Fortress MC Ion Chamber Cleaning Instructions (CBI) Section V - LIST OF APPENDICES Appendix 1 - Photo Log - 7 photos taken Appendix 2 - Notice of Inspection ***Complete report available in the Confidential Business Information Record*** 3 City of Lewisville/Water Production Inspection Date: 04/16/2019 Appendix 1 Photograph Log UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 1 Location: Lewisville Water Production Plant City: Lewisville County/Parish: Denton State: Texas Photo File Name: H:\6PD\6MM-XP\Enforcement\ENFORCEMENT SENSITIVE\FY2017\2017-084 Lewisville, TX Copper Ion Generator\Lewisville Water Plant Pictures 4-16-19\DSC_0071.JPG Date of Photo: April 16, 2019 Time of Photo: 10:12 AM Photographer: Chuck Ruple Description: Lewisville Water Intake Station pumps UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 2 Location: Lewisville Water Production Plant City: Lewisville County/Parish: Denton State: Texas Photo File Name: H:\6PD\6MM-XP\Enforcement\ENFORCEMENT SENSITIVE\FY2017\2017-084 Lewisville, TX Copper Ion Generator\Lewisville Water Plant Pictures 4-16-19\DSC_0076.JPG Date of Photo: April 16, 2019 Time of Photo: 10:15 AM Photographer: Chuck Ruple Description: Lewisville Water Intake Station Colloidal copper solution injection point #1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 3 Location: Lewisville Water Production Plant City: Lewisville County/Parish: Denton State: Texas Photo File Name: H:\6PD\6MM-XP\Enforcement\ENFORCEMENT SENSITIVE\FY2017\2017-084 Lewisville, TX Copper Ion Generator\Lewisville Water Plant Pictures 4-16-19\DSC_0078.JPG Date of Photo: April 16, 2019 Time of Photo: 10:16 AM Photographer: Chuck Ruple Description: ONG Fortress MC control panel located at the Lewisville Water Intake Station UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 4 Location: Lewisville Water Production Plant City: Lewisville County/Parish: Denton State: Texas Photo File Name: H:\6PD\6MM-XP\Enforcement\ENFORCEMENT SENSITIVE\FY2017\2017-084 Lewisville, TX Copper Ion Generator\Lewisville Water Plant Pictures 4-16-19\DSC_0084.JPG Date of Photo: April 16, 2019 Time of Photo: 10:30 AM Photographer: Chuck Ruple Description: Copper Ionization Chamber housed in the Lewisville/Trinity Shared Water Intake Station UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 5 Location: Lewisville Water Production Plant City: Lewisville County/Parish: Denton State: Texas Photo File Name: H:\6PD\6MM-XP\Enforcement\ENFORCEMENT SENSITIVE\FY2017\2017-084 Lewisville, TX Copper Ion Generator\Lewisville Water Plant Pictures 4-16-19\DSC_0085.JPG Date of Photo: April 16, 2019 Time of Photo: 10:30 AM Photographer: Chuck Ruple Description: Copper-ion generator flow meter in the Lewisville/Trinity Shared Water Intake Station UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 6 Location: Lewisville Water Production Plant City: Lewisville County/Parish: Denton State: Texas Photo File Name: H:\6PD\6MM-XP\Enforcement\ENFORCEMENT SENSITIVE\FY2017\2017-084 Lewisville, TX Copper Ion Generator\Lewisville Water Plant Pictures 4-16-19\DSC_0086.JPG Date of Photo: April 16, 2019 Time of Photo: 10:31 AM Photographer: Chuck Ruple Description: Copper Ionization Chamber Label view in the Lewisville/Trinity Shared Water Intake Station Appendix 2 Notice of Inspection &EPA United States Environmental Protection Agency United States ENVIRONMENTAL PROTECTION AGENCY Washington, DC 20460 Notice of Inspection Office of Enforcement and Compliance Assurance Facility Name Facility Address City of Lewisville Water Department 1400 North Cowan Street Lewisville, TX 75057 Name of Facility Official Title Kelly Rouse Water Production Superintendent By my signature, I represent that I am an owner, operator or agent in charge of the facility being inspected, and attest that the EPA, Designated State or Political Subdivision Employee or Officer identified on this form presented his or her credentials prior to issuing this Notice of lnspectiory. - - - Facility Official's Signature: ; -->" ~ -- ~- "7,h~ Authority for lnspecti8'",........ {/ For the purpose of inspecting and obtaining samples of any pesticides or devices packaged, labeled and released for shipment, and samples of any containers or labeling for such pesticides or devices, in places where pesticides or devices are held for distribution or sale [FIFRA 9(a) (7 U.S.C. 136g)]; and for the purpose of inspecting and obtaining copies of those records specified in FIFRA 8 (7 U.S.C. 136f) and 40 C.F.R. Part 169. Reasons for Inspections (Check applicable boxes) D Routine Inspection IRl For Cause Inspection ~iolatio; d FIFRA Section 12 (a)(l)(A) - Unregistered Pesticide uspec e : Additional Information: Reviewing process associated with copper ion-generator used in water treatment. Name of Inspector Lee V. Mc~llan .... ~ Signature of Inspector ~~ ~~- Title EnvirKm.ental Engineer Date April 16, 2019 Time Cf,1 ;!J 5 /t-l'1 Address 1445 Ross Ave., Ste. 1200, Dallas TX 75202 Note: The absence of a Facility Official's signature on this form does not invalidate this Notice of Inspection, or establish that consent to the inspection was not provided or that the proper procedures were not followed. EPA Form 3540-2 (Rev. 07/09) Previous editions may be used until supply is exhausted 1-lnspector Copy 2-Facility Copy