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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 November 2, 2022 TRANSMITTED VIA E-MAIL The Honorable Toni Clay City of Athens 508 East Tyler Street Athens, Texas 75751 tclay@athenstx.gov Re: Administrative Order; Docket Number: CWA-06-2023-1714 Athens West Wastewater Treatment Facility TPDES Permit Number: TX0025364 Dear Mayor Clay: Enclosed is an Administrative Order (AO) issued to the City of Athens for violations 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 Athens West Wastewater Treatment Facility. The violations alleged are for failure to meet permit effluent limitations. The Environmental Protection Agency (EPA) requests that you immediately confirm receipt of this e-mail and the attached order by a response e-mail to edelbrock.judy@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. 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-06-2023-1714 and TPDES Permit Number TX0025364 on your response. If you have any questions, please contact Ms. Judy Edelbrock of my staff, at (214) 665-8582 or edelbrock.judy@epa.gov. Sincerely, Digitally signed by CHERYL SEAGER Date: 2022.11.23 11:59:58 -06'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division ec: kristy.deaver@tceq.texas.gov bhambrick@athenstx.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-06-2023-1714; TPDES Permit Number: TX0025364 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 Athens (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 Athens West Wastewater Treatment Facility located at 2300 County Road 1500 in the City of Athens, Henderson County, Texas 75751, 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 Walnut Creek thence to Cedar Cree, thence to Trinity River above Lake Livingston in Segment No. 0814 of the Trinity 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. TX0052922 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which was issued on June 9, 2017, and reissued on May 10, 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-06-2023-1714 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 violations related to E coli, Total Suspended Solids, Flow, Total Residual Chlorine, and Ammonia Nitrogen. 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. E. Any information or correspondence submitted by Respondent to EPA under this Order shall be addressed to the following: Ms. Judy Edelbrock Water Enforcement Branch (ECDWA) U.S. EPA, Region 6 1201 Elm St. Suite 500 Dallas, TX 75270-2102 and edelbrock.judy@epa.gov 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. 1RYHPEHU Date Digitally signed by CHERYL SEAGER Date: 2022.11.23 11:58:48 -06'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Attachment A City of Athens - TX0025364 Permit Limits Effluent Characteristics Discharge Limitations Outfall 001 E. coli, CFU or MPN/100 Daily Avg. mg/L (lbs/day) 126 Daily Max. mg/L 399 Total Suspended Solids Ammonia Nitrogen 20 (228) 45 3 (34) 10 The annual average flow of effluent shall not exceed 1.367 million gallons per day (MGD), nor shall the average discharge during any two-hour period (2-hour peak) exceed 1,738 gallons per minute (gpm). The effluent shall contain a chlorine residual of at least 1.0 mg/l. TX0025364 Attachment B City of Athens Monitoring Period End Date 02/29/2020 02/29/2020 02/29/2020 04/30/2020 10/31/2020 10/31/2020 02/28/2021 03/31/2021 05/31/2021 05/31/2021 08/31/2021 12/31/2021 12/31/2021 12/31/2021 12/31/2021 12/31/2021 01/31/2022 01/31/2022 03/31/2022 04/30/2022 07/31/2022 07/31/2022 08/31/2022 Outfall 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 Parameter Monitoring Nitrogen, ammonia total [as DAILY AV Solids, total suspended DAILY AV Solids, total suspended DAILY MX Solids, total suspended DAILY AV Nitrogen, ammonia total [as DAILY AV Nitrogen, ammonia total [as DAILY MX Chlorine, total residual MO MIN Solids, total suspended DAILY AV Flow, in conduit or thru treat 2HR PEAK Solids, total suspended DAILY AV Nitrogen, ammonia total [as DAILY MX E. coli DAILY AV E. coli DAILY MX Nitrogen, ammonia total [as DAILY AV Nitrogen, ammonia total [as DAILY AV Nitrogen, ammonia total [as DAILY MX Nitrogen, ammonia total [as DAILY AV Nitrogen, ammonia total [as DAILY MX Nitrogen, ammonia total [as DAILY AV Nitrogen, ammonia total [as DAILY AV Nitrogen, ammonia total [as DAILY AV Nitrogen, ammonia total [as DAILY MX Flow, in conduit or thru treat 2HR PEAK Limit Unit Value mg/L 3. mg/L 20. mg/L 45. mg/L 20. mg/L 3. mg/L 10. mg/L 1. mg/L 20. gal/min 1738. mg/L 20. mg/L 10. CFU/100126. CFU/100399. lb/d 34. mg/L 3. mg/L 10. mg/L 3. mg/L 10. mg/L 3. mg/L 3. mg/L 3. mg/L 10. gal/min 1738. DMR Value 3.378 23.125 49. 23.889 3.318 17.66 . 23. 2083.3 24.125 11.7 632.8 2419.6 42.22 8.156 19.4 4.24 14.3 3.279 3.185 3.102 11.89 1875.