Document MxqpQV8b6O53q3NyJ5G82v0L

August 22, 2024 TRANSMITTED VIA E-MAIL Jim Baker, President Wilbarger Creek MUD No. 2 100 Congress Avenue, Suite 1300 Austin, Texas 87801 jasabaker@gmail.com RE: Administrative Order; Docket Number: CWA-06-2024-1788 Wilbarger Creek Municipal Utility District No. 2 TPDES Permit Number: TX0122840 Dear Mr. Baker: Enclosed is an Administrative Order (AO) issued to Wilbarger Creek Municipal Utility District (MUD) No. 2, 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 Wilbarger Creek MUD No.2 Wastewater Treatment Facility. The violations alleged are for failure to meet permit effluent and monitoring requirements. 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 montoya.david01@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 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-06-2024-1788 and TPDES Permit Number TX0122840 on your response. If you have any questions, please contact Mr. David Montoya Jr. of my staff, at (214) 665-6478 or montoya.david01@epa.gov. Sincerely, Enclosure ec: kristy.deaver@tceq.texas.gov Cheryl T. Seager, Director Enforcement and Compliance Assurance Division UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2024-1788; TPDES Permit Number: TX0122840 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 1. The Wilbarger Creek Municipal Utility District (MUD) No. 2 (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 Wilbarger Creek MUD No. 2 Wastewater Treatment Facility (facility) located at 12217 Old Highway 20, Manor, Travis County, Texas 78653, 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 directly to an unnamed tributary, thence to Wilbarger Creek, thence to the Colorado River above La Grange in Segment No. 1434 of the Colorado River Basin, which are "waters 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. specific terms and conditions prescribed in the applicable permit. 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). 8. Respondent applied for and was issued TPDES Permit No. TX0122840 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which was issued on December 12, 2019. 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 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-06-2024-1788 Page 2 SECTION 309(a)(3) COMPLIANCE ORDER GENERAL PROVISIONS 13. 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 Total Phosphorus and the Total Residual Chlorine limits. 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 Respondents 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. Date E. Any information or correspondence submitted by Respondent to EPA under this Order shall be submitted, via email, to the following: Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Mr. David Montoya Jr. montoya.david01@epa.gov Attachment A Wilbarger Creek MUD No. 2 Effluent Limits NPDES Permit ID: TX0122840 Effluent Parameter Total Residual Chlorine1 Total Phosphorus Permit Limit Inst. Max. (mg/L): 0.1 Daily Avg. (mg/L): 1.0 1 The effluent shall contain a chlorine residual of at least 1.0 mg/1 after a detention time of at least 20 minutes (based on peak flow) and shall be monitored daily by grab sample at each chlorine contact chamber. The permittee shall dechlorinate the chlorinated effluent to less than 0.1 mg/1 chlorine residual and shall monitor chlorine residual daily by grab sample after the dechlorination process. An equivalent method of disinfection may be substituted only with prior approval of the Executive Director. Attachment B Wilbarger Creek MUD No. 2 Effluent Violations NPDES Permit ID: TX0122840 Monitoring Period End Date 10/31/2023 10/31/2023 10/31/2023 11/30/2023 12/31/2023 01/31/2024 04/30/2024 Parameter Description Chlorine, total residual Chlorine, total residual Phosphorus, total [as P] Chlorine, total residual Chlorine, total residual Chlorine, total residual Chlorine, total residual Statistical Base Limit Unit INST MAX MO MIN DAILY AV INST MAX INST MAX INST MAX INST MAX mg/L mg/L mg/L mg/L mg/L mg/L mg/L Limit Value 0.1 1.0 1.0 0.1 0.1 0.1 0.1 DMR Value 1.3 0.17 1.35 2.1 2.0 1.36 .11