Document NEemMXva0KXmwQ4GXmJDakmxV

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 January 21, 2022 TRANSMITTED VIA E-MAIL Honorable Keith Bell Mayor of La Marque 1111 Bayou Road La Marque, Texas 77568 k.bell@cityoflamarque.org Re: Administrative Order; Docket Number: CWA-06-2022-1707 TPDES Permit Number: TX0114821 La Marque Westside Wastewater Treatment Plant Dear Mayor Bell: Enclosed is an Administrative Order (AO) issued to the City of La Marque 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 La Marque Westside Wastewater Treatment Plant (WWTP). The violations alleged are for failure to meet permit effluent limitations and monitoring requirements. The 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. 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-06-2022-1707 and TPDES Permit Number TX0114821 on your response. EPA acknowledges that the COVID-19 pandemic may impact your WWTP. If this is the case, please contact us regarding any specific issues you need to discuss. 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 Seager, Cheryl (!/JA,__,R._ ,8 _Au._M/',-- DN:cn=Seager, Cheryl, ....,,-- VO ,..,.,,,.........-zy email=Seager.Cheryl@epa.gov Date: 2022,01-21 15:49:24 -06'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosures ec: Kristy Deaver kristy.Deaver@tceq.texas.gov Lynley Doyen lynley.doyen@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-06-2022-1707; TPDES Permit Number: TX0114821 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 La Marque (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 La Marque Westside Wastewater Treatment Plant located at 2701B Woodland Street, in the City of La Marque, in Galveston County, Texas 77568 (facility), 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 West Bay in Segment No. 2424 of the Bays and Estuaries 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. 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. 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. 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. 8. Respondent applied for and was issued TPDES Permit No. TX0114821 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which was issued on December 19, 2016 and reissued on July 27, 2020. 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. 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. 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 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-06-2022-1707 Page 2 SECTION 309(a)(3) COMPLIANCE ORDER GENERAL PROVISIONS Based on the foregoing Findings and pursuant to the Respondent may seek federal judicial review of the authority of Section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), Order pursuant to Chapter 7 of the Administrative Procedure Act, EPA hereby orders Respondent to take the following action: 5 U.S.C. 701-706. 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 Ammonia Nitrogen, pH, Flow, Enterococci, Copper 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. 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 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. January 21, 2022 Date (i 1JA ;,..,L "'' -- -c'.) ,8. /4, , , ~ ,....-v-D Digitally signed by Seager, Cheryl DN: cn=Seager, Cheryl, email=Seager.Cheryl@epa.gov Date: 2022.01.21 15:48:26 -06'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Attachment A TX0114821 Permit Limits Effluent Characteristics Discharge Limitations Outfall 001 Daily Max mg/L (lbs/day) Daily Max mg/L (lbs/day) Ammonia Nitrogen 3 (75) 10 Total Copper 0.00766 (0.19) 0.0162 Enterococci 35 CFU/100ml 104 CFU/100ml 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 each chlorine contact chamber. 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 the dechlorination process. An equivalent method of disinfection may be substituted only with prior approval of the Executive Director. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored once per week by grab sample. The annual average flow of effluent shall not exceed 3.0 million gallons per day (MGD), nor shall the average discharge during any twohour period (2-hour peak) exceed 8,333 gallons per minute. TX0114821 Attachment B City of LaMarque-Effluent Violations Monitoring Period End Date 06/30/2018 06/30/2018 08/31/2018 08/31/2018 08/31/2018 08/31/2018 09/30/2018 09/30/2018 09/30/2018 09/30/2018 09/30/2018 10/31/2018 10/31/2018 10/31/2018 11/30/2018 11/30/2018 12/31/2018 12/31/2018 12/31/2018 01/31/2019 01/31/2019 01/31/2019 02/28/2019 03/31/2019 03/31/2019 03/31/2019 04/30/2019 04/30/2019 04/30/2019 05/31/2019 06/30/2019 Outfall 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 Parameter Monitoring Copper, total [as Cu] DAILY MX Enterococci DAILY AV Copper, total [as Cu] DAILY MX Enterococci DAILY AV Enterococci DAILY MX pH MAXIMUM Copper, total [as Cu] DAILY AV Copper, total [as Cu] DAILY AV Copper, total [as Cu] DAILY MX Flow, in conduit or thru trea DAILY AV pH MAXIMUM Chlorine, total residual MO MIN Copper, total [as Cu] DAILY MX Flow, in conduit or thru trea DAILY AV Copper, total [as Cu] DAILY AV Copper, total [as Cu] DAILY MX Copper, total [as Cu] DAILY AV Copper, total [as Cu] DAILY AV Copper, total [as Cu] DAILY MX Copper, total [as Cu] DAILY AV Copper, total [as Cu] DAILY AV Copper, total [as Cu] DAILY MX Copper, total [as Cu] DAILY AV Copper, total [as Cu] DAILY MX Enterococci DAILY AV Enterococci DAILY MX Copper, total [as Cu] DAILY AV Copper, total [as Cu] DAILY AV Copper, total [as Cu] DAILY MX Copper, total [as Cu] DAILY MX Enterococci DAILY AV Limit Unit Value mg/L .0162 CFU/10035. mg/L .0162 CFU/10035. CFU/100104. SU 9. lb/d .19 mg/L .00766 mg/L .0162 MGD 3. SU 9. mg/L 1. mg/L .0162 MGD 3. mg/L .00766 mg/L .0162 lb/d .19 mg/L .00766 mg/L .0162 lb/d .19 mg/L .00766 mg/L .0162 mg/L .00766 mg/L .0162 CFU/10035. CFU/100104. lb/d .19 mg/L .00766 mg/L .0162 mg/L .0162 CFU/10035. DMR Value .0164 51.6 .017 44. 163. 9.12 .4 .009 .02 3.3 10. .9 .027 3.052 .015 .02 .37 .015 .03 .34 .0129 .02531 .00828 .0202 118. 435. .231 .0174 .0283 .0257 74.8 Reported Number of Excursions 1 Missing data Missing data Missing data Missing data Missing data Missing data Missing data Missing data Missing data Missing data Missing data Missing data Missing data 06/30/2019 001 08/31/2019 001 08/31/2019 001 08/31/2019 001 09/30/2019 001 02/29/2020 001 06/30/2020 001 06/30/2020 001 06/30/2020 001 06/30/2020 001 09/30/2020 001 09/30/2020 001 09/30/2020 001 10/31/2020 001 11/30/2020 001 11/30/2020 001 11/30/2020 001 01/31/2021 001 Enterococci DAILY MX Enterococci DAILY AV Enterococci DAILY MX Nitrogen, ammonia total [as DAILY MX Enterococci DAILY MX Copper, total [as Cu] DAILY MX Copper, total [as Cu] DAILY AV Copper, total [as Cu] DAILY AV Copper, total [as Cu] DAILY MX Enterococci DAILY AV Copper, total [as Cu] DAILY MX Enterococci DAILY AV Enterococci DAILY MX Copper, total [as Cu] DAILY MX Copper, total [as Cu] DAILY AV Copper, total [as Cu] DAILY AV Copper, total [as Cu] DAILY MX Enterococci DAILY MX CFU/100104. 260.3 CFU/10035. 119. CFU/100104. 461. mg/L 10. 12.08 CFU/100104. 1990. mg/L .0162 .0184 lb/d .19 .237 mg/L .00766 .0136 mg/L .0162 .0367 CFU/10035. 37.2 mg/L .0162 .0298 CFU/10035. 232. CFU/100104. 980. mg/L .0162 .0364 lb/d .19 .2674 mg/L .00766 .0181 mg/L .0162 .0967 CFU/100104. 436. Missing data Missing data Missing data Missing data Missing data Missing data Missing data Missing data Missing data Missing data Missing data Report Number of Maximum Excursions for Reporting Period