Document RJ8aw7gQeLXmXyp6eV62YavEE

:1;tED sr4h ."''~'- .-... fP - - '0 ~ ~ ~ ~ "{ ~ ;. '-t- "-'..0 ~, PRO'"" UNITED STATES ENVIRONMENTAL PROTECTION REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TEXAS 75202-2733 Nil J I) 2!JJE -~~- AGENCY CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7005 1820 0003 7458 3847 Captain Steve Banta, Commanding Officer Naval Air Station Corpus Christi United States Department of the Navy 11001 D Street (Code 186) Corpus Christi, TX 78419 Re: Administrative Order; Docket Number: CWA-06-2018-1745 Naval Air Station Corpus Christi TPDES Permit Number: TX0007889 Dear Captain Banta: Enclosed is an Administrative Order (AO) issued to the United States Department of the Navy for violation of the Clean Water Act (CWA) (33 U.S.C. 1387). Violations were identified during a review of the permit file and discharge monitoring repmis submitted for the Naval Air Station Corpus Christi. The violations alleged are for failure to meet pennit effluent limitations for Carbonaceous Biochemical Oxygen Demand (CBOD), Free Cyanide, Free Nickel, Enterococci and Total Residual Chlorine (TRC). 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 AO also contains other compliance deadlines and specified information. The Environmental Protection Agency Region 6 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-06-2018-1745 and TPDES Permit Number TX0007889 on your response. If you have any questions, please contact Ms. Judy Edelbrock, of my staff, at (214) 665-8582. Sincerely, ~~ Cheryl T. Seager Director Compliance Assurance and Enforcement Division Re: United States Department of the Navy Administrative Order 2 cc: Mr. Sandy Van Cleave (MC 169) Manager, Enforcement Section Texas Commission on Environmental Quality 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-06-2018-1745, TPDES Petmit Number: TX0007889 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. I319(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. The United States Department of the Navy ("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.P.R. 122.2. 2. At all times relevant to this Order ("all relevant times"), Respondent owned or operated the Naval Air Station, in Corpus Christi, Nueces County, Texas ("facility"), and was, therefore, an "owner or operator" within the meaning of 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 penni! 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 permit is a violation of Section 30l(a) of the Act, 33 U.S.C. 1311(a). 8. Respondent applied for and was issued TPDES Pennit No. TX0007889 ("permit") under Section 402 of the Act, 33 U.S.C. 1342, which was issued on November 2, 2015. At all relevant times, Respondent was authorized to discharge pollutants from the facility to waters ofthe United States only in compliance with the specific terms and conditions of the permit. 3. At all relevant times, the facility acted as a "point source" of a "discharge" of "pollutants" with its final wastewater discharge to the Corpus Christi Bay in Segment No. 2481 of the Bays and Estuaries, 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.P.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 30 I ofthe 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 fiom point sources to waters of the United States. Any such discharge is subject to the specific terms and conditions prescribed in the applicable 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. II. Cetiified DMRs filed by Respondent with TCEQ in compliance with the penni! 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.