Document aJX608maGwr33G688wmY1YJ6e

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 May 16, 2022 TRANSMITTED VIA E-MAIL The Honorable Scott LeMay City of Garland. 13835 County Road 489 Nevada, Texas mayor@garlandtx.gov Re: Administrative Order; Docket Number: CWA-06-2022-1779 Garland Municipal Power-Ray Olinger Power Plant TPDES Permit Number: TX000 1848 Dear Mayor LeMay: Enclosed is an Administrative Order (AO) issued to City of Garland, 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 Garland Municipal Power-Ray Olinger Power Plant. The violations alleged are for failure to meet permit effluent limitations. The EPA requests that you immediately confirm receipt of this e-mail and the attached order by a response e-mail to edelbrock.iudy@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-06-2022-1779 and TPDES Permit Number TX0001848 on your response. EPA acknowledges that the COVID-19 pandemic may impact your city. 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 CHERYL t=ln..d ,0 A,..,.~ SEAGER ~---o ~-1) Date:2022.05.1614:26:02 05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure( s) ec: kristy.deavers@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-06-2022-1779 TPDES Permit Number: TX0001848 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 ofthe 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 pennit 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 pennit 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) pennits. Violation of a TPDES permit is a violation of Section 301(a) of the Act, 33 U.S.C. 1311 (a). 1. City of Garland (Respondent) is a "person," as that tennis 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 Garland Municipal PowerRay Olinger Power Plant located at 13835 County Road 489, Nevada, in Collin County, Texas 77024, 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 Lavon Lake in Segment No. 0821 of the Trinity River Basin which is a "water ofthe 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. TX0001848 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which was issued on February 5, 2020. At all relevant times, Respondent was authorized to discharge pollutants from the facility to waters ofthe United States only in compliance with thq 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 speci fie 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. l 0. The pennit 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 pennit 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 pennit. 11. Certified DMRs filed by Respondent with TCEQ in compliance with the permit show discharges of pollutants from the facility th~t exceed the permitted effluent limitations established in the pennit, 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 pennit and Section 301 of the Act, 33 U.S.C. 131 l. -. Docket No. CWA-06-2022-1779 Page2 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 Order authority of Section 309(a)(3) ofthe Act, 33 U.S.C. I 3 l 9(a)(3), pursuant to Chapter 7 of the Administrative Procedure Act, 5 EPA hereby orders Respondent to take the following action: 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 ofthe effective date ofthis Order, Respondent shall submit a list of the specific actions taken to correct the Free Available Chlorine, Total Residual Chlorine and pH violations. C. Within thirty (30) days ofthe effective date ofthis 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. May 16, 2022 Date Digitally signed by CHERYL l~LM,1. _g . A . ~ SEAGER V, - o ,~ - Date: 2022.05.16 14:24:57 05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Attachment A TX0001848 Effluent Limits Effluent Characteristics Discharge Limitations ~ '. ' Free Available Chlorine. Total Residual Chlorine'. .. Daily Avg mg/L (lbs/day) (46) 0.2 NIA Daily Max mg/L (114) 0.5 (137) 0.2 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored I/day by grab sample. Attachment B-Effluent Violations TX0001848 GARLAND, CITY OF 03/31/2021 001 06/30/2021 001 06/30/2021 001 Parameto, pH pH pH ;,I itn - - : MAXIMUM SU 9. 9.4 o MAXIMUM SU 9. 9.24 Missing # ex MINIMUM SU 5_ 5.85 Missing # ex 06/30/2021 101 pH MAXIMUM SU 9, 9.24 Missing # ex* 06/30/2021 101 pH MINIMUM SU 6. 5,85 Missing # ex 07/31/2021 001 Chlorine, total residual DAILY MX mg/L .2 .24 Missing # ex. 07/31 /2021 001 pH MAXIMUM SU 9. 9.22 Missing # ex 07/31/2021 001 pH MINIMUM SU 6. 5.44 Missing # ex* 08/31 /2021 001 Chlorine, total residual DAILY MX mg/L .2 .24 Missing# ex. 10/31/2021 001 Chlorine, free available DAILY AV mg/L .2 .24 10/31/2021 001 Chlorine, free available DAILY MX mg/L .5 .6 Missing # ex Please report and edit Number of Excursions