Document dnNyNmVr62K52gybKkpe7jk7Q

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 August 31, 2021 TRANSMITTED VIA E-MAIL Mr. Billy Allen, General Manager Harris County Fresh Water Supply District No. 51 P.O. Box 24338 Houston, Texas 77229 ballen@fwsd51.us Re: Administrative Order; Docket Number: CWA-06-2021-1774 Harris County Fresh Water Supply District No. 51 Wastewater Treatment Plant TPDES Permit Number: TX0025062 Dear Mr. Allen: Enclosed is an Administrative Order (AO) issued to the Harris County Fresh Water Supply District No. 51, 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 Harris County Fresh Water Supply District No. 51 Wastewater Treatment 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 vaughn.alan@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-06-2021-1774 and TPDES Permit Number TX0025062 on your response. EPA acknowledges that the COVID-19 pandemic may impact your district. If this is the case, please contact us regarding any specific issues you need to discuss. If you have any questions, please contact Mr. Alan Vaughn of my staff, at (214) 665-7487 or vaughn.alan@epa.gov. Sincerely, Digitally signed by CHERYL SEAGER ON: c=US, o=US. Government, rj ~ ou=Environmental Protection Agency, cn=CHERYL SEAGER, 0.9.2342.19200300.100.1.1 =68001003651793 Date: 2021.08.31 14:17:20-05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure ec: sandra.douglas@tceq.texas.gov 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-06-2021-1774; TPDES Permit Number: TX0025062 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. Harris County Fresh Water Supply District No. 51 (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 Harris County Fresh Water Supply District No. 51 Wastewater Treatment Plant (facility) located at 14701 Woodforest Boulevard, east of Carpenters Bayou, Harris County, Texas 77530, 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 Carpenters Bayou Tidal, which is part of the Houston Ship Channel Tidal in Segment No. 1006 of the San Jacinto 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. 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. TX0025062 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which was issued on August 26, 2014, and was re-issued on January 30, 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. 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-06-2021-1774 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, E. coli, and Whole Effluent Toxicity 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: Mr. Alan Vaughn Water Enforcement Branch (ECDWM) U.S. EPA, Region 6 1201 Elm St. Suite 500 Dallas, TX 75270-2102 and vaughn.alan@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. August 31, 2021 Date Digitally signed by CHERYL SEAGER ON: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=CHERYL SEAGER, 0.9.2342.19200300.100.1.1=68001003651793 Date: 2021.08.31 14:12:50-05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Effluent Characteristics Outfall 001 Ammonia Nitrogen April - October November - March E. coli Outfall TX1 - Whole Effluent Toxicity *Permit Effective Aug. 26, 2014 Lethal Whole Effluent Toxicity for ceriodaphnia dubia and pimephales promelas Sublethal Whole Effluent Toxicity for ceriodaphnia dubia and pimephales promelas *Permit Effective January 30, 2019 Lethal Whole Effluent Toxicity for ceriodaphnia dubia and pimephales promelas Sublethal Whole Effluent Toxicity for ceriodaphnia dubia and pimephales promelas Attachment A TX0025062 Permit Limits Discharge Limitations Daily Avg. mg/L (lbs/day) Daily Max mg/L (lbs/day) 3 (158) 4 (210) 126 CFU/100mL Monthly Avg. Min. 7 7 399 CFU/100mL 7-Day Min. 94% 94% 80% 80% 91% 91% 80% 80% ATTACHMENT B Harris County FWSD No. 51 TX0025062 Monitoring Period 03/31/2018 03/31/2018 03/31/2018 03/31/2018 03/31/2018 11/30/2018 12/31/2018 12/31/2018 01/31/2019 04/30/2019 05/31/2019 05/31/2020 06/30/2020 06/30/2020 06/30/2020 07/31/2020 08/31/2020 09/30/2020 09/30/2020 09/30/2020 12/31/2020 12/31/2020 12/31/2020 12/31/2020 12/31/2020 12/31/2020 Outfall Parameter 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] TX1 Whole effluent toxicity TX1 Whole effluent toxicity TX1 Whole effluent toxicity 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 E. coli 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] TX1 Whole Effluent Toxicity [WET] - C. dubia TX1 Whole Effluent Toxicity [WET] - C. dubia TX1 Whole Effluent Toxicity [WET] - P. promelas TX1 Whole Effluent Toxicity [WET] - P. promelas TX1 Whole Effluent Toxicity [WET] - P. promelas TX1 Whole Effluent Toxicity [WET] - P. promelas Statistical Descriiption Units Permit DMR Limit Value DAILY AV mg/L 4. 4.5 I DAILY MX 7 DA MIN MO AV MN MO AV MN DAILY MX DAILY AV DAILY MX DAILY MX DAILY MX DAILY MX DAILY MX DAILY AV DAILY AV DAILY MX DAILY MX DAILY MX DAILY AV DAILY AV DAILY MX 7 DA MIN MO AV MN 7 DA MIN 7 DA MIN MO AV MN MO AV MN mg/L 7. % 80. % 80. % 94. mg/L 7. mg/L 4. mg/L 7. mg/L 7. mg/L 7. mg/L 7. CFU/100mL 399. lb/d 158. mg/L 3. mg/L 7. mg/L 7. mg/L 7. lb/d 158. mg/L 3. mg/L 7. % 80. % 80. % 80. % 91. % 80. % 91. 19.5 < 30 I < 30 < 94 I 11.7 5.4 I 12.8 9.6 I 8.8 8.9 I 551. 317.2 I 12.5 23.3 I 9.5 18.5 I 201.9 8.3 I 23.4 38. I 38. 51. I 80. . 51. I 80.