Document pBzyBGx4B61xoDD2J5xN6nO2X

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 1445 ROSS AVENUE, SIDTE 1200 DALLAS, TEXAS 75202-2733 OCT 14 2016 CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7005 1820 0003 7450 4484 Mr. Curtis Campbell, General Manager Red River Authority of Texas P.O.Box240 WichltaFalls, TX 76307-0240 Re: Consent Agreement and Final Orders Hinds Wildcat, PWS ID Number TX2440005, Docket Number: SDWA-06-2016-1202 Guthrie-Dumont, PWS ID Number TX1350001, Docket Number: SDWA-06-2016-1206 Truscott Gilliland, PWS ID Number TX1380006, Docket Number: SDWA-06-20 16-1207 Dear Mr. Campbell: Ibis is to acknowledge receipt ofthe signed Consent Agreement and Final Orders (CAPOs). The Environmental Protection Agency hereby issues the enclosed CAPOs. The CAPOs are effective from the date of filing with the Regional Hearing Clerk. The penalty payments are due within tbirty (30) days after the effective date. 1f you have any questions regarding tbis matter, please contact Mehdi Taheri, of my staff, at (214) 665-2298. Enclosure Stephen A Gilrein, P.E. Acting Director Compliance Assurance and , . Enforcement Division RRA of Texas CAPOs Page2 cc: Mr. Bryan Sinclair Director, Enforcement Division Texas Commission on Environmental Quality P.O. Box 13087 Austin, TX 78711-3087 Ms. Cari-Michel La Caille Director, Water Supply Division Texas Commission on Environmental Quality P.O. Box 13087 Austin, TX 78711-3087 Ms. Emily W. Rogers BickerstaffHealth Delgado Acosta LLP 3711 S. MoPac Expressway Building One, Suite 300 Austin, TX 78746 .., UNITED STATES ENVJRONMENTAL PROTECTION AGENCY fILED REGION 6 2016 OCT 18 ~.1110: 32 In the Matter of Docket No. SDWA-06-20l~.flCl.UtHf,L h2 t.>.;W-!0 CLERK EPA HEGiOi'l VI Red River Authority of Texas Respondent Guthrie-Dumont Water System PWS ID Number: TX1350001 CONSENT AGREEMENT AND FINAL ORDER Proceedings under Section 1414(g)(3) ofthe Safe Drinking Water Act, 42 U.S.C. 300g-3(g)(3) I. STATUTORY AUTHORITY This Consent Agreement and Final Order ("CAPO") is issued under the authority vested in the Administrator of the United States Environmental Protection Agency ("EPA") pursuant to Sectipn 1414(g)(3), 42 U.S.C. 300g-3, of the Safe Drinking Water Act ("Act"). This CAPO is issued in accordance with 40 C.P.R. 22.18, as set fmth in the "Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits," 40 C.P.R. Part 22. II. CONSENT AGREEMENT 1. On April 27, 2016, EPA Region 6 issued to Red River Authority of Texas ("Respondent") an Administrative Complaint ("Complaint") pursuant to Section 1414(g)(3) of the Act, which proposed to assess a civil penalty against Respondent, and gave notice of Respondent's opportunity to request a hearing on the proposed administrative penalty assessment. Page 2 of 11 Docket No. SDWA-06-2016-1206 2. Respondent. and EPA (collectively, "Parties") agree that settlement of the relevant matters without li1;igation will save time and resources, that it is in the public's interest, and that the entry of this CAFO is the most appropriate means of resolving such matters. Compliance with all the terms and conditions of this CAFO resolves only those violations alleged in the Complaint. 3. Respondent expressly waives any right to contest the factual allegations or conclusions of law contained in .the Complaint and thls CAFO and waives its right to appeal the Final Order set forth herein. 4. Before the taking of any testimony, and without adjudication of any issue of law or fact, the Parties agree to the terms of this CAFO and to its issuance. Respondent consents to the assessment and payment of a civil penalty in the amouut and by the method stated below. III. FINDINGS OF FACT AND CONCLUSIONS OF LAW 5. During the time period relevant to the violations alleged in the Complaint and herein, Respondent, Red River Authority of Texas, is a "person," as defined. by Section 1401(12) of the Act, 42 U.S.C. 300f(l2). 6. During the relevant time period, Respondent owned or operated a public water system ("PWS"), also referred to aS the ("facility"), as defined by Section 1401(4) of the Act, 42 U.S.C. 300f(4). The PWS is located in King Couuty, Texas, and designated as PWS number TX1350001. 7. During the relevant time period, Respondent's PWS was a "community water system" as defined by Section 1401(15) of the Act, 42 U.S.C. 300f(15). ' ' Page 3 of 11 Docket No. SDWA-06-2016-1206 8. According to Section 1401(4) of the Act, 42 U.S.C. 300f (4), a PWS provides water to the public for human consumption, if such system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year. 9. According to Section 1401(15) of the Act, 42 U.S.C. 300f (15), a "community water system" means a PWS that serves at least fifteen (1.5) service connections used by yearround residents served by the system or that regularly serves at least twenty-five (25) year-round residents. I0. The facility serves over 25 residents year-round and is therefore a community water system. 11. As an owner or operator of a PWS, Respondent is a supplier of water pursuant to Section 1401(5) ofthe Act, 42 U.S.C. 300f(5). 12. Respondent, as a supplier of water, and the facility, as a community PWS, are subject to the regulations promulgated by EPA pursuant to Section 1412 of the Act, 42 U.S.C. 300g-1, entitled National Primary Drinking Water Regulations (''NPDWR"). 13. At all times relevant to the violations alleged herein, Respondent's facility was subject to the maximum contaminant level requirements for nitrate as described by 40 C.F.R. !41.62(b)(7). 14. During the relevant time period, Respondent's facility was required to conduct monitoring to determine compliance regarding nitrate levels. Respondent is required to comply with a Maximum Contaminant Level ("MCL") of 10.0 mg!L for nitrate as specified in 40 C.P.R. 141.62(b)(7). Page 4 of 11 Docket No. SDWA-06-2016-1206 15. Respondent monitored for nitrate in the last four quarters from the 1'1 quarter of 2011 through the 4th quarter of 2011, and reported values of 15.1 mg/L, 14.2 mg/L, 13.8 mg/L, and 14.3 mg/L for nitrate in violation of the MCL specified in 40 C.P.R. 141.62(b)(7). 16. On September 10, 2012, EPA issued Administrative Order Docket Number SDWA-06-2012-1253 ("Order") (Attached and incorporated herein as Attachment A) to Respondent, pursuant to EPA's authority der Section 1414(g) of the Act, 42 U.S.C. 300g-3(g), citing MCL violations, and ordered, among other requirements, the following: "A. Respondent shall comply with 40 C.RR. I41.31 (b) and notify both TCEQ and EPA within forty-eight (48) hours in the event of nitrate MCL violations." "D. Within one hundred and twenty (120) days of the effective date of this Order, Responc!ent shall submit to EPA a. detailed plan to bring the System into compliance with the MCL for nitrate. The plan shall include: 1) a system modification proposal; 2) a cost analysis of system modifications; and 3) a construction schedule for the project. The schedule shall include specific milestone dates and a final compliance date that is no later than eighteen (18) months from the effective date of this Order." "F. Respondent must achieve and maintain compliance with 40 C.F.R. 141.62(b)(7) by the date specified in the approved plan, or not later than eighteen (18) months after the effective date of this Order." "G. Within sixty (60) days of this Order, Respondent shall submit to EPA an initial report on the progress made to bring the PWS into compliance with the nitrate MCL. Following the initial report, a quarterly progress report shall be submitted to EPA within ten (1 0) days after the end of each calendar quarter." 17. The effective date ofthe Order was June 19, 2012. 18. The Complaint specified Findings of Fact and Conclusions of Law that are hereby incorporated by reference and alleged, among other things, that the at the relevant times: Respondent exceeded the nitrate MCL on nllinerous occasions; Respondent failed to comply with the Order by failing to notify EPA and TCEQ in the event of nitrate MCL violations, by failing to submit a detailed plan to bring the facility into compliance with the nitrate MCL, by failing to achie~e compliance with nitrate MCL within eighteen months after the effective date of ' .. Page 5 of 11 Docket No. SDWA-06-2016-1206 the Order, and by failing to submit certain quarterly progress reports; Respondent therefore violated the Order and is liable for a civil penalty pursuant to Section 1414(g) of the Act, 42 u.s.c. 300g-3(g). IV. PENALTY ORDER 19. Based on the foregoing stipulations, EPA Region 6, having taken into account the factors used for assessment of civil penalties found in Section 1414(b)(2)(c) of the Act, 42 U.S.C. 300g-3(b)(2), hereby orders, and Respondent agrees, that Respondent shall pay to the United States a civil penalty in the amount of nineteen thousand dollars ($19,000.00) to settle the violations alleged in the Complaint. 20. Payment shall be made by one of the following methods within thirty (30) days after the effective date of this CAFO: a. By mailing a banlc check, cashier's check or certified check, payable to "Treasurer of the United States," to the following address: U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979077 St. Louis, MO 63197-9000 b. By wire transfer to: Federal Reserve Bank ofNew York ABA: 021030004 Account Number: 68010727 SWIFT address: FRNYUS33 33 Liberty Street New York, NY 10045 Field Tag 4200 of the Fedwire message should read: "D 68010727 Environmental Protection Agency" Page 6 of ll Docket No. SDWA-06-2016-1206 c. By overnight mail (Express, FedEx, DHL, etc.): U.S. Bank Government Lockbox 979077 U.S. EPA Fines & Penalties 1005 Convention Plaza SL-MO-C2-GL St. Louis, MO 63101 Phone: 314-418-1028 d. By credit card payments to https://www.pay.gov (Enter sfo1.1 in the search field) "In Red River Authority of Texas, Docket No. SDWA-06-2016-1206" should be clearly marked on the check to ensure credit for payment. 21. Respondent shall send simultaneous notices of the payment, including a copy of the check, or other remittance, to each of the following: (a) Regional Hearing Clerk (6RC-D) U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 (b) Chief, Water Resources Section (6EN-WR) U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 (c) Chief, Water Legal Branch (6RC-EW) U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Respondent's adherence to these procedures will ensure proper credit whim payment'is received by EPA. 22. Respondent agrees not to claim or attempt to claim a federal income tax deduction or credit covering all or any part of the civil penalty paid to the United States Treasurer. .. Page 7 of 11 Docket No. SDWA-06-2016-1206 23. Pursuant to 31 U.S.C. 3717 and 40 C.P.R. 13.11, unless othetwise prohibited by law, EPA will assess interest and late payment penalties on outstanding debts owed to the United States that are not paid by the due date and a charge to cover the cost of processing and handling a delinquent claim. Interest on the civil penalty assessed in this CAPO will begin to accrue thirty (30) days after the effective date of the CAPO and will be recovered by EPA on any amount of the civil penalty that is not paid by the respective due date. Interest will be assessed at the rate of the United States Treasury tax and loan rate in accordance with 40 C.P.R. 13.11(a). Moreover, the costs of the Agency's administrative handling of overdue debts will be charged and assessed monthly throughout the period the debt is overdue. See 40 C.P.R. 13.11(b). 24. EPA will also assess a fifteen dollar ($15.00) administrative handling charge for administrative costs on unpaid penalties for the first thirty (30)-day period after the payment is due and an additional fifteen dollars ($15.00) for each subsequent thhty (30)-day period that the penalty remains unpaid. In addition, a penalty charge of up to six percent (6%) per year will be assessed monthly on any portion of the debt which remains delinquent more than ninety (90) days. See 40 C.P.R. 13.11(c). Should a penalty 'charge on the debt be required, it shall accrue from the first day payment is delinquent. See 31 C.P.R. 901.9(d). Other penalties for failure to make a payment may also apply. 25. Pmsuant to 1414(g)(3)(D) of the Act, 42 U.S.C. 300g-3(g)(3)(D), any person who fails to pay on a timely basis a civil penalty ordered or assessed under this section shall be required to pay, in addition to such penalty and interest, the United States' enforcement expenses including, but not limited to, attomeys' fees and costs incurred by the United States for collection proceedings, and a quarterly non-payment penalty for each quarter during which such failure to pay persists. Such non-payment penalty shall be twenty percent (20%) of the Page 8 of 11 Docket No. SDWA-06-2016-1206 aggregate amount of such person's outstanding penalties and non-payment penalties accrued as of the beginning of each quarter. 26. Failure by Respondent to pay the penalty assessed according to the terms of thi.s CAPO, in full, by its due date, may subject Respondent to a civil action to collect the assessed penalty and any accrued interest and penalties. 27. In the event a collection action is necessary, Respondent shall pay in addition to any applicable penalty, fees, and interest described herein all reasonable costs and expenses, including legal expenses and court costs, incurred by the United States for enforcement and collection proceedings for non-payment of the amounts agreed hereunder, pursuant to Section 1414(g)(3)(D) of the Act, 42 U.S.C. 300g-3(g)(3)(D). In any such collection action, the validity, amount, and appropriateness of the penalty, and the terms of this CAPO shall not be subject to review. V. GENERAL PROVISIONS 28. To execute this Agreement, Respondent shall sign and forward a copy of this CAPO, with original signature, to: Mr. Efren Ordofiez Office of Regional Counsel (6RC-EW) U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 29. Issuance of this CAPO does not relieve Respondent from responsibility to comply with all requirements of the Act and the requirements of any permits issued thereunder, nor does it constitute a waiver by EPA of its right to enforce compliance with the requirements of any applicable permits or other requirements of the Act by actions under the authority of the Act, except as to any requirement to pay any penalty or perform any corrective action not described herein for the violations alleged in the Complaint. ' . Page 9 of 11 Docket No. SDWA-06-2016-1206 30. The provisions of this CAFO shall be binding upon Respondent, its officers, directors, managers, agents, representatives, employees, successors and assignees. Each party agrees to bear its own costs and attorneys' fees in this matter, except to the extent that Respondent may be responsible forreasonable costs and expenses of enforcement and collection proceedings for failure to comply with the terms ofthis CAPO.. 31. Each undersigned representative of the Parties to this agreement certifies that he or she is fully authorized by the party represented to enter into the terms of this agreement and legally bind that party to it. In recognition and acceptance of the foregoing: For Red River Authority of Texas Date Date Director Compliance Assurance and Enforcement Division Page 10 of 11 Docket No. SDWA-06-2016-1206 , VI. FINAL ORDER Pursuant to fue Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, 40 C.F.R. Part 22, fue foregoing Consent Agreement and Final Order ("CAFO") is hereby ratified. This CAFO shall not in any case affect the right of EPA or the United States to pursue appropriate injunctive or other equitable relief or criminal sanctions for any violations of law. This CAFO shall resolve only fuose causes of action alleged in the Complaint. Nothing in this CAFO shall be construed to waive, extinguish, or otherwise affect Respondent's (or its officers', agents', servants', employees', successors', or assigns') obligation to comply with all applicable Federal, State, and local statutes and regulations, including the regulations subject to this action. The Respondent is ordered to comply with the terms of settlement and the civil penalty payment instructions as set forth in the CAFO. Pursuant to 40 C.F.R. 22.31 (b), this Final Order shall become effective upon filing with the Regional Hearing Clerk. Issuance Date: Iojl1 II (p Regional Judicial EPA, Region 6 I" Page 11 of 11 Docket No. SDWA-06-2016-1206 CERTIFICATE OF SERVICE I hereby certify that on the /f'~ay of~ , 2016, the original of the foregoing CAPO was hand-delivered to the Regional Hearing Clerk (6RC-D), EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, and that true and correct copies were placed in the United States mail, frrst class, postage prepaid, addressed to each of the following: Copy by certified mail Return receipt requested: Original hand-delivered: Copy hand-delivered: Ms. Emily Rogers Bickerstaff Health Delgado Acosta LLP 3711 S. MoPac Expwy, Building One, Suite 300 Austin, TX 78746 Regional Hearing Clerk (6RC-D) U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Mr. Efren Ordofiez U.S. EPA, Region 6 (Mail Code 6RC-EW) 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Date: !P/1~