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,~ED sr4,. ."'~-. "" ~ ~ ~ ~~ ~ i "' '!. 5> ~ 1\~ ~..ql PR01~C UNITED STATES ENVIRONMENTAL PROTECTION REGION6 1445ROSSAVENUE,SUITE1200 DALLAS, TEXAS 75202-2733 March 4, 2013 AGENCY CERTIFIED MAIL- RETURN RECEIPT REQUESTED: 7010 2780 0002 4353 6389 The Honorable Jerry Bums Mayor, City of White Settlement 214 Meadow Park Drive White Settlement, TX 76108-2424 Re: PWS ID Number: TX2200081 Administrative Order, Docket Number: SDWA-06-2013-1238 Dear Mayor Bums: Enclosed is an Administrative Order (Order) issued to the City of White Settlement for violation of the Safe Drinking Water Act (Act), 42 U.S.C. 300f, et seq., and its implementing regulations, 40 C.F.R. Part 141. The Environmental Protection Agency (EPA) finds that the City of White Settlement owns or operates the public water system (PWS) identified in the Order and is therefore subject to these regulations. This Order also requires certain actions and information demands. This Order requires immediate compliance with the maximum contaniinant levels (MCLs) for combined radium 226 and radium 228, and gross alpha particles as set forth in Section 1412 ofthe Act, 42 U.S.C. 300g-l. If immediate compliance is not possible, the City of White Settlement must submit a treatment alternative with a construction and/or repair schedule that will achieve complianGe no later than eighteen (18) months from the effective date of the enclosed Order. Compliance with the MCLs is based on a running annual average. As described in the enclosed Order, the City of White Settlement is required to deliver drinking water that meets the national standards for combined radium 226 and radium 228 and gross alpha particles and to conduct quarterly monitoring to ensure compliance with the MCL. Please be aware that failure to comply with this Order may subject you to additional enforcement action by EPA, including the initiation of legal proceedings to seek monetary penalties. EPA also wants you to be aware of a new process in Texas that was created to help facilities secure technical assistance and funding to address these types of issues. The Texas Water Infrastructure Coordination Committee (TWICC) was formed with representation from stakeholders, funding entities, and federal and state partners to identify water and wastewater infrastructure and compliance issues and to seek affordable, sustainable and innovative funding strategies for the protection of public health. If you feel your system could benefit from the TWICC, please let us know so that we can discuss the matter with you. Re: Administrative Order 2 City of White Settlement The PWS is also required to comply with all applicable Texas regulations in Title 30 Texas Administrative Code (TAC) Chapter 290, Subchapter D. Most treatment options require the submittal of engineering plans and specifications to the Texas Commission on Environmental Quality (TCEQ) for review and approval as indicated in 30 TAC 290.390). The engineering plans and specifications and any pilot study report must be prepared by a Texas licensed professional engineer as required in 30 TAC 290.39(d)(l) and 290.42(g), respectively. Please send engineering submittals to the TCEQ's Public Drinking Water Section address referenced in paragraph J ofthe Order and include the EPA Docket Nnmber. If you need assistance, or have questions regarding the Order, please contact Mr. Mehdi Taheri, of my staff, at (214) 665-2298. Director Compliance Assurance and Enforcement Division Enclosure cc: Mr. Bryan Sinclair, Director Enforcement Division Texas Commission on Environmental Quality P.O. Box 13087 Austin, TX 78711-3087 Ms. Linda Brookins, Director Water Supply Division Texas Commission on Environmental Quality P.O. Box 13087 Austin, TX 78711-3087 U.S. ENVIRONMENTAL PROTECTION AGENCY-REGION 6 FINDINGS OF VIOLATION, COMPLIANCE ORDER, AND INFORMATION DEMAND In the Matter of City of: White Settlement Water System Owned/Operated by the City of White Settlement, Respondent Docket No. SDWA-06-2013-1238, PWS ID # TX2200081 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"), by Sections 1414(g) and 1445 of the Safe Drinking Water Act ("the Act"), 42 U.S.C. 300g-3(g) and 300j-4. The Administrator delegated the authority to issue this Order to the Regional Administrator of EPA Region 6 who delegated such authority to the Director of the Campliance Assurance and Enforcement Division. FINDINGS 15 pCi!L for gross alpha particles as specified in 40 C.F.R 141.66(b) and 40 C.F.R 141.66(c), respectively. Respondent monitored for combined radium 226 and radium 228 during each of the last four quarters from the 2nd quarter of 2011 through the 1st quarter of 2012, resulting in a running annual average of 5.93 pCi/L, in violation of the MCL specified in 40 C.F.R. 141.66(b). Respondent monitored for gross alpha particles during the last four quarters from the 3'd and the 4th quarters of 20 I 0 and from the 2"d and 4th quarters of 2011, resulting in a combined annual average of 16.33 pCi!L, in violation of the MCL specified in 40 C.F.R. 141.66(c). I. The City of White Settlement ("Respondent") is a "person," as defined by Section 1401(12) of the Act, 42 U.S.C. 300f(l2). 2. At all times relevant to the violations alleged herein ("relevant time period"), Respondent owned or operated the City of White Settlement water system, a public water system ("PWS"), as defmed by Section 1401(4) of the Act, 42 U.S.C. 300f(4), located in White Settlement, Tarrant County, Texas ("facility"), designated as PWS number TX2200081. 3. As a PWS and a "supplier of water," Respondent is subject to the regulations promulgated by EPA pursuant to Section 1412 of the Act, 42 U.S.C. 300g-l, entitled National Primary Drinking Water Regulations ("NPDWR"). 4. During the relevant time period, Respondent's PWS served as a "community water system," as defined by Section 1401(15) of the Act, 42 U.S.C. 300f(15). 5. The Texas Commission on Environmental Quality ("TCEQ") and the EPA have enforcement authority for the PWS provisions of the Act in the State of Texas. TCEQ and EPA have consulted regarding this Order, and it has been agreed that EPA would initiate this enforcement action. 6. During the relevant time period, Respondent's PWS was required to conduct monitoring to determine compliance regarding combined radium 226 and radimn 228 and gross alpha particles, which are radionuclides. Respondent is required to comply with a running armual average maximum contaminant level ("MCL") of 5 pCi/L for combined radium 226 and radium 228, and a running annual average MCL of 7. Respondent is required to comply with the combined radium 226 and radium 228, and gross alpha particles requirements of the Act, as set forth in Section 1412 of the Act, 42 u.s.c. 300g-1. SECTION 1414(g) COMPLIANCE ORDER Based on these findings and pursuant to the authority of Section 1414(g) of the Act, 42 U.S.C. 300g-3(g), EPA orders Respondent to take the following actions: A. Respondent shall comply with 40 C.P.R. 141.3l(b) and notify both EPA and TCEQ within forty-eight (48) hours in the event of combined radium 226 and radimn 228 and/or gross alpha particles MCL violations. B. If Respondent has not provided public notice, as required by 40 C.F.R. 141.201, regarding the violations specified in paragraph 6, the Respondent shall, within thirty (30) days of issuance of this Order, provide a public notice of the violations as set forth in 40 C.F.R. 141.201. Respondent shall submit a copy of the public notice to EPA and TCEQ within forty (40) days of the effective date of this Order. C. Within fifteen (15) calendar days of the effective date of this Order, Respondent shall contact Mr. Mehdi Taheri, in writing, informing him whether Respondent will comply with the terms of this Order. D. Respondent shall immediately comply with 40 C.F.R. 141.66(b) and 40 C.F.R 141.66(c) regarding radionuclide MCLs. If immediate compliance is not technically feasible, then the respondent must comply with E thru K below. Docket No. SDWA-06-2013-1238 Page2 E. Respondent shall achieve and maintain compliance with the MCLs for combined radium 226 and radium 228 and gross alpha particles set forth at 40 C.F.R. 141.66(b) and 40 C.F.R. 141.66(c) no later than eighteen (18) months after the effective date of this Order. SECTION 14451NFORMATION DEMAND and Public Drinking Water Section Water Supply Division, MC 155 Texas Commission on Enviromnental Quality P.O. Box 13087 Austin, TX 78711-3087 Based on these fmdings and pursuant to the authority of Section 1445 of the Act, 42 U.S.C. 300j-4, Respondent is required to do the following: F. Within ninety (90) days of the effective date of this Order, Respondent shall submit to EPA an initial report on the progress made to bring the PWS into compliance with the combined Radium 226 and Radium 228 and gross Alpha Particles MCLs. 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. Respondent shall notify EPA when all improvements have been completed. G. Within one hundred and twenty (120) days of the effective date of this Order, Respondent shall submit to EPA a detailed plan to bring the System into compliance with the MCLs for combined radium 226 and radium 228, and gross alpha particles. 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. The plan must be submitted to EPA for approval before construction can commence. H. Once EPA approves in writing the plan submitted by Respondent, the approved plan shall be incorporated into this Order, including the schedule for construction, and Respondent shall comply with the terms specified in the approved plan. I. The reporting required by this Order must be provided by the Respondent to EPA at the following address: GENERAL PROVISIONS This Order is effective upon receipt by Respondent. Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. Section 706, which is set forth at http://uscode.house.gov/download/pls/05C7.txt, states the scope of such review. This Section 1414(g) Compliance Order and the Section 1445 Information Demand do not constitute a waiver, suspension, or modification of the requirements of 40 C.F.R. Part 141 or other applicable federal and state requirements, which remain in full force and effect. Issuance of this Section 1414(g) Compliance Order and Section 1445 Information Demand is not an election by EPA to forego any civil or any criminal action otherwise authorized under the Act. Violation of any term of this Section 1414(g) Compliance Order and the Section 1445 Information Demand or the Act may subject Respondent to an administrative civil penalty of up to $32,500 under Section 1414(g) of the Act, 42 U.S.C. 300g-3(g), or a civil penalty of not more than $37,500 per day per violation, assessed by an appropriate United States District Court under Section 1414(g)(3)(A) of the Act, 42 U.S.C. 300g-3(g)(3)(A). This Order shall be binding on the PWS cited herein and all its successors and assigns. No change in ownership of the PWS shall alter the responsibility of the PWS under this Order. Mr. Mehdi Taheri Water Enforcement Branch (6EN-W) U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 ~ ~ 1'3 Date J. Regarding Parts A and B in the Order Section, Respondent shall submit a copy of the public notice to TCEQ at the following addresses: Order Compliance Team Enforcement Division, MC 149A Texas Commission on Environmental Quality P.O. Box 13087 Austin, TX 78711-3087 Compliance Assurance and Enforcement Division