Document zQm5RVXbr3a7YeRd70v45reKa

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 May 13, 2022 TRANSMITTED VIA E-MAIL The Honorable Chris Boswell Mayor of Harlingen 134 East Van Buren Avenue Harlingen, Texas 78550 cboswell@southtexlaw.com Re: Administrative Order; Docket Number: CWA-06-2022-1780 City of Harlingen Waterworks System Wastewater Treatment Facility TPDES Permit Number: TX0047929 Dear Mayor Boswell: Enclosed is an Administrative Order (AO) issued to the City of Harlingen, 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 City of Harlingen Waterworks System 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 edelbrock.judy@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-06-2022-1780 and TPDES Permit Number TX0047929 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 0.fo..1. J ~ CHERYL SEAGER ---o Date:2022.05.13 os:43:42 -osoo Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure(s) ec: kristy.deavers@tceg.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-06-2022-1780 TPDES Permit Number: TX0047929 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 Ac~, 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 30 I(a) of the Act, 33 U.S.C. 131 l(a). 1. City of Harlingen (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 City of Harlingen Waterworks System Wastewater Treatment Facility located at 1504 545th Street, Harlingen, in Cameron 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 Arroyo Colorado Above Tidal in Segment No. 2202 of the Nueces-Rio Grande Coastal 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, 1t 1s 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 compliarice 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. l 342(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. TX0047929 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which was issued on December 8, 2020. 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 conditio~s 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 pennit 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-06-2022-1780 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. 13 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 Total Suspended Solids, Ammonia Nitrogen and E.coli violations. C. Within thirty (30) days of the 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. 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 13, 2022 Date 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 edelbtockJudy@epa.gov ~ 11 .,{,.IU'V'- OigitallysignedbyCHERYL ' <:J. -----0 SEAGER Date: 2022.05.13 08:43:02 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Em uent Characteristics ; :: :-Y-f?:-;t--.,~ ~ ~ '.;;:;~ ~~~--! .(~ L, S ~ .Total Susp,ended Solids .., E.coli Attachment A TX0047929 Effluent Limits Discharge Limitations Daily Avg mg/L (lbs/day) 15 (1251) 3 (250) 126 CFU/100 ml Daily Max mg/L 40 IO 399 CFU/100 ml Attachment B-Effluent Violations TX0047929 CITY OF HARLINGEN WATERWORKS SYSTEM 04/30/2021 001 04/30/2021 001 05/31/2021 001 06/30/2021 001 06/30/2021 001 07/31 /2021 001 07/31 /2021 001 07/31/2021 001 11/30/2021 001 11/30/2021 001 12/31/2021 001 12/31/2021 001 12/31/2021 001 02/28/2022 001 02/28/2022 001 03/31/2022 001 P,ram,re, - . Nitrogen, ammonia total [as DAILY AV Nitrogen, ammonia total [as DAILY MX Nitrogen, ammonia total [as DAILY MX Nitrogen, ammonia total [as DAILY AV Nitrogen, ammonia total [as DAILY MX Nitrogen, ammonia total [as DAILY AV Nitrogen, ammonia total [as DAILY AV Nitrogen , ammonia total [as DAILY MX Nitrogen, ammonia total [as DAILY AV Nitrogen, ammonia total [as DAILY MX Nitrogen, ammonia total [as DAILY MX Solids, total suspended DAILY AV Solids, total suspended DAILY MX E.coli DAILY MX Nitrogen, ammonia total [as DAILY AV E. coli DAILY MX mg/L 3. mg/L 10. mg/ L 10. mg/L 3. mg/L 10. Ibi d 250. mg/L 3. mg/L 10. mg/L 3. mg/L 10. mg/L 10. mg/L 15. mg/L 40. CFU/10 399. mg/L 3. CFU/10 399. 3.284 3 13.2 3 11 .9 4.244 2 16.9 2 304.57 5 5.49 5 11 .7 5 3.514 4 12.3 4 10.8 4 15.39 3 372. 3 980. 3.309 921. 0