IN THE MATTER OF AN BEFORE THE ENFORCEMENT ACTION CONCERNING CITY OF HOUSTON WATER QUALITY PERMIT NO. 10495?002 WATER- QUALITY PERMIT NO. 10495-016 WATER QUALITY PERMIT NO. 10495?023 WATER QUALITY PERMIT NO. 10495?037 TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITNO. 10495?050 TPDES PERMIT NO. 10495?075 TPDES PERMIT NO. 10495-076 TPDES PERMIT NO. 10495?077 . TPDES PERMIT NO. 10495?090 WATER QUALITY PERMIT NO. 10495?111 TPDES PERMIT NO. 10495-139 TEXAS COMMISSION ON 3? AGREED ORDER DOCKET NO. ENVIRONMENTAL QUALITY At its NOV 0 9 2805 agenda, the Texas Commission on Environmental Quality ("the Commission" or considered this agreement of the parties, resolving an enforcement action regarding the City of Houston ("the City") under the authority of TEX. WATER CODE chs. 5, 7, 26, and TEX. HEALTH AND SAFETY CODE ch. 361. The Executive Director of the TCEQ, through the Enforcement Division, and the City presented this agreement to the Commission. The City understands that it has certain procedural rights at certain points in the enforcement process, including, but not limited to, the right to formal notice of violations, notice of an evidentiary hearing, the right to an evidentiary hearing, and a right to appeal. By entering into this Agreed Order, the City agrees to waive all notice and procedural rights. . It is further understood and agreed that this Order represents the complete and fully?integrated settlement of the parties. The provisions of this Agreed Order are deemed severable and, if a court of City of Houston - DOCKET NO. 2002-055 5 Page 2 competent jurisdiction or other appropriate authority. deems any provision of this Agreed Order unenforceable, the remaining provisions shall be valid and enforceable. The duties and responsibilities imposed by this Agreed Order are binding upon the City. The Commission makes the following Findings of Fact and Conclusions of Law?: I. FINDINGS OF FACT The City owns and operates the following wastewatertreatment plants (the ?Facilities?): a. Sims BayouWastewater Treatment Plant Water Quality Permit No. 10495 ?002, located at 9500 La Porte Road, Houston, Harris County; - 7 b. Fresh Water Supply District No. 23 WWTP, Water Quality Permit No.10495?016; located at 8219 Kellett Street, Houston, Harris County; c. Homestead WWTP, Water Quality Permit No. 10495-023, located at 5565? Kirkpatrick Boulevard, Houston, Harris County; . d. Southwest WWTP, Water Quality Permit No. 10495?037, located at 4503 Beechnut Street, Houston, Harris County; . e. Harris County Water Control and Improvement District No. 47 WWTP, TPDES Permit No. 104954050, located at 7410 Galveston Road, Houston, Harris County; f. Sagemont WWTP, TPDES Permit No. 10495?075, located at 11700 Sagearbor Drive, Houston, Harris County; 7 Northwest WW TP, TPDES Permit No. 10495-076, located at 5423 Mangum Road, Houston, g, Harris County; 11. 1 Northeast WWTP, TPDES Permit No. 10495?077, located at 625 Maxey Road, Houston, Harris County; i. 69?? Street WWTP, Water Quality Permit No. 10495-090, located at 2525 South Sgt. Macario Garcia, Houston, Harris County; j. Beltway WWTP, Water Quality Permit No. 10495?111, located at 10518 Bellaire Boulevard, Houston, Harris County; and - k. Westway WWTP, TPDES Permit No. 10495 -l39, located at 10273 Genard, Houston, Harris County. City of Houston DOCKET NO. 2002-0555-MWD-E Mon/Yr Jan. 01 Mar. 01 June 0 01 0 Page 3 2. The City has discharged sewage into or adjacent to any water in the state under TEX. WATER CODE ch. 26. 3. During investigations of the Sims Bayou WWTP, TCEQ staff documented that the City: a. Failed to operate and maintain the collection system to prevent unauthorized discharges of untreated domestic wastewater, as documented during investigations on October 24, 2000; November 13, 2000; February 20, 2001; August 31, 2001 and January 6, 2003. The investigations noted that the City reported 188 unauthorized discharges during the review period; b. Failed to report unauthorized discharges within 24 hours of becoming aware of the noncompliance, as documented during the February 20, 2001 investigation; 0. Failed to report unauthorized discharges of greater than 100,000 gallons to the media within 24 hours, as documented during the February 20, 2001 investigation; (1. Failed to report an unauthorized discharge from the clean?outs for the scum return system at the Sims Bayou South WWTP, as documented during the January 6, 2003 investigation; e. Failed to obtain Commission authorization before initiating major rehabilitation of the lift station at the Sims Bayou South WWTP, as documented during the February 20, 2001 investigation; f. Failed to comply with its permitted ef?uent limits, documented during the January 6, 2003 investigation, as follows: max; Outfall Outfall 001 001 3,624 89,583 88,888 62 104,166 100,000 90,753 80,555 Name Abbreviation milligram 5 per liter g/L pounds per day lbs/day million gallonsperday MGD totalsuspended solids TS 5-daybiochemicaloxygen demand BODS carbonaceousbiochemicaloxygen demand CBOD am In onia~nitrogen dissolved oxygen DO eompliant(no excursions) - City of Houston DOCKET NO. Page 4 Failed to comply with the maximum number of allowable discharges per. year fromthe? Belmont/Scott Wet Weather Facility, as documented during the January, 6, 2003 investigation. During an investigation of the Fresh Water Supply District No. 23 on November 13, staff documented that the City: A . a. Failed to comply with its permitted ef?uent limits as follows: Two?our pH dailyg; TSS daily . a . aminimum - nnximum . 0611;11:th .. 3 9100110., I H: . . *outfa?l?13002if? :outfvallv'O Month/Year 1122.222gpn'1jj =610 ?su'i?x? >40'mg/Lffiilg. 08/15/02 22,917 6 09/19/02 23,366 5 10/24/02 221311 0 11/03/02 231429 1 11/04/02 22,899 6 6 02/20/03 23,438 0 42 b. Failed to operate and maintain the collection system to prevent unauthorized discharges of untreated domestic wastewater; The investigation noted that the City reported 57 unauthorized discharges during the review period. During an investigation of the Homestead November 21, 2002, TCEQ staff documented that the City: a. Failed to operate and maintain the collection system to prevent unauthorized discharges of untreated domestic wastewater. The investigation noted that the City reported 12 - unauthorized discharges during the review period; and b. Failed to comply with its permitted effluent limits as follows: .Tonour vi 1 - peak ?ow - limit Month/Year 11,111 gpm? 1 1 December 12, 2001 13,194 December 13, 2001 ?1458 December 16, 2001 11,806 December 17, 2001 ?11,806 March 1, 2002 11,486 July 16, 2002 11,622 wber 24,2002 11,145 i During an investigation of the Southwest WWTP on October 23 2003 TCEQ staff documented that the City failed to operate and maintain the collection system to prevent unauthorized discharges of City of Houston DOCKET NO. 2002-0555-MWD-E Page 5 untreated domestic wastewater. The inVestigation noted that the City reported 106 unauthorized discharges during the review period. . - . . During an investigation of the Harris County WCID No. 47 WWTP on December 11, 2002, TCEQ staff documented that the City failed to operate and maintain the collection system to prevent unauthorized discharges of untreated domestic wastewater. The investigations noted that the City reported 9 unauthorized discharges during the-review period. During an investigation of the Sagemont WWTP on February 6, 2002, TCEQ staff documented that the City failed to operate and maintain the collection system to prevent unauthorized discharges of untreated domestic wastewater. The investigation noted that the City reported 14 unauthorized discharges during the reView period. . During an investigation of the Northwest February 14, 2002, TCEQ staff documented that the City: - I . a. Failed to operate and maintain the collection system to prevent unauthorized discharges of 10. 0 untreated domestic wastewater. The investigation nOted that the City reported 19 unauthorized discharges during the review period; and b. Failed to provide hydrogen sulfide meters for personnel required to enter the dry well. During investigations of the Northeast WWTP, TCEQ staff documented that the City: a. Failed to comply with its permitted ef?uent limits as follows, as- documented during an investigation on January 17, 2002: ETSS?u?il?y?. '2 '5 daily'gc; [if I, 51 "-uavsra?ei ;_,_maximum 12? u'i??peak: . filoadjng. :1 . c'onm, ?ow 1 001? Month/Year .638 lbs/day 15 nig/L- 7 40 mg/L . '15,?278igpin NOV. 12, 2000 22,222 21,528 NOV. 24, 2000 25,000 January 2001 ?729 45 0 March 200] 1,357 16 65 MarCh 27, 200] 22,222 March 28, 2001 22,222 June 2001 I 1,151 62 June 5, 2001 25,000 June 6, 2001 6 25,694 June 7, 2001 25,694 June 8 10, 2001 34,722 July 2001 97 City of Houston DOCKET NO. 2002?0555 Page 6 Failed to operate and maintain the collection system to prevent unauthorized discharges of untreated domestic wastewater, as documented during investigations on January 17, 2002, July 12, 2002, and January 29, 2004. The investigations noted that the City reported 26 unauthorized discharges during the review period; and Failed to report unauthorized discharges within five working days after becoming aware of the occurrence, as documented during the July 12, 2002 investigation. 11. During investigations of the 69th Street WWTP, TCEQ staff documented that the City: Failed to operate and maintain the collection system to prevent unauthorized discharges of untreated domestic wastewater, as documented during investigations on March 26, 2002 and March 11, 2004. The City reported 129 unauthorized discharges during the review period; Failed to prevent the unauthorized discharge of wastewater from the grit removal area to a storm drain adjacent to the air scrubber system, as documented during the March 26, 2002 investigation; and Failed to comply with its permitted ef?uent limits as follows, documented during investigations on March 26, 2002 and March 11, 2004: June 2001 0.0127 October 2001 0.0137 November 2001 0.0370 December 2001 0.0207 2002 0.0124 12, During an investigation of the Beltway WWTP on June 13, 2002, TCEQ staff documented that the City: Failed to operate and maintain the collection system to prevent unauthorized discharges of untreated domestic wastewater. The investigation noted that the City reported unauthorized discharges during the review period; Failed to prevent the discharge of algae and sludge from the clarifier weir onto the ground; Failed to prevent the discharge and accumulation of white foam at the outfall; Failed to telemeter the alarm system to a facility where 24-hour attendance is available; Failed to provide personal gas detectors for entry into the dry well; City of Houston DOCKET NO. Page 7 f. Failed to provide signage for entry into the dry well; and g. Failed to operate the facility so that algae and sludge do not accumulate in the clarifier weir trough. 13. During an investigation of the Westway WWTP on June 12, 2002, TCEQ staff documented that the City failed to operate and maintain the collection system to prevent unauthorized discharges of untreated domestic wastewater. The investigation noted that the City reported 6 unauthorized discharges during the review period. 14. During record reviews conducted on April 16, 2003; July 9, 2004; and August 20, 2004, TCEQ staff documented the City?s failure to pay the water quality assessment fee for fiscal years (FY) 2001 and 2002 (account number 0608979); general permits Stormwater permit fee and associated late fees for FYs 2003 and 2004 (account numbers 20007981, 20008083, 20007502, 20000859, 20007503, and 20009662), and solid waste tech training fee (account number 10000640). 15. The City received notice of the violations on or about March 27, 2001' ,May 27,2001; October 22, 2001; March 9, 2002' April 13,2002; June 10,2002; July 14, 2002; August 12,2002; August 26, 2002; January 21, 2003' February 15, 2003; February 25, 2003; January 12,2004; December 24, 2004; March6, 2004; and May9, 20.04 16. - The Executive Director recognizes that the City has implemented the following corrective measures at the Facilities: a. Implemented a process to notify the media when unauthorized discharges of greater than 100,000 gallons occur; b. . Submitted an application for a major amendment to increase the two-hour peak ?ow rate for the Fresh Water Supply District No. 23 c. On August 29, 2002 submitted documentation that the Wastewater Operations Branch purchased Industrial Scientific H8110 personal hydrogen sulfide. meters and trained personnel on the proper usage of them; d. On August 29, 2002 submitted documentation that proper signage has been posted at the Beltway WWTP dry well; e. On August 29,2002 submitted documentation that Beltway WWTP personnel have been counseled on the proper procedures for removing and disposing of algae on the clarifier weirs; and f. On May 7, 2004 submitted a ?Wastewater Collection System Sanitary Sewer Over?ow Plan and Schedule? to address unauthorized discharges from the Facilities collection systems. This is a comprehensive 10 year program to upgrade and rehabilitate the City?s collection systems and Facilities addressed by this Order. City of Houston DOCKET NO. Page 8 '17; The parties agree that so long as the City of Houston is in compliance with. the schedule(s) set forth in this order, the Executive Director will take no enforcement action on future collection system bypasses except for such bypasses as may cause significant harm to the public health as determined by the Executive Director. II. CONCLUSIONS OF LAW The City is subject to the jurisdiction of the TCEQ pursuant to TEX. WATER CODE 7.002, chs. 5 and 26, TEX. HEALTH SAFETY CODE ch. 361, and the rules of the Commission. As evidenced by Finding of Fact No. 3. a.,the City failed to operate and maintain the Sims Bayou WWTP collection system to prevent unauthorized discharges of untreated domestic wastewater, in Violationof 30 TEX. ADMIN. CODE 305 . 125(1), and (5), Water Quality Permit No. 10495?002 Permit Conditions No. 2g, Operational Requirements No. l, and TEX. WATER CODE As evidenced by Finding of Fact No. 3. the City failed toreport unauthorized discharges within 24 hours of becoming aware of the violations, in violation of 30 TEX. ADMIN. CODE 305.1250) and and Water Quality Permit No. 10495-002 Monitoring and Reporting Requirements Nos. 7a 7b. As evidenced by Finding of Fact No. 3. the City failed to report unauthorized discharges of greater than 100,000 gallons to the media within 24 hours of becOming aware of the Violations, in violation of30 TEX. ADMIN. CODE and As evidenced by Finding of Fact No. 3. the City failed to report an unauthorized discharge from the clean-outs for the scum return system at the Sims Bayou South WWTP, in violation of 30 TEX. ADMIN. CODE 305.125(1) and Water Quality Permit No. 10495-002 Monitoring and Reporting Requirements Nos. 7a 7b, and TEX. WATER As evidenced by Finding of Fact N0. 3. the City failed to obtain Commission authorization before initiating major rehabilitation of the lift station at the Sims Bayou South Facility, in violation of 30 TEX. ADMIN. CODE 305 . 125(8) and Water Quality Permit No. 10495-002 Permit Conditions N0. As evidenced by Finding of Fact No. 3. the City failed to comply with its permitted effluent limits, in violation of 30 TEX. ADMIN. CODE 305.125(l) and (4), Water Quality Permit No. 10495?002 Interim Ef?uent Limitations and Monitoring Requirements No. 1, and TEX. WATER CODE As evidenced by Finding of Fact No. 3. the City failed to comply with the maximum number of allowable discharges per year from the Belmont/ Scott Wet Weather Facility, in violation of 30 TEX. City of Houston DOCKET NO. 2002-055 5 Page 9 10. 11. 12. ADMIN. CODE 305.125 (1), Water Quality Permit No. 10495?002 Other Requirements No. 9, and TEX. WATER CODE As evidenced by Finding of Fact No. 4. the City failed to comply with its permitted ef?uent limits, in violation of 30 TEX. ADMIN. CODE Water Quality Permit No. 10495-016 Interim Ef?uent Limitations and Monitoring Requirements Nos. 1 and 3, and TEX. WATER CODE As evidenced by Finding of Fact No.4. the City failed to operate and maintain the Fresh Water Supply District WWTP collection system to prevent unauthorized discharges of untreated domestic wastewater, in Violation of 30 TEX. ADMIN. CODE 305. 125 (4), and (5), Water Quality Permit No. 10495 -0 16 Permit Conditions No. 2( Operational Requirements No. 1, and TEX. WATER CODE 26. 12 ~As evidenced by Finding of Fact No. 5. the City failed to operate and maintain the Homestead WWTP collection system to prevent unauthorized discharges of untreated domestic wastewater, in violation of 30 TEX. ADMIN. CODE (4), and (5), Water Quality Permit No. 10495-023 Permit Conditions No. Operational Requirements No. 1, and TEX. WATER CODE As evidenced by Finding of Fact No. 5. the City failed to comply with its permitted ef?uent limits, in violation of 30 TEX. ADMIN. CODE and (4), Water Quality Permit No. 10495?' 13. 14. 15.. . 16. 023 Operational Requirements No.1, Interim Ef?uent Limitations and Monitoring Requirements No. 1, and TEX. WATER CODE As evidenced by Finding of Fact No. 6, the City failed to operate and maintain the Southwest WWTP collection system to prevent unauthorized discharges of untreated domestic wastewater, in violation of 30 TEX. ADMIN. CODE (4), and (5), Water Quality Permit No.10495-037 Permit Conditions Operational Requirements No. l, and TEX. WATER CODE As evidenced by Finding of Fact No. 7, the City failed to operate and maintain the Harris County No. 47 WWTP collection system to prevent unauthorized discharges of untreated domestic wastewater, in violation of 30 TEX. ADMIN. CODE (4), and (5), TPDES Permit No.10495-050 Permit Conditions Operational RequirementsNo. 1, and TEX. WATER As evidenced by Finding of Fact No. 8, the City failed to operate and maintain the Sagemont WWTP collection system to prevent unauthorized discharges of untreated domestic wastewater, in Violation of 30 TEX. ADMIN. CODE 305 . 125(1), (4), and (5), TPDES Permit No. 10495-075 Permit Conditions Operational Requirements No. 1, and TEX. WATER CODE As evidenced by Finding of Fact No. 9. the City failed to operate and maintain the Northwest WWTP collection system to prevent unauthorized discharges of untreated domestic wastewater, in Violation of 30 TEX. ADMIN. CODE (4), and (5), TPDES Permit No.10495-076 Permit Conditions Operational Requirements No. 1, and TEX. WATER CODE City of Houston DOCKET NO. 2002-0555-MWD-E Page 10 17. 18. 19. As evidenced by Finding of Fact No. 9. the City failed to provide hydrogen sulfide meters for personnel required to enter the dry well, in Violation of 30 TEX. ADMIN. CODE As evidenced by Finding of Fact No. 10. the City failed to comply with its permitted ef?uent limits, in violation of 30 TEX. ADMIN. CODE 305.125 (1) and (4), TPDES Permit No. 10495-077 Interim Ef?uent Limitations and Monitoring Requirements No. 1, and TEX. WATER CODE As evidenced by Finding of Fact No. 10. the City failed to operate and maintain the Northeast WWTP collection system to prevent unauthorized discharges of untreated domestic wastewater, in 20. ~21. 22. 23. 24. violation of 30 TEX. ADMIN. CODE (4), and (5), TPDES Permit No.10495?077 Permit Conditions Operational Requirements No. 1, and TEX. WATER CODE As evidenced by Finding of Fact No. 10. the City failed to report unauthorized discharges within five working days after becoming aware of the occurrence, in violation of 30 TEX. ADMIN. CODE and PDES Permit No. 10495 -077 Monitoring and Reporting Requirements No. 7(a) and and TEX. WATER CODE As evidenced by Finding of Fact No. 11. the City failed to operate and maintain the 69th Street WWTP collection system to prevent unauthorized discharges of untreated domestic wastewater, in violation of 30 TEX. ADMIN. CODE (4), and (5), Water Quality Permit No. 10495 -090 Permit Conditions Operational Requirements No. 1, and TEX. WATER CODE As evidenced by Finding of Fact No. 11. the City failed to prevent the unauthorized discharge of wastewater from the grit removal area to a storm drain adjacent to the air scrubber system, in Violation of 30 TEX. ADMIN. CODE 305.125(1) and (4), Water Quality Permit No. 10495-090 Permit Conditions Operational Requirements No. 1, and TEX. WATER CODE As evidenced by Finding of Fact No. 11. the City failed to comply with its permitted ef?uent limits, in Violation of 30 TEX. ADMIN. CODE 305 . 125(1) and (4), Water Quality Permit No. 10495 - 090 Ef?uent Limitations and Monitoring Requirements No. 1, and TEX. WATER CODE 26. 12 1 As evidenced by Finding of Fact No. 12. the City failed to operate and maintain the Beltway WWTP collection system to prevent unauthorized discharges of untreated domestic wastewater, in . Violation of 30 TEX. ADMIN. CODE 305. 125 (1), (4), and (5), Water Quality Permit No.10495-1 11 25. 26. Permit Conditions Operational Requirements No. l, and TEX. WATER CODE As evidenced by Finding of Fact No. 12. the City failed to prevent the discharge of algae and sludge from the clarifier weir onto the ground, in violation of 30 TEX. ADMIN. CODE 305. 125 1), (4), and (5), Water Quality Permit No.10495?1 11 Permit Conditions 2(d) and Operational Requirements No. 1, Ef?uent Limitations and Monitoring Requirements No. 4, and TEX. WATER CODE As evidenced by Finding of Fact No. 12. the City failed to prevent the discharge and accumulation of white foam at the outfall, in Violation of 30 TEX. ADMIN. CODE 305. 125 (1), (4), City of Houston DOCKET NO. Page 11 27. and (5), Water Quality Permit No.10495-111 Permit Conditions 2(d) and Operational Requirements No. 1, Final Ef?uent Limitations and Monitoring Requirements No. 4, and TEX. WATER CODE As evidenced by Finding of Fact No. 12. the City failed to telemeter the alarm system to a facility Where 24-hour attendance is available, in Violation of 30 TEX. ADMIN. CODE 28. As evidenced by Finding of Fact No. 12. the City failed to provide personal gas detectors for entry into the dry well, in violation of 30 TEX. ADMIN. CODE 29evidenced by Finding of Fact No. 12. the City failed to provide signage for entry into the dry well, in violation of 30 TEX. ADMIN. CODE As evidenced by Finding of Fact No. 12. the City failed to operate the Facility so that algae and sludge do nOt accumulate in the clarifier weir trough, in Violation of 30 TEX. ADMIN. CODE 305.125 (4) and (5), and Water Quality Permit No. 10495-111 Permit Conditions As evidenced by Finding of Fact No. 13., the City failed to operate and maintain the We'stway WWTP collection system to prevent unauthorized discharges of untreated domestic wastewater, in violation of 30 TEX. ADMIN. CODE 305 . 125(1), (4), and (5), TPDES Permit No. 10495-139 Permit Conditions Operational Requirements No. 1, and TEX. WATER CODE As evidenced by Finding of Fact No. 14., the City failed to pay the water quality assessment fee for fiscal years (FY) 2001 and 2002 (account number 0608979); general permits stormwater permit fee . and associated late fees for FYS 2003 and 2004 (account numbers 20007981, 20008083, 20007502, 20000859, 20007503, and 20009662), and solid waste tech training fee (account number 10000640), in Violation of 30 TEX. ADMIN. CODE 205.6 and 320.21 [now 30 TEX. ADMIN. CODE 21.4], and TEX. WATER CODE 5.702. Pursuant to TEX. WATER CODE 7.05 1, the Commission has the authority to assess an, administrative penalty against the City for Violations of the Texas Water Code and the Texas Health and Safety Code within the Commission?s jurisdiction; for violations of rules adopted under such statutes; or for violations of orders or permits issued under such statutes. An administrative penalty in the amount of Nine Hundred Sixty-Nine Thousand One Hundred Ninety-Five Dollars ($969,195) is justified by the facts recited in this Agreed Order, and considered in light of the factors set'forth in TEX. WATER CODE 7.053. Nine Hundred Sixty-Nine Thousand One Hundred Ninety-Five Dollars ($969,195) shall be conditionally offset by the City's completion of a Supplemental Environmental Project. City of Houston DOCKET NO. Page 12 that: ORDERING PROVISIONS Now, THEREFORE, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ORDERS The City is assessed an administrative penalty in the amount of Nine Hundred Sixty?Nine Thousand One Hundred Ninety?Five Dollars as set forth in Section II, Paragraph 34 above, for violations of TCEQ rules and state statutes. The imposition of this administrative penalty and the City? compliance with all the terms?and conditions set forth in this Agreed Order completely resolve the violations set forth by this Agreed Order in this action. However, the Commission shall not be constrained in any manner from requiring corrective actions or penalties for other violations that are not raised here. Administrative penalty payments shall be made payable to and shall be sent with the notation ?Re: City of Houston, Docket No. to: Financial Administration Division, Revenues Section Attention: Cashier?s Office, MC 214 Texas Commission on Environmental Quality PO. Box 13088 Austin, Texas 78711?3088 The City shall implement and complete a Supplemental Environmental Project in accordance with TEX. WATER CODE 7.067. As set forth in Section II, Paragraph 34 above, Nine Hundred Sixty?Nine Thousand One Hundred Ninety-Five Dollars ($969,195) of the assessed administrative penalty shall be offset with the condition that the City implement the SEP defined in Attachment A, incorporated herein by reference. The City?s obligation to pay the conditionally offset portion of the administrative penalty assessed shall be discharged upon final completion of all provisions of the SEP agreement. 0 The City shall undertake the following technical requirements: a. Immediately upon the effective date of this Agreed Order, comply with the ?Wastewater Collection System Sanitary Sewer Over?ow Plan and Schedule? that was submitted on May 7, 2004. A b. 1 Immediately after the effective date of this Agreed Order, submit noncompliance notification for all unauthorized discharges from the Facilities. to the TCEQ Houston Regional Office orally or by facsimile within 24 hours of becoming aware of the noncompliance. Written submission of the noncompliance shall be submitted to the TCEQ Houston Regional Office and the TCEQ Enforcement Division Within five working days of becoming aware of the noncompliance. Information shall be submitted'in accordance with 30 TEX. ADMIN. CODE 0. Within 30 days after the effective date of this Agreed Order, submit written certification that hydrogen sulfide meters have been provided for personnel required to enter the Northwest WWTP dry well. City of Houston DOCKET NO. Page 13 h. Within 30 days after the effective date of this Agreed Order, submit written certification that all discharges of algae and sludge at the Beltway WWTP have been completely remediated and that sludge disposal is being carried out in accordance with all applicable rules of the TCEQ and in a manner that prevents contamination of groundwater. Within 30 days after the effective date of th1s Agreed Oi de1 submit written certification that all of the Beltway WWTP off?site lift stations have been telemetered. Within 30 days after the effective date of this Agreed Order, pay all outstanding fees, including any associated penalties and interest and with the notation "[City of Houston General Permits Stormwater Permit Fee, Account Nos. 20007981, 20008083, 20007502, 20007503, and 20000859, Water Quality Assessment Fee, Account No. 0608979; and Solid Waste Tech Training Fee, Account No. 10000640]", to: Financial Administration Division, Revenues Section Attention: Cashier's Office, MC 214 Texas Natural Resource Conservation Commission PO. Box 13088 Austin, Texas 78711?3088 Within 30 days after the effective date of this Agreed Order, submit a plan and schedule for achieving and maintaining compliance with the ef?uent limits of TPDES Permit Nos. 10495?077,10495- 023, and 10495- 090, and Water Quality Permit No. 10495? 002. The plan and schedule shall be prepared by a Texas registered professional engineer. Upon Executive Director review and approval, the plan shall be implemented in accordance with the approved schedule. The plan and schedule shall be submitted to: Work Leader Team 5, Section Enforcement Division, MC 149 Texas Commission on Environmental Quality P. O. Box 13087 Austin, Texas 78711?3087 with a copy to: Manager, Water Section Houston Regional Of?ce Texas Commission 011 Environmental Quality 5425 Polk Avenue, Suite {Houstqm Texas 77023- 1486 i . The certification required by Ordeiing Provision Nos. 3. 3. and 3. 6 shall, include detailed supporting documentation including 1eceipts, and/or other records to demonstrate City of Houston DOCKET NO. ?Page 14 compliance, be notarized by a?State of Texas Notary Public and includethe following certification language: . certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete.? I am aware that there are signifiCant penalties for submitting false information, including the possibility of fine and imprisonment for knowing Violations." The certi?cation shall be submitted to: Work Leader Team 5, Section Enforcement Division, MC 224 Texas Commission on Environmental Quality PO. Box 13087 Austin, Texas 7871 1-3087 with a copy to: Manager, Water Section Houston Regional Office . Texas Commission on Environmental Quality 5425 Polk Avenue, Suite Houston, Texas 77023?1486 The provisions of this Agreed Order shall apply to and be binding upon the City. The City is ordered to give notice of this Agreed Order to personnel who maintain day-to-day control over the Facility operations referenced in this Agreed Order. . If the City fails to comply with any of the Ordering Provisions in this Agreed Order within the - prescribed schedules, and that failure is caused solely by an act of God, war, strike, riot, or other catastrophe, the City?s failure to comply is not a violation of this Agreed Order. The City has the burden of establishing to the Executive Director?s satisfaction that such an event has occurred. The City shall notify the Executive Director within seven days after the City becomes aware of a delaying event and shall take all reasonable measures to mitigate and minimize any delay. The Executive Director may grant an extension of any deadline in this Agreed Order or in any plan, report, or other document submitted pursuant to this Agreed Order, upon a written and substantiated showing of good cause. All requests for extensions by the City shall be made in writing to the Executive Director. Extensions are not effective until the City receives written approval from the City of Houston DOCKET NO. Page 15 10. \11. Executive Director. The determination of what constitutes good cause rests solely with the Executive Director, - . The Executive Director may refer this matter to the Office of the Attorney General of the. State of Texas for further enforcement proceedings without notice to the City if the Executive Director determines that the City has not complied with one or more of the terms or conditions in this Agreed Order. This Agreed Order shall terminate five years. from its effective date or upon compliance with all the terms and conditions set forth in this Agreed Order, whichever is later. This Agreed Order, issued by the Commission, shall not be admissible against the City in a civil proceeding, unless the proceeding is brought by the OAG to: enforce the terms of this Agreed Order; or (2) pursue violations of a statute within the Commission?s jurisdiction, or of a rule adopted or an order or permit issuedby the Commission under such a statute. This agreement may be executed in multiple counterparts, which together shall constitute a single original instrument. Any executed signature page to this Agreement may be transmitted by facsimile 0 transmission to the other parties, which shall constitute an original signature for all purposes. The-Chief Clerk shall provide a copy of this Agreed Order to eaCh of the parties. By law, the effective date of this Agreed Order is the third day after the mailing date, as provided, by 30 TEX. ADMIN. CODE 70.10(b) and TEX. Gov'r CODE 2001.142. ?nd/34 of houston scp.wpd I City of Houston DOCKET NO. Page 16 . TEXAS COMMISSION ON ENVIRONMENTAL QUALITY . i' Eor the Commission (T0 'or gec?d Di?ctoO Date I, the undersigned, have. read and understand'the attached Agreed Order in the matter of the City of Houston. I am authorized to agree to the attached Agreed Order on behalf of the City of Houston, and do agree to the specified terms and conditions. I further acknowledge that the TCEQ, in accepting payment for the penalty amount, is materially relying on such repreSentation. I understand that by entering into this Agreed Order, the City of Houston waives certain procedural rights, including, butnot limited to, the right to formal notice of violations addressed by this Agreed Order, notice of an evidentiary hearing, the right to an evidentiary hearing, and the right to appeal. I agree to the terms of the Agreed Order in lieu of an evidentiary hearing. This Agreed Order constitutes full and final adjudication by the Commission of the Violations set forth in this Agreed. Order. I also understand that my failure to. comply with the Ordering Provisions, if any, in this order/and/or my failure to timely pay the penalty amount, may result in: 0 A negative impact on my compliance history; - Greater scrutiny of any permit applications submitted by me; . 7 - Referral of this case to the Attorney General?s Office for contempt, injunctive relief, additional 4 penalties, and/or attorney fees, or to a collection agency; Increased penalties in any future enforcement actions against me; Automatic referral to the Attorney General?s Office of any future enforcement actions against me; and - TCEQ seeking other relief as authorized by law. . In addition, any falsification of any compliance documents may result in criminal prosecution. W?m Ida/747$ Signature Date M/A/wxz; at. ,mn/awrrg - . . . . mas/a? Name (printed or typed) Title Authorized Representative City of Houston Instructions: Send the original, signed Agreed Order with penalty payment to the Financial Administration Division Revenues Section at the address in Ordering Provision 1 of this Agreed Order. Attachment A SUPPLEMENTAL ENVIRONMENTAL PROJECT The Texas Commission on Environmental Quality agrees to offset a portion of the administrative penalty assessed in this Agreed Order with the condition that the City of Houston shall perform and comply with the following Supplemental Environmental Project provisions. The total amount of the conditional offset for the SEP, upon completion according to the terms and schedules listed below, shall be Nine Hundred Sixty?Nine Thousand One Hundred Ninety-Five Dollars ($969,195) of the administrative penalty of Nine Hundred Sixty?Nine Thousand One Hundred Ninety?Five Dollars 1. Proiect Description A. Project The City of Houston, through a contractor, will replace defective private sewer lateral lines to approximately 300 homes in low?income areas in the City of Houston where laterals have caused sanitary sewer overflows. The home owners are low-income and are ?nancially unable to afford replacing the sanitary lateral sewer lines themselves. The project will include installing new sewer system lateral lines on the homeowner?s property and connecting the homes to the main line of the city sanitary sewer system at no cost to the homeowners. All tap fees and comiection fees normally charged to homeowners will be waived. The SEP will be done in accordance with all federal, state and local environmental laws and regulations. SEP monies will be used to pay for the labor and materials costs associated with replacing the lateral lines. The City of Houston will use SEP monies only for the direct cost of implementing the project and no portion will be spent on administrative costs. The City of Houston certi?es that there is no prior commitment to do this project and that it is being performed solely in an effort to settle this enforcement action. This SEP will provide a discernible environmental benefit by providing a reliable means of wastewater service to the residents, eliminating possible contamination of the watershed resulting from discharges into the watershed from failing lateral lines, and protecting the quality of drinking water. B. Minimum Expenditure The offset of Nine Hundred Sixty?Nine Thousand One Hundred Ninety-Five Dollars ($969,195) of the administrative penalty is based upon the City of Houston?s agreement to spend at least Nine Hundred Sixty-Nine Thousand One Hundred Ninety?Five Dollars ($969,195) to complete the project described above and to comply with all other provisions of this SEP. Subject to previously stated restrictions on the use of SEP monies and to the extent it can be documented, the City of Houston will receive credit for the overtime hours of its employees and equipment are used implementing the SEP. Equipment credits will be based on the schedule of equipment rates published by the Federal Emergency Management Agency. The City of Houston will not receive credit for volunteer labor or equipment. The City of Houston will also not receive credit for gratuities and/or inducements for volunteers. City of Houston AGREED ORDER Attachment A 2. Performance Schedule Within 30 days after the effective date of this Agreed Order, the City of Houston will begin implementation of this SEP. The project will be completed within two years after the effective date of this order. . 3. Records and Reporting The City of Houston shall maintain records of the costs of the project. A progress report will be provided to the SEP Coordinator every 90 days. The progress report will include: 1. A description of the status of the project; 2. The approximate expenditures in the reporting period; and 3. Other information that may be necessary to specify the steps taken to implement the project. A ?nal report summarizing all costs will be due 30 days following the conclusion of the project. The ?nal report shall contain the following information: 1. An itemized list of expenditures and, costs incurred with receipts, copies of checks or other verifying documentation attached; The total amount of costs incurred; Photographs; A statement of quanti?able environmental bene?ts; . Any additional information City of Houston believes will demonstrate compliance with this agreement. weww Copies of receipts, checks, invoices, and other documentation verifying appropriate expenditures and the completion of the project must be Submitted with the ?nal report. The City of Houston agrees to provide additional information required by the SEP Coordinator and allow access to all ?nancial records related to the receipt and expenditure of SEP monies and to allow a representative of the TCEQ, upon request, access to the site of any work being ?nanced in whole or in part by SEP monies. All SEP reports and information shall be submitted to the following address: - Litigation Division Attention: SEP Coordinator, MC 175 . Texas Commission on Environmnetal Quality PO. Box 13087 Austin, Texas 78711-3 087 4. Failure to Fully Perform City of Houston AGREED ORDER Attachment A If the City'of Houston does not perform its obligations under this SEP, the Executive Director may require immediate payment of all or part of the Nine Hundred Sixty?Nine Thousand One Hundred Ninety~Five Dollars ($969,195) conditionally offset. The check for any amount due shall be made out to ?Texas Commission on Environmental Quality? and mailed to: Texas Commission on Environmental Quality Financial Administration Division, Revenues Attention: Cashier, MC 214 PO. Box 13088 Austin, Texas 78711-3088 A copy of the check shall be mailed to the TCEQ SEP Coordinator at the address in Section 3 above. I Publicity Any public statements concerning this SEP made by, ,or on behalf of, the City of Houston must include a clear statement that the project was performed as part of the settlement of an enforcement action brought by the TCEQ. Such statements include, but are not limited to, advertising, public relations, and press releases. Clean Texas Program The City of Houston shall not include this SEP in any application made to TCEQ under the "Clean Texas" (or any successor) program(s). Similarly, the City of Houston may not seek recognition for this contribution in any other State or Federal regulatory program. Other SEPs bv TCEQ or Other Agencies The SEP identi?ed in this Agreed Order has not been, and shall not be, included as an SEP for the City of Houston under any other Agreed Order negotiated with the any other agency of the State or Federal government. Kathleen Hartnett White, Chairman R. B. ?Ralph? Marquez, Commissioner Lariy R. Soward, Commissioner Glenn Sha'nkle, Executive Director . TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution November 21, 2005 CERTIFIED MAIL Michael Marootte, Director The Honorable Bill White, Mayor City of Houston PO. Box 1562 Houston, Texas 7725 1 ~1562 RE: City of Houston TCEQ Docket No. TCEQ TPDES Permit Nos. WQ0010495002, WQ0010495016, WQ0010495023, WQ0010495037, WQ0010495111, WQ0010495050, WQ0010495075, WQ0010495076, WQ0010495077, 9 Agreed Order Assessing Administrative Penalties And Requiring Certain Actions Enclosed is a copy of an order issued by the Commission. Questions regarding the order should be directed to the Enforcement Coordinator or the Staff Attorney. If there are questions pertaining to the mailing of the order, then please contact Zapata of the Texas Commission on Environmental Quality's Office of the Chief Clerk (MC 105) at (512) 239?4517. I SincerelyLaDonn?a Casta?uela Chief Clerk Enclosure cc: Pamela Campbell, Enforcement Coordinator, TCEQ Enforcement Division (MC 169) Kim Laird, Field Investigator, CEQ Region 12 Norma Kernell, SIEP Coordinator, TCEQ LitigatiOn Division (MC 175) Susan Karlins, City of Houston, 4545 Groveway Drive, Houston, Texas 77087 ?1 122 PO. Box 13087 Austin, Texasg78711~3087 ,0 512/239?1000 Internet address: printed on recycled paper using soy-based ink