HomeMy WebLinkAboutResolution - 2010-R0107 - TCEQ Agreed Order, Docket 2009-1973-MLM-E, Resolving Enforcement Action - 03/04/2010Resolution No. 2010-RO107
March 4, 2010
Item No. 5.13
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby acknowledge and
ratify the Texas Commission on Environmental Quality Agreed Order, Docket 2009-
1973-MLM-E, resolving an enforcement action regarding City of Lubbock under the
authority of Texas Water Code, Chapters 7 and 26, and all related documents. Said
Agreed Order is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council on March 4, 2010
TOM MARTIN, MAYOR
ATTEST:
RebeccV Garza, City Secretary
APPROVED AS TO CONTENT:
Marsha Reed, P.E. Chief Operating Officer
APPROVED AS TO FORM:
vw:ccdocs RES.Acknowledge & Ratify-TCEQ
February 26, 2010
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Bryan W. Shaw, Ph.D., Chairman iE op
Buddy Garcia, Commissioner �'� ` �\ Resolution No. 2010—RO107
Carlos Rubinstein, Commissioner
Mark R. Vickery, P.G, Executive Director —
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
February 19, 2010
CERTIFIED MAIL - RETURN RECEIPT REQUESTED 91 7108 2133 3934 8953 3309
The Honorable Tom Martin
Mayor of Lubbock
Post Office Box 2000
Lubbock, Texas 79457
Re: Enforcement Action, Revised Proposed Agreed Order
City of Lubbock; RN101609949 and RN102545142
Docket No. 2009-1973-MLM-E; Enforcement Case No. 38791
FOR SETTLEMENT PURPOSES ONLY
Dear Mayor Martin:
Please find enclosed a revised proposed agreed order based on a discussion with Mr. Aubrey Spear and
Ms. Mary Gonzalez of the City of Lubbock ("the City") in a telephone conference held on January 26,
2010. The Compliance History Worksheet for the Southeast Water Reclamation Plant has been revised to
remove two Notice of Violations that were invalid. The language in Paragraph 6 of Section I (Jurisdiction
and Stipulations) has been changed to reflect the revised administrative penalty amount of Sixty -Six
Thousand Six Hundred Sixty -Five Dollars ($66,665). We are proposing a one time offer to defer Thirteen
Thousand Three Hundred Thirty -Three Dollars ($13,333) of the administrative penalty if you
satisfactorily comply with all the ordering provisions within the time frames listed. Therefore, the
administrative penalty to be paid is Fifty -Three Thousand Three Hundred Thirty -Two Dollars ($53,332).
Also, the language in Paragraph 2 of Section IV (Ordering Provisions) has been changed based on a
construction schedule provided by the City to require semi-annual progress reports and to allow 730 days
to certify compliance with all permitted effluent limits.
Although this revised order replaces the proposed order enclosed in the Texas Commission on
Environmental Quality (TCEQ) letter dated December 30, 2009, the terms and conditions noted in the
December 30, 2009 letter still apply. If you agree with the revised order as proposed, please sign and
return this order with an original signature and the penalty payment of Fifty -Three Thousand Three
Hundred Thirty -Two Dollars ($53,332) before February 28, 2010, (check payable to "TCEQ" and
referencing City of Lubbock, Docket No. 2009-1973-MLM-E) to:
Financial Administration Division, Revenues
Cashier's Office, MC 214
Texas Commission on Environmental Quality
P.O. Box 13088
Austin, TX 78711-3088
RECEIVED FEB 2 4 2010
P.O. Box 13087 Austin, Texas 78711-3087 512-239-1000 Internet address: www.tceq.state.tx.us
i mILd on recycled paper using soy hosed ink
The Honorable Tom Martin
Page 2
Enclosed for your convenience is a return envelope and a copy of the revised order for your files. Please
note that any agreements we reach are subject to final approval by the Commission.
For any questions or comments about this matter, please contact Ms. Lanae Foard of my staff at 512-239-
2554.
Sincerely-,)
Susan Johnson, Manage i- -
Enforcement Division
Texas Commission on Environmental Quality
SJ/lf
Enclosures: Revised Proposed Agreed Order, Revised Penalty Calculation Worksheet, File Copy,
Return Envelope
cc: Mr. Pat Cooke, Manager, Water Section, Lubbock Regional Office, TCEQ
Ms. Mary Gonzales, Wastewater Superintendent, City of Lubbock, Post Office Box 2000,
Lubbock, Texas 79457
revdaocovlet/ 12-8-06/app-17.doc
Resolution No. 2010—RO107
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
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IN THE MATTER OF AN § BEFORE THE
ENFORCEMENT ACTION §
CONCERNING § TEXAS COMMISSION ON
CITY OF LUBBOCK §
RN101609949 AND RN102545142 § ENVIRONMENTAL QUALITY
AGREED ORDER
DOCKET NO.2009-1973-MLM-E
I. JURISDICTION AND STIPULATIONS
At its agenda, the Texas Commission on Environmental Quality ("the
Commission" or "TCEQ") considered this agreement of the parties, resolving an enforcement action
regarding City of Lubbock ("the City") under the authority of TEX. WATER CODE chs. 7 and 26. The
Executive Director of the TCEQ, through the Enforcement Division, and the City appear before the
Commission and together stipulate that:
The City owns and operates facilities at the following locations (the "Facilities");
a. A domestic wastewater treatment facility located at the eastern terminus of East 38th
Street, south of the Fort Worth and Denver Railroad bridge crossing of the North Fork
Double Mountain Fork Brazos River, approximately one mile northwest of the
intersection of State Highway -Loop 289 and Farm -to -Market Road 835 (Buffalo Springs
Road), in the southeastern portion of Lubbock, Lubbock County, Texas ("Facility 1"); and
b. A steam electric generating station located at 3500 East Slaton Highway, 4,000 feet
northwest of the intersection of Southeast Drive and East Slaton Highway in Lubbock,
Lubbock County, Texas ("Facility 2").
2. The City has discharged municipal and industrial waste into or adjacent to any water in the state
under TEX. WATER CODE ch. 26.
The Commission and the City agree that the Commission has jurisdiction to enter this Agreed
Order, and that the City is subject to the Commission's jurisdiction.
City of Lubbock
DOCKET NO.2009-1973-MLM-E
Page 2
4. The City received notice of the violations alleged in Section H ("Allegations") on or about
November 18, 2009.
The occurrence of any violation is in dispute and the entry of this Agreed Order shall not
constitute an admission by the City of any violation alleged in Section II ("Allegations"), nor of
any statute or rule.
An administrative penalty in the amount of Sixty -Six Thousand Six Hundred Sixty -Five Dollars
($66,665) is assessed by the Commission in settlement of the violations alleged in Section 11
("Allegations"). The City has paid Fifty -Three Thousand Three Hundred Thirty -Two Dollars
($53,332) of the administrative penalty and Thirteen Thousand Three Hundred Thirty -Three
Dollars ($13,333) is deferred contingent upon the City's timely and satisfactory compliance with
all the terms of this Agreed Order. The deferred amount will be waived upon full compliance
with the terms of this Agreed Order. If the City fails to timely and satisfactorily comply with all
requirements of this Agreed Order, the Executive Director may require the City to pay all or part
of the deferred penalty.
7. Any notice and procedures, which might otherwise be authorized or required in this action, are
waived in the interest of a more timely resolution of the matter.
The Executive Director of the TCEQ and the City have agreed on a settlement of the matters
alleged in this enforcement action, subject to the approval of the Commission.
9. The Executive Director may, without further notice or hearing, refer this matter to the Office of
the Attorney General of the State of Texas ("OAG") for further enforcement proceedings if the
Executive Director determines that the City has not complied with one or more of the terms or
conditions in this Agreed Order.
10. 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.
11. The provisions of this Agreed Order are deemed severable and, if a court of competent
jurisdiction or other appropriate authority deems any provision of this Agreed Order
unenforceable, the remaining provisions shall be valid and enforceable.
U. ALLEGATIONS
As owner and operator of the Facilities, the City is alleged to have:
Failed to comply with permitted effluent limits for Facility 1, in violation of TEX. WATER CODE
§ 26.121(a)(1), 30 TEX. ADMIN. CODE § 305.125(1), and Texas Pollutant Discharge Elimination
System ("TPDES") Permit No. WQ0010353002, Final Effluent Limitations and Monitoring
Requirements No. 1, as documented during a record review on September 23, 2009 and as shown
in the following violation table:
City of Lubbock
DOCKET NO.2009-1973-MLM-E
Page 3
EFFLUENT VIOLATION TABLE
Monitoring Period End Date
Permitted Effluent Limits8/31/08 9/30/08 11/30/08 3/31/09 5/31/0 6/30/2009
Outfall 001
BOD daily avg. conc.
c
c
c
12
11
21
Limit =10 mg/L
BOD daily max. conc.
c
c
c
43
42
67
Limit = 25 mg/L
TSS daily avg. conc.
c
c
c
c
c
20
Limit =15 mg/L
TSS daily max. conc.
c
c
c
62
45
59
Limit = 40 mg/L
Outfall 002
BOD daily max. conc.
113
83
90
83
c
c
Limit = 70 mg/L
Outfall 003
BOD daily max. conc.
109
81
85
84
c
c
Limit = 70 mg/L
Outfall 004
BOD daily max. conc.
c
c
c
c
c
69
Limit = 70 mg/L
BOD = biochemical oxygen demand
TSS = total suspended solids
c = compliant
conc. = concentration
mg/L = milligrams per liter
max. = maximum
avg. = average
2. Failed to comply with permitted effluent limits for Facility 2, in violation of TEX. WATER CODE
§ 26.121(a)(1), 30 TEX. ADMIN. CODE § 305.125(1), and TPDES Permit No. WQ000189500,
Effluent Limitations and Monitoring Requirements No. 1, as documented during a record review
on October 28, 2009 and as shown in the following violation table:
EFFLUENT VIOLATION TABLE
Permitted
Effluent Limits
Monitoring Period End Date
3/31/09
7/31/09
Total Copper daily avg. conc.
0.098
0.088
Limit = 0.07 m
Total Copper daily max. conc.
c
0.179
Limit = 0.14 m
TSS daily avg. conc
37
c
Limit = 30 m
TSS = total suspended solids max. = maximum
conc. = concentration c = compliant
mg/L = milligrams per liter avg. = average
City of Lubbock
DOCKET NO. 2009-1973 -MLM-E
Page 4
III. DENIALS
The City generally denies each allegation in Section II ("Allegations").
IV. ORDERING PROVISIONS
It is, therefore, ordered by the TCEQ that the City pay an administrative penalty as set forth in
Section I, Paragraph 6 above. The payment of this administrative penalty and the City's
compliance with all the terms and conditions set forth in this Agreed Order resolve only the
allegations in Section H. The Commission shall not be constrained in any manner from requiring
corrective action or penalties for violations which are not raised here. Administrative penalty
payments shall be made payable to "TCEQ" and shall be sent with the notation "Re: City of
Lubbock, Docket No. 2009-1973-MLM-E" to:
Financial Administration Division, Revenues Section
Attention: Cashier's Office, MC 214
Texas Commission on Environmental Quality
P.O. Box 13088
Austin, Texas 78711-3088
2. It is further ordered that the City shall undertake the following technical requirements:
a. Within 90 days after the effective date of this Agreed Order, and on a semi-annual basis
thereafter, submit a report to the Commission, documenting the progress of the corrective
actions that are planned and/or have been completed to ensure the effluent meets the
permitted limits. The reports shall be submitted to the addresses listed in Ordering
Provision No. 2.b below until written certification of compliance with Ordering Provision
No. 2.b is submitted; and
b. Within 730 days after the effective date of this Agreed Order, submit written certification
of compliance with effluent limits of TPDES Permit Nos. WQ0010353002 and
WQ000189500, including specific corrective actions that were implemented at the
Facility to achieve compliance and copies of the most current self-reported discharge
monitoring reports, demonstrating at least three consecutive months of compliance with
all permitted effluent limitations. The certification shall be notarized by a State of Texas
Notary Public and include the following certification language:
"I 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 fines and
imprisonment for knowing violations."
The certification shall be submitted to:
City of Lubbock
DOCKET NO.2009-1973-MLM-E
Page 5
with a copy to:
Order Compliance Team
Enforcement Division, MC 149A
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087
Water Section, Manager
Lubbock Regional Office
Texas Commission on Environmental Quality
5012 50th Street, Suite 100
Lubbock, Texas 79414-3421
3. The provisions of this Agreed Order shall apply to and be binding upon the City. The City is
ordered to give notice of the Agreed Order to personnel who maintain day-to-day control over the
Facilities operations referenced in this Agreed Order.
4. 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 shall
have 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.
5. 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 Executive Director. The determination of what constitutes good cause rests
solely with the Executive Director.
6. 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: (1) 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 issued by the Commission under such a statute.
This Agreed Order may be executed in multiple counterparts, which together shall constitute a
single original instrument. Any executed signature page to this Agreed Order may be transmitted
by facsimile transmission to the other parties, which shall constitute an original signature for all
purposes under this Agreed Order.
Under 30 TEX. ADMIN. CODE § 70.10(b), the effective date is the date of hand -delivery of the
Order to the City, or three days after the date on which the Commission mails notice of the Order
to the City, whichever is earlier. The Chief Clerk shall provide a copy of this Agreed Order to
each of the parties.
City of Lubbock
DOCKET NO.2009-1973-MLM-E
Page 6
SIGNATURE PAGE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
For the Commission
For the Executive Director Date
I, the undersigned, have read and understand the attached Agreed Order. I am authorized to agree to the
attached Agreed Order on behalf of the entity indicated below my signature, and I do agree to the terms
and conditions specified therein. I further acknowledge that the TCEQ, in accepting payment for the
penalty amount, is materially relying on such representation.
I also understand that failure to comply with the Ordering Provisions, if any, in this order and/or failure to
timely pay the penalty amount, may result in:
• A negative impact on compliance history;
• Greater scrutiny of any permit applications submitted;
• Referral of this case to the Attorney General's Office for contempt, injunctive relief, additional
penalties, and/or attorney fees, or to a collection agency;
• Increased penalties in any future enforcement actions;
• Automatic referral to the Attorney General's Office of any future enforcement actions; and
• TCEQ seeking other relief as authorized by law.
In addition, any falsification of any compliance documents may result in criminal prosecution.
Lee Ann OumbaiJaL
Name (Printed or typed)
Authorized Representative of
City of Lubbock
J•�, •�!)
Date
-- (�, -tjj
Title
Instructions: Send the original, signed Agreed Order with penalty payment to the Financial Administration Division, Revenues
Section at the address in Section FV, paragraph I of this Agreed Order
Penalty Calculation Worksheet (PCW)
Revision 2
PCW 10 -Feb -2010 Screening 24 -Nov -2009 EPA Due
Respondent City of Lubbock(Southeast Water Reclamation Plant)
Reg. Ent. Ref. No. RN101609949
acility/Site Region 2 -Lubbock Major/Minor Source
CASE INFORMATION
Enf./Case ID No. 38791
Docket No. 2009-1973-MLM-E
Media Program(s) Water Quality
Multi -Media
Admin. Penalty $ Limit Minimum $0 Maximum
PCW Revision October 30, 2008
No. of Violations 1
Order Type 1660
Government/Non-Profit Yes
Ent. Coordinator Lanae Foard
EC's Team Enforcement Team 1
Penalty Calculation Section
TOTAL BASE PENALTY (Sum of violation base penalties) Subtotal 1
ADJUSTMENTS (+/-) TO SUBTOTAL 1
Subtotals 2-7 are obtained by multiplying the Total Base Penalty (Subtotal 1) by the Indicated percentage.
Compliance History 181.0% Enhancement Subtotals 2, 3, & 7
An enhancement is recommended due to two final agreed orders with
Notes denial of liability, four NOVs for violations same or similar to those cited
in this action, three non -similar NOVs, and 23 self-reported monthly
effluent violations.
Culpability No 0.0% Enhancement Subtotal
Notes The Respondent does not meet the culpability criteria.
Good Faith Effort to Comply Total Adjustments Subtotal 5
Economic Benefit 0.0% Enhancement- Subtotal 6
Total EB Amounts j13,041.096 'Capped at the Total EB $ Amount
Approx. Cost of Compliancel $50 000 oo0
SUM OF SUBTOTALS 1-7 Final Subtotal
OTHER FACTORS AS JUSTICE MAY REQUIRE 0.0^/o Adjustment
Reduces or enhances the Final Subtotal by the Indicated percentage.
Notes F I
Final Penalty Amount
STATUTORY LIMIT ADJUSTMENT Final Assessed Penalty
DEFERRAL F 20.01/6Reduction Adjustment
Reduces the Final Assessed Penalty by the indicted percentage. (Enter number only; e.g. 20 r 2 reduction.)
Notes Deferral offered for expedited settlement.
PAYABLE PENALTY
Screening Date 24 -Nov -2009 Docket No. 2009-1973-MLM-E PCW
Respondent City of Lubbock (Southeast Water Reclamation Plant) PoNcy Revision 2 (September 2002)
Case ID No. 38791 PCW Revision October 30, 2008
Reg. Ent Reference No. RN101609949
Media [Statute] Water Quality
Ent Coordinator Lanae Foard
Violation Number 0
Rule Cite(s) Tex. Water Code § 26.121(a)(1), 30 Tex. Admin. Code § 305.125(1), and Texas Pollutant
Discharge Elimination System ("TPDES") Permit No. W00010353002, Final Effluent
Limitations and Monitorinq Requirements No. 1
Violation Description ll Failed to comply with permitted effluent limits, as documented during a record review on
September 23, 2009 and as shown in the attached violation table.
Base
>> Environmental, Property and Human Health Matrix
Harm
Release Ma'or Moderate Minor
OR Actual 00
Potential Percent 25%
>>Programmatic Matrix
Falsification Major Moderate Minor
Percent 0%
Matrix
Notes
Violation Events
A simplified model was used to evaluate biochemical oxygen demand to determine whether the
discharged amounts of pollutants exceeded protective levels. Total suspended solids were also
considered. As a result of these discharges, human health or the environment has been exposed to
insignificant amounts of pollutants which do not exceed protective levels.
Adjustment $7,500
Number of Violation Events 0
daily 0
weekly
mark only one
monthly
with an x quarterly
semiannual
annual 0
single event =
183 Number of violation days
Nine quarterly events are recommended.
Violation Base
Faith Efforts to Comply o.o%1 Reduction
Before NOV NOV to EDPRPISettlement Offer
Extraordinary 0
Ordinary
N/A x (mark with x)
Notes The Respondent does not meet the good faith criteria for this
violation.
Violation
Economic Benefit (EB) for this violation
Statutory Limit Test
Estimated EB Amount $13,041,096 Violation Final Penalty
This violation Final Assessed Penalty (adjusted for II
TCEQ Region: REGION 02 - LUBBOCK
Date Compliance History Prepared: November 23, 2009
Agency Decision Requiring Compliance History: Enforcement
Compliance Period: November 23, 2004 to November 23, 2009
TCEQ Staff Member to Contact for Additional Information Regarding this Compliance History
Name: Lanae Foard Phone: 512-239-2554
Site Compliance History Components
1. Has the site been in existence and/or operation for the full five year compliance period? Yes
2. Has there been a (known) change in ownershiptoperator of the site during the compliance period?
3. If Yes, who is the current owner/operator? N/A
4. if Yes, who washvere the prior owner(s)/operator(s) ?
N/A
5. When did the change(s) in owner or operator occur?
6. Rating Date: 9/1/2009 Repeat Violator. NO
N/A
No
Classification: AVERAGE Rating: 1.78
Classification: AVERAGE Site Rating: 2.48
Components (Multimedia) for the Site:
A. Final Enforcement Orders, court judgements, and consent decrees of the stale of Texas and the federal government
Effective Date: 01/08/2005 ADMINORDER 2004 -0082 -MWD -E
Classification: Moderate
Citation: 2D TW C Chapter 26, SubChapter A 26.121(a)
30 TAC Chapter 305, SubChapter F 305.125(1)
Rqmt Prov: Effluent Limits PERMIT
Description: Failure to comply with permit limits as documented by a TCEQ record review of self-reported data.
Effective Date: 06/26/2006 ADMINORDER 2005 -2013 -MWD -E
Classification: Moderate
Citation: 2D TWC Chapter 26, SubChapter A 26.121(a)
30 TAC Chapter 305, SubChapter F 305.125(1)
Rqmt Prov: Effluent Limits PERMIT
Description: Failure to comply with the permitted effluent limits.
B. Any criminal convictions of the state of Texas and the federal government.
N/A
C. Chronic excessive emissions events.
Compliance History Report
Customer/Respondent/Owner-Operator
CN600130736 City of Lubbock
Regulated Entity:
RN101609949 LUBBOCK SOUTHEAST WATER
1
RECLAMATION PLANT
ID Number(s):
WASTEWATER PERMIT
12/17/2004
WASTEWATER PERMIT
3
WASTEWATER PERMIT
(388810)
WASTEWATER PERMIT
02/18/2005
WASTEWATER PERMIT
5
PRETREATMENT PERMIT
(426416)
PRETREATMENT EPAID
04/20/2005
WASTEWATER LICENSING LICENSE
Location:
at the eastern terminus of East 38th Street, south of the Fort
(426418)
Worth and Denver Railroad bridge crossing of the North Fork
06/17/2005
Double Mountain Fork Brazos River, approximately one mile
northwest of the intersection of State Highway -Loop 289 and
Farm -to -Market Road 835 (Buffalo Springs Road), in the
southeastern portion of the City of Lubbock In Lubbock County,
Texas.
TCEQ Region: REGION 02 - LUBBOCK
Date Compliance History Prepared: November 23, 2009
Agency Decision Requiring Compliance History: Enforcement
Compliance Period: November 23, 2004 to November 23, 2009
TCEQ Staff Member to Contact for Additional Information Regarding this Compliance History
Name: Lanae Foard Phone: 512-239-2554
Site Compliance History Components
1. Has the site been in existence and/or operation for the full five year compliance period? Yes
2. Has there been a (known) change in ownershiptoperator of the site during the compliance period?
3. If Yes, who is the current owner/operator? N/A
4. if Yes, who washvere the prior owner(s)/operator(s) ?
N/A
5. When did the change(s) in owner or operator occur?
6. Rating Date: 9/1/2009 Repeat Violator. NO
N/A
No
Classification: AVERAGE Rating: 1.78
Classification: AVERAGE Site Rating: 2.48
Components (Multimedia) for the Site:
A. Final Enforcement Orders, court judgements, and consent decrees of the stale of Texas and the federal government
Effective Date: 01/08/2005 ADMINORDER 2004 -0082 -MWD -E
Classification: Moderate
Citation: 2D TW C Chapter 26, SubChapter A 26.121(a)
30 TAC Chapter 305, SubChapter F 305.125(1)
Rqmt Prov: Effluent Limits PERMIT
Description: Failure to comply with permit limits as documented by a TCEQ record review of self-reported data.
Effective Date: 06/26/2006 ADMINORDER 2005 -2013 -MWD -E
Classification: Moderate
Citation: 2D TWC Chapter 26, SubChapter A 26.121(a)
30 TAC Chapter 305, SubChapter F 305.125(1)
Rqmt Prov: Effluent Limits PERMIT
Description: Failure to comply with the permitted effluent limits.
B. Any criminal convictions of the state of Texas and the federal government.
N/A
C. Chronic excessive emissions events.
N/A
D. The approval dates of investigations. (CCEDS Inv. Track. No.)
1
12/15/2004
(344333)
2
12/17/2004
(388809)
3
01/21/2005
(388810)
4
02/18/2005
(388808)
5
03/16/2005
(426416)
6
04/20/2005
(426417)
7
05/20/2005
(426418)
8
06/17/2005
(426419)
WO0010353002
TPDES0106071
7X0106071
WO0010353002
WO0010353002
WO0010353002
TX0106071000
WO0010353002
TWC Chapter 26 26.121(a)
Description: Failure to meet the limit for one or more permit parameter
Date: 03/31/2005 (426417) CN600130736
Self Report? YES Classification:
Moderate
Citation: 30 TAC Chapter 305, SubChapter F 305.125(1)
TWC Chapter 26 26.121(a)
Description: Failure to meet the limit for one or more permit parameter
Date: 04/30/2005 (426418) CN600130736
Self Report? YES Classification:
Moderate
Citation: 30 TAC Chapter 305, SubChapter F 305.125(1)
TWC Chapter 26 26.121(a)
Description: Failure to meet the limit for one or more permit parameter
Date: 05/31/2005 (426419) CN600130736
Self Report? YES Classification:
Moderate
Citation: 30 TAC Chapter 305, SubChapter F 305.125(1)
TWC Chapter 26 26.121(a)
Description: Failure to meet the Ilmit for one or more permit parameter
Date: 12/31/2oo5 (479605) CN6O0130736
Self Report? YES Classification:
Moderate
Citation: 30 TAC Chapter 305, SubChapter F 305.125(1)
TWC Chapter 26 26.121(a)
Description: Failure to meet the limit for one or more permit parameter
Date: 01/31/2006 (479598) CN60O130736
Self Report? YES Classification:
Moderate
Citation: 30 TAC Chapter 305, SubChapter F 305.125(1)
TWC Chapter 26 26.121(a)
Description: Failure to meet the limit for one or more permit parameter
Date: 02128/2006 (479600) CN60013O736
Self Report? YES Classification:
Moderate
Citation: 30 TAC Chapter 305, SubChapter F 305.125(1)
TWC Chapter 26 26.121(a)
Description: Failure to meet the limit for one or more permit parameter
Date: 03/31/2006 (505284) CN600130736
Self Report? YES Classification:
Moderate
Citation: 30 TAC Chapter 305, SubChapter F 305.125(1)
TWC Chapter 26 26.121(a)
Description: Failure to meet the limit for one or more permit parameter
Date: 04/30/2006 (505285) CN600130736
Self Report? YES Classification:
Moderate
Citation: 30 TAC Chapter 305, SubChapter F 305.125(1)
TWC Chapter 26 26.121(a)
Description: Failure to meet the limit for one or more permit parameter
Date: 05/25/2006 (463645) CN600130736
Self Report? NO Classification:
Moderate
Citation: TWC Chapter 26 26.121 (a)(1)
Description: The City of Lubbock had 52 unauthorized sewer overflows during the period of
April 2005 thru March 2006.
Self Report?
NO Classification:
Minor
Citation:
30 TAC Chapter 317 317.3(a)
Description:
Failure to provide a fence with controlled access on Ilft station #37.
Date: 10/19/2006
(531059) CN6O0130736
Self Report?
NO Classification:
Moderate
Citation:
30 TAC Chapter 305, SubChapter F 305.125(1)
30 TAC Chapter 305, SubChapter F 305.125(17)
Description:
NON -RPT VIOS FOR MONIT PER OR PIPE
Date: 02/28/2007 (587957) CN600130736
Self Report?
YES Classification:
Moderate
Citation:
30 TAC Chapter 305, SubChapter F 305.125(1)
TWC Chapter 26 26.121(a)
Description:
Failure to meet the limit for one or more permit parameter
Date: 03/31/2007 (587958) CN60013O736
Self Report?
YES Classification:
Moderate
Citation:
30 TAC Chapter 305, SubChapter F 305.125(1)
TWC Chapter 26 26.121(a)
Description:
Failure to meet the limit for one or more permit parameter
Date: 04/30/2007 (587959) CN600130736
Self Report?
YES Classification:
Moderate
Citation:
30 TAC Chapter 305, SubChapter F 305.125(1)
TWC Chapter 26 26.121(a)
Description:
Failure to meet the limit for one or more permit parameter
Date: 12/31/2007 (628936) CN600130736
Self Report?
YES Classification:
Moderate
Citation:
2D TWC Chapter 26, SubChapter A 26.121(a)
30 TAC Chapter 305, SubChapter F 305.125(1)
Description:
Failure to meet the limit for one or more permit parameter
Date: 01/31/2008 (676562) CN60O13O736
Self Report? YES Classification: Moderate
Citation: 2D TWC Chapter 26, SubChapter A 26.121(a)
30 TAC Chapter 305, SubChapter F 305.125(1)
Description: Failure to meet the limit for one or more permit parameter
Date: 05/31/2009 (772468) CN600130736
Self Report? YES Classification: Moderate
Citation: 2D TWC Chapter 26, SubChapter A 26.121(a)
30 TAC Chapter 305, SubChapter F 305.125(1)
Description: Failure to meet the limit for one or more permit parameter
Date: 06/30/2009 CN600130736
Self Report? YES Classification: Moderate
Citation: 30 TAC Chapter 305, SubChapter F 305.125(1)
TWC Chapter 26 26.121 (a)
Description: Failure to meet the limit for one or more permit parameter
Date: 10/28/2009 (779366) CN600130736
Self Report? NO Classification: Moderate
Citation: 2D TWC Chapter 26, SubChapter A 26.121(a)
2D TWC Chapter 26, SubChapter A 26.121(a)(1)
2D TWC Chapter 26, SubChapter A 26.121(a)(3)
2D TWC Chapter 26, SubChapter A 26.121(b)
2D TWC Chapter 26, SubChapter A 26.121(c)
2D TWC Chapter 26, SubChapter A 26.121(d)
2D TWC Chapter 26, SubChapter A 26.121(e)
30 TAC Chapter 305, SubChapter F 305.125(4)
30 TAC Chapter 305, SubChapter F 305.125(5)
Condition 2(g) PERMIT
TWC Chapter 26 26.121
TWC Chapter 26 26.121(a)(2)
Description: Failure to prevent the unauthorized discharge of wastewater or any other waste. Since the
last comprehensive compliance investigation of the facility, conducted on July 14 through 24,
2008, the City of Lubbock has reported a total of one hundred and seven (107) sanitary sewer
overflows. As none of the overflows were at the same location and for the same reason, this
was identified as a noted and resolved violation, no further
Self Report? NO Classification: Moderate
Citation: 30 TAC Chapter 305, SubChapter F 305.125(1)
Final Effluent Limitations PERMIT
Description: Failure to maintain BOD and TSS values below the permitted allowables.
Date: 11ro2/2009 (780643) CN600130736
Self Report? NO Classification: Moderate
Citation: 30 TAC Chapter 305, SubChapter F 305.125(1)
Permit Condition 2(g) PERMIT
Description: Failure to prevent an unauthorized discharge from the collection system associated with the
City of Lubbock wastewater plant (Southeast Water Reclamation Plant).
F. Environmental audits.
N/A
G. Type of environmental management systems (EMSs).
N/A
H. Voluntary on-site compliance assessment dates.
N/A
I. Participation in a voluntary pollution reduction program.
N/A
J. Early compliance.
N/A
Sites Outside of Texas
N/A