HomeMy WebLinkAboutRES 21-251RESOLUTION NO. 21-251
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
WHEREAS, on April 20, 2021, the City Council of the City of Beaumont, Texas
passed Resolution No. 21-095 authorizing the City Manager to submit an application to
the Texas Commission on Environmental Quality (TCEQ) for a Compliance
Supplemental Environmental Project relating to improvements to the electrical control
system at the Rue Lift Station; and,
WHEREAS, the proposed Compliance Supplemental Environmental Project has
been reviewed and accepted by the TCEQ; and,
WHEREAS, the City Council is of the opinion that it is in the best interest
of the citizens of the City of Beaumont, Texas for the City Manager to execute an
Agreed Order with TCEQ for a Compliance Supplemental Environmental Project
relating to improvements to the electrical control system at the Rue Lift Station. The
Agreed Order is substantially in the form attached hereto as Exhibit "1" and made a part
hereof for all purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute an Agreed
Order with the Texas Commission on Environmental Quality (TCEQ) for a Compliance
Supplemental Environmental Project relating to improvements to the electrical control
system at the Rue Lift Station.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
October, 2021.
- Mayor Robin Mouton -
ITFxm- COMMISSION ON ENvIRONMENTAL QUALITY
-IN THE MATTER OF AN § BEFORE THE
ENFORCEMENT ACTION §
CONCERNING § TEXAS COMMISSION ON
CITYOF,BEAUMONT §
RNIo16i9294 § ENVIRONMENTAL QUALITY
AGREED ORDER
DOCKET NO. 202i-oo3c)-MWD-E
On the Texas Commission .on Environmental Quality ("the
Commission" or "T.CEQ1") considered this agreement of the parties, resolving on enforcement
action regarding the City,of Beaumont (the "Respondent") under the authority -of TEx. WATER
.- -
CODE chs. 7 and, 26. The Executive Director of the TCEQ, through the Enforcement Division,
and the Respondent presented this Order to the Commission.
The Respondent understands that it has certain proc qdural rights :at certain points in the
enforcement process, including the right to formal notice of violations, notice. of an evidentiary
ary
hearing, the right to an, evidenflary hearing, , and a right to appeal. By entering into -this Order,
P evidentiary 9
the Respondent agrees to waive all notice and procedural rights.,
It is furthetunderstood and agreed that this Order represents the -complete and4Y7
fully -integrated
integrated
agre-ofti&it.6f the parties. Theprovisions of this Order are deemed severable and, if a court of
competent jurisdiction or other appropriate authority deems any provision -of this Order
unenforceable, the remainingprovision's shall be valid and enforceable. The duties and
,
responsibilities imposed by this Order are binding upon the Respondent.
The, Commission makes the following Findings of Fact and Conclusions of IAw:
I. FINDINGS. OF FACT
L The Respondent owns and operates a wastewater treatment plant with an associated
collection system located at 49oo Lafln Drive in Beaumont,. Jefferson. County, Texas (the
"Facility':). The-Fadilit n h state
-y is near or adjacent -to water i the asdefined inTEX.WATER
CODE § 26.001(5).
2. During an investigation conducted on October,96, 202o, an investigator documented
that approximately i,000 ga Hons of untreated sewage was di scharged from a sewage
collection main located-adjitceilt'tO 5595 Gail Drives Aich resulted in the death Of 44
fish.
3- The Executive Director recognizes that by October 26i 2020, the Respondent, had
repaired the broken sewer -main line, recovered the untreated sewage discharged,
disinfected the affected -area,, and collected and properly
ly disposed of the; dead. fish,
—EX—H[B—rr--" 1 —"
-Pity.o,f Beaumont
m-ont
,aocICET.
,NO. 2,021-0039-nMWD-E
Page 2-
II. CONCLUSIONS OF LAW
1. As evidenced b 'Finding of Fact No.. 1, the Respondent is subject to the Jurisdiction of the
y.
TCEQ Pursuant t6TEX. WATER CODE ch. 26 and the rules of the TC_ I EQ.
2: As evidenced by Finding of Pact No. 2, the Respondent failed to prevent an unauthorized
discharge of untreated -wastewater into or adjaceritto any water in the state, in violation
of 30 TEX. ADMIN. CODE§ 305.125(l),TEX. WATER CODE 9 26i12i(a)(i), and Texas
Pollutant Discharge Elimination System Permit No. WQooio5oio2o_, Permit Conditions
NO, 2.g.
3. Pursuant to TEX. WATER CODE § 7.'051, TCF the
- 1, �Q has the authority to assess an
administrative penalty agains t1he ResDondent for violations of state statutes within the
TCTQ's jurisdiction, for violations of rules ;adopted under such statutes, or for violations
of orders or permits issued under such statutes.
4e An administrative- penalty in the amount of $ii,25.0Js justified by thefacts recited in this
Order, and considered in light of the factors set forth in TEX. WATER CODE § 7,053.
'Pursuant to TEX-. WATER CODE ,§ 7.-o67,- $11.,250,of the penalty shall be conditionally
offset by the Respondent's timely and satisfactory completion of a. Supplemental,
Environmental Project ("SEP") asdefined.in the attached SEP Agreement ("Attachment
A" - incorporated herein by reference). The Respondent's-obligatfon to pay the
conditionally offset portion of the penalty.shall be discharged upon full compliance with
all the terms and conditions of this,Oraer,wbich includes the timely and satisfactory
completion of all provisions of the SEP Agreement, as determined by the Executive
Director.
III. ORDERING PROVISIONS
NOW, THEREFORE, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ORDERS.
that
1. TheRespondent is assessed a penalty as get forth in Conclusion of Law No. 4 for
violations of state, statutes and rules of the TCEQ The payment of this penalty and the
Respondent's compliance -with- all the requirements set forth- in this Prder°resolve only
the -matters set forth bythis Order in this action. The Commission shall not be
constrained many manner from requiring corrective actions or penalties for violations
-that are. not raised herei Penalty payments shall be made payable to 'TCEQ". and, shall be
,sent with the notation "Re: City of Beaumont, Docket No. 2o21-6o39-1MW D--E" to:
City of Beaumont
DOCKET NO.-202i-0039-MWD-E
Page 3
Financial Administration Division, Revenue Operations Section
Attention: Cashier's Office, MC:214
Texas Commission on Environmental Quality
P.O. Box 13088.
Austin, Texas �8711-8688
.2. The Respondent shall implement and complete an SEP asset forth in Conclusion of Law
No. 4`. The -amount of $11,250 of the assessed penalty is conditionally offset based on the
Respondent's implementation and completion of the SEP pursuant to the terms of the
SEP.Agreement, as defined in Attachment A. Penalty payments for any portion of the
SEP deemed by Executive Director as not, complete shall be paid within .30 days after
the date the Executive Director demands payment.
g. All -relief not expressly granted in this Order is denied.
4. The duties. and provisions imposed by this Order shall apply to and be binding upon the
Respondent. The Respondent is ordered to give -notice of this Order to personnel who
maintain day-to-day control over the Facility operations referenced in this Order.
5. If the Respondent fails to comply with any of the Ordering Provisions in this Order
within the prescribed schedules, and that failure is caused solely byanact of God, war,
strike, riot, or other catastrophe, the Respondent's failure to comply is not.a violation of
this "Order. The Respondent shall have the burden of establishing tothe, Executive
Director's satisfaction that such an event.haS occurred. The Respondent shall notify the
Executive Director within seven days after the Respondent becomes aware of a delaying
event and shall, take all reasonable measures to mitigate and •minimize any delay.
6. The Executive Director may•grant an extension of any -deadline in this ,Order .or in any
plan, report, or other document submitted pursuant to this Order, upon a written and
substantiated showing of good cause. All requests for extensions by the, Respondent
shall be made in writing to the Executive Director. Extensions are not effective until the
Respondent receives written approval from the Executive Director. The determination
of what constitutes good cause rests solely with .the Executive Director.
�. 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 Respondent has not complied
with one or more of the terms `in this Order..
8. This Order shall terminate five, years from its effective date or upon comp_ liance with all
the terms and conditions set forth in thisi Order,, whichever is later.
9. 'This. Order, issued bythe Commission, shall not be admissible against the Respondent in
a,civil proceeding, unless the proceeding is .brought by the OAG to: (i) enforce the terms
of this Order; or. (9) 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.
City.of Beaumont
DOCKET NO. 202i-0639-MWD-E
Page 4
-1.0. This, Order maybe executed inseparate and multiDle counterparts,:
which to --ether shall
cbri8tittiteasingle instrimient. Any page of this Order maybe copied d digitized;
scanned,
converted to electronic portable document format ("pdf), or otherwise reproduced and
maybe transmitted by digital or electronic transmission, including but not limited to
facsimile transmission and electronic mail. Any-signatur-Paffixed to this Order shall
constitute an original signature f6r all purposes and may be used, Kledi substifuted, or
issued d for any purpose for which an original signature could be used. The term
signature" shall include manual signatures and true and accurate reproductions of
manual signatures - created, executed, endorsed,adopted,, or authorized by the person or
persons: to whom the signatures are attributable. Signatures may he copied.or
.reproduced digitally, electronically, by photocopying, engraving, imprinting,
lithographing, electronic mail, facsimile transmission, stamping, or any other means or
process which the Executive
cutive Di - rector deems acceptable. In this paragraph exclusively,
the ,terms: transmission,
erms: electronic ansmission, owner, person,. writing, and written, shall have the
meanings assigned to them tinder TEx. BUS. ORG. CODE § 1.002.
11. The, effective date of this Order, is the date it is signed :by the Commission. A copy of this
fully,executed Order shall be provided to each. of the parties,
ies,
City of Beaumont.
DOCKETNO:2021=0039-MWD-E
Page 5,
SIGNATURE. AGE
TEXAS COMMISSION ON:ENVIROMMENTAL QUALITY
For the Commission
For the'Exedutive Director
Date
Date
I, the undersigned, have read and understand the attached Order. I and authorized to agree to
the attached Order, 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:
Ialso 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: -a n--y' permit it ermi applications submitted;
• Referral of this case to the-Attomey General's Office for contempt, injunctive relief,
additional penalties, -and/or attorney fees, or to aepilection agency;
Increased
- _. penalties, in any future enforcement actions;
0. Automatic refdrral to fhe,Attorney.General's Office of, any future enforcement actions: and
• TCEQ seeking other relief as authorizedbylaw,
in addition, any falsification of any compliance documents may result in criminal prosecution.
Signature Date
Name (Printed ortyped), Title
Authorized Representative of
City of Beaumont
El If mailing address has changed, please'check this' box and provide the heiv address below:
Instructions: Send_the,oItindlI §-igned Order, with penalty payment to the Financial.Administraton Division,
RdVdride Operations n s Section at the address Jn;Orde.iing Provision iof-this Order.
Attachment A
Docket -Number-'2021-6039-MMI-E
SUPPLEMENTAL. ENVIRONMENTAL PROJECT
Respondent:
City of Beawnont
Penalty Amount:
Eleven Thousand Two Hundred Fifty Dollars ($11,250)
SEP Offset Amount:
Eleven Thousand Two Hundred Fifty Dollars (S 11,2 50),
Type of SEPi
Compliance
Project Name-
Lift Station Improvements
Location of 'SEP:
JeffexsQn Courity
The Texas Commission on Environmental Quality ('.'TCEQ!') agrees to offset the administrative
PenaltyAniourit assess0d,i . ft this Agreed Order for Respondent to perform a Supplemental
Environmental Project ("SEP"), The SEP Offset Abibuht is set forth above and such offset is
conditioned'upon, completion of the project in accordance with the terms of Attachment.A.
Respondent -is a Local Government that qualifies under Texas Water Code § 7.067 to apply the
- SEP Offset for. -Amount set th above to correct violations at its wastewater treatment facility (the
"Facility") Which ate, described in this Agreed Order. This -Agreed 'Order cites I violations . at
kespondent'.s Facility.
I. Project, Description
A. Project
Respondent shall hire a contractor to purchase and, install a new pump station control panel. at
the Rue Lane.lift station in Beaumont, Jefferson County. The lift station controls currently
consist of hardwired alternator panels and a Murphy pressure switch system for level detection
and pump control and perform inconsistently duringtimes of seAgonal presgure changes. The
�p in
'control system upgrade will modernize the controls with a new level transmitter and a new
pump control 'panel. The control system upgrade will aid in preventing the sanitary sewer
system from surcharging and leadingto potential unauthorized discharges. Specifically the SEP
_ P... - - discharges. Specifically; - _ I I -
Offset Amount shall be used for materials, supplies, and equipment: for one or more of the
Mowing. pump station tontrol panel (the "Project). Respondent shall solicit bids from -
,qualified contractors to perforth the Project. Any advertisement, including publication, related
to the SEP must. include the enforcement statement as stated in Section 6, Publicity. The SEP will
i)eperfoimed in accordance with all:federal, state, and local environmental laws and
reg
ulations, including -permits that may be required prior to commencement of the SEP,
Respondent shall use the SEP Offset.Amount.only-for the direct cost of implementing the
Project, including supplies, materials, and equipment rentals, as listed in Subsection I C. I
Minimum Expenditure, Estimated Cost Schedule, below. No portion.6f the SEP Offset Amount
shaU he spent on administrative costs, including but not limited to operating 'costs, reporting
expenses, handling of expenses, proSect coordination, liability, or "equipment: breakdowns.
Respondent's -signature affixed to the attached Agreed. Order certifies that Respondent has no
prior commitment to, perform this Project and that the SEP is being performed:solely,as part of
the terms ofsettlement in this enforcement action.
Page 1 of 4
7.22,2021
City of Beaumont
Docket No. '2021_-0.039-M-WD-E
Attachment A
B. Environmental Benefit
This SEP will provide a discernible environmental benefit by preventing wastewater discharges
being released into the environment during the collection process.
Wastewater discharges can carrybacteria, viruses, protozoa (parasitic organisms)-, helminths
(intestinal worms), and bioaerosols'(inhalable molds and fungi), The diseases they may cause
range in severity from. mild gastroenteritis to life -threatening' ailments such as cholera,
dysentery, infectious hepatitis,. and severe gastroenteritis. Additional risks include occurrences
of low dissolved oxygen, fish kills, algal_ bloom, and bacterial contamination in waterways.
C. Minimum Expenditure
:Respondent shall spend at least :the SEP Offset Amount to .complete the project described in
.Section 1, above, and comply with all other provisions of this SEP. Respondent understands that
it may cost more than the SEP Offset Amount to complete the Project.
Estimated Cost Schedule
Item
Quantity
Cost
Units
Total
Pump'Station Control Panel
1
$42,000 '
1
$42,000
Total
$421000
2. Performance Schedule
Within 30 days after the effective date of this Agreed Order, Respondent shall begin
implementation of the SEP. Respondent shall have completed the SEP in its entirety within 130
days after the effective date of this Agreed Order.
3. Records and Reporting
A. Progress Report
Within 30 d'ays after .the effective date of this Agreed Order. Respondent shall submit a Notice
of Commencement to the TCEQ describing actions performed -to date to implement the Project.
Within 90 days after the effective. date of this Agreed Order, Respondent shall submit a report
detailing the progress made and all actions completed on the Project during the previous 60-
day period and setting forth a schedule for achieving completion of the Project within the 130
day tin eframe set forth in Section -2, Performance Schedule, above. Thereafter, Respondent
_shall submit. progress ;reports to the TCEQ containing .detailed information on all actions
completed .on the Project to date as set forth in'the'Reporting Schedule table below:
Page 2 of 4
7.22.2021
City of Beaumont
Docket No. 2021-0039-MWD-E
Attachment A
Reporting Schedule
Days from
Effective Order
Date
Information -Required
30
Notice of Commencement describing actions taken to begin project
90
Actions completed during previous 60-day period
130
Notice of SEP completion
Final Report
Within 130 days after the effective date of the Agreed Order, or within 30 days after completion
of the SEP, whichever is earlier, Respondent shall submit a Final Report to the TCEQ, which
shall include the following:
1. Itemized list of expenditures and total cost of the Project;
2. Copies of invoices or receipts corresponding to the itemized list in paragraph
3.B.L, above;
3. Copies of cleared checks or payment records corresponding to the itemized list
in paragraph 3.13.1., above;
4. Copies of proof of advertisement of invitation for bids,. if applicable;
S. A certified statement of SEP completion and document authentication;
6. Detailed map showing specific location of the project site(s);
7. Copies of all engineering plans related to work performed pursuant to the
Project, if applicable;
8. Dated photographs of the purchased materials and supplies; before and after
work being performed during the Project; and of the completed Project; and
9. Any additional information Respondent believes wig, or that is requested by
TCEQ to demonstrate corripliance with this Attachment A.
C. Address
Respondent shall submit all SEP reports and any additional information as requested to the
following address:
Texas Commission on Environmental Quality
litigation Division
Attention: ,SEP Coordinator, MC 175
P.O. Box 13087
Austin, Texas 78111-3087
Page 3 of 4
7.22.2021
City of Beaumont
Docket No 2021-0039-MIND=E
Attachment A
4. Additional Information and Access
Respondent :shall provide additional information as requested by TCEQ staff and. shall allow
access to all records related to the SEP Offset Amount. Respondent shall also allow
representatives of the TCEQ access to the site of any -work being. financed in whole or in part by
the SEP'.Offset Amount. This provision shall survive the termination of this Agreed Order.
S. Failure to Fully Perform
if Respondent :does not perform its obligations under this Attachment A, including full
expenditure of the SEP Offset Amount and submittal of the required reporting described in
Sections 2 through 4 above, the'Executive Director ("ED") may require immediate payment of all
or part of the SEP Offset Amount as set forth in the attached Agreed Order.
In the event the ED determines .that Respondent failed to fully implem_ ent and complete the
Project Res ondent.shall remit a � p payment for all: or a portion of the SEP Offset Amount, as
determinedby the ED, and as set forth in the attached Agreed Order. After receiving_ notice of_.
failure to complete the SEP, Respondent shall include the docket number of the attached
Agreed Order and a note that the enclosed payment is for reimbursement of a SEP, shall make
the check payable to "Texas '.Commission on_Environmental:Quality," and shall mail it to:
Texas Commission_ on Environmental Quality
Litigation Division
Attention: SEP Coordinator, MC 175
P.O. Box 18087
Austin, Texas 78711=3087
6. Publicity
Any -public- statements concerning this Project made -by or on behalf of Respondent 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 advertising, public
relations, and press releases.
7. Recognition
Respondent may not -seek recognition for this project in any other state or federal regulatory
program.
8. Other SEPs by TCEQ.or Other Agencies
The SEP Offset -Amount identified in this Attachment A and in the. attached Agreed Order has
not been, and shall not.be,:included as a SEP for Respordent under any other Agreed Order
negotiated with the TCEQ or any .other agency of the state or federal government.
Page 4 of .4
7.22.2021
Penalty Calculation Worksheet (PCW) I
-1� P6110'Revislon 4,(Apr/12014) PCW Revision March 26, 2014
_ .ter_• _ _ PCW 1=Se 2021 . Screen ng, 5-Jan-2021 - __EPADueO_.�___.______
:CASE INFORMATION i
Enf./Case ID No.P60234- No -of Violations 1
Docket No.=0039=MWD-E Order Type Findin s
Media Programs)r- uall -Government/.Non-Profit Yes
Multi Media Enf. Coordinator Katel n Tubbs
- t
EC's Team Enforcement Team .3
Admini Penalty $ Limit Minimum 0 Maximum
Penalty Calculation Section
AL BASE PENALTY (Sure- of violation base penalties) Subtotal s
;ADJUSTMENTS (+/-) TO SUBTOTAL 1
Subtotals-2-7 are obtained by multiplying the Total Base Penalty (Subtotal 1) by The Indicated percentage.
Compliance History 75.09A Adjustment Subtotals 2, 3, & 7 _ 5 625
Enhancement for two Orders that do not contain a denial of -liability and
Repeat, Violator classification..
,Culpability I No 0.00/6 Enhancement Subtotal4 0
Notes The Respondent does not meet the culpability criteria.
Good Faith Effort to Comply Total Adjustments
Economic Benefit
Total EB Amountsi t4.258
I Estimated Cost or Connpllanicel $47,835
f
;SUM OF SUBTOTALS 1-7
;OTHER: FACTORS AS:JUSTICE MAY REQUIRE
'Reduces or.enhanceslthe Final Subtotal by the indicated percentage, -
Notes
Subtotal 1- 1 8751
'0.0% .Enhancement* Subtotal 6 0
*Capped at the Total EB $ Amount
Final Subtotal 1 $11,250
o.o�io adjustment 1
$o,
I
Final Penalty Amount 11 250
I
'STATUTORY LIMIT ADJUSTMENT Final Assessed Penolty'l $11,250
;I DEFERRAL 0.0%' Reduction Adjustment $0
(Reduces the Final Assessed Penalty by the Indicated percentage. ')
f Notes No -deferral Is recommended for Findings Orders. �.
I
PAY ABLE_ PENALTY $11;250;
II((( �ScCeening Date 5-]an-2021 Docket NO. 2021-0039-MWD-E
! Respondent City -of Beaumont
Case ID NO ,60234
Reg. Ent, Reference. No RN101612224
Media Water Quality
i Enf. Coordinator Katelyn Tubbs
Utinpliance History Wbeksheet
Compliance History Site Enhancement (Subtotal 2)
1 -Component Numberof.:.
I
j»
Compliance E
History Enhancement for two Orders that not contain a denial of liability and. Repeat Violator
cl
Notes assification. t
i Total Compliance History Adjustment Percentage (Subtotals 2, 3; & 7) 1 75
Final compliance History Adjustment
Final diustment Percentage *capped at 160d1b
PCW,
PoNcy Revision A (April 2014)
PCW-ReVIS16h'Marth 26, 2014;i
i
Number Adjust.
Written notices of violation ("NOVs") withaame or similar violations as, those in
0
0%
NOVs
the current.enforcement action (number of NOVs meeting criteria)
Other written. NOVs
0
0%
Any agreed final enforcement ordersl-o -containing a deniaf liability (number of
0
_0%orders
meeting criteria )
Any adjudicated final enforcement orders; agreed final enforcement orders
Orders
without a denial of liability, 'or default orders of this state or the federal
. 2
50%
government, or any final prohibitoryemergency orders issued by the commission
Any non:adjudicated final' court judgments or consent decrees.contalning a denial
of liability of this state or the federal government (number of judgments or
0
0%
Judgments
consent decrees meeting criteria )
and Consent
Decrees
Any adjudicated final court judgments.and defaultjudgmentsi. or non -adjudicated
Anal court judgments or consent decrees without a denialof liability, of this state
0
0%
or the 'federal, government
Any criminal convictions .of this state, or the fed_ eral 'government (number of
0
0%
Convictions
counts) —.
Emissions
Chronic excessive emissions .events (number of events)
0
0%
Letters notifying the executive director of an intended audit conducted under the
Texas Environmental, Health; and Safety Audit Privilege Act, 74ih Legislature,
0
0%
1995 (number of audits for which notices weMsubmitted)
Audits
Disclosures of violations under the Texas'Environmental, Health, and Safety Audit
Privilege Act, 74th Legislature, 19.95 (numberofaudits for which violations were
0
0%
disclosed)
Environmental managerrient systems In place for one year or more
No
0%
Other
Voluntary on -site compliance assessments conducted by 'the executive director
under a special assistance ;program
No
0%
Participation in a voluntarym
pollution reduction progra
No
0%
Early compliance with, or offer of a product that meets future state or federal
government environmental requirements
No
no
Adjustment Percentage (Subtotal'_?) 50%
Repeat Violator (Subtotal 3)
Yes
Compliance'History Person Classification (Subtotal 7)
Satisfactory 'Performer-
Co'n3piiance History Summary
Adjustment Percentage (Subtota/'3) 25%
Adjustment Percentage (Subtotal 7) 0%
Screening Date 5-Jan72021 Dock t.No. 202i'-00397MWD-E PCW
Respondent City of Beaumont
Case ID No. 60234
1143g, Ent. Reference No. RN1016i2224
Media Water Quality
Einf. C ' dordinator kat
Violation
a,tlqp Number
RuleClte(s) 310 Tex. Admin.,Code § 305.1,25(l), Tex. Water Code
Pollutant Discharge Ellminatlon.Systeni Permit No.
Conditions No. 2.g
Pqky Revision 4 (Apr92014)FCW Revision March 26, 2014
and Texas
Falledi - to prevent an unauthorized discharge of untreated wastewater Into or
Violation Description en Eo anymat& In the state. Specifically,aporbxImately 11,000.gallons of
untreated sewage was discharged from a sewage collection main located adjacent
to 5595 Gall DrIvd which resulted In the debth of -44 fish.
Environmental, . P.ropprty and Human"illealth - Matri3i Harm
Release Major Moderate Minor
OR, Actual
Potential
Matrix
Notes
lViolation Events
Falsification Major Moderate Minor
Number of Violation Events
daily
_weekly
rnqn!:My
quarterly
semiannual
annual
single event
44justmd0l. $17,56
F��Number of violation- days
Violation Base
One -monthly event is recommended from the date of discharge (popber 26, 2020) to the
,compliance date (October 26, 2020).
- Good Faith. Efforts to Comply L
Berc
ExtraordinaryF .
Ordinary
N16 L
Notes
L
!Econoilhic Bene-
fit (EB):for rthis violation
Estimated EB AmountE:
Reduction,
The Respondent -achieved cornpllahce:on
'October 26i -2026.
Violation subtotal $5,625
Statutory Limit Test
$4,2581 Violation Final Penalty Total l $11'1�50
This violation Final Assessed Penalty (adjusted for limits) 1 $11,.2501
i Economic Benefit Worksheet-
s Respondent City of Beaumont
Case ID No.:60234
Reg. Ent. Reference No. RN101612224
Media Water QualitY I Percent Interest Years of
Violation No. l ! Depreciation
Item Cost Date Required Final Date Yrs .Interest Saved _ Costs Saved EB Amount
Item Description
Delayed. Costs_
Equipment
Bulldings
Other(as needed)
Englneerlog /Construction
Land
Record Keeping Systegl
Training/Sampling
Remediation/ Disposal
Permit Costs
Other (as needed)
Notes for DELAYED. costs
Avoided
1 Dh
I Pars
! Inspection/Reporting/San
Supplies/Equll
Financial Assn
i ONE-TIME avoided
Othar (as ne
Notes for AVOIDED
-
0100
0
0
so
0:00
0
So
s0
-
0.00 ..
.: __ So
0
.. 0 -
0:00
o
so -
0
Mo
0
n a
0
0.00
- 0--- - -
- •: to a .
s0
0.0
0
n a -
0
-
0 00
g0
a n -
0
.06
Actual Equipment cost to repair the broken sewer;maln line. Date Required is the discharge date and the
Final date is the compliance date.
Estimated Remediation/Disposal cost to recover the untreated wastewater discharged, disinfect the
affected area, and properly dispose of the dead fish. Date Required is the discharge date and the Final date
is the compliance date.
Actual Other cost to complete "Lift Station Improvements" Project. Date Requlred.is the discharge date
and the Final date Is the estimated completion.date.
.� Approx. Cost of Compliance $47,835
TOTAL . $4,258
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
IN THE MATTER OF AN § BEFORE THE
ENFORCEMENT ACTION §
CONCERNING § TEXAS COMMISSION ON
CITY OF BEAUMONT §
RNioi612224 § ENVIRONMENTAL QUALITY
AGREED OR -DER
DOCKET NO. 2021-0039-AINVD-E
On MAY 18 2022 , the Texas Commission on Environmental Quality ("the
Commission" or "TCET) considered this agreement of the parties, resolving an enforcement
action regarding the City of Beaumont (the "Respondent") under the authority of TEX. WATER
CODE chs. 7 and 26. The Executive Director of the TCEQ, through the Enforcement Division,
and the Respondent presented this Order to the Commission.
The Respondent understands that it has certain procedural rights at certain points in the
enforcement process, including 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 Order,
the Respondent agrees to waive all notice and procedural rights.
It is further understood and agreed that this Order represents the complete and fully -integrated
agreement of the parties. The provisions of this Order are deemed severable and, if a court of
competent jurisdiction or other appropriate authority deems any provision of this Order
unenforceable, the remaining provisions shall be valid and enforceable. The duties and
responsibilities imposed by this Order are binding upon the Respondent.
The Commission makes the following Findings of Fact and Conclusions of Law:
I. FINDINGS OF FACT
1. The Respondent owns and operates a wastewater treatment plant with an associated
collection system located at 49oo Lafin Drive in Beaumont, Jefferson County, Texas (the
"Facility"). The Facility is near or adjacent to water in the state as defined in TEX. WATER
CODE § 26.001(5).
2. During an investigation conducted on October 26, 2020, an investigator documented
that approximately i,000 gallons of untreated sewage was discharged from a sewage
collection main located adjacent to 5595 Gail Drive which resulted in the death Of 44
fish.
3. The Executive Director recognizes that by October 26, 2020, the Respondent had
repaired the broken sewer main line, recovered the untreated sewage discharged,
disinfected the affected area, and collected and properly disposed of the dead fish.
City of Beaumont
DOCKET NO. 2021-0039-MWD-E
Page 2
II. CONCLUSIONS of LAW
1. As evidenced by Finding of Fact No.1, the Respondent is subject to the jurisdiction of the
TCEQ pursuant to TEX. WATER CODE ch. 26 and the rules of the TCEQ.
2. As evidenced by Finding of Fact No. 2, the Respondent failed to prevent an unauthorized
discharge of untreated wastewater into or adjacent to any Water in the state, in violation
Of 3o TEX. ADMIN. CODE § 305.125(1), TEX. WATER CODE § 26.121(a)[1], and Texas
Pollutant Discharge Elimination System Permit No. WQ0010501020, Permit Conditions
No. 2.g.
3. Pursuant to TEX. WATER CODE § 7.051, the TCEQ has the authority to assess an
administrative penalty against the Respondent for violations of state statutes Within the
TCEQ's jurisdiction, for violations of rules adopted under such statutes, or for violations
of orders or permits issued under such statutes.
4. An administrative penalty in the amount of $11,250 is justified by the facts recited in this
Order, and considered in light of the factors set forth in TEX. WATER CODE § 7.053.
Pursuant to TEN. WATER CODE § 7.o67, $11,250 of the penalty shall be conditionally
offset by the Respondent's timely and satisfactory completion of a Supplemental
Environmental Project ("SEP") as defined in the attached SEP Agreement ("Attachment
A" - incorporated herein by reference). The Respondent's obligation to pay the
conditionally offset portion of the penalty shall be discharged upon full compliance with
all the terms and conditions of this order, Which includes the timely and satisfactory
completion of all provisions of the SEP Agreement, as determined by the Executive
Director.
III, oRI]ERING PROVISIONS
NOW, THEREFORE, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ORDERS
that:
1. The Respondent is assessed a penalty as set forth in Conclusion of Law No. 4 for
violations of state statutes and rules of the TCEQ. The payment of this penalty and the
Respondent's compliance with all the requirements set forth in this order resolve only
the matters set forth by this order in this action. The Commission shall not be
constrained in any manner from requiring corrective actions or penalties for violations
that are not raised here. Penalty payments shall be made payable to "TCEQ" and shall be
sent With the notation "Re: City of Beaumont, Docket No. 2021-003g-MWD-E" to:
City of Beaumont
DOCKET NO. 2021-0039-MWD-E
Page 3
Financial Administration Division, Revenue operations Section
Attention: Cashier's office, MC 214
Texas Commission on Environmental Quality
P.O. Box 13088
Austin, Texas 78711--3088
2. The Respondent shall implement and complete an SEP as set forth in Conclusion of Lave
No. 4. The amount of $11,250 of the assessed penalty is conditionally offset based on the
Respondent's implementation and completion of the SEP pursuant to the terms of the
SEP Agreement, as defined in Attachment A. Penalty payments for any portion of the
SEP deemed by the Executive Director as not complete shall be paid within 3o days after
the date the Executive Director demands payment.
3. All relief not expressly granted in this order is denied.
4. The duties and provisions imposed by this order shall apply to and be binding upon the
Respondent. The Respondent is ordered to give notice of this order to personnel who
maintain day-to-day control over the Facility operations referenced in this order.
5. If the Respondent fails to comply with any- of the ordering Provisions in this order
within the prescribed schedules, and that failure is caused solely by an act of God, war,
strike, riot, or other catastrophe, the Respondent's failure to comply is not a violation of
this order. The Respondent shall have the burden of establishing to the Executive
Director's satisfaction that such an event has occurred. The Respondent shall notify the
Executive Director within seven days after the Respondent becomes aware of a delaying
event and shall take all reasonable measures to mitigate and minimize any delay.
6. The Executive Director may grant an extension of any deadline in this order or in any
plan, report, or other document submitted pursuant to this order, upon a written and
substantiated showing of good cause. All requests for extensions by the Respondent
shall be made in writing to the Executive Director. Extensions are not effective until the
Respondent receives written approval from the Executive Director. The determination
of what constitutes good cause rests solely with the Executive Director.
7. The Executive Director may, without further notice or hearing, refer this matter to the
Office of the Attorney General of the State of Texas ("OAO") for further enforcement
proceedings if the Executive Director determines that the Respondent has not complied
It
with one or more of the terms in this order.
8. This order shall terminate five years from its effective date or upon compliance with all
the terms and conditions set forth in this order, whichever is later.
9. This order, issued by the Commission, shall not be admissible against the Respondent in
a civil proceeding, unless the proceeding is brought by the OAO to: (1) enforce the terms
of this 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.
City of Beaumont
DOCKET No. 2021-0039-MWD-E
Page 4
10. This Order may be executed in separate and multiple counterparts, which together shall
constitute a single instrument. Any page of this order may be copied, scanned, digitized,
converted to electronic portable document format ("pdf'), or otherwise reproduced and
may be transmitted by digital or electronic transmission, including but not limited to
facsimile transmission and electronic mail. Any signature affixed to this order shall
constitute an original signature for all purposes and maybe used, filed, substituted, or
issued for any purpose for which an original signature could be used. The term
"Signature" shall include manual signatures and true and accurate reproductions of
manual signatures created, executed, endorsed, adopted, or authorized by the person or
persons to whom the signatures are attributable. Signatures may be copied or
reproduced digitally, electronically, by photocopying, engraving, imprinting,
lithographing, electronic mail, facsimile transmission, stamping, or any other means or
process which the Executive Director deems acceptable. In this paragraph exclusively,
the terms: electronic transmission, owner, person, writing, and written, shall have the
meanings assigned to them under TEX. Bus. ORG. CODE § 1.002.
11. The effective date of this order is the date it is signed by the Commission. A copy of this
fully executed order shall be provided to each of the parties.
City of Beaumont
DOCKET NO. 2021-0039-MWD-E
Page 5
SIGNATURE PAGE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Forthe
5 /1 C, )2L.
Date
3/16/2022
Date
1, the undersigned, have read and understand the attached Order. I am authorized to agree to
the attached Order, 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.
L 0 Z,
Signature
Hoe,
Name (Printed or typed)
Authorized Representative of
City of Beaumont
Date
Title
El If mailing address has changed, please check this box and provide the new address beloto:
instmetions: Send the original, signed Order with penalty payment to the Financial Administration Division,
Revenue Operations Section at the address in Ordering Provision i of this Order.
Attachment A
Docket Number: 2021-0039-MwD-E
SUPPLEMENTAL ENVIRONMENTAL PROJECT
Respondent:
City of Beaumont
Penalty Amount:
Eleven Thousand Two Hundred Fifty Dollars (S 11,2 50)
SEP offset Amount:
Eleven Thousand Two Hundred Fifty Dollars (S 11,2 50)
Type of SEP:
Compliance
Project Name:
Lift Station Improvements
Location of SEP:
,Jefferson County
The Texas Commission on Environmental quality ("TCEq") agrees to offset the administrative
Penalty Amount assessed in this Agreed Order for Respondent to perform a Supplemental
Environmental Project ("SEP"). The SEP Offset Amount is set forth above and such offset is
conditioned upon completion of the project in accordance with the terms of this Attachment A.
Respondent is a Local Government that qualifies under Texas water Code § 7.067 to apply the
SEP Offset Amount set forth above to correct violations at its wastewater treatment facility (the
"Facility") which are described in this Agreed Order. This Agreed Order cites violations at
Respondent's Facility.
1. Project Description
A. Project
Respondent shall hire a contractor to purchase and install a new pump station control panel at
the Rue Lane lift station in Beaumont, Jefferson County. The lift station controls currently
consist of hardwired alternator panels and a Murphy pressure switch system for level detection
and pump control and perform inconsistently during times of seasonal pressure changes. The
control system upgrade will modernize the controls with a new level transmitter and a new
pump control panel. The control system upgrade will aid in preventing the sanitary sewer
system from surcharging and leading to potential unauthorized discharges. Specifically, the SEP
Offset Amount shall be used for materials, supplies, and equipment for one or more of the
following: pump station control panel (the "Project"). Respondent shall solicit bids from
qualified contractors to perform the Project. Any advertisement, including publication, related
to the SEP must include the enforcement statement as stated in Section 0, Publicity. The SEP will
be performed in accordance with all federal, state, and local environmental laws and
regulations, including permits that may be required prior to commencement of the SEP.
Respondent shall use the SEP Offset Amount only for the direct cost of implementing the
Project, including supplies, materials, and equipment rentals, as listed in Subsection C.
Minimum Expenditure, Estimated Cost Schedule, below. No portion of the SEP offset Amount
shall be spent on administrative costs, including but not limited to operating costs, reporting
expenses, handling of expenses, project coordination, liability, or equipment breakdowns.
Respondent's signature affixed to the attached Agreed Order certifies that Respondent has no
prior commitment to perform this Project and that the SEP is being performed solely as part of
the terms of settlement in this enforcement action.
Page 1 of 4
City of Beaumont
Docket No. 2021-0039-N WD-E
Attachment A
B. Environmental Benefit
This SEP will provide a discernible environmental benefit by preventing wastewater discharges
being released into the environment during the collection process.
Wastewater discharges can carry bacteria, viruses, protozoa (parasitic organisms), helminths
(intestinal worms), and bioaerosols (inhalable molds and fungi). The diseases they may cause
range in severity from mild gastroenteritis to life -threatening ailments such as cholera,
dysentery, infectious hepatitis, and severe gastroenteritis. Additional risks include occurrences
of low dissolved oxygen, fish kills, algal bloom, and bacterial contamination in waterways.
C . Minimum Exp enditur e
Respondent shall spend at least the SEP offset Amount to complete the project described in
Section 1, above, and comply with all other provisions of this SEP. Respondent understands that
it may cost more than the SEP offset Amount to complete the Project.
Estimated Cost Schedule
Item
Quantity
Cost
Units
Total
Pump Station Control Panel
1
$42,000
1
$42,000
Total
$429000
2. Performance Schedule
Within 30 days after the effective date of this Agreed order, Respondent shall begin
implementation of the SEP. Respondent shall have completed the SEP in its entirety within 130
days after the effective date of this Agreed order.
3. Records and Reporting
A. Progress Report
Within 30 days after the effective date of this Agreed order, Respondent shall submit a Notice
of Commencement to the TCEQ describing actions performed to date to implement the Project.
Within 90 days after the effective date of this Agreed order, Respondent shall submit a report
detailing the progress made and all actions completed on the Project during the previous 00-
day period and setting forth a schedule for achieving completion of the Project within the 130-
day timeframe set forth in Section 2, Performance Schedule, above. Thereafter, Respondent
shall submit progress reports to the TCEQ containing detailed information on all actions
completed on the Project to date as set forth in the Reporting Schedule table below:
Page 2 of 4
City of Beaumont
Docket No. 2021-0039-MWD-E
Attachment A
Reporting Schedule
Days from
Effective order
Date
Information Required
30
Notice of Commencement describing actions taken to begin project
90
Actions completed during previous 60-day period
130
Notice of SEP completion
B. Final Report
Within 130 days after the effective date of the Agreed order, or within 30 days after completion
of the SEP, whichever is earlier, Respondent shall submit a Final Report to the TCEQ, which
shall include the following:
1. Itemized last of expenditures and total cost of the Project;
2. Copies of invoices or receipts corresponding to the itemized list in paragraph
3.B.1., above;
3. Copies of cleared checks or payment records corresponding to the itemized list
in paragraph 3.B.1., above;
4. Copies of proof of advertisement of invitation for bads, if applicable;
5. A certified statement of SEP completion and document authentication;
6. Detailed map showing specific location of the project sites);
7. Copies of all engineering plans related to work performed pursuant to the
Project, if applicable;
8. Dated photographs of the purchased materials and supplies; before and after
work being performed during the Project; and of the completed Project; and
9. Any additional information Respondent believes will, or that is requested by
TCEQ to demonstrate compliance with this Attachment A.
C. Address
Respondent shall submit all SEP reports and any additional information as requested to the
following address:
Texas Commission on Environmental Quality
Litigation Division
Attention: SEP Coordinator, MC 175
P.O. Box 13087
Austin, Texas 78711-3087
Page 3 of 4
City of Beaumont
Docket No. 2021-0039-Nf"-E
Attachment A
4. Additional Information and Access
Respondent shall provide additional information as requested by TCEQ staff and shall allow
access to all records related to the SEP offset Amount. Respondent shall also allow
representatives of the TCEQ access to the site of any work being financed in whole or in part by
the SEP offset Amount. This provision shall survive the termination of this Agreed Order.
S. Failure to Fully Perform
If Respondent does not perform its obligations under this Attachment A, including full
expenditure of the SEP Offset Amount and submittal of the required reporting described in
Sections 2 through 4 above, the Executive Director ("ED") may require immediate payment of all
or part of the SEP Offset Amount as set forth in the attached Agreed order.
In the event the ED determines that Respondent failed to fully implement and complete the
Project, Respondent shall remit payment for all or a portion of the SEP offset Amount, as
determined by the ED, and as set forth in the attached Agreed order. After receiving notice of
failure to complete the SEP, Respondent shall include the docket number of the attached
Agreed Order and a note that the enclosed payment is for reimbursement of a SEP, shall make
the check payable to "Texas Commission on Environmental Quality," and shall mail it to:
Texas Commission on Environmental Quality
Litigation Division
Attention: SEP Coordinator, MC 175
P.O. Box 13087
Austin, Texas 78711-3087
6. Publicity
Any public statements concerning this Project made by or on behalf of Respondent 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 advertising, public
relations, and press releases.
7. Recognition
Respondent may not seek recognition for this project in any other state or federal regulatory
program.
8. Other SEPs by TCEQ or other Agencies
The SEP Offset Amount identified in this Attachment A and in the attached Agreed order has
not been, and shall not be, included as a SEP for Respondent under any other Agreed Order
negotiated with the TCEQ or any other agency of the state or federal government.
Page 4 of 4
F, 0
Jon Niermann, Chairman
Emily Lindley, Commissioner
Bobby Janecka, Commissioner
Toby Baker, Executive Director
Protecting Texas by Reducing and Preventing Pollution
lug
Kyle Hayes, City Manager
The Honorable Becky Ames, Mayo
City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704
RE: City of Beaumont
TCEQ Docket No. 2021-0039-MWD-E- Permit No. WQ0010501020
Agreed Order Assessing Administrative Penalties and Requiring Certain Actions
Enclosedcopy of an order 'Issued by the Commission.
Questions regarding the order should be directed to the Texas Commission on
Env oeaoemeivi I on at -2545orthe gation irnmntal Qulity's Enfrcnt D* *si(512)239
Division at (512)239-3400. if there are questions pertaining to the mailing of the order,
then please contact Michael O'Malley of the Office of the Chief Clerk at (512)239-3300.
Laurie Gharis
Chief Clerk
I
cc: Betty Sanders, SEP Coordinator, TCEQ Enforcement Division
Katelyn Tubbs, Enforcement Coordinator, TCEQ Enforcement Division
P.O. Box 13087 * Austin, Texas 78711-33087 9 512-239-1000 * tceq.texas.gov
How is our customer service? tceel.texas.gov/customerstirvey
printed on recycled paper