HomeMy WebLinkAboutIR 8917INFORMAL REPORT TO CITY COUNCIL MEMBERS
No. 8917
To the Mayor and Members of the City Council March 4, 2008
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SUBJECT: UPDATE ON NOTICE OF ENFORCEMENT ACTION AND PROPOSED
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rats AGREED ORDER FROM THE TEXAS COMMISSION OF ENVIRONMENTAL QUALITY
AND SANITARY SEWER OVERFLOW INITIATIVE
The purpose of this Informal Report is to advise Council of a notice of enforcement action and
proposed agreed order from the Texas Commission of Environmental Quality (TCEQ) for a
sanitary sewer overflow with environmental impact and to provide information concerning sanitary
sewer overflows in the City and the Water Department's response to a state program designed to
assist utilities in developing practices to reduce them.
In October 2007, the City had a sanitary sewer overflow (SSO) into Big Fossil Creek from a
ruptured sewer line. Pressure buildup from a blockage caused by grease and a fishing net in the
sewer line resulted in a joint rupture in the pipe and sewage discharge into the creek. In addition,
the sewer discharge caused a fish kill. The TCEQ investigated the sewer overflow site and
quantified the extent of the fish kill.
In December 2007, the City received a notice of violation from the TCEQ Dallas /Fort Worth
Regional Office indicating the City was in violation of the Texas Water Code, Texas Administrative
Code, and Texas Pollutant Discharge Elimination System (TPDES) permit. Subsequently, in
February 2008 the TCEQ issued a notice of enforcement action and assessed an administrative
penalty in the amount of $21,600. The TCEQ has issued a proposed agreed order to expedite this
enforcement action that requires payment of this penalty directly to TCEQ at the state level.
The TCEQ has also given the City the option to pay the administrative penalty to a Supplemental
Environmental Project (SEP). SEP is a project that benefits the environment and allows the City
to fully comply with the enforcement process by contributing to an existing environmental project
in, or near, the community where the violation occurred. The TCEQ has recommended that the
City contribute to the Keep Texas Beautiful, Texas Waterway Cleanup Proiect. This SEP
promotes the cleanup of rivers, lakes, and shorelines by supplying project coordination, labor,
supplies and materials for cleanup events and by providing assistance with disposal fees for
proper disposal of wastes collected at events. Staff has recommended paying the administrative
penalty to the SEP.
In 2005, the TCEQ initiated a voluntary program to reduce the number of SSOs from the sanitary
sewer systems across the State. The initiative is intended to assist municipalities with addressing
SSOs that might escalate to such a degree as to cause a negative impact on public health and
the environment. The agreement that is developed with each collection system agency would not
include penalties and would protect the City from formal enforcement action for SSO violations
except when the SSOs impact human public health, safety, and the environment (i.e., fish kills).
In 2006, the TCEQ notified the City of eligibility to participate in the SSO Initiative. The Water
Department initiated the process of developing a SSO Agreement with the TCEQ to evaluate the
sanitary sewer system and develop a corrective action plan to address the continuing SSOs. The
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS
No. 8917
To the Mayor and Members of the City Council March 4, 2008
°'""-*T „ Page 2 of 2
SUBJECT: UPDATE ON NOTICE OF ENFORCEMENT ACTION AND PROPOSED
AGREED ORDER FROM THE TEXAS COMMISSION OF ENVIRONMENTAL QUALITY
AND SANITARY SEWER OVERFLOW INITIATIVE
Infrastructure and Transportation Committee was briefed in May 2006. In April 2007, the Water
Department submitted to TCEQ for approval, a corrective action plan to address SSOs.
In July 2007, the TCEQ noted the City that the SSO Plan was approved and would be forwarded
to the Enforcement Division for incorporation into an SSO Agreement. Currently, TCEQ is in the
process of drafting an agreement for the City's approval. The term of the SSO agreement is for
(10) years.
Staff has identified approximately $169 million in the sewer collection system capital needs to
address sanitary sewer overflows in the City over the next (10) years. These resources will be
required to replace existing sanitary sewer lines in targeted neighborhoods with deteriorated
infrastructure inventory. The corrective action plan includes the above capital needs as well as
proactive maintenance of the collection system, an update of the Sanitary Sewer Master Plan, the
continued development of geographic information system (GIS) maps for the sanitary sewer and
public outreach activities.
The sanitary sewer overflow occurred in COUNCIL DISTRICT 4.
If you have any questions or need any additional information, please contact Frank Crumb at
817 - 392 LFissel 8207. 1
Dale A. r, . E.
City Manager
ISSUED BY THE CITY MANAGER
FORT WORTH, TEXAS